We had a server outage, and we're rebuilding the site. Some of the site features won't work. Thank you for your patience.
imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
latest news
best of news




A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List


IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

Duties and Responsibilities of the Clerks are Key to Integrity Failure of the US Courts

by Joseph Zernik, PhD, Human Rights Alert (NGO) Friday, Nov. 19, 2010 at 3:46 PM
jz12345@earthlink.net PO Box 526

US Congress is called upon to take action to restore the integrity of the US Courts, through placing the Clerks under authority of the US Attorney General and enacting federal rules of PACER and CM/ECF.

Nov 18, 2010 – 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).
[1] Three publication of the Federal Judicial Center
[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)
10-10-30 Zernik, J: Case Management and Online Public Access Systems of the Courts in the United States - A Call for Action - pending
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
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
10-11-11 Table 1: US District Courts: PACER and CM/ECF - Public Access to Calendars, Survey of over 20 district courts
10-11-11 Table 2: US District Courts PACER and CM/ECF: Public Access to Calendars - Survey of Individual Cases in 5 District Courts
Report this post as:
Share on: Twitter, Facebook, Google+

add your comments

© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy