Human Rights Alert
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10-07-25
Fine v Baca
(09-A827) – Records of the US Supreme Court
The following Court records are attached herein:1) Online public access system of the Court: Opening page for dockets search2) Online public access system of the Court: Docket in
Fine v Baca
(09-A827)3) Online public access system of the Court: Log -
2009 Term Court Orders
4) Online public access system of the Court:
Order List
- Monday, April 26, 2010.5) Paper Court file of the Court: March 1, 2010 Application – face page, as copied on March 22, 2010.6) Paper Court file of the Court: March 12, 2010 letter by Counsel Bickell, as copied on March 22, 2010.Review of the records, listed above, raised the following concerns:1) Regarding online Docket entry noting a March 12, 2010 Denial of the Application by Justice Kennedy:a)
Local Rules
of the Court
, Rule 22. Applications to Individual Justices
,
states:
4. A Justice denying an application will note the denial thereon.
However, the face page of the Application, copied on March 22, 2010 failed to show any note of the March 12, 2010 denial on the Application.b)
Local Rules
of the Court
, Rule 1. Clerk
,
states:
2. The Clerk maintains the Court’s records and will not permit any of them tobe removed from the Court building except as authorized by the Court. Anydocument filed with the Clerk and made a part of the Court’s records may notthereafter be withdrawn from the official Court files.
However, the March 12, 2010 Counsel Bickell letter was never stamped “FILED” by the Clerk.c)
Local Rules
of the Court
, Rule 22. Applications to Individual Justices
, states:
6. The Clerk will advise all parties concerned, by appropriately speedymeans, of the disposition made of an application.
However, the March 12, 2010 letter was neither by the Clerk nor by an authorized Deputy Clerk,but by Counsel. Moreover, the letter remained unsigned.d) Log of 2009 Term Orders failed to list the March 12, 2010 denial by Justice Kenney.2) RegardingDocket entry noting a April 26, 2010 denial of the Application by the Court:a) Media reported that the Court in fact decided not to review the Application, rather than deny it.b) Order List for April 26, 2010 listed denial by the Court.Therefore, the records as a whole were deemed vague and ambiguous.On July 25, 2010 request was submitted to the Clerk of the Court William Suter by Human Rights Alert(NGO) - to certify the online docket, and provide copy of the docket in the Court’s own casemanagement system in the case.
Digitally signedby Joseph Zernik DN: cn=Joseph