10-11-17 Duties and Responsibilities of the Clerks - Key to Integrity Failure of the US Courts // Secretarios de los Tribunales de los EE.UU.

  
Federal Judicial Center_ _ _ _  _ Administrative Office of the US Courts


Linked [1] and outlined below are three publications of the Federal Judicial Center, referring to the duties and responsibilities of the Clerks of the US Court. The publications highlight the vast difference between the letter and spirit of the law relative to duties and responsibilities of the Clerks of the US Courts as Custodians of Records of the US courts, bonded and bound by Oath of Office, and practices of the US courts today.

The Salary Act of 1919, which placed the Clerks of the US Courts under the authority of the US Attorney General, is credited as a key measure in restoring the integrity of the US courts following a period of rampant corruption.

Yielding the authority over the Clerks of the US Courts to the US judiciary in the mid and late 20th century and implementation of PACER and CM/ECF, both through the Administrative Office of the US Courts, are claimed as central to undermining the authority and integrity of the Clerks of the US Courts and the US courts themselves, as seen today. [2]


The US Congress is called upon to restore the integrity of the US courts through: [2]
a) Enactment of federal rules of PACER and CM/ECF - restoring accountability of the Clerks of the US Courts for integrity of electronic court records, and
b) Again placing the Clerks of the US Courts under authority of the US Attorney General.
____________

Points of interest:

1) Russell R. Wheeler, Origins of the Elements of Federal Court Governance,Federal Judicial
Center (1992) - page 3 of instant PDF file (page numbers below - as shown in the record itself)

Page 3:
1789 First Judiciary Act is passed. It
…
• creates the office of the clerk of court in each district court;

Page 11:
Clerk of Court (1789)
(28 U.S.C. §§ 711 (court of appeals), 751 (district), 156(b) (bankruptcy) (In effect, the chief administrative officer in almost all district and bankruptcy courts; in courts of appeals, mainly responsible for case-flow management support and being custodian of court records).
The First Judiciary Act authorized the Supreme Court and each district court to appoint a clerk, who was “to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations of the court for which he is clerk.” Congress subsequently authorized appointment of clerks for the circuit courts and then for the circuit courts of appeals.

The paragraph adequately lists the Clerk of the Court as Custodian of Records, but fails to mention that the Act prescribed that Clerk of the Court must take an Oath of Office and be bonded.

2) Conference on Assessing the Effects of Legislation on the Workload of the Courts: Papers and Proceedings, A. Fletcher Mangum, Editor, Federal Judicial Center (1995) - page 35 of instant PDF.

Page 172:
307. For civil cases, these data are generated at the time of initiating an action in federal district court by the filing attorney. When filing a case in federal court, the attorney must complete a form (JS-44) that includes coded information on the general nature of the suit and reference to a precise statutory section and subsection of the U.S. Code that links the case filing to a relevant cause of action. The clerk of court verifies and transcribes the information from the JS-44 to a more condensed format (the JS-5), which the clerk transmits to the Administrative Office.

The paragraph highlights the significance of form JS-44 (Civil Cover Sheet). Today, except for the Summons, it is the only record in the full civil docket, where a valid signature (either graphic or digital) of a Deputy Clerk, bound by Oath of Office, may be found. In cases, which were previously opined as pretense litigations and Fraud on the Courts, no signed Civil Cover Sheet and no valid signed Summons could be found.

3) Federal Courts and What They Do, Federal Judicial Center (publication year unknown)

Page 10:
The courtroom deputy or clerk. The courtroom deputy or courtroom clerk, who is usually seated next to the judge, administers the oaths to the witnesses, marks the exhibits, and generally helps the judge keep the trial running smoothly. Sometimes the deputy or clerk is away from the courtroom performing other tasks during parts of the trial. The courtroom deputy is employed by the office of the clerk of the court. The clerk of the court by all the judges on the court and works closely with chief district judge, who is responsible for the court’s overall administration.

The paragraph entirely blurs the difference between a Courtroom Deputy and a Deputy Clerk. In fact, the former is a court employee, who has no duties and responsibilities prescribed by law, and who is not bound by Oath of Office, while the latter has specific duties and responsibilities prescribed by law, and must take Oath of Office. 

Moreover, the paragraph inserts a comment:
Sometimes the court deputy or clerk is away from the courtroom performing other tasks during the trial.

In fact, an authorized Deputy Clerk, bound by Oath of Office, must sit in all court proceedings, for the proceedings to be a valid seatings of the court.

Page 17:
CLERK OF THE COURT – an officer appointed by the court to work with the chief judge and other judges in overseeing the court’s administration, especially to assist in managing the flow of cases through the court.

The paragraph entirely fails to mention that the office of the Clerk of the Court is established by law, and the main duties and responsibilities of the Clerk of the Court – attesting/authenticating and maintaining valid court records.

COURTROOM DEPUTY or CLERK – a court employee who assists the judge by keeping track of witnesses, evidence, and other trial matters, and sometimes by scheduling cases.

The paragraph again blurs the difference between a Deputy Clerk and a Courtroom Deputy (in fact a secretarial assistant).
____________ 
LINKS:
[1] Three publication of the Federal Judicial Center
http://www.scribd.com/doc/42954952/
http://www.scribd.com/doc/42952670
[2] 10-08-18 Zernik, J: Data Mining of Online Judicial Records of the Networked US Federal Courts, International Journal on Social Media: Monitoring, Measurement, Mining, 1:69-83 (2010)
http://www.scribd.com/doc/38328585/
10-10-30 Zernik, J: Case Management and Online Public Access Systems of the Courts in the United States - A Call for Action - pending
http://www.scribd.com/doc/40511204/
10-11-08 SEC v Bank of America Corporation (1:09-cv-06829) at the US District Court, SDNY - Opined as Fraud on the Court
http://www.scribd.com/doc/41608723/
10-11-15 Calendars and Clerks of the US Courts – Additional Evidence of Fraud on the Courts in Litigations Involving Bank of America and Government Officers
http://www.scribd.com/doc/42686043/
10-11-11 Table 1: US District Courts: PACER and CM/ECF - Public Access to Calendars, Survey of over 20 district courts
http://www.scribd.com/doc/42071752/
10-11-11 Table 2: US District Courts PACER and CM/ECF: Public Access to Calendars - Survey of Individual Cases in 5 District Courts
http://www.scribd.com/doc/42100653/

10-11-17 California Ethics Questions presented to TIKKUN's Rabbi MICHAEL LERNER: What are the duties and responsibilities of counsel, when representing a client in corrupt court proceedings? // Preguntas para el Rabino Michael Lerner: Ética de los Abogados en los Tribunales Corruptos

Rabbi Michael Lerner, Editor - Tikkun Magazine (to heal, repair, and transform the world)

Dear Rabbi Lerner:

Thanks again for your response on the previous ethics question, affirming the ethical duty of Bet Tzedek (The House of Justice) and the Los Angeles Jewish Federation to respond on the question whether they have grievance procedures, for individual, who claims to have been harmed by fraud perpetrated by Bet Tzedek and its most senior officers on the grounds of Bet Tzedek. 

Here are two related, more complex ethics questions:

1) Given the recent United Nations Human Rights Council report, which referred to "corruption of the courts and the legal profession" in California, should attorneys in California include a statement to that effect in their standard engagement agreements?
After all, it surely is a material fact, which the average person may not be aware of, but should consider before retaining an attorney in California or ever going to court.

2) What are the duties and responsibilities of counsel, when representing a client in a corrupt court proceeding?

Copied below is correspondence with two Los Angeles attorneys on this issue:

The first, self-identified as an Orthodox Jew, explained his conduct in participating in such proceedings without ever disclosing it to his clients by the need to provide for his wife and children. 

The second, believed to be non-Jewish, explained his participation in such proceedings without ever disclosing it to his clients in intimidation/extortion: Attorney Richard Fine, identified as Jewish, recently tried to protest such proceedings in the Los Angeles court, and ended up in 18 months of solitary confinement with no warrant ever issued and with no judgment/conviction and no sentencing ever entered in his case.

Of note, the issue in the case of the second attorney was again related to alleged Fraud on the Court in conduct of a Jewish Los Angeles judge and Attorney DAVID PASTERNAK, Board Member and former President of Bet Tzedek.

I look forward to your responses on these questions, which must be everyday dilemmas for attorneys in Los Angeles County, California, and beyond, many of them members of the US Jewish community.  Needless to say, protesting and rebuking corruption of the courts was central to the teachings of the Hebrew prophets, and part of what made them universally admired.  In pronouncing a clear and unambiguous stand on these issues you may indeed help transform California and the United States, as we know them today.

Truly,

Joseph Zernik, PhD
Human Rights Alert (NGO)

Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system in the United States.

http://www.scribd.com/Human_Rights_Alert
http://inproperinla.com/
http://pressroom.prlog.org/Human_Rights_Alert/
http://human-rights-alert.blogspot.com/
http://josephzernik.blog.co.uk/
http://menchenrechte-los-angeles.blogspot.com/
http://droitsdelhommealertelosangele.blogspot.com/
http://ireport.cnn.com/people/HumanRightsA?numResults=10&view=documents
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN THE UNITED STATES?
*  "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."
Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
*     "Innocent people remain in prison"
*     "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."
LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306/
*   "...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/29043589/
*   "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."    
Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
http://www.scribd.com/doc/274339
_____________________________
WHAT DID THE UNITED NATIONS HUMAN RIGHTS COUNCIL STAFF REPORT SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
*   "...corruption of the courts and the legal profession and discrimination by law enforcement in California."
http://www.scribd.com/doc/38566837/
___________
1) 10-11-03 California legal ethics question: What are the duties and responsibilities of an attorney when appearing in pretense court proceedings before a corrupt judge? Correspondence with a Jewish Los Angeles Attorney



As part of the first ever, 2010 UPR (Universal Periodic Review) of Human Rights in the United States, the Human Rights Council issued a staff report referring to "corruption of the courts and the legal profession" in California. [1]
Below is correspondence with a California attorney, documenting how it works in practice in everyday life at the Superior Court of California, County of Los Angeles:
_____
At 09:05 PM 10/26/2010, California Attorney wrote:
Still no word from you on judge [redacted] dpt [redacted]. If you know of nothing, just let me know. I do not know if you are receiving the emails and choosing not respond, or simply not answering. thanks
Sent: Tuesday, October 26, 2010 4:02 PM by Joseph Zernik
[redacted] Stanley Mosk Courthouse Dept [redacted] [redacted] [added - severl of them are pretense receiverships] I start most of my work off records alone. I found only eight (8) cases where [redacted] was involved, and only partial records at best. However, there is no doubt that [redacted] is a corrupt judge, on multiple accounts. It looks like [redacted] and Attorney KEVIN SINGER do the dog and pony show like Judge JOHN SEGAL and Attorney DAVID PASTERNAK. [added - in pretense receiverships] Thanks for bringing [redacted] name to my attention.
JZ
At 03:01 AM 10/27/2010, California Attorney wrote:
What does that mean 8 cases [redacted] was involved in??
Sent: Tuesday, October 26, 2010 5:10 PM by Joseph Zernik:
I managed to find records and reports only of 8 captions. Involved in - in some of these cases multiple judges juggled the case, apparently with no assignment orders, a typical pattern in group racketeering at the court, and [redacted] was only one of a group.
At 02:24 AM 10/27/2010, California Attorney wrote:
Yes, my case was related to another case, judge [redacted] ordered it related and transferred to probate court. [redacted] refused to cooperate and refuses to move the case over.
Sent: Tuesday, November 02, 2010 1:19 PM by Joseph Zernik:
Although I never used these words, my report to the United Nations was summed up by the legal staff of the Human Rights Council as "corruption of the courts and the legal profession".
- Would you inform your client when a judge is presiding with no Assignment Order?
- Would you inform your client when a judge "waives" the right for notice and service?
- Would you inform your client when all Minutes in the court file fail to be signed by the Clerk of the Court or Deputy Clerk?
- Would you inform your client when Judgment or Appealable Order is not entered, yet the court enforces it in violation of the law?
I simply cannot see how any attorney can practice in Los Angeles County, California, unless he/she is either incompetent or corrupt. JZ
At 11:37 PM 11/2/2010, California attorney wrote:
Well, I do not believe I am either one of your choices
Date: Tue, 02 Nov 2010 23:54:49 +0200, Joseph Zernik wrote:- Would you inform your client that a judge in his/her case is presiding with no Assignment Order?
- Would you inform your client when the judge "waives" notice and service?
- Would you inform your client that none of the Minutes in the court file are duly signed by a Deputy Clerk, and therefore are void?
- Would you inform your client that his/her judgment was never entered?
It is a tough job for an attorney to walk between the drops...
Date: Tue, 2 Nov 2010 15:05:16, California Attorney wrote:
Is this happening all the time? Sorry I have not been reading each of your emails. If a judgment is not entered, I would have that corrected, and have, but as for the other three, I have never seen it, but I also have not been looking at it I'm sure as closely as you. but I guess your point is that all attorneys should be. I have never been involved in a case where I thought that has happened or where my client thought something was fishy, expect for the time I helped you, and the new case I have in front of [redacted], of which you have not been providing me with much good ammunition. Trying to get rid of [redacted] for the things you told me I believe will be a waste of time and money. Maybe I am wrong, but cannot take the chance. [redacted] does not even give up the case when she is ordered to by [redacted].
Date: Tue, 2 Nov 2010 15:33:48 , California Attorney wrote:
That is why we have you and the good organizations fighting the cause. If you are correct, like I said a long time ago, you, the public, the press will need to bring it into the open and cause change. I am a little fish swimming in a very big ocean and cannot spend the time or resources to get to the bottom of what you say is happening. However, on a case by case basis, if things arise, I will check further. FYI, when I submit a judgment and get it back executed by the court, that is what I use. If that is wrong because of the court failing to enter it, well I will look into that from now on to try and get the court to enter it in a way that you are citing, though I am not sure that is necessary given the practice and custom among attorneys, however unfortunate you say it may be due to the illegality. So it seems I am back to square one with my problem judge. Thank you for trying to help me.
Sent: Tuesday, November 02, 2010 7:23 PM by Joseph Zernik:
You must be naive at best:
- Pursuant to the US Constitution, Art. IV s. I, and Act of Congress of May 26, 1790, for judicial records to be of "full faith and credit", the judgment must be attested by a clerk, beyond its "execution" (certification) by a Judge.
- Furthermore, pursuant to California Government Code §69844.7 the court is required to maintain a "Judgment Book".
- California Code of Civil Procedure §664.5 requires that such judgment or appealable order be entered in the judgment book, to make such judgment "effectual for any purpose".

If I understood you correctly, you accept judgment as valid and effectual based on certification by a judge alone - therefore, you may be advising your clients to obey or accept as judgments of "full faith and credit", and "valid and effectual" judicial records, which are in fact void, not voidable. Exposing the corruption "by organizations' is not likely to make any difference. For example - existence of secret corporations, controlled by the LASC judges, and inexplicable fund movements in and out of such corporations, was exposed already a decade ago by the Washington DC "Insight Magazine". No action was taken by FBI, IRS, or US DOJ, and such corporations continue to operate to this date. In complaint to US DOJ, I provided additional credible evidence of high-level financial management fraud at the LASC. US DOJ refuses to take action. Corruption of the judiciary and the legal profession in LASC and the United States is now rampant, and neither the Executive, nor the Legislative Branches have the power to address it. To wit:
- Already in 2007 I filed complaints regarding racketeering in the Los Angeles Courts.
- In 2008 I filed similar complaints with FBI Director and US Attorney General with voluminous credible evidence.
- Both refused to respond.
- In 2009, Senator Dianne Feinstein and Congresswoman Diane Watson filed Congressional Inquiries on my behalf of FBI Director and US Attorney General - why they would not address the complaints of racketeering in the Los Angeles courts.
- Assistant Director of FBI - KENNETH KAISER, and Director of US Department of Justice KENNETH MELSON responded to US Congress. I deemed their responses fraud on the US Congress.
- In 2010 I filed complaint with GLENN FINE - US DOJ IG - for fraud by the above two gentlemen on US Congress.
- US DOJ IG refused to respond.
- Senator Feinstein then filed another Congressional Inquiry, this time on US DOJ IG - Why he would not respond on complaint of fraud by FBI Assistant Director and US DOJ Director on US Congress.
- Response was due within 30 days. To this date US DOJ IG is refusing to respond. Of note, the online Mission Statement of US DOJ IG includes "restoration of the credibility of the US DOJ", and already in 2008 Patrick Leahy, Chair of the US Senate Judiciary Committee, called for a "Truth and Reconciliation Commission" regarding conduct of the US DOJ.
My manuscript, now under review by a top-tier international law journal, documented the same type of conduct all the way to the Supreme Court of the United States. In short, what we are witnessing today is the US controlled not only by the traditional "Military Industrial Complex", but above and beyond it - the Judiciary Banking Complex. Although never stated in these terms, that was the essence of my report to the United Nations, which led the legal staff to sum it as "corruption of the courts and the legal profession". In fact, the US and state judiciary, in collusion with the legal profession, brought the US into a Robber Baron Revival Era. The outcome is historically predictable - we are back in a Greater Depression.
[redacted]
- You still have not addressed the issue of how you ascertain that LASC judges presiding in cases of your clients indeed hold Assignment Orders.
- You likewise have not addressed the issue of your conduct when LASC judges engage in the standard practice of "waiving notice" of minutes of the court, depriving your clients of their fundamental civil rights.
- You likewise have not addressed the standard practice of including in court files Minutes, which were never signed by the Deputy Clerk, and therefore are void, not voidable.
In short: the LASC routinely issues pretense judicial records, construct pretense court files, and thereby conducts pretense litigations.
At 07:27 AM 11/3/2010, California Attorney wrote:
Joseph, I read through to In Short and if you , the FBI and the senators and the UN cannot fix this, how the hell can I make a dent? This reminds of when I was helping you and became overwhelmed by the magnitude of what you alleged. As for your questions, I do not have answers without researching it, but I do know that even if you are right, there is little, little old me can or will do to make a change other than stop practicing law and starve my wife, six kids and myself. You continue to carry the torch and G-d willing the truth will see the light of day. These things cannot last forever. Until then, I will continue my quest to figure out if my judge is bias on enough grounds to get rid of her. If I am wrong, I guess I can return to your points and try to discredit the whole court in order to have [redacted] thrown out. I wish you the best for yourself and the large picture.
Wed, 03 Nov 2010 12:03:56 +0200, Joseph Zernik wrote:
I asked you only about clerical specifics, which I consider the essentials that a competent attorney must ascertain while representing a client in court. I was not talking about "bias". "Bias" is much more difficult to ascertain.
- I was asking about your duty to ascertain whether the judge, before whom you claim to represent your client, has any authority at all, or is just engaging in pretense judicial conduct.
- I was asking about your duty to ascertain that minutes are duly issued and signed by an authorized Deputy Clerk during judicial proceedings, and are duly served and noticed, pursuant to Due Process rights.
- I was asking about your duty to ascertain that Appealable Orders and Judgments are certified by a judge and attested by a clerk, and entered pursuant to California Code, to make them valid and "effectual for any purpose".
In my opinion, any attorney, who does not ascertain these essentials in representation of his client, is colluding with corruption of the LASC and betraying his client - permitting his client to become victim of abuse by the corrupt courts.
In my opinion, an attorney, who finds out that his client is being abused through the conduct of pretense judicial proceedings, and is too timid to disclose the true facts to his client at minimum, must immediately resign from representation. Collecting legal fees, while representing a client in pretense judicial proceedings is corrupt. My conclusion from your response is that you have no intention of doing either, but continue to represent such clients in pretense judicial proceedings. Now you understand why the UN legal staff to my surprise concluded, based on my report, corruption of both the courts and the legal profession, although I never used these terms.
LINKS
[1] 10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report:
http://www.scribd.com/doc/38566837
___________

2) 10-11-06 Hanassab v Hanassab (BD478923): Duties and Responsibilities of California Attorneys Subjected to Extortion by 'Corrupt Courts' - a Legal Ethics Question

Los Angeles, November 6 - Human Rights Alert and Joseph Zernik, PhD, forwarded to legal experts a California Legal Ethics questions, pertaining to duties and responsibilities of California attorneys facing extortion by 'corrupt courts'.   The matter arose from litigation of Hanassab v Hanassab (BD478923) - Petition for marriage dissolution at the Superior Court of California, County of Los Angeles, where Receiver was appointed under conditions deemed as extortion by the Court, and Counsel for Respondent, although fully informed of the extortionist nature of the Receiver, stated that he would 'tread lightly' in the matter, since he was intimidated by the treatment accorded to former US prosecutor Richard Fine, who stood up to corruption of the Los Angeles Court, and was imprisoned in solitary confinement for 18 months, with no warrant and no judgment/conviction or sentencing ever entered in his case.
A recent United Nations Human Rights Council report referred to 'corruption of the courts and the legal profession' in California. [a] However, regardless of voluminous evidence of operation of an enterprise by the LA-JR (alleged Los Angeles Judiciary Racket), the US Justice Department refuses to take action.
The two common features of the LA-JR noted in previous complaints to the US Department of Justice included large-scale false imprisonments and financial fraud, including, but not limited to the installment of pretense receiverships, involving Attorney David Pasternak (former President of the Los Angeles County Bar Association, former Member of the California Judicial Council, and former President of Bet Tzedek), and others, falsely acting as Receivers with no valid and effectual Appointment Order ever entered.
Regarding David Pasternak's conduct, fraud expert - an FBI veteran, who was decorated by US Congress, by US Attorney General, and by FBI Director - opined 'fraud being committed' (linked below). Numerous judges and commissioners were named as involved in the alleged racketeering, including, but not limited to JACQUELINE CONNOR, ALAN GOODMAN, GREGORY O'BREIN, JOHN SEGAL, TERRY FRIEDMAN, PATRICIA COLLINS, LISA HART-COLE, GERALD ROSENBERG, JAMES D ENDMAN, CHARLES MCCOY, J STEPHEN CZULEGER, AND DAVID YAFFE,  (see links to complaints filed with the US Attorney Office below).  Clerk of the Court JOHN A CLARKE is opined as central figure in the LA-JR.[b]In a previous communication with a California Attorney, who was apparently involved in pretense litigations at the court, the explanation offered by the Attorney for his conduct was in the need to provide for his wife and children.  [c] However, inHanassab v Hanassab (BD478923), Attorney Christopher G. Weston explicitly stated that his decision to 'tread lightly on this issue' was guided by 'considering what happened to Richard Fine' (copied below).
The names of the judges involved, as well as David Pasternak's name were concealed from the 'Case Summary' of Hanassab v Hanassab - published by the Court online and deemed as false and deliberately misleading records, [d] while the Court denies access to the Registers of Actions - the California civil dockets.  However, based on the departments listed, the Judges involved included AMY M PELLMAN  (CE65), MARJORIE S STEINBERG (CE2), THOMAS T LEWIS (CE79).
Request was forwarded to Attorney Weston for copies of key records in the case, for filing a complaint with US Department of Justice regarding racketeering by Attorney David Pasternak and judges of the Superior Court of California, County of Los Angeles involved in the case.

Human Rights Alert (NGO) is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system.

LINKS:
[a] 10-04-19 Human Rights Alert (NG0) submission to the  United Nations Human Rights Council  for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report:
http://www.scribd.com/doc/38566837/
[b] 10-10-15 Proposed Organizational Chart of the LA-JR (alleged Los Angeles Judiciary Racket) s
http://www.scribd.com/doc/39383792/
[c] 10-11-03 California Legal Ethics Question: What Are the Duties and Responsibilities of an Attorney When Appearing in Pretense Court Proceedings Before a Corrupt Judge?
http://www.scribd.com/doc/40844606/
[d] 10-11-06 Hanassab v Hanassab (BD478923) - online Case Summary
http://www.scribd.com/doc/41326865/

CORRESPONDENCE pertaining to Hanassab v Hanassab (BD478923)
1) Note by Nasrin Hanassab, Nov 3, 2010 Date: Wed, 3 Nov 2010 19:33:04
From: nasrin hanassab
Subject: Re David Pasternak
To: jz12345@earthlink.net

Hello,

My name is Nasrin Hanassab case number BD478923, I would like to speak with as I am currently facing a difficult court battle and the receivership is under David Pasternak. I ask that if you would kindly contact me as I have few questions regarding your complaint and I wish to know if there is anything that I can do to help myself in this matter.

I did try to reach you at the phone number that is publicized on the web however, it appears not to be in service.
I ask you to please contact me.

My phone number is [redacted].

Attentively,
Nasrin Hanassab

2) Note by Joseph Zernik, Nov 4, 2010Date: Thu, 04 Nov 2010 08:31:11
To: nasrin hanassab
From: joseph zernik 
Subject: Re: Re David Pasternak

Thanks for contacting me.
I have reviewed numerous cases involving Mr Pasternak, and in my opinion he is a central figure in organized crime at the court. [1] [2] [3] My opinion in that regard is supported by opinion letter of Mr James Wedick, a fraud expert and FBI veteran, who was decorated by US Congress, US Attorney General, and FBI Director. [4]
I will review the Case Summary and other records that are provided online in the caption that you provided.
I do not need to speak with you by phone at this point.  However, I need some basic records:
1) The Order Appointing David Pasternak Receiver, together with its Proof of Service.
2) The minutes issued by the court on the same day that the Order was signed by a judge, as served on you or your attorney (alternatively - state that no Minutes were ever stated).
Truly,

Joseph Zernik, PhD
Human Rights Alert (NGO)
LINKS
[1] http://www.scribd.com/doc/33354641/10-06-21-Dr-Zernik-s-Complaint-Filed-with-Us-Attorney-Office-Los-Angeles-against-Mr-David-Pasternak-for-Public-Corruption-Deprivation-of-Civil-Rights
[2] http://www.scribd.com/doc/34504304/10-07-19-Complaint-filed-with-US-Attorney-Office-against-Judge-John-Segal-Clerk-John-Clarke-Attorney-David-Pasternak-Los-Angeles-Superior-Court-i
[3] http://www.scribd.com/doc/35828312/10-08-13-RE-Karimi-v-Mithawaila-BD518503-Complaint-against-Attorney-David-Pasternak-and-the-Superior-Court-of-California-County-of-Los-Angeles
[4] 07-12-17 Samaan v Zernik (SC087400) David Pasternak: Grant Deeds in re: 320 South Peck Drive, Beverly Hills, CA 90212, opined as fraud by James Wedick
http://www.scribd.com/doc/24991238/
3) Note by Attorney Weston, Nov 4, 2010From: WLCONNECTION@aol.com
Date: Thu, 4 Nov 2010 21:15:20 EDT
Subject: re: DAVID PASTERNAK
To: jz12345@earthlink.net

Dear Mr. Zernik:

I am the attorney for Ms. Hanassab who contacted you  yesterday regarding the receiver David Pasternak. I am interested in your case and investigation  based on some unusual circumstances in Ms. Hanassab case. First in that the parties stipulated to vacate the receiver and  a few  days  later, David Pasternak went to court with nunc pro tunc order  without giving any notice to the parties and the judge in the case signed it. At my client's request I will be sending you a writ of supercedes. However, this document and its exhibits are too large to email.

I would be interested in your opinion but I intend to tread lightly on this issue considering what happened to Richard Fine.

Sincerely,

Christopher G. Weston

4) Note by Joseph Zernik, Nov 5, 2010Date: Fri, 05 Nov 2010 06:39:13
To: WLCONNECTION@aol.com,
From: joseph zernik 
Subject: re: DAVID PASTERNAK
Cc: nasrin hanassab
Dear Mr Weston:

I would be most interested in seeing copies of the following records, which I believe are relatively short:

1) Order signed by the judge in response to the nunc pro, as served on you by Mr Pasternak, together with the Proof of Service, and
2) Minutes issued by the Court on the day that the judge signed the Order, as served on you by the Clerk of the Court, together with Certificate of Mailing and Notice of Entry.

In case either or both were not served, it would be sufficient to state so.

Thanks,

Joseph Zernik 

10-11-17 A Question and Response by Rabbi Lerner in re: "Corruption of the courts and the legal profession" in California and the Los Angeles Jewish Community // Una Pregunta y Respuesta re: "La corrupción de los tribunales y la profesión jurídica" en California y Los Angeles Comunidad Judía

 

Attorney Mitchell Kamin, Bet Tzedek (The House of Justice)

  

Jay Sanderson, CEO and executive producer of Jewish Television Network 
President, Los Angeles Jewish Federation
 

Rabbi Michael Lerner, Editor - Tikkun Magazine (to heal, repair, and transform the world)

1) On  Wed, 17 Nov 2010 Joseph Zernik wrote:
To: Michael Lerner
From: joseph zernik
Subject: Ethics Question for TIKKUN's Rabbi Lerner

RE: Ethics Question for TIKKUN's Rabbi Lerner

Dear Rabbi Lerner:

I realize that you are busy repairing and transforming the world and fighting the religious right.

However, I was still hoping that you would find in your busy schedule time to answer a simple ethics question:

Should the Los Angeles Jewish Federation and Bet Tzedek (The House of Justice) respond, when asked whether they have in place grievance procedures for an individual who claims he was harmed through fraud by Bet Tzedek and its most senior officers, perpetrated on the grounds of Bet Tzedek?

Truly,

Joseph Zernik, PhD
Human Rights Alert (NGO)

2) On 11/17/2010, Rabbi Lerner wrote:

Yes,they should respond.
Rabbi Michael Lerner
Editor, Tikkun Magazine  www.tikkun.org
Chair, The Network of Spiritual Progressives  (www.spiritualprogressives.org)
Rabbi, Beyt Tikkun Synagogue in S.F. and Berkeley (www.beyttikkun.org)
rabbilerner@tikkun.org 

Office: 510 644 1200 

10-11-17 Foreclosures USA - Robber Baron Revival Era - from the OAK Discussion Board // Era del Barones Ladrónes en EEUU

Comment by Joseph Zernik, Los Angeles, CA 1 hour ago

 

Foreclosures, USA

Hi Dr Jackson:

While legal theories are of interest, you seem to have missed the main point. The true facts in the matter are that most foreclosures in the USA in recent years were conducted through what is alleged as Fraud on the Courts - with no valid mortgage records ever produced by the banks, by collusion of the state court judges and large banks.

Moreover, such conduct was eventually brought recently to an end - not by the judges, but by large banks - first and foremost among them Bank of America, only after markets were glutted by foreclosed properties.

In short: It is Robber Baron Revival Era - collusion of judges and large corporations in the looting of the American people.

See detailed reports on the matter from mainstream media outlets:

[1] 10-10-08 a) AP - Bank of America Issues Nationwide Moratorium on Foreclosures, b) CNBC - Foreclosure Primer:

http://www.scribd.com/doc/40470701/

Comment by Dr. A. D. Jackson 3 hours ago

A lot has been written lately about foreclosures with images of banks pitching people into the street. Some mortgages were written with that in mind, and one thing taught in law schools is that equity abhors a forfeiture. On occasion we read about a court that actually follows that principle and either reforms or doesn't enforce the agreement to prevent that sort of thing.

For some reason, I thought back to a time before I entered the university. I heard of an immigrant with at most a grade school education who became a banker and headed a local S & L. The Depression came and instead of foreclosing and throwing people into the street- which caused many people to like John Dillinger- he collected rent at a lower rate until the economy improved and then let these debtors resume payments. Mortgagees stayed out of the street, and the S & L survived the Depression. There's a lesson in there somewhere, as "Colonel Chilla" was certainly no MBA.

Andrew 

10-11-16 Galdjie v Darwish: Judge John Segal, Attorneys David Pasternak and Richard Green - Corruption of the Los Angeles Courts and the Los Angeles Jewish Community // La corrupción de los tribunales de Los Angeles y la comunidad judía

 

Attorney Mitchell Kamin, Bet Tzedek (The House of Justice)

  

Jay Sanderson, CEO and executive producer of Jewish Television Network 
President, Los Angeles Jewish Federation

 

Judge John Segal                Attorney David Pasternak

Galdjie v Darwish: Judge John Segal, Attorneys David Pasternak and Richard Green - Corruption of the Los Angeles Courts and the Los Angeles Jewish Community

• Galdjie v Darwish is considered a prototype of real estate fraud by judges of the Los Angeles Superior Court.
• The three main perps are identified as Jewish: Judge John Segal, Attorney David Pasternak (Pasternak, Pasternak, Patton), Attorney Richard Green (Green and Marker)
• Other Jewish judges and attorneys were involved as well.
• David Pasternak is also former President of Bet Tzedek (The House of Justice) - a prominent Los Angeles Jewish charity, affiliated with the Los Angeles Jewish Federation.
• Both Bet Tzedek and the Los Angeles Jewish Federation refuse to assume accountability for conduct of Bet Tzedek and its senior officers.
• It was one of a series of cases, which were filed with US DOJ with a request for Equal Protection of the 10 million residents of Los Angeles County against racketeering by the judges of the Superior Court.
• US DOJ refuses to take action, even after Congressional Inquiries by Senator Feinstein and Congresswoman Watson.
• The case was also part of the evidence submitted to the UN Human Rights Council, which led to the recent UN report referring to "corruption of the courts and the legal profession" in California.
• The full complaint is also posted at: http://www.scribd.com/doc/34504304/

Executive Summary

Los Angles, July 18  complaint was filed with US Attorney Office, Central District of California, by Human Rights Alert (NGO) and Joseph Zernik, PhD, against John Segal  Judge, John A Clarke  Clerk, Attorney David Pasternak  former President of the Los Angles County Bar Association, and others of the Superior Court of California, County of Los Angeles, alleging public corruption and deprivation of rights relative to their conduct in Galdjie v Darwish (SC052737).

The complaint named as co-conspirators all attorneys who appeared in the case, including, but not limited to Plaintiff's Counsel Richard Green and Defendant's Counsel Rhonda Walker.

The complaint alleged that the named accused conspired to conduct pretense litigation, to employ the Court's fraudulent case management system  Sustain - in generating fraudulent court records, and to take Defendant's property  a 6-unit rental property in Santa Monica - under the color of law. 

The complaint further alleged that the case of Galdjie v Darwish, in and of itself, held sufficient evidence for prosecution of judges, clerks, attorneys, and the Los Angeles Superior Court itself for conduct of an enterprise through a pattern of racketeering activity.

The case proceeded from 1998 to 2006, by a group of judges, who presided with no Assignment Orders and with no authority at all, juggling the case back and forth among them. Judgments were falsely represented as entered, and a Receiver - David Pasternak - was falsely represented as appointed by the court. 

The minutes as registered in Sustain showed routine back-dating - at times by half a year or more, and also the "waiving" of notice and service and failure to have the minutes authenticated by the clerks. Therefore, all such records were alleged as void, not voidable.

The Register of Actions (California civil docket) in Sustain showed the listing of numerous dates for jury trial, repeatedly continued. However, Defendant declared that her counsel had informed her at the onset of the litigation that the case would be heard by an "Equity Court". Therefore, she had been told that she would not be eligible for a jury trial at all. The Register of Actions also provided evidence of routine false registrations of numerous actions in the case. 

On May 13, 2002 the Register of Actions again listed jury trial in the case. However, Defendant declared that upon arriving at the Santa Monica Courthouse of the Superior Court of California, she was instructed to proceed to the Culver City Municipal Court.

The Register of Actions noted that on the same afternoon a "Court Trial" was conducted by a judge who remained anonymous, listed in the Register only a "Muni-Judge". However, Defendant declared that it was Judge John Segal, who acted with no authority at all.

Attorney David Pasternak later acted as "Receiver" in the case. However, the hearing of a motion and the order for his appointment of receiver, were falsely registered. The Register of Actions also showed that no writ of execution was ever issued in the case.
Regardless, David Pasternak took Defendant's property, under the color of law, and conveyed it into possession of Plaintiff. However, no conveyance of title was ever found in searching the records of the Los Angeles County Registrar/ Recorder.

The Register of Actions further showed that all court fees in the case, without exception, were listed as "Journal Entry", whereas in other cases of the Court they were listed in the Registers as "Filing Fees", "Motion Fees", "Stipulation Fees", etc. Presiding Judge Charles McCoy and Clerk of the Court John A Clarke refused to disclose the ultimate designation of the funds collected in the case. It should be noted that accountancy textbooks consider misuse of "Journal Entry" registration as a cardinal sign of high-level financial management fraud.

Presiding Judge Charles McCoy and Clerk of the Court also denied access to the paper court file in the case and to various Sustain records  alleged in the complaint as violation of First Amendment Rights and an ongoing effort to cover-up alleged criminality by the Court.

The Clerk of the Court John Clarke also refused to certify the case as litigation conducted by the Superior Court of California, County of Los Angeles. 

The case was claimed as holding unique public policy significance: It provided detailed evidence of the conduct of pretense litigations at the Los Angeles Superior Court and of real estate fraud by the Los Angeles Superior Court, which was alleged as central to propelling Los Angeles County to its distinction by the FBI as "the epicenter of the epidemic of real estate and mortgage fraud".

Moreover, the case provided detailed evidence of efforts by the Court to establish the law as permitting "oral modifications of real estate contracts"- which would no doubt increase the incidents of real estate fraud in Los Angeles County even further. 

The complaint further alleged that the case presented unique evidence of the tight linkage between corruption of the courts and corruption of the legal profession in Los Angeles County, California.

In addition, the case provided detailed evidence of the central role of the Court's case management system  Sustain - in conducting of pretense litigations, through fraudulent registrations of actions and minutes. Sustain was installed at the Los Angeles Superior Court circa 1985, at a time that today's California Supreme Court Chief Justice Ronald George served in leadership positions at the Court.

The case also provided detailed evidence of the refusal so far of the US and the California government to address alleged racketeering by judges of the Los Angeles Superior Court. Complaints regarding fraud committed by the Superior Court in the case of Galdjie v Darwish and other similar cases, were previously filed with California Attorney General and gubernatorial aspirant Jerry Brown. Jerry Brown, who was recently quoted by media a "appalled by corruption", refused to initiate any corrective actions. FBI, likewise, has so far refused to investigate such allegations.

Conduct of the Los Angeles Superior Court and the Los Angeles Justice system were described already in 2001 by Prof Erwin Chemerinsky, Founding Dean of the University of California Irvine Law School, as "conduct associated with the most repressive dictators and police states", and the Blue Ribbon Review Panel recommended already in 2006 external investigation of the Los Angeles Superior Court. Regardless, the April 2010 report, filed by Human Rights Alert with the United Nations, documented ongoing refusal of senior officers of the US Department of Justice to enforce the law in Los Angles County, California, and to accord equal protection to its 10 million residents.

The complaint was copied to the United Nations and the US State Department, as part of the first ever, 2010 review by the United Nation of Human rights in the United States. Responses by the US State Department to the United Nations are due by August 2010, and the United Nations review session and report are scheduled for November 2010. 

Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system in the United States.