STOP the LIES, THE DAMNED LIES, AND STATISTICS
STOP the LIES, THE DAMNED LIES, AND STATISTICS
The Issue
Pro Se/Pro Per litigants are those who choose to represent themselves in court.
Pro se litigants carry little or no power as an interest group. The group’s lack of political influence results in little being done to remedy the difficulties posed by their choice of self-representation. Membership in the group is typically not by choice, but because the individual litigant lacks the means to hire an attorney. This lack of resources significantly limits the group’s ability to garner attention from State Law Makers like well-funded groups do.
More importantly, pro se litigants lack group cohesion. Membership in the group ends with the final disposition of each litigant’s case. Without the funds or logistical capability to pool their resources and act as an organized group to lobby the legislature, pro se litigants fail to receive sufficient funding and services in comparison with their need.
To limit the right of self-representation would limit access to our justice system only to those able to afford legal representation. The inefficiencies of pro se litigation in its current state are unacceptable and require positive change.
Demand JUSTICE for which so many have made the ultimate sacrifice. This ultimate sacrifice continues to be made daily. Its time for you to demand the Justice to which you are entitled and to be Self Represented if that’s your choice.
The State of California has a little known law called the Vexatious Litigant Statute [CCP § 391.7] and is now in the process of being amended to be even more draconian (SB 603 by Senator Tom Berryhill of Fresno).
Berryhill and Senator Noreen Evans, along with corporations and other entities that distort the truth, cheat and steal with impunity and is supported by the California Bar and Trial Lawyers.
It has additional from the California judiciary which further erodes your constitutional rights to seek compensation for damage and injury inflicted upon an individual. The Judiciary should be subject to recall.
Once deemed a “Vexatious Litigant” the self represented are required to seek a pre filing order prior to bringing any new litigation and may be required to post a bond before being able to have a day in court. In addition, “Vexatious Litigant” is then placed on a public list of “Vexatious Litigants” and can only be removed by seeking relief by appearing before the very judge that deemed the individual a Vexatious Litigant”!!! THIS UNBRIDLED POWER IS NOT SUBJECT TO A DIRECT APPEAL!
To be deemed a “Vexatious litigant” you must meet certain one sided minimum criteria. However that so called “minimum criteria” is frequently ignored by the judge.
The goal for this so-called justification is to reduce or eliminate frivolous litigation that is clogging the Courts in California. Statistically, this is simply not the case. Quite the opposite appears to be true.
To our knowledge no study has been done to determine the accuracy of such figures and such a study should be required prior to theenactment and enforcement of any legislation that would strip away your civil rights by State Government.
If there is a genuine interest of the State of California and it’s Judiciary to reduce or eliminate frivolous litigation that is clogging the Courts in California, then CCP § 391.7, should be enforced against Attorneys as well as the self represented that file so called frivolous litigation. The claimed frivolous litigation that is clogging the Courts in California would be all but eliminated overnight.
One last point, the majority of claimed frivolous litigation by Pro Se litigants arises from Divorce Court, not the California Superior Civil Court.
Please sign the petition, sign and send the attached letter via email to the State of California, Senators Berryhill and Evans, Governor Brown and send them a clear message that continued erosion of California Residents Constitutional Rights just won't fly and is unfair.
The Issue
Pro Se/Pro Per litigants are those who choose to represent themselves in court.
Pro se litigants carry little or no power as an interest group. The group’s lack of political influence results in little being done to remedy the difficulties posed by their choice of self-representation. Membership in the group is typically not by choice, but because the individual litigant lacks the means to hire an attorney. This lack of resources significantly limits the group’s ability to garner attention from State Law Makers like well-funded groups do.
More importantly, pro se litigants lack group cohesion. Membership in the group ends with the final disposition of each litigant’s case. Without the funds or logistical capability to pool their resources and act as an organized group to lobby the legislature, pro se litigants fail to receive sufficient funding and services in comparison with their need.
To limit the right of self-representation would limit access to our justice system only to those able to afford legal representation. The inefficiencies of pro se litigation in its current state are unacceptable and require positive change.
Demand JUSTICE for which so many have made the ultimate sacrifice. This ultimate sacrifice continues to be made daily. Its time for you to demand the Justice to which you are entitled and to be Self Represented if that’s your choice.
The State of California has a little known law called the Vexatious Litigant Statute [CCP § 391.7] and is now in the process of being amended to be even more draconian (SB 603 by Senator Tom Berryhill of Fresno).
Berryhill and Senator Noreen Evans, along with corporations and other entities that distort the truth, cheat and steal with impunity and is supported by the California Bar and Trial Lawyers.
It has additional from the California judiciary which further erodes your constitutional rights to seek compensation for damage and injury inflicted upon an individual. The Judiciary should be subject to recall.
Once deemed a “Vexatious Litigant” the self represented are required to seek a pre filing order prior to bringing any new litigation and may be required to post a bond before being able to have a day in court. In addition, “Vexatious Litigant” is then placed on a public list of “Vexatious Litigants” and can only be removed by seeking relief by appearing before the very judge that deemed the individual a Vexatious Litigant”!!! THIS UNBRIDLED POWER IS NOT SUBJECT TO A DIRECT APPEAL!
To be deemed a “Vexatious litigant” you must meet certain one sided minimum criteria. However that so called “minimum criteria” is frequently ignored by the judge.
The goal for this so-called justification is to reduce or eliminate frivolous litigation that is clogging the Courts in California. Statistically, this is simply not the case. Quite the opposite appears to be true.
To our knowledge no study has been done to determine the accuracy of such figures and such a study should be required prior to theenactment and enforcement of any legislation that would strip away your civil rights by State Government.
If there is a genuine interest of the State of California and it’s Judiciary to reduce or eliminate frivolous litigation that is clogging the Courts in California, then CCP § 391.7, should be enforced against Attorneys as well as the self represented that file so called frivolous litigation. The claimed frivolous litigation that is clogging the Courts in California would be all but eliminated overnight.
One last point, the majority of claimed frivolous litigation by Pro Se litigants arises from Divorce Court, not the California Superior Civil Court.
Please sign the petition, sign and send the attached letter via email to the State of California, Senators Berryhill and Evans, Governor Brown and send them a clear message that continued erosion of California Residents Constitutional Rights just won't fly and is unfair.
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Petition created on February 23, 2012