Under CM/ECF, unauthorized court employees as well at attorneys, routinely enter records and docket notations bypassing the authority of the Clerk of the Court.
g) Discrimination in access to the courts
Practically in all US district courts that were examined, only attorneys are permitted access to CM/ECF. Therefore, pro se filers and the public at large are denied access to NEFs/NDAs and cannot distinguish between valid and void court records in the PACER dockets. Service on attorneys is by email, on pro se filers - by paper mail.
h) Appearance of attorneys, who are not authorized as Counsel of Record
Memorandum Opinion of US Judge Jeff Bohm in the Case of Borrower Parsley (section C2e) documents that appearance of unauthorized attorneys with "no communications with clients clause", has become a routine fraud method of Countrywide Financial Corporation in courts across the United States. Similar fraud was perpetrated by attorneys for California judges in Fine v Sheriff and Zernik v Connor et al, USDC CACD (sections C2a, C2f, respectively).
h) Universal failure to docket summonses
The issuance of valid summonses, their execution, and their docketing, prescribed by law, is critical for commencing valid litigation and the safeguard of integrity of the courts. Review of the US courts from coast to coast shows universal, inexplicable failure to docket summonses in the PACER dockets. In parallel, in numerous cases invalid summonses have been discovered, including cases of high public policy significance, such as SEC v Bank of America Corporation, USDC NYSD - key litigation under the financial crisis (section C2h).
i) Adulterated and missing of court records
In numerous cases, key records are unlawfully deleted from the PACER dockets of the US courts. Commencing record (Petition) in Fine v Sheriff USDC CACD was adulterated. Decision in the Habeas Corpus petition of Guantanamo Bay detainee was adulterated. Judgment record in Citizens United v FEC is missing. Missing and adulterated court records a cardinal sign of judicial corruption.
From top: a)
Summons
in SEC
v Bank of America Corporation, USDC
NYSD.
The summons was not docketed. It was discovered through a Freedom of
Information request. The summons is unsigned, and fails to bear the
seal of the court. It documents collusion from the very start by SEC, Bank of America and the US court in the conduct simulated litigation in a high visibility
case, related to banking supervision. b) False Judgment record in
Citizens
United v FEC,
SCOTUS. It is a notice from the SCOTUS clerk regarding attorneys
fees. The Judgment record is missing.
j) PACER and CM/ECF - inter-court survey
Inexplicable differences were found among the IT systems of the various US district courts. PACER, the common platform, was implemented with various modifications in the various US courts and courts of appeals. Nevertheless, the common theme is clear: Each and every US court implemented and operates its local IT systems in a manner that would enable it to generate and publish online judicial and clerical records, as well as case dockets, which are not deemed valid and effectual, pursuant to the US law, or by the respective court, but would appear as valid and effectual records to the public at large.
k) IT system of the US Supreme Court
The Supreme Court's IT systems (name unknown) undermine the foundation of the Rule of Law: The systems enable the publication of dockets, journals, decisions, and judgments by persons of unknown authority. The data, found in the Journals, Dockets, and Decisions is inherently inconsistent and contradictory.
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