BIG COURT FIX Part 1 - Introduction to what you need to know
Sherman H. Skolnick
So suppose you are a plaintiff, repreesenting yourself against a defendant corporation or somewhat important political or other personality. You check the computer-generated Motion Call List taped to the wall outside the courtroom door .
You notice you are among the first cases to be heard that morning. The Judge is not yet on the Bench. The defendant's attorney is at the desk, next to the Bench, whispering to the deputy clerk.
The Judge comes in, gets on the Bench, and your case is among the first clled. The Clerk or the Judge himself, announces that your case will be heard "at the end of the call", which means you have to wait in the courtroom for several h ours, perhaps close up to lunch-time.
Non-lawyers tend to call the other side, "the enemy". So your enemy's attorney goes out in the hallway with his cell phone. You follow him. You start to ask, "You were whispering to the Clerk before the Motion Call started. And when th e Judge got on the bench, my case was pushed to the end. What is going on?"
The enemy's mouthpiece does not respond. So you raise your voice and repeat the question. Suddenly, the deputy Sheriff stationed in the court room (State Court) or deputy U.S. Marshal (federal court) comes out and comes up to you.
"If you don't stop threatening counsel, I am going to have to arrest you." Outraged at being falsely accused, you raise your voice to what in past years was called the Court Bailiff. He barks at you, "Get away from counsel, or I will arrest you."
You reluctantly walk away from the "counsel" and the "bailiff". You begin thinking to yourself, "Hey, what's going on here anyway?"
You go back into the Courtroom and wait. Before the Clerk calls your case. all the other Motions have been heard and the Court has been cleared out .
Suddenly, the Bailiff goes to the courtroom door and locks it. If you are savvy, you look at the Judge's face now. It is not more or less relaxed as you saw his face during the Motion Call. After all, the Judge often hobnobs socially i with some of the same lawyers who were there during the Motion Call. He goes to Judge-Attorney golfing events with them from time to time.The Judge sees many of the same attorneys at Bar Association luncheons and pep-talk meetings, where they pat themse lves on the back for the great system of Justice they are in. You think, it is the wonderfully corrupt Bench and the Bar. And YOU are no part of it.
So now it is just you, your enemy's counsel, the Judge, the Clerk, and the Bailiff. If you have been around the courts before, you know to notice that the Judge's face is now a little red. Although Judge's practice to show no expressio n of which way they are going to rule; yet, when a particularly difficult or clout-heavy case is to be heard, they are still human and sometimes it does show in their face.
The Judge points to you, "What is this all about?" Since you are, as is known n the law trade as a foolish "pro-se-er" (one who represents themselves), that is presumed to be a know-nothing amateur, you do not read fro m your well-prepared typewritten papers. No, instead you start talking off the top of your head. Doing that, you are bound to be "pissing on your own shoes". More experienced sorts would answer, "Judge, what I have to say about my Motion (or Objec tions to THEIR Motion) is in these papers. Here is a copy if you have not seen one yet."
To befuddle you and get you to depart from your papers, the Judge might often state, "No, I do not have time to read your papers. I want you to tell me what this is about."
Now feeling a little stressed, to come up with ideas without referring to your papers, you suddenly blurt out, "Judge, I am a little nervous. Your Bailiff, without a basis , threatened to arrest me in the hallway before."
So now the enemy's counsel speaks up, "Judge, this pro-se-er tends to imagine things. He (or she) does not know what they are claiming in their papers or in the hallway."
Without further formality, the Judge announces, "Plaintiff's Motion is denied" or "Defendant's Motion is granted". And the Judge adds, "Counsel, draw up the Order and the Clerk will stamp it".
Many non-lawyers, being inexperienced in such matters, simply walk out of the Court, not waiting to see what the enemy's counsel puts in the Court Order. Or, the non-lawyer does not raise the question, "Judge, why is this lawyer p ermitted to draw up the Order instead of me? And he is not allowing me to read the Court Order before your Clerk stamps it with your name. Or, your Honor, it is so scribbled up by counsel, I cannot read it."
So, this is how Court Orders, which are supposed to state the truth of what happened, contain instead straight out lies that the Clerk stamps with the Judge's name and date.
This series is based on actual examples, personally observed over a period of well over forty years, by us as court reformers. Follow this series and learn what to watch for to find out about cases where there is the BIG COURT FIX.
SO YOU DON'T KNOW ABOUT CORRUPTION ON THE U.S. SUPREME COURT? Read our extensive series, "Coca-Cola, CIA, and The Courts". www.skolnicksreport.com