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application of digital signatures in relationship judicial verification and ministerial attestation (here denotingcertification/authentication of court records by the clerk of the court). It is therefore also possible or evenlikely that the best opinions would be the product of collaborative efforts by two experts representing each of the respective fields.The requester, Dr Joseph Zernik, had no formal education in law, or law enforcement, and only minimalformal education in computer science. However, the requester investigated the matter and produced a novelworking model which was supported by evidence, and provided coherent explanations for the conduct of thecourt, which otherwise was incomprehensible.
B. Relevant Legal Fields and Authorities
The relevant aspects of the law pertain to:
The requirements for verification by judges of court orders and judgments as a prerequisite for entry of such court records as honest, valid, and effectual court ordersand judgments.
Such requirements originated in common law which was shared by the US and British legal systems. In theUS such requirement originated in the US Constitution,
and respective Acts of US Congress.
The claim is that following introduction of computerized case management and public access systems, UScourts have ambiguated the nature of valid verification by judge(s), and have been posting court orders and judgments that were not verified by judges as valid and effectual court records, but were falsely represented inpublic access systems as such.
The requirements for review and certification by a clerk of papers filed by theadversarial parties in any given case
The role of the clerks as a check and balance to safeguard the integrity of the courts emerged over hundreds of years. The clerks had the authority to hold the seal of the court and certify and authenticate court orders and judgments, and control their entry into particular court file as valid and effectual court records.The claim is that that following introduction of computerized case management and public access systems, theUS courts have ambiguated the nature of certification/authentication by the clerk. Under the current system,attorneys who were authorized by the courts were permitted to file papers on behalf of adversarial parties withno review or certification by the clerk of the court prior to entry of such papers into court files.
The requirement for certification/authentication of orders and judgments as a prerequisite for entry of such court records as honest, valid, and effectual court ordersand judgments.
The claim is that under the current system, the courts have engaged in posting court orders and judgments thatwere not certified/authenticated by the clerks as valid and effectual court records, but were falsely representedin public access systems as such, based on false dockets posted in the public access systems.
Procedures for establishing valid and effectual Local Rules of Court.
The legal foundation for issues related to judicial verification and ministerial attestation are reviewed, and the citationsprovided in the attached short review:
NEFs (Notices of Electronic Filings) of the US Courts.
Rule Making Enabling Act:http://inproperinla.com/00-00-00-law-us-rule-making-enabling-act-s.pdf http://inproperinla.com/00-00-00-law-us-rule-making-enabling-act-review.pdf