Reply
 
LinkBack Thread Tools Display Modes
  #1   Report Post  
Old January 14th 10, 02:49 PM posted to misc.legal,rec.games.chess.politics,rec.games.chess.misc,soc.culture.usa,alt.accounting
external usenet poster
 
First recorded activity by ChessBanter: May 2006
Posts: 14,870
Default Must a Judge Sign his own Orders and attend his own Hearings

In addition to many other irregularities, there are two more
surprising irregularities in the Arden Van Upp Bankruptcy Case.

The first is that starting with appointing on September 19, 2009, the
judge has never manually signed an order. All of his orders have been
electronically signed. I asked a San Francisco attorney about this and
he said, "That's the way we do it out here".

I believe that this is wrong. I believe that a judge must manually
sign his orders, just as an attorney must. Does anybody know?

Secondly, and perhaps more importantly, since December 22, 2009, Judge
Carlson, had never been seen in the courthouse. He has conducted two
lengthy hearings and has electronically signed five orders including
four orders for the sale of the house at 2550 Webster Street, yet he
has never been on the bench.

At the first hearing all the parties and their attorneys were in
court, but the judge was at home or at parts unknown and speaking on a
speaker phone.

At the second hearing, the parties decided that since the judge was
not coming to court they would speak from their offices too, so they
all called in. This time, the judge said he was sick.

The judge still has not returned to court, yet he issued another order
yesterday.

I think that this is not allowed.

Does anybody know?

Sam Sloan

  #2   Report Post  
Old January 14th 10, 03:22 PM posted to misc.legal,rec.games.chess.politics,rec.games.chess.misc,soc.culture.usa,alt.accounting
external usenet poster
 
First recorded activity by ChessBanter: Oct 2004
Posts: 668
Default Must a Judge Sign his own Orders and attend his own Hearings

samsloan wrote:
In addition to many other irregularities, there are two more
surprising irregularities in the Arden Van Upp Bankruptcy Case.

The first is that starting with appointing on September 19, 2009, the
judge has never manually signed an order. All of his orders have been
electronically signed. I asked a San Francisco attorney about this and
he said, "That's the way we do it out here".

I believe that this is wrong. I believe that a judge must manually
sign his orders, just as an attorney must. Does anybody know?


Yes


Secondly, and perhaps more importantly, since December 22, 2009, Judge
Carlson, had never been seen in the courthouse. He has conducted two
lengthy hearings and has electronically signed five orders including
four orders for the sale of the house at 2550 Webster Street, yet he
has never been on the bench.

At the first hearing all the parties and their attorneys were in
court, but the judge was at home or at parts unknown and speaking on a
speaker phone.

At the second hearing, the parties decided that since the judge was
not coming to court they would speak from their offices too, so they
all called in. This time, the judge said he was sick.

The judge still has not returned to court, yet he issued another order
yesterday.

I think that this is not allowed.

Does anybody know?


Yes


Sam Sloan

  #3   Report Post  
Old January 14th 10, 05:59 PM posted to misc.legal,rec.games.chess.politics,rec.games.chess.misc,soc.culture.usa,alt.accounting
external usenet poster
 
First recorded activity by ChessBanter: Apr 2009
Posts: 48
Default Must a Judge Sign his own Orders and attend his own Hearings

On Thu, 14 Jan 2010 06:49:14 -0800 (PST), samsloan wrote:

In addition to many other irregularities, there are two more
surprising irregularities in the Arden Van Upp Bankruptcy Case.

The first is that starting with appointing on September 19, 2009, the
judge has never manually signed an order. All of his orders have been
electronically signed. I asked a San Francisco attorney about this and
he said, "That's the way we do it out here".

I believe that this is wrong. I believe that a judge must manually
sign his orders, just as an attorney must. Does anybody know?

Secondly, and perhaps more importantly, since December 22, 2009, Judge
Carlson, had never been seen in the courthouse. He has conducted two
lengthy hearings and has electronically signed five orders including
four orders for the sale of the house at 2550 Webster Street, yet he
has never been on the bench.

At the first hearing all the parties and their attorneys were in
court, but the judge was at home or at parts unknown and speaking on a
speaker phone.

At the second hearing, the parties decided that since the judge was
not coming to court they would speak from their offices too, so they
all called in. This time, the judge said he was sick.

The judge still has not returned to court, yet he issued another order
yesterday.

I think that this is not allowed.

Does anybody know?

Sam Sloan


http://www.canb.uscourts.gov/

When you purchase something from a web site, do you physically sign a
receipt as you do in a store?
An electronic, or stamped, signature is as legal as any other.
Most companies with a large number of employees generate paychecks with
electronically stamped signatures.
Look at any paper currency printed by the USA. There is a signature on it.
Did that person sign that bill personally? I don't think so.

If you are that concerned, I would suggest you research federal and state
law concerning bench orders and signatures.

Then define "bench" and "court room". Where is it written that says a judge
has to hold a court in a specific place and manner?
As far as that goes, one could hold 'court' via email.
  #4   Report Post  
Old January 14th 10, 11:30 PM posted to misc.legal,rec.games.chess.politics,rec.games.chess.misc,soc.culture.usa,alt.accounting
external usenet poster
 
First recorded activity by ChessBanter: May 2006
Posts: 14,870
Default Must a Judge Sign his own Orders and attend his own Hearings

The Federal Rules of Civil Procedure require that all pleadings much
be signed. FAXes are permitted only if followed up by a manual
signature.

It would be surprising if parties are required to sign pleadings but
judges are not required to sign their own orders.

Rule 11. Signing Pleadings, Motions, and Other Papers; Representations
to the Court; Sanctions
(a) Signature.

Every pleading, written motion, and other paper must be signed by at
least one attorney of record in the attorney's name — or by a party
personally if the party is unrepresented. The paper must state the
signer's address, e-mail address, and telephone number. Unless a rule
or statute specifically states otherwise, a pleading need not be
verified or accompanied by an affidavit. The court must strike an
unsigned paper unless the omission is promptly corrected after being
called to the attorney's or party's attention.
Reply
Thread Tools
Display Modes

Posting Rules

Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Petition for Rehearing in Sloan vs. Smith samsloan rec.games.chess.politics (Chess Politics) 16 April 24th 09 05:57 PM


All times are GMT +1. The time now is 04:39 PM.

Powered by vBulletin® Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
Copyright ©2004-2019 ChessBanter.
The comments are property of their posters.
 

About Us

"It's about Chess"

 

Copyright © 2017