Can I sue courts in class action
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07/25/2008, 20:36:36

Dear Ms. Li and Judicial Reform Advocates,

Your question whether you can file a class action to sue the court for
discriminating against pro se litigants contains the seed of its own
answer: If the court is so contemptuous of the rule of law as to deprive
a class of people, that is, pro se litigants, of their rights, then the
court will not hesitate to disregard the law even if statutory
provisions or case law give pro se the right to sue it.

The likelihood of the court disregarding the law in such a suit is only
greater because it would be acting in its own interest. This means
that if the suit were not dismissed out of hand and instead it were
allowed to proceed to discovery, the class could compile evidence showing
that indeed the court has discriminated against pro se litigants.

In the most unlikely event of the class winning the suit, the
consequences would be devastating for the court because all those cases in which
the court deprived pro se litigants of their procedural or substantive
rights would become suspect and many would have to be relitigated.

Worse yet, the judgments that the opposing parties won in those cases
to be relitigated would become null and void. In principle, those
winning parties would have to divest themselves of everything that they won,
whether it be rights or property. Reverting to the status quo ante
would create a nightmare for the court and all those who are likely to have
developed grateful and close relationships with it, that is, the
winning parties, who are in their majority the powerful and well
connected…and in jurisdictions where judges are elected, they are also the big
contributors to the judicial reelection campaigns.

In brief, the answer to your question is not based on legal
considerations, but rather on practical ones. The court will find the law to say
whatever it needs it to say. “The court” includes the judges sued as
well as all other judges similarly situated, who would face the same
consequences above-described, and those who would not dare become
pariahs among their fellow judges by entertaining a sue against any of them.

However, your email also contains two elements of a positive answer to
your question: The first is the willingness of NAACP to get involved in
your case through an amicus curie on your behalf; the second is the
fear that you suspect on the court’s part to the exposure of their
denial of rights that the NAACP’s involvement could bring. This is most
important because the courts, for the self-interest considerations
explained above, are not going to reform themselves from the inside.

The court can only be reformed from the outside, i.e. through exposure
in the media of the judges’ coordinated wrongdoing that has developed
into institutionalized corruption. Such exposure would lead to a
public outrage that in turn would cause the launch of official
investigations by the DoJ, the FBI, and Congress as well as their state equivalent,
particularly in an election year.

The holding of public, highly mediatized hearings on the courts’
disregard for the rule of law and the rights of pro se litigants and those
represented by solo practitioners and small law firms could force the
legislative branch at both the federal and the state level to do what
they have proved so reluctant to do. namely. take on the judiciary.

Many legislators, especially those who feel referred to by House
Speaker Nancy Pelosi’s statement that “Congress is dominated by the
culture of corruption”, would not like to become known as the nemesis of
the judges, for one day they may stand before those judges on charges of
corruption. The judges would grab that opportunity to retaliate. But
those legislators would have no choice but to reform the judiciary if
through exposure by the media an outraged public demanded action and
wielded their only power: to vote out of office those legislators opposed
to judicial reform.

So the answer to your question is these counter-questions:

1. Can you get the NAACP, not just to file an amicus curie in your
case, but rather to take the lead in a class action against judges for
coordinated wrongdoing and spearhead media coverage capable of making
judicial reform an issue in this year’s presidential elections?

2. Can you put me in touch with the NAACP members willing to file the
amicus curie brief?

In answering these questions you might wish first to read these short
articles and have those NAACP members read them too:

I look forward to your reply.


Dr. Richard Cordero, Esq.
[email protected]">[email protected]

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