Case Management and Online Public Access Systems of the Courts – An Urgent Call of Legislative Action P 2

Joseph Zernik, Human Rights Alert (NGO)

Abstract

Digital voting machines were previously shown to be vulnerable to malfunction and malfeasance. Papers, recently published in computer science journal, likewise, outlined the invalidity of digital case management and online public access systems that govern the courts, jails, and prisons in the United States, and documented large-scale abuse of such systems. Invalid case management and online public access systems were claimed as key to deterioration of integrity of the justice system, which was previously opined in official, expert, and media reports. Such systems enabled the holding of prisoners under pretense of lawfulness, the conduct of pretense court proceedings, and the issuance of pretense court records, as part of pretense of judicial review. A series of case studies documented that the respective orders or judgments were either unsigned or unauthenticated in the digital case management systems, albeit, the public at large, and the harmed parties in particular, could not discern such facts in the online public access systems as designed and operated by the courts. Moreover, a “chain reaction” effect was documented, where the US courts, up to the Supreme Court of the United States engaged in pretense review of cases originating from lower courts. Corrective legislative actions were outlined, which were urgently needed - first and foremost - comprehensive review and the establishment of publicly and legally accountable validation of all case management and online public access systems at the courts, jails, and prisons and with it – restoration of the clerks’ accountability for integrity of dockets and counsel appearances. Full enforcement of the law was called for regarding counsel, when engaged in conduct that was opined as fraud intended to pervert justice. Truth and Reconciliation Commission was also likely to be required. Such actions were likely to restore access to the courts and the rule of law, and to safeguard Human Rights in the digital era.