"Count me in--especially on federal appeals, which I love to work on."
"Count me in--especially on federal appeals, which I love to work on."Roger Roots
Roger Roots, I have a question for you. I am Ron Branson, founder of JAIL4Judges. I have taken cases up to the U.S. Supreme Court 14 times over the years since 1981. I am currently on my 15th trip. You responded to Bill Windsor regarding assisting in the effort of proceeding in a remedy on judicial accountability, "Count me in--especially on federal appeals, which I love to work on." In that regard, I wish to ask you an opinion if I might.
The County of Los Angeles artificially manufactured a non-existent arraignment at which they say I was present and entered pleas to the criminal charges named therein. I knew nothing about this so-called "arraignment," as I was not there, and did not discover such allegation of an arraignment until after I was released from incarceration within the Los Angeles County jail.
I appeal my so-called "conviction," and on appeal, I discovered the false and fraudulent Minute Order so alleging the arraignment. After discovery, I pursued acquiring a copy of the transcript of this event from the court reporter named within that Minute Order for my appeal. She informed me that no such event, and therefore no such transcript was possible to obtain. I then asked her is she would swear out a declaration to reflect this fact, and she so accommodated me. Notwithstanding my impeachment of this false and fraudulent Minute Order alleging an arraignment on criminal charges, the appellate court decided to uphold the so-called conviction alleged within this fake Minute Order. I sought to take the matter further up within the State Court system, but I was precluded by the court of appeal from doing so.
I brought suit, naming the judges involved, and entered as evidence the sworn declaration provided to me by the court reporter. Four federal judges decided to recuse themselves from the case, and the case was passed on to the fifth federal judge who immediately threw the case out without an oral hearing, or me seeing the judge, or the defendant's attorneys for the County of Los Angeles.
So I immediately appealed within three days of that decision to the Ninth Circuit, and paid the filing fee of $455. My Appeal was immediately dismissed stating that I presented no substantial issues on appeal. But there were no issues presented, only a Notice of Appeal. Briefing is process that must follow an established briefing schedule, and not done upon the filing of a Notice of Appeal. I then challenged that decision to dismiss my appeal, by appealling en banc for a determination of the entire Ninth Circuit on the question of whether Appellant's appeal could be dismissed immediately upon filing a Notice of Appeal. That filing en banc took place on New Years Eve, December 30, 2011. To date, the Ninth Circuit has never acknowledged such filing. Such determination en banc would be dispositive on the legitimacy of dismissing an appeal prior to briefing or presentation of any issues on appeal.
I plan to take this matter on up to the U.S. Supreme Court, but I cannot do so until I have received a decision from the Ninth Circuit en banc. My question to you, therefore, is, how one forces the Ninth Circuit to make a final decision so that they may proceed on up to the Supreme Court? If you have an proposed solution, I would be pleased to hear it. In my opinion, the Ninth Circuit has completely abrogated the purpose for its very existence as establish by Congress within Rule 4 of the Federal Rules of Appellate Procedure, and is destroying the integrity of the entire judicial system, and its present deed has the implication of having been robbed of $455, for which I got nothing. Thank you, Roger. I look forward to hearing from you.