HUBRIS IN THE NINTH CIRCUIT COURT
YOU CAN SEE IT IN THE JUDGES EYES
...............No, You Can’t, Because They Won’t Give You a Hearing Before
“The Judge’s coming in, Everybody Rise
......Lift up your Eyes
Some thing’s out of whack
You can do what you please, you don’t have to ask my advice.
Before you call me any dirty names you better think twice!”
-----Bob Dylan, Modern Times, Nettie Moore (2006)
What if Clarence Darrow or Melvin Belli had to argue their cases over the telephone? Or only in their briefs...........?
It happened to me on Greg’s case. He had HIV and Intel fired him on the spot for it. I did my homework and determined that there might have been a civil rights violation, because Greg was also the only black employee at Intel within that firing range. Greg Lang v. Intel Corporation 112 F3d 516 (9th Cir 1997)
(AS YOU CONSIDER THESE WORDS FOR THEIR WORTH, CONSIDER THAT THE NINTH CIRCUIT ADMITTED THAT THE DISTRICT COURT JUDGE REDDEN USED THE WRONG STANDARD ON SUMMARY JUDGMENT -- “We agree that, literally read, the language of the district court misstates plaintiff’s burden at summary judgment.” Lang at Paragraph 12) *
The Crucible -- Intel hired their finest lawyers and moved for summary judgment. It is always at summary judgment where the good people lose. U.S. District Court of Oregon’s Judge Redden saw no need to use the brand-spanking new 16 story, $124 million dollar Mark O. Hatfield Courthouse for oral argument. Instead, he held oral argument over the telephone. The telephone system had a lockout feature that precluded me from interjecting when opposing counsel stated an untruth. When I finally got Judge Redden’s attention on the issue, it was far down the telephone turnpike from opposing counsel’s equivocation. Judge Redden (who has never met me) had no patience for me returning to the previous truthiness exit ramp.
Losing there I appealed Mr. Lang’s case to the Ninth Circuit. I had found that the Ninth Circuit had been using the wrong standard on civil rights cases for over twenty years which I clearly explained in my appellate brief. And I was ready to tell the Ninth Circuit all about it, in four-part harmony at oral argument.
After all, they had fixed up the Pioneer Courthouse so nice and all, I was hoping to see what it looked like on the inside. Only problem was the Ninth Circuit decided my legal issue and my case were not important enough for face-to-face dealings. They could learn enough about my case by my legal written instruments and judges would get the histrionics I needed to convince them of this horribly wrong standard they have inflicted on the poor, the meek and downtrodden-----from the ethernet. [See Steckl v. Motorola Inc., 703 F2d 392 (9th Cir 1983)]
In over Twenty Years of handling civil rights cases in the Ninth Circuit they have NEVER allowed my face to enter any of their courtrooms for personal eye contact. Let’s see, due process is for proper notice and an opportunity to be heard. Oh, I get it. To be heard doesn’t mean to actually be heard. Nothing in person allowed. No eye contact. Being “heard” to the judiciary doesn’t mean audible stuff. Ink is all they want to deal with. Gee, I wonder if they read what I wrote there..........????
Now, I have a foreclosure case with the Ninth Circuit with ‘Standing’ as the issue. In four years of litigation there, they will not engage my eyes, my mouth or their ears anywhere. Even though I like the Bay Area, I still look at the Pioneer Courthouse with admiration. They have poured even more money into the building since Greg’s case, but they still will not let me in. I even attended an Occupy event there last winter and the guards treated the unwashed pretty shabby. Even Ms. O’Scannlian, wife of Ninth Circuit Court of Appeals Judge Diarmund O’Scannlian, was treated with suspicion before she showed her I.D.
But it is worse. Not only has the Ninth Circuit refused to allow my physical person in their quarters anywhere, to engage them in eye-to-eye and auditory contact, they have done something worse. In Four Years of litigation in the Ninth Circuit they have refused to mention a single case I have identified as applicable. Or a legal argument. Or even an analysis of why they win and I lose. Nothing. Maybe that is why they call him Ninth Judge Memo Bybee. He was not afraid to sentence many to oblivion without due process, but he only had courage to do it by memo. Like all judges in the Ninth Circuit, he dispensed his version of justice without having the courage to look them in the eye.
Here is my question -- is any legal official in the Ninth Circuit curious about how they have gotten along by using the wrong legal standard in ALL OF THE CIVIL RIGHTS CASES IN THE NINTH CIRCUIT FOR MORE THAN THE LAST TWENTY YEARS? Perhaps, if they had allowed even one lawyer into Pioneer Courthouse to engage in REAL advocacy, that lawyer may have been able to explain it, because we all know the judges don’t read our briefs. Much less the cited cases.
I am tanned, rested, ready and have that seminal case in my rear pocket; my pocket, where the information could go from there to my eyes, my mouth and I could tell the Ninth Circuit exactly how they have been using the wrong standard for civil rights cases for over twenty years. Think of it. For the sake of a little eye-to-eye contact. Civil rights in the United States. Real advocacy like Melvin blossomed. Maybe civil rights could then blossom too in the far reaches of the Ninth Circuit.
claurenpaulson2012 email@example.com bulletinsfromaloha.org theforeclosureombudsman.com
*Greg died shortly after the Ninth Circuit’s untoward 1997 decision. He was an impressive, very impressive young man. “The World has Gone Black Before My Eyes” Bob Dylan, Nettie Moore 2006”