Federal Judges are appointed by the U.S. president.
They must uphold a Code of Conduct.
A Court Order is not valid unless it is signed by a Judge.
A handwritten signatures verifiable evidencethaet a particular person authorised a particular document. A "stamp" of a person's name does not qualify as a "signature".
Notarised signatures guarantee the signature is the person they say they are, and the notary is an official witness.
"To be valid court orders must be signed by a Judge. Authority for these requirements is 5 U.S.C. 552(a)(b)(11), as interrupted by Doe vs. DiGenova, 779 F.2d 74 (D.C. Cir.1985), and Stiles vs. Atlanta Gas and Light Company, 453,and F.Supp.798 (N.D..Ga.1978)", as stated on government website at National Archives website for Court Order Requirements.
https://www.archives.gov/personnel-records-center/court-order
Most people do not know that handwritten documents are physical evidence as ruled by the Supreme Court at the dept. of Justice's article, "Constitutional law-Handwriting Exemplars and their Admissibility into Evidence in Criminal Trials" Volume 40, Issue 1, dated Autumn 1971, pages 51-65. Read more CLICK>HERE.
Since this applies to criminal Court, it also applies to Civil Court under Equal Protection of the Laws.
Many litigants prefer handwriting documents to the Court since it is evidence. Some litigants do it to avoid fighting the Court over "Local Court Rules" that infringe upon 1st Amendment right to free speech because they restrict page numbers, double spacing, font style and font siz, etc... which actually makes those Rules void since it violates Article III of the Constitution.
Further, the Courts have made "Local Rules for themselves, and did it without the approval of Congress; not to be confused with the Federal Rules of Ciivl procedure that Congress did approve. These "Local Rules are in addition to that. This leads to the rhetorical question of : why was a second set of Rules needed ?
Still further, those "Local Rules" penalise computer or typewritten documents users or handwriting document users of the Court because typewritten & computer produced documents requires users to restrict their speech with limited speech with page number limits, and by telling them how to speak with font style, etc... So, in addition to being a violation of free speech, it is also a violation of Equal protection of the Law.
A Rule is not a Law. The Federal Rules of Civil Procedure were approved by Congress and they are not Laws.
However, any separate "Local Rules" that the Courts have made for themselves are not legally valid and binding. Further, they violate our 1st Amendment rights and more ...
The Supreme Court approached Congresss to make Rules for Court. At first Congress said no, but later allowed the Federal Rules of Civil Procedure.
However, any Local Court Rules are not approved by Congress. Therefore, the Courts made Rules for themselves when laws and Rules belong to the People not the government under the 9th Amendment and others,
One example is when Judge Seabright, a Judge in the U.S. District Court of District of Hawaii, signed the "Local Rules" in 2019 that violated the proper authorities and Procedures for Congressional approval.
AND
These "Local Rules" include violations of our 1st Amendment rights when they include Rules that restrict and infringe upon my free speech. Things like page limits, font size, font style, double spacing, etc... That is telling me how to to talk and limiting my speech. It prevents all the facts from being submitted too. It is UnConstitutional and VOID. And the Court will file any document you submit.
It is unlawful for Court Clerks to act As Judges and perform the duties of a Judge, such as grant a Court Order of any kind. Court Orders are serious whether they are for a traffic citation or a death sentence.
This is why Judges and Clerks have separate legal definitions, oaths, duties and responsibilities, etc...
Article III to the Constitution authorises Judges as being in an esteemed position of trust, and is one of the highest held representatives of government in the U.S.
According to Wex legal dictionary :
Judges are defined an appointed or elected official who decides legal disputes, are required to be impartial, hear cases based on facts, ensure fair opportunity for parties to present facts and evidence,, shape and interrupt Law, and manage Court proceedings. They have the power to punish criminals, issue death sentences,, impose fines,, determine Constitutionality of Law.
Clerks are defined as a person who maintains or creates records and is a lesser official that plays a support role to attorneys or Judges.
Clerks are often young law students or young attorneys. No one wants brain surgery from the receptionist.
Under 28 U.S.C.§ 453 Judges are sworn to administer justice; AND
under 28 U.S.C. § 951 Clerks swear to truthfully and faithfully record court proceedings.
Nowhere in the U.S. Constitution does it allow for a Clerk to "buffer", filter, interpret, monopolise, intercept, mediate, etc... between a party and the Judge.
Nowhere in the Constitution or Laws of the U.S. could we find where it is allowed for Clerks to be authorised to "stamp" or "sign" Court Orders, and/ or grant or deny "Motions", "Petitions" (which are two different things); or to perform the duties of a Judge; or "buffer" between parties and the Judge, as wrongfully and UnConstitutionally stated by the American Bar Association July 1, 2022 in an article titled, "Judicial Ethics and Law Clerks".
Let us examine the term "buffer". We could find no legal definition of the word but the merriam-webster dictionary defines it as "...something that serves as a protective barrier..." or "mediator".
This ""filtering","buffering","barrier" is essentially is wrongful a monopoly on information; which is a position to be easily abused without a Judge ever knowing.
A barrier can omit info., twist and alter facts, exercise bias, etc... and violates my rights to to free speech since the Clerk is unlawfully speaking for me without my permission to the Judge.
People have the right to speak to the Judge directly.
Buffering can cause a Judge not get the whole full development of the facts, truth and information which could result in harmful errors that can adversely affect the outcome of a case.
There has been a trend by Courts to rule without hearings.
Our right to be heard lies in the 14th Amendment, along with our rights to present and confront witnesses, to present documentary evidence and to due process.
Due process is important and you read more about CLICK > HERE
Let us examine the term "heard". We could not find a legal definition, but the merriam-webster dictionary defines it as "...sound received by the ears."
Therefore, any reasonable person would conclude that having the right to be "heard" means we have a right for "sound" to be received by the Court's "ears"; AND ruling cases without a hearing would appear to violate our rights to be heard due to the Court did not receive sound with its' ears (via Judges).
If "sound" is not received by the ears", then there was no right to be heard upheld by the Court that is the very arena that is supposed to uphold our Constitutional rights.
This is a breakdown in the judicial system and public trust threatening democracy itself when the arena to uphold democracy has corrupted itself; such as not allowing development of facts, due process, and/or hearings before dismissing cases.
Any and All documents, whether they are Bills, Laws, Rules, Procedures, Policies, Practices, etc...
The U.S. Constitution is superior to all other Laws, as stated in Article III.S1.3 Marbury vs. Madison and Judicial Review State Legislature Acts that ruled any Laws that violate the Constitution are void and reviewable by a Federal Court. Read more CLICK> HERE.
If the unConstitutional Bill, Law, Rules, etc.. is brought to the government's attention and they refuse to correct it, then Citizens must correct it through due process of Court. It is our duty under the Declaration of Independence.
How does evil thrive ?
When good people do nothing !
When we polled people about the Supreme Court, they seem to be under the impression that the SupremeCourt is the last stop on the judicial system tier. The Court of Appeals Ninth Circuit handbook references this.
However, this misleading because the Supreme Court only hears a few cases per year.
Here is what the government says about the Supreme Court, CLICK > HERE
Alarmingly, the Supreme Court allows unlawful "buffering" by Clerks that paraphrase (alter the words, facts, truth of the parties, omit facts, interpret, misinterpret, etc...) each case for the Judge. They state this is procedure on the government website, CLICK > HERE.
AND is infringing upon a laundry list of my Constitutional rights.
This means Judges are deciding on which cases to be heard through a Clerk, a novice to the Law, whom does not have the proper experience, knowledge, authorities and powers to speak for me without my consent in addition to "buffering" controversies.
In light of this information it would appear to any reasonable person that the U.S. Court of Appeals is really the last stop for a case; unless it is dismissed without prejudice to be re-filed; which is waste of Court time and money violations Federal Rules of Civil Procedure Rule 1 to be efficient and cost effective.
All of these issues deteriorates public trust and a breakdown of our systems that are supposed to protect and guarantee our rights, life, liberty, property, effects, papers and happiness.
The Wex legal dictionary defines "Misconduct is wrongful or unlawful behavior. In criminal law, misconduct often refers to official misconduct ..."
Misconduct includes lying, deception, misrepresentation, etc... Read more see Exhibit #44 of Bill 82 Injunction CLICK>>>HERE
AND misconduct voids government qualified and other immunities.
Immunity controversies are required to be litigated.
Immunity controversies include the government mad a Law to protect itself from the People is a violation of the Constitution since the Laws belong to the people and not the government under the 9th Amendment.
Further, immunities from prosecution, or being scrutinised, and/or being held accountable give government officials the false impression they are untouchable.
This contradicts the Constitution and Thomas Jefferson when he said, "Equal rights for All, Privileges for none".
Therefore, ANY immunities or Laws to prevent punishment of wrongdoing by anyone is unAmerican; and are void.
Still further, government officials treat immunities as impunites; which results in a feeding ground for corruption since they feel immune and free to do as they please. It means making their sworn oaths, duties, requirements, etc.. go out the window along with fair and honest services and the Constitution.
Even if immunities were Constitutional, misconduct would dissolves them; especially for criminal conduct and deprivation of rights.
Whenever someone forces you to do something against your will, it could fall under the definition of violating the 13th Amendment.
Litigants that file and receive Court documents electronically have an unfair advantage to litigants that use the United States Postal Services.
Parties using the USPS have time delays that electronic filers do not suffer. This is not equal protection of the law and violates the 14th Amendment to the Constitution.
Motions and Petitions are different.
They are both used to request something from the Court.
Motions can linger and Petitions require a time frame for respondents to answer.
The 1st, 4th, 5th, 9th and 14th Amendments to the Constitution guarantee our rights to due process.
This includes the Courts allowing litigants to develop facts. Currently there has been a trend to dismiss cases without this right being observed. When this happens there is a case Law that addresses this, U.S. vs. His 658 F2d, 526, 536 7th Circuit 1981 can be cited as the requirement for the development of facts.
Any reasonable person would conclude that no ruling could be made by a Judge on any Complaint, Motion, Petition, or other documents unless facts are developed and fairly considered to make a just ruling and anything less could be construed as obstruction of justice; a violation of U.S.C. § 1985.
The facts are evidence, and used by Judges as a part of their consideration in the decision making process.
Evidence for deciding the outcome of a Court decision is divided into two categories :
1. "Preponderance of the evidence" -
Wex legal dictionary defines it as," is one type of evidentiary standard used in a burden of proof analysis. Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true. This is the burden of proof in a civil trial."
2. "clear and convincing evidence"
Wex legal dictionary defines it as , "is a medium level burden of proof which must be met for certain convictions/judgments. This standard is a more rigorous to meet than preponderance of the evidence standard, but less rigorous standard to meet than proving evidence beyond a reasonable doubt. The clear and convincing evidence standard is employed in both civil and criminal trials.
According to the Supreme Court in Colorado v. New Mexico, 467 U.S. 310 (1984), "clear and convincing” means that the evidence is highly and substantially more likely to be true than untrue. In other words, the fact finder must be convinced that the contention is highly probable."
Hawaii Full Disclosure
Copyright © 2024 Hawaii Full Disclosure - All Rights Reserved.
Powered by GoDaddy