The One Place Covid 19 Does Not Affect!
FOR IMMEDIATE RELEASE
For Information, Contact Ms. Paula Fesenmeyer, 816 756 3633
“TENNESSEE V LANE AGAIN? Or, THERE ARETWO BRANCHES OF GOVERNMENT, THEN THERE ARE THE COURTS RISEN ABOVE EACH!”
How The Courts Are Always Open, Thus Exempt Themselves from Novel Coronavirus
2 April, 2020
The 16th Circuit Court, Jackson County, Missouri rules require Pro Se (non-Attorney) appellants to physically come to the Courthouse to pick up their Legal Files for tabbing, indexing, and then delivery to the Missouri Court of Appeals (Western District), a block away.
This requirement is enforced at a time when Local, State, and Federal “isolate at home” orders prevent citizens from leaving their homes, except for essential functions. The Court regularly allows its Attorney clients to use electronic means to transfer Legal Files. With this expectation, appeal rights are abrogated for some, not all, citizens.
Years ago, a handicapped individual, a Mr. Lane, sought to file a required paper in a state level lawsuit. He transported in a wheelchair. The Court in Tennessee was housed in one of those ponderous, classically design buildings with many front steps. Mr. Lane was determined to exercise his rights......so he crawled up the steps, and filed his papers.
The Jackson County attorney for the Courts, Nick Purifoy, assuringly states, “The Court cannot guarantee that the file is free of Covid-19. We have no way to completely sterilize or disinfect paper filings at this time. The large files are ready for you to pickup.” If the filer doesn't pick them up, number every page by hand, provide a complete index, and take it back to the Court of Appeals within five days, their case will be dismissed. What if the Court of Appeals refuses to accept the papers?
So everyone in the Courthouse who handles paper copies risks themselves forces on Court patrons misdemeanant behavior getting to the Courthouse, and risky anti-social behavior when working at the Courthouse.
It is unwritten rule, but rule nonetheless, that the Courts exist above, and beyond the reach, of the other branches of Government and the people to whom the Government must answer.
Thus, Legal papers lie while justice is in die.
____/s/__________
Lawrence Goldblatt