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10-12-07 Request for investigation, impeachment proceedings where appropriate, in re:TERRY NAFISI – Clerk of the Court, US District Court, Central District of California
December 7, 2010The Honorable John Conyers, Jr,
Chair
US House Committee on the Judiciary2426 Rayburn HOBWashington, DC 20515Fax: 202-225-0072The Honorable Patrick Leahy,
Chair
US Senate Committee on the Judiciary433 Russell Office BuildingWashington DC 20510Fax: 202-224-3479The Honorable Louise McIntosh Slaughter,
Chair
US House Committee on Rules2469 Rayburn HOBWashington, DC 20515Fax: 202-225-7822
By certified mail, by fax, and email
Dear Congressman Conyers, Senator Leahy, and Congresswoman McIntosh Slaughter:Please accept instant notice as a request for initiating investigation and where appropriate - impeachmentproceedings, pursuant to Section 4 of Article Two of the United States Constitution, against
TERRY NAFISI– Clerk of the Court, US District Court, Central District of California
The conduct of Clerk TERRY NAFISI is alleged as
violation of her Oath of Office, including, but notlimited to: denial of access to the courts, deprivation of rights under the color of law, and/or misprision of felonies; therefore -
impeachable offences
.The cases should be considered of the highest public policy significance, because of the nature of underlyingmatters:
1.
Log Cabin Republicans v United States of America et al
(2:04-cv-08425) []
It is alleged that Clerk TERRY NAFISI colluded with Judges GEORGE SCHIAVELLI andVIRGINIA PHILLIPS JOHN WALTER and Magistrate
CHARLES EICK
in the conduct of pretenselitigation, which undermined the rights of all gay persons, who serve in the armed forces of the UnitedStates.
2.
Fine v Sheriff
(2:09-cv-01914) [,,,]It is alleged that Clerk TERRY NAFISI colluded with Judge JOHN WALTER and MagistrateCARLA WOEHRLE in the conduct of pretense litigation, intended to cover-up criminality by JudgeDAVID YAFFE of the Superior Court of California, County of Los Angeles and Sheriff LEROY
Digitally signedby Joseph Zernik DN: cn=Joseph
Zernik, o, ou,email=jz12345@earthlink.net, c=USDate: 2010.12.0710:24:52 +02'00'
Page 2/5 December 7, 2010
BACA, County of Los Angeles, pertaining to alleged false imprisonment of former US prosecutorRichard Fine with no valid arrest and/or booking records.3.
Zernik v Connor et al
(2:08-cv-01550) [
,
,
]It is alleged that Clerk TERRY NAFISI colluded with Judge VIRGINIA PHILLIPS, and MagistrateCARLA WOEHRLE in the conduct of pretense litigation under
Zernik v Connor et al
, intended tocover-up criminality by BANK OF AMERICA CORPORATION (and COUNTRYWIDEFINANICIAL CORPORATION) and its most senior officers, and also alleged criminality by Judgesof the Superior Court of California, County of Los Angeles, all named Defendants in the caption.Therefore, conduct of Clerk TERRY NAFISI undermines the Human, Constitutional, and Civil rights of allwho come to the US District Court, Central District of California for protection of rights. Furthermore,conduct of Clerk NAFISI undermines Banking Regulation in the United States. It should be noted that theCentral District of California is one of the most populous in the United States.The conduct of Clerk TERRY NAFISI also reflects structural deficiencies in the integrity of the United Statescourts:1. Lack of accountability of the Clerks of the Courts for the integrity of the electronic court records.Conditions, which now prevail in the US courts, enable the publication of false and deliberatelymisleading PACER dockets and false and deliberately misleading minutes, orders, and judgments.2. Lack of validity and integrity of PACER and CM/ECF as electronic court administration systems.The systems enable the publication of dockets, minutes, orders, and judgments in a manner thatprevents the public from distinguishing between records, which the US courts themselves deem validand effectual and records, which the US courts themselves deem void. The systems wereimplemented over the past decade by the Administrative Office of the US Courts with insufficientpublic oversight. It is claimed that the systems were central to undermining the integrity of the UScourts.The reports, linked below, proposed corrective measures by US Congress:1. Restoring provisions of the
Salary Act
of 1919 - placing the clerks under the authority of the USAttorney General.The
Salary Act
of 1919 was credited as a key measure in restoring the integrity of the US courts acentury ago. It placed the clerks under authority of the US Attorney General. Conditions in the courtstoday indicate that reform is in order – through placing the clerks under authority of the US AttorneyGeneral again. [
]2. Enacting federal rules for the electronic administration of the courts.Implementation of electronic case management and online public access systems amounted to a sea-change in court procedures. Regardless, both the courts and the US Congress have so far failed toestablish design and operation of the systems under statute.Combined, the two above measures by US Congress could address the following issues:1. Restoring accountability of the clerks for the integrity of electronic court records.The evidence demonstrates that clerks today hold themselves unaccountable for the validity andintegrity of electronic court records, in particular – online public access systems.2. Restoring the right to access judicial records – to inspect and to copy.
Page 3/5 December 7, 2010
Combined, PACER and CM/ECF are today used to conceal critical attestation/authenticationrecords (the NEFs and NDAs), and therefore do not permit the public to distinguish between validand effectual court records and such that are deemed by the US courts as void.3. Establishing valid digital signatures on all applicable court records by judges, clerks, and counsel.The evidence shows that courts established as acceptable, various methods, which do not meetminimal requirements for valid digital signatures for judges, clerks, and counsel.4. Establishing valid procedures for the clerks’ electronic attestation/authentication records.The evidence shows that the NEFs and NDAs, which were established by the US courts aselectronic clerks’ attestation/authentication records are invalid and void.5. Establishing publicly accessible, valid procedures for certification by counsel of his/herauthorization as counsel of record for parties on behalf of whom counsel appears in court.Certification of counsel’s authority as counsel of record was left vague and ambiguous, permittingunauthorized appearances in the courts.6. Validation of electronic administrative systems of the courts.Validation of such systems must be undertaken prior to their installation, in a manner that is legallyand publicly accountable – e.g. through agencies that are accountable to thelegislative branch.Such validation should be based on certified, functional logic verification [
] in all stages of fromdevelopment, through implementation, to any modifications and ongoing security. [
]Inherent in the validation of the system is also the requirement that all unpublished
Local Rules of Court
, which are today embedded in specification and implementation of the systems, be explicitlypre-published in natural language for public comment and challenge, as required by the
Rulemaking Enabling Act.
[
]It should be noted that similar problems were previously identified in the implementation of electronic voting machines, andthatthe US government is yet to adequately address the latter
issue, despite ongoing protests. [
, ]7. Establishing an enhanced level of transparency in the electronic administrative systems of thecourts.Enhanced transparency is required to permit ongoing effective public monitoring of the systems.In case additional information would be needed in the course of investigations, beyond that which isprovided in the attached and linked reports, I would be happy to provide any help possible.Your attention to these matters is kindly requested.Truly,Joseph Zernik, PhD
Human Rights Alert (NGO)
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justicesystems of the State of California and the United States in Los Angeles County, California, and beyond. Human Rights Alert focuseson the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system inthe United States.
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