Our Justice System is based upon the rule of law and authority granted to Judges by the U.S. Constitution. Federal Judges are appointed by the President and approved by the Senate after rigorous background reviews, assessment of qualifications, and Senate questioning about willingness to apply the law without bias. So, what would happen if a non-judge court staffer decided cases while preventing the judges from even knowing that a case existed?
This is exactly what U.S. Supreme Court attorney Van Irion has asserted is now happening in the Federal Circuit Court of Appeals. Last week Irion filed a Petition with the U.S. Supreme Court accusing the Clerk of the 6th Circuit Court of Appeals of ruling in cases, preventing notice of those cases from reaching the Judges of the Appellate Court, and issuing court orders without consent of the Court.
Attorney Irion points to numerous orders issued by the Appellate Court Clerk in several different lawsuits where the orders do not identify any Judge of the Court authorizing those orders. Irion also claims that when he contacted the Clerk’s Office, the Clerk flat refused to identify any judge authorizing those orders. When Irion filed motions for Judge-review of the Clerk’s orders, which is a right explicitly allowed by the Court’s Rules, the Clerk again denied those motions without judicial review. When Irion contacted the Clerk’s office about these matters, he was told, “If you don’t like it, file a motion.”
The last straw came when, after months of Irion questioning the Clerk’s office about these issues, the Clerk began disciplinary proceedings against Irion. Even more shocking, that Court’s Rules about attorney discipline require such proceedings to be initiated only by the Court’s Chief Judge. Yet the disciplinary order issued against attorney Irion, again, is signed by the Clerk, not a judge. It also fails to identify any judge of that Court, let alone the Chief Judge, as authorizing the discipline. That is when Irion filed his Petition with the Supreme Court asking them to step in and investigate what is happening at the 6th Circuit Clerk’s Office.
If government court staffers are hiding entire cases from judges, then no part of the judicial system can be trusted any longer, by anyone. Judges are given incredible power and authority over all citizens. History has shown that a single rogue judge, ignoring the law, can destroy lives and fortunes. This is why the individuals selected to serve in these positions of public trust are carefully vetted before being appointed. Yet it appears that court clerks are now stealing the authority given to judges, and using the full authority of government courts in any way they choose, regardless of what the law of the land allows.
Due to the overwhelming number of cases submitted to the Supreme Court, it usually refuses to hear most of the submitted cases. Unfortunately, it is possible that the Supreme Court will do nothing about this situation. Fortunately, public outcry often sways the High Court into recognizing important issues and addressing them. If this matter is not corrected by the High Court, it will signal to all of the judicial staffers across the country that they can steal the court’s authority for their own personal use, with no consequences likely to follow.
Attorney Irion’s legal foundation is now asking the citizens of this nation to encourage the Supreme Court to investigate and correct this frightening development. Failure to correct would effectively destroy the purpose of the Judicial Branch’s existence, and signal that public trust in the American court system is no longer reasonable.
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