Is The Foreclosure Rocket Docket Unconstitutional?
October 22nd, 2010 | 
Author: MattWeidner
Author: MattWeidner
I believe there are many elements in the implementation of the Foreclosure Rocket Dockets that make these courts Unconstitutional. Most of the arguments are made within the attached transcript, but the most important in my mind is the requirement that elected judges, who are at least theoretically accountable to the electorate, be the ones making the hard decisions to foreclose. I believe an important element of accountability is missing in the current regime. Read the attached transcript and decide for yourself….excellent analysis. This is a war that will define our country for the rest of our lives.
TranscriptonUnconsitutionalityofRocketDockets
3 Responses to “Is The Foreclosure Rocket Docket Unconstitutional?”
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Saturday 23 October 2010
Very simply, one must assert their rights or they are forever waived. If one does not object in court to lack of due process, the right to be heard AND in a meaningful way, the de facto court system will do whatever it pleases.
Something worth considering: EVERY judge’s FIRST duty BEFORE assuming the office is to swear an oath to uphold and protect the Constitution and their state constitution.
Two things:
1. Get a certified copy from the Secretary of State and match the oath taken with the one prescribed in Civil Procedures for the state in question. If it does not match, and if the prescribed oath clearly states WHICH oath a judge-to-be must take, then the requirement has not been met and the judge is acting in a purely de facto capacity that MUST be
challenged BEFORE proceding in court.
2. Submit the certified copy of oath of office as evidence into the record, showing the judge his/her sworn obligation, and again demand due process rights.
[...] The Florida Supreme Court’s Office of State Court Administrators estimates that there will be 559,945 foreclosure cases pending statewide by 2011. That same office issued a directive that Florida’s trial courts should dispose of 62% of those cases by July 2011. (Full Article Here) Each of Florida’s twenty judicial circuits have ramped up their efforts to clear those cases, but the primary means they have chosen to accomplish this goal–through implementation of so-called Rocket Dockets, may be unconstitutional. (See memo outlining reasons Unconstitutionality and transcript here. [...]