William Canby, Jr and Edward Leavy, 9th Circuit Judges
Don't Ask Don't Tell - Clerk Molly Dwyer of the US Court of Appeals, 9th Circuit, is requested to perform notice and service of signed and certified court orders
"Conduct of an appeal in a matter of high public policy significance, in one of the highest courts of the land, with no valid court records is a perfect reflection of condition of the US justice system today..."
Los Angeles, March 2 in his Motion to Intervene, [i,ii] Dr Joseph Zernik of Human Rights Alert (NGO) challenged the validity of the US District Court's October 2010 Judgment in Log Cabin Republicans v USA. The case pertains to the disputed US Armed Services policy of 'Don't Ask, Don't Tell'.
Dr Zernik informed the Court of Appeals that the records of the litigation in the US District Court were invalid court records:
- The October 2010 Judgment is uncertified; absent such certification, the US Court of Appeals should have refused to initiate the appeal.
- The Clerk of the US District Court refuses to provide a copy of the Certificate, in apparent violation of First Amendment right to access court records to inspect and to copy.
- The Clerk of the US District Court also refuses to certify the docket of the case.
- In 2004 Judge Schiavelli issued a judgment in the case, in favor of the United States. The judgment was listed in the docket as "entered", and was listed in the Judgment Index of the Court. Consequently, the case was deemed "closed" by court staff. The 2004 Judge Schiavelli Judgment was never overturned through an appeal, or any other judicial proceedings.
- In 2010 Judge Phillips appeared in the case, with no assignment order, and issued the opposing judgment, in favor of the Log Cabin Republicans. The 2010 judgment was again listed in the docket as "entered", but was not listed in the Judgment Index of the Court.
In response to the Motion to Intervene, Clerk Dwyer sent to Dr Zernik a February 9, 2011 notice of decision by Circuit Judges Canby and Leavy denying the motion to intervene. [iii] However, the order was not signed by the Circuit Judges, and was not certified by the Clerk of the Court. Unsigned and uncertified court paper could not possibly be a valid court order.
Now Dr Zernik requests that Clerk Dwyer perform her duties, and serve on him a signed and certified copy of the February 9, 2011 Order by Circuit Judges Canby and Leavy. [iv] Notice and service of valid court orders is central to Due Process and Civil Rights.
"Conduct of an appeal in a high public policy matter, with the US Department of Justice as a party, in one of the highest courts of the land, with no valid court records is a perfect reflection of the condition of the US justice system today," said Dr Zernik.
[i] 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
[ii] Press Release: 'Don't Ask, Don't Tell' Clerk Dwyer of the US Court of Appeals, 9th Circuit, was asked to verify integrity of the dockets.
[iii] 11-01-28,11-02-09 Log Cabin Republicans v USA et al (10-56634,10-56813) in the US Court of Appeals, 9th Circuit, Orders as Served by the Clerk of the Court
[iv] 11-03-02 Log Cabin Republicans v USA et al (10-56634,10-56813) in the US Court of Appeals, 9th Circuit Request for Due Process Notice and Service by Clerk Molly C Dwyer
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.
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)
* "...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
* "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)
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
* "...corruption of the courts and the legal profession and discrimination by law enforcement in California."
United Nations Human Rights Council Staff Report (2010)
WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS 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
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?
* "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others."
More than 100 law professors, as reported by the Blog of the Legal Times (February 2011)