.

page counter []
"...it's difficult to find a fraud of this size on the U.S. court system in U.S. history... where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." Raymond Brescia, a visiting professor at Yale Law School

* "Los Angeles County got the best courts that money could buy". KNBC (October 16, 2008) * "Innocent people remain in prison" LAPD Blue Ribbon Review Panel Report (2006) * Los Angeles County is "the epicenter of the epidemic of real estate and mortgage fraud." FBI (2004) * “…judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Loyola Law School, LA (2000) * “This is conduct associated with the most repressive dictators and police states… and judges must share responsibility when innocent people are convicted.” Prof Erwin Chemerinksy, Irvine Law School (2000) * "Condado de Los Angeles tiene las mejores canchas que el dinero puede comprar".KNBC (16 de octubre de 2008) * "Las personas inocentes permanecen en prisión" LAPD Blue Ribbon Panel de Revisión Report (2006) * Condado de Los Angeles es "el epicentro de la epidemia de bienes raíces y el fraude de la hipoteca." FBI (2004) * "... Los jueces juzgado y condenado a un asombroso número de personas por crímenes que no cometieron." Prof. David Burcham, Loyola Law School, LA (2000) * "Esta es una conducta asociada con los dictadores más represivos y los estados de la policía ... y los jueces deben compartir la responsabilidad, cuando es condenado a personas inocentes." Prof. Erwin Chemerinksy, Irvine, la Facultad de Derecho (2000)

Thousands of Rampart-FIPs (Falsely Imprisoned Persons) remain locked up more than a decade after official, expert, and media report documented that they were falsely prosecuted, convicted, and sentenced in the largest court corruption sandal in the history of the United States...

Blue Ribbon Review Panel report (2006):

http://www.scribd.com/doc/24902306/

Nuestro derecho a acceso los expedientes publicos, nuestra libertad y nuestros derechos humanos fundamentales están todos conectados en las caderas!

10-10-01 Corruption of the California courts noticed by the United Nations

In summer 2010, the staff report of the Human Rights Council of the United Nations, as part of the first ever, 2010 UPR (Universal Periodic Review) of Human Rights in the United States, noticed and referenced the Human Rights Alert April 2010 submission, pertaining to "corruption of the courts, the legal profession, and discrimination by law enforcement in California".

10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States

Sunday, January 23, 2011

11-01-23 ‘Don’t Ask, Don’t Tell’ in the US Court of Appeals, 9th Circuit: Verification of Validity of the Dockets by Clerk Molly C Dwyer, US Court of Appeals, 9th Circuit, is Requested


Press Release 
'Don't Ask, Don't Tell' in the US Court of Appeals, 9th Circuit:  Verification of Validity of the Dockets by Clerk Molly C Dwyer is Requested
The Clerks of the US Courts hold a key position in the safeguard of integrity of courts and Human Rights in the Digital Era.
Los Angeles, January 23  Log Cabin Republicans v USA was initiated as appeals by both Log Cabin Republicans and the US Department of Justice, from litigation of the 'Don't Ask, Don't Tell' policy of the US Armed Forces in the US District Court, Central District of California.

As part of his Motion to Intervene, Joseph Zernik, PhD, of Human Rights Alert (NGO), has filed request for Molly C Dwyer, Clerk of the US Court of Appeal, 9thCircuit, to verify the validity of the dockets in the appeals. [1] The dockets of the appeals were published online in PACER, the Court's online public access system.  In his request, Dr Zernik noted that he has studies the electronic online public access system of the US courts from coast to coast and also published a report on the subject in an international, peer-reviewed, computer science journal, with Editorial Board listing scholars from six European nations and Canada. [2]
Regardless of his familiarity with the system, Dr Zernik claimed that some ambiguity remained regarding the PACER docket of the appeals.  Ambiguity in court records was claimed as violation of Due Process rights.


Dr Zernik asked that Clerk Molly Dwyer address specific concerns:

*                Validity of the dockets of the appeals in general, as dockets that were published in compliance with US law, under the authority of the Clerk of the Court, and in compliance with her Oath of Office.

*       Validity of the October 2010 Judgment from the US District Court, as a judgment of 'good faith and credit', and the manner that validity of the Judgment was established by the Clerk of the US Court of Appeals prior to opening the dockets for the appeals.

*       Validity of orders by the Court of Appeals, 9th Circuit, which were published in the online docket unsigned.

Dr Zernik's Motion to Intervene, now listed in the docket as pending, [3] challenged the appeals by both Log Cabin Republicans and the USA, since the US District Court Judgment, which was the subject of the appeals, was uncertified.  Dr Zernik asked the US Court of Appeals to dismiss both appeals on that basis.

The Log Cabin Republicans opposed the motion to intervene and the call for the dismissal of the appeals. [4]  Surprisingly, The US Department of Justice, which filed its own appeal in the matter, did not oppose the motion the intervene.

The Clerk of the US District Court, Central District of California, continues all along to refuse to produce a certificate of the October 2010 Judgment, and also continues to refuse to certify the PACER docket of the litigation in the US District Court.

The request, which was filed today with the Clerk of the US Court of Appeals, 9thCircuit, in fact amounts to request for certification of the PACER docket of the appeals, now listed as pending, in Log Cabin Republicans v USA et al.

Human Rights Alert (NGO) has previously identified the offices of the clerks of the US courts as key to conditions that now prevail in the courts and called upon the US Congress and the public at large to perform its duties and initiate corrective actions:

*    Restoring key provisions of the Salary Act of 1919   the clerks of the US courts under the authority of the US Attorney General:
At the time, conditions in the US courts were described in the US Congress as "a burlesque", and the Salary Act was credited as a key measure in restoring the US courts integrity.  It replaced the clerks as checks and balances vis a vis judicial corruption, which was the reason for existence of the clerks since the late middle ages.  By the mid 20th century the clerks were again placed under the authority of the judiciary.

*    Enactment of federal rules for electronic court records:
The evidence shows that the clerks of the courts today do not deem themselves accountable for the integrity of electronic court records of both the case management systems of the courts and the online public access systems.  The systems were implemented over the past two-three decades in both state and federal courts. In the process, a sea change was introduced in court procedures, which had been established for centuries, and were the core of Due Process. However, all courts that were examined, without exception, failed to publish Rules of Courts pertaining to their new electronic procedures, in alleged violation of Due Process rights.  Moreover, all courts that were examined deny public access to various records in the electronic case management systems in alleged violation of First Amendment rights. Therefore, the US Congress should perform its duties and establish the systems by law.  Implicit in such law should be the requirement for publicly and legally accountable validation (certified, functional logic verification) of such systems prior to their implementation.

* The public at large and computing professionals, in particular, must assume their civic duties in ongoing monitoring the integrity of electronic court records.
The common law right to inspect and to copy judicial records was reaffirmed by the US Supreme Court in Nixon v Warner Communications, Inc (1978) as inherent to the First Amendment. In doing so, the US Supreme Court said that the right was necessary for the public "to keep a watchful eye on government". Today, the public must keep a watchful eye particularly on electronic court records. No other measures could substitute for public scrutiny of court records in safeguarding the integrity of the courts and Human Rights in the Digita
l Era.
Notice was given to the US Congress Committees on the Judiciary, Armed Services, and the House Rules Committee. ____
LINKS:
[1]
 11-01-23 Log Cabin Republicans v USA (10-56634, 10-56813): a) Zernik's Request for Statement on the Record by Clerk Molly C Dwyer in re: Dockets of the Appeals, b) copies of the docket, and c) copies of orders (Dkt #05, 52) in the appeals.
 http://www.scribd.com/doc/47400826/ 
[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/
[3] 11-01-08 Press Release: �Don�t Ask Don�t Tell' - Motion to Intervene, Requesting the US Court of Appeals to Dismiss the Appeals from an Uncertified Judgment, was Posted in the Docket, is Now Pending before the Court-s
http://www.scribd.com/doc/46528428/
[4] 11-01-23 Press Release: �Don�t Ask, Don�t Tell� Litigation  reply claims Log Cabin Republicans� opposition to intervention amounted to �hand-waving arguments�.
http://www.scribd.com/doc/47402283/ ________ 

LINKS:[1] 11-01-08 Press Release: �Don�t Ask Don�t Tell' - Motion to Intervene, Requesting the US Court of Appeals to Dismiss the Appeals from an Uncertified Judgment, was Posted in the Docket, is Now Pending before the Court-s
http://www.scribd.com/doc/46528428/ 
[2] 11-01-21 Press Release: Log Cabin Republicans Oppose Challenge to Validity of the Judgment in the �Don�t Ask, Don�t Tell� Litigation
http://www.scribd.com/doc/47323956/ 
[3] 11-01-23 Log Cabin Republicans v USA (10-56634, 10-56813) Zernik�s Reply in Support of Motion to Intervene as filed and served
http://www.scribd.com/doc/47400611/ 
________ 
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. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.
Locations of visitors to this page
http://twitter.com/inproperinla 
http://www.scribd.com/Human_Rights_Alerthttp://human-rights-alert.blogspot.com/

1 comment:

  1. Comments from the LiveLeak site:
    ____
    Quoted comment:
    Quoted comment: It's always funny listening to fake gay-activist idiots using gay insults, calling people gay. Like, log-cabin republican or tea bagger.
    ____
    Maybe if you guys didn't have so many hypocrite closet fags it wouldn't be so funny. Theirs a difference between making fun of someone and taking away their constitutional rights.
    ____
    I find most of the comments above tasteless and irrelevant, and I am surprised that none of the comments addresses the real issue:

    While clamoring for their Civil Rights, attorneys for the Log Cabin Republicans allegedly engaged in serious violation of such rights through alleged Fraud on the Court in the litigation in the US District Court, Central District of California.

    Now, when they are called to task, they provide hand-waving arguments, like "no party invited this individual to intervene".

    Obviously, it would have been more cozy for the Log Cabin Republicans and their attorneys if nobody called them on their conduct. However, not much is left of their claims of deprivation of rights under the circumstances...

    Joseph Zernik, PhD
    Human Rights Alert (NGO)
    Posted very recently by "jz12345" (R)

    ReplyDelete

Please Sign Petition - Free Richard Fine // Por favor, Firme la petición - Liberar a Richard Fine

RICHARD FINE was arrested on March 4, 2009 and is held since then in solitary confinement in Twin Tower Jail in Los Angeles, California, with no records,  conforming with the fundamentals of the law, as the basis for his arrest and jailing.

Richard Fine - 70 year old, former US prosecutor, had shown that judges in Los Angeles County had taken "not permitted" payments (called by media "bribes"). On February 20, 2009, the Governor of California signed "retroactive immunities" (pardons) for all judges in Los Angeles. Less than two weeks later, on March 4, 2009 Richard Fine was arrested in open court, with no warrant. He is held ever since in solitary confinement in Los Angeles, California. No judgment, conviction, or sentencing was ever entered in his case.

Please sign the petition: Free Richard Fine -

http://www.thepetitionsite.com/1/free-fine