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11-01-18 Request Filed to Inspect and to Copy US Supreme Court Electronic Records
Los Angeles, January 18 – George McDermott of the People of the State of Maryland has filed request with
the office of the Clerk of the US Supreme Court, to inspect and to copy paper and electronic court records. [i ]
The request pertained to applications and petitions by individuals in cases against government or corporations.
In some of the cases letters have been previously received by the individuals from the office of the Clerk of
the Court, which purported to notice the denial of the petitions or applications. However, the letters were
issued by unauthorized court personnel, in other cases were unsigned, or included invalid signature boxes.
Therefore, the outcome of such cases of the Supreme Court remained vague and ambiguous. [ii ,iii ,iv ]
In some of the cases, attempts have also been made to access the court’s paper files, to inspect and to copy. In
cases, where access was permitted, no valid judicial records of court orders or decisions were found as the
legal foundation for the denial letters.
Therefore, it was assumed, that if any valid judicial records existed in such cases, they would be found in the
electronic case management system of the Supreme Court. However, like all other courts, which were
examined, the Supreme Court of the United States has never published Rules of Court to establish its
electronic case management procedures, in alleged violation of Due Process rights and the Rule Making
Enabling Act.
Moreover, so far the public has not been permitted access to the records in the electronic case management
system of the US Supreme Court, in alleged violation of First Amendment rights.
In part, McDermott’s request states:
The public at large and computing professionals, in particular, must assume their civic duties in ongoing
monitoring the integrity of electronic court records. The common law right to inspect and to copy judicial
records was reaffirmed by the US Supreme Court in Nixon v Warner Communications, Inc (1978) as
inherent to the First Amendment. In doing so, the US Supreme Court said that the right was necessary
for the public "to keep a watchful eye on government". Today, the public must keep a watchful eye
particularly on electronic court records. No other measures could substitute for public scrutiny of court
records in safeguarding the integrity of the courts and Human Rights in the Digital Era.
Human Rights Alert (NGO) has previously identified the offices of the clerks of the US courts and their
electronic case management systems as key to conditions that now prevail in the courts and called upon the
US Congress to perform its duties and initiate corrective actions:
• Restoring key provisions of the Salary Act of 1919 the clerks of the US courts under the authority of the
US Attorney General:
At the time, conditions in the US courts were described in the US Congress as "a burlesque", and
the Salary Act was credited as a key measure in restoring the US courts integrity. It replaced the clerks as
checks and balances vis a vis judicial corruption, which was the reason for existence of the clerks since the
late middle ages.
By the mid 20th century the clerks were again placed under the authority of the judiciary.
z Page 2/2 January 19, 2011
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the
justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Human
Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of
the integrity of the justice system in the United States.
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