OnlinePetition_William Windson_JosephZernikPhD

Online petition Launched, calling upon the US Congress and US Attorney General to restore the integrity of the United States Lawless America


Joseph Zernik, PhD
Human Rights Alert (NGO)


courts electronic records.

The safeguard of the integrity of court records was for centuries the foundation of due process and fair hearings. The recent disintegration of electronic records in the United States courts undermines any notion of respect for the Human, Constitutional and Civil Rights of the People of the United States, and loyalty of United States judges and clerks to their Oaths of Office.
The United States Congress and United States Attorney General are called upon to perform their duties!

July 8 – William Windsor of Lawless America and Joseph Zernik, PhD, of Human Rights Alert (NGO), have launched an online petition for restoration of the US Constitution and integrity of the US courts. [[i]]

A call for restoration of the integrity of the US courts and the US Constitution

The petition is addressed to the United States Congress and the United States Attorney General. It follows the filing with the United States Congress and the United States Attorney General of similar requests for restoration of the integrity of the electronic record systems of the United States courts, PACER and CM/ECF: [[ii]]
The safeguard of the integrity of court records was for centuries the foundation of due process and fair hearings. The recent disintegration of electronic records in the United States courts undermines any notion of respect for the Human, Constitutional and Civil Rights of the People of the United States, and loyalty of United States judges and clerks to their Oaths of Office.


The United States Congress and United States Attorney General are called upon to perform their duties!

The US is in the midst of a constitutional crisis

As documented in a number of impeachment requests, previously filed with the US Congress, corruption of the US courts is a key cause of the current financial crisis, which is often overlooked.

Corruption of the courts and the US justice system has reached the level of a constitutional crisis, the like of which has not been seen since the Civil War. The People are deprived of life, liberty, and property with no due process of law. [[iii]]

Signatures on the petition are solicited from People worldwide. The petition also offers the opportunity to post comments with the signature.

William Windsor

Lawless America


Joseph Zernik, PhD
Human Rights Alert (NGO)



LINKS
[i] Please sign the petition:
http://www.thepetitionsite.com/19/Restore-the-US-Constitution-Integrity-of-the-US-Courts/

Restore the US Constitution - Restore Integrity of the US Courts!

We the undersigned call upon the United States Congress and the United States Attorney General to perform their duties, restore the Constitution of the United States and restore the integrity of the United States courts, through corrective actions pertaining to the invalid electronic record systems of the courts - PACER and CM/ECF.

The US is in the midst of a constitutional crisis

As documented in a number of impeachment requests, previously filed with the US Congress, corruption of the US courts is a key cause of the current financial crisis, which is often overlooked.

Corruption of the courts and the US justice system has reached the level of a constitutional crisis, the like of which has not been seen since the Civil War. The People are deprived of life, liberty, and property with no due process of law.

The electronic record systems of the US courts undermine the rule of law.

The Administrative Office of the US Courts implemented with no public oversight invalid public access (PACER) and case management (CM/ECF) systems in the US courts, which undermine the integrity of US court records, and with it - integrity of the courts themselves.

The systems enable the routine conduct of simulated litigation in cases before the US courts:
· No valid summonses are issued, docketed, or executed;
· Judges appear with no valid assignment orders;
· Attorneys appear, who are not authorized by any party, and
· Minutes, orders, and judgments are published online, which are deemed by the US courts themselves as void.

The key deficiency identified in the systems pertain to:

· Invalid electronic authentication records, which are hidden from public access in apparent violation of First Amendment and Due Process rights, [[iv]] and
· Failure to publish valid Rules of Courts or establish the new court procedure in the law.

Conditions, which now prevail in the US courts, are routinely employed to undermine the rule of law, to benefit financial institutions, large corporations, and government officials, and to effectively deny individuals access to the courts to protect their rights. [v]

Proposed corrective measures

The requests offered specific corrective measure, including:
· Restoring the integrity of the offices of the clerks of the US courts;
· Enactment of federal rules of electronic court records, and
· Ongoing monitoring of the courts%u2019 electronic record systems by the People and computing professionals

The safeguard of the integrity of court records was for centuries the foundation of due process and fair hearings. The recent disintegration of electronic records in the United States courts undermines any notion of respect for the Human, Constitutional and Civil Rights of the People of the United States, and loyalty of United States judges and clerks to their Oaths of Office.
The United States Congress and United States Attorney General are called upon to perform their duties!

[ii] 11-07-08 Request filed with the US Congress to restore the integrity of the electronic public access and case management systems of the US courts
http://www.scribd.com/doc/59525905/
11-07-08 Request filed with US Attorney General Eric Holder for Review of Integrity of Public Access and Case Management Systems of the US Courts
http://www.scribd.com/doc/59480718/
[iii] 11-06-14 Corruption of the Courts and Failing Banking Regulation in the United States: Dred Scott redux?
http://www.scribd.com/doc/57707808/
11-06-24 Time Magazine - 4th of July Issue: Does the Constitution Still Matter?
http://www.scribd.com/doc/58665806/
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USAG_EricHolder_JosephZernik_must investigateECF/CM_

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Joseph Zernik DMD PhD

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Joseph Zernik DMD PhD. 2415 Saint George St, Los Feliz CA 90027 Fax: (801) 998- 0917 Email: jz12345@earthlink.net. Digitally signed by Joseph Zernik ...
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Tuesday, June 7, 2011

Eric Holder, US Attorney General is requested to investigate the integrity, or lack thereof, of the electronic public access and case management systems of the US courts by the US Attorney General - draft published for suggestions, comments

Comments, suggestions are solicited regarding request for investigation of the integrity, or lack thereof, of the electronic public access and case management systems of the US courts by the US Attorney General Eric Holder

The electronic records systems of the courts affected a sea change in court procedures, but were never established by law or by rules of courts. Numerous deficiencies were identified in the systems, which undermine the rights of the People and Banking Regulation. US Attorney General is asked to initiate review and investigation. Unless integrity of the US courts is addressed, civil society and socio-economic development conditions are unlikely to improve.

Eric Holder,
US Attorney General

Los Angeles, June 2 – Joseph Zernik, PhD, and Human Rights Alert (NGO), has published a draft request for review and investigation of the integrity, or lack thereof, of the electronic public access and case management systems of the US courts by the US Attorney General Eric Holder. [[i]] The draft is circulated as a request for comments and suggestions prior to its submission to the US Attorney General.

The request notes that numerous deficiencies were identified in the electronic record systems of the US courts, to the degree that such systems seriously undermine the Human, Constitutional, and Civil Rights of the people, Banking Regulation, and the Rule of Law.

The request claims that the systems particularly harm pro se filers, who seek remedy for alleged abuse of their rights in the US courts, [[ii]] and that attempts to seek remedy such conditions through the US courts themselves were unsuccessful. [[iii],[iv]]

Conditions, which now prevail in the US courts, stand in stark contrast with the laws enacted by the US Congress, presidential directives, and regulations pertaining to the validation and authentication of records systems in the Executive Branch.

The request notes that thorough review of the records systems would be a lengthy process, and implementation of the necessary corrective measures even longer. However, timely response is requested, at least regarding intent, if any, by the US Attorney General to address the matter.

The writer, Joseph Zernik, PhD, has gained substantial experience in recent years in analysis of large government and corporate record keeping systems
The writer has gained substantial experience in analysis of large record keeping systems: [[v]]

• His opinions in such matters were reviewed and adopted by the United Nations official Staff Report, as part of 2010 UPR (Universal Periodic Review) of Human Rights in the United States.


• His opinions in such matters were supported by law enforcement and computer science experts.


• Papers he authored on the subject were peer-reviewed and published in an international computer science journal with an Editorial Board listing scholars from six European nations and Canada.


• His opinions in such matters were selected for presentation in international computer science and criminology conferences.

The Administrative Office of the US Courts has implemented invalid public access (PACER) and case management (CM/ECF) systems in the US courts, which undermine the integrity of US court records.
The request detailed numerous deficiencies in the electronic records systems of the US courts. Furthermore, implementation of the electronic records systems amounted to a sea change in court procedures. The US courts failed to publish valid Rules of Courts, to establish the new court procedures, deemed effective by the US Courts following the implementation of the systems.

The core deficiency of the systems is in enabling the publication of simulated PACER dockets, and simulated court orders and judgments, which the clerks of the US courts refuse to certify. [[vi]]

Implementation of PACER and CM/ECF effectively established two separate and unequal classes in access to the courts and to court records, thereby allegedly discriminating against pro se filers and the public at large.
Pro se filers (non-attorneys) are routinely denied access to electronic filing and to court records through implementation of the systems. Therefore, the request claims that the systems undermine their Human, Constitutional, and Civil Rights.

The electronic public access and case management systems of the US Supreme Court undermine the foundation of the Rule of Law.
The request notes similar deficiencies also in the electronic systems of the US Supreme Court. [[vii]]

Conditions, which were established through implementation of the electronic records system, undermined the integrity of the US courts in both Human, Constitutional and Civil Rights and Banking Regulation matters.
The request claims that restoration of integrity of the electronic records systems is essential not only for the protection of rights of the People, but also for restoring the integrity of US Banking Regulation. [[viii], [ix]] It claims that conduct of the courts is a key factor in the current financial crisis, which is often overlooked.
Unless the issues are addressed, it is unlikely that US Banking Regulation will be restored.

Therefore, it is claimed that addressing these issues is essential for restoring both civil society and socio-economic development.

Proposed corrective measures
The request also proposes corrective measures:

• Restoring the integrity of the offices of the clerks of the US courts:

It is claimed that conditions that today prevail in the US courts are similar to those that prevailed in the early 20^th century, and that both then and now, such conditions are central cause of the socio-economic crises. The Salary Act (1919), which placed the clerks of the US courts under the authority of the US Attorney General was credited with restoring the integrity of the offices of clerks of the US courts a century ago. [[x]]

• Enactment of federal rules of electronic court records:

As part of the transition to electronic administration of government, the US Congress passed the E-Government Act (2002) and the E-Sign Act (2000). The US Department of Homeland Security Presidential Directive-12 (2004) further established policies for validation and authentication of electronic systems and electronic records of the Executive Branch agencies. Standards were accordingly promulgated and applications were implemented. In contrast, the records systems, implemented by the US courts, were not covered by such laws and regulations.

• The People, and computing professionals in particular, should exercise their civic duties in ongoing monitoring of 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 stated that the right was necessary for the People "to keep a watchful eye on government".
Once public access to electronic court records is restored, the People must keep a watchful eye on electronic court records. No other measure could substitute for scrutiny of court records by the People in safeguarding the integrity of the courts and Human Rights in the Digital Era.

The request will be copied to Senator Patrick Leahy, Chair of the Senate Judiciary Committee and Senator Dianne Feinstein.
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Joseph Zernik, PhD
Human Rights Alert (NGO)
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LINKS:
[i] 11-06-02 DRAFT Request for US Attorney General Eric Holder's Review of Integrity of Public Access and Case Management Systems of the US Courts
http://www.scribd.com/doc/56893149/
[ii] May 30, 2011 PRESS RELEASE: Judge Richard Leon, US District Court, DC - “master of the“ Leave toe to file denied”
http://www.scribd.com/doc/56612919/
[iii] The core claims regarding critical deficiencies in PACER and CM/ECF were detailed in the Motion to Intervene under Log Cabin Republicans v USA et al in the US Court of Appeals, 9^th Circuit, and the Court was asked to initiate corrective actions, regardless of the Intervention in the individual case as well. The Motion to Intervene was denied, and there is no evidence of the initiation of any corrective actions:
January 7, 2011 Log Cabin Republicans v USA et al (10-56634) at the US Court of Appeals, 9th Circuit - Motion to Intervene and Concomitantly Filed Papers as published in the online PACER dockets
http://www.scribd.com/doc/46516034/
[iv] The core claims regarding deficiencies in PACER and CM/ECF, and also regarding records management in the US Supreme Court were detailed in the Motion to Intervene under Fine v Sheriff in the US Supreme Court. The papers, duly filed in the US Supreme Court were “returned” by unauthorized Supreme Court employee, Court Counsel Danny Bickell:
April 20, 2010 Motion to Intervene and related papers in Fine v Sheriff (09-A827) at the US Supreme Court
i) 10-04-20 Fine v Sheriff (09-A827) Face pages of five filings by Dr Joseph Zernik with stamps showing receipt by the US Supreme Court
http://www.scribd.com/doc/30304657/
ii) 10-04-20 Fine v Sheriff (09-A827) 1 Amended Motion to Intervene
http://www.scribd.com/doc/30161573/
iii) 10-04-20 Fine v Sheriff (09-A827) 2 Amended Request for Lenience by Pro Se Filer
http://www.scribd.com/doc/30161636/
iv) 10-04-20 Fine v Sheriff (09-A827) 3 Amended Request for Corrections in US Supreme Court Records
http://www.scribd.com/doc/30162109/
v) 10-04-20 Fine v Sheriff (09-A827) 4 Amended Request for Incorporation by Reference
http://www.scribd.com/doc/30162144/
vi) 10-04-20 Fine v Sheriff (09-A827) 5 Amended Appendices
http://www.scribd.com/doc/34050423/
[v] 11-05-08 Joseph Zernik,PhD, Biographical Sketch
http://www.scribd.com/doc/46421113/
[vi] Simulated Litigation, Simulated Minutes, Orders, Judgments, Dockets are used here in the sense established in the Texas Criminal Code:
Texas Penal Code
§ 32.48. SIMULATING LEGAL PROCESS.
(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:
(1) induce payment of a claim from another person; or
(2) cause another to:
(A) submit to the putative authority of the document; or
(B) take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
(b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.
[vii] Regarding the public access and case management systems of the US Supreme Court, see:
a) 11-05-23 PRESS RELEASE: Citizens United v Federal Election Commission in the US District Court, DC invalid court records in a Simulated Litigation
http://www.scribd.com/doc/56106686/
b) 11-05-24 RE Citizens United v Federal Election Commission (FEC) - Request for Policy Statement by FEC s
http://www.scribd.com/doc/56145482/
c) 11-01-25 Request for Impeachment of US Supreme Court Clerk WILLIAM SUTER s
http://www.scribd.com/doc/47539382/
d) 10-07-01 Complaint against US Supreme Court Counsel Danny Bickell for Alleged Public Corruption and Deprivation of Rights
http://www.scribd.com/doc/33772313/
[viii] Regarding the effects of the electronic records systems of the US courts on Banking Regulation, see [I,iii,vii], above.
[ix] Regarding the effects of the electronic systems of the US courts on Banking Regulation, see also:
1-02-05 Request No 2 for Impeachment of Judge JED RAKOFF Clerk RUBY KRAJICK, US District Court, Southern District of New York, in Re Conduct of Lindner v Amex (1:10-cv-02228)
http://www.scribd.com/doc/48244479/
[x] Messinger, I Scott: Order in The Court - History of Clerks of United States Courts, Federal Judicial Center (2002)
http://www.scribd.com/doc/34819774/

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.
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