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Here’s the excellent summary from Rosetta Sister blog. This needs to get out to other blogs:

I got a shock today when I called NJ App Div to see what they had on the record as I imagine there’s at least a change that the US Sup Ct may ask the App Div what records they have.

Today I forwarded official allegations of obstruction of justice against NJ App Div Judge Sabatino. In the App Div I am alleging that JS purposely tried through improper ex parte communications through law clerk to instruct me how to file an improper lawsuit.

I found out today that they did not include motion for sj and 19-pg brief. They have it characterized a Motion for Leave to Appeal which was denied. There is a huge difference….

The earliest I could have brought it was 9/22 when SOS said the candidates were eligible by statute.

An action in lieu of prerogative writ. 2:2-3(a)(2), against a State official or State agency can be brought to App Div a sof right (no need to file a motion for leave). I am entitled by right. I went for an emergency application. Each week there’s a different judge on duty. You must talk to the law clerk first and then you fill out a 3-page form. Fact Sheet for Emergency Relief. You have to state your case in that form. Judge Sabatino’s clerk said we can’t accept as you haven’t stated the case in sufficient clarity. We are denying emergency review, but you don’t have to stick to the sheet. Go ahead and write a letter instead and get it to us right away, the 27th. They’re interested but aren’t ready to take it right away. I wrote a letter on the 27th. A few hours later and unbeknownst to me, they accepted it the night of the 27th. They did not advise me of this until 9:45 AM the next day and said all paper work has to be in by 4PM. Then the law clerk said you have to file a motion and app brief. I told him I did not need to do so. I want to file a comlaint in lieu of prerogative writ. The clerk said you have to follow the judge’s instructions. Now I have to do a motion and brief and have it filed by 4PM. 4:61 says as long as I put the words on it, that’s what it is. So I put on the notice of motion and on that I wrote, “Complaint in Lieu of Prerogative Writ.”

First of all, that communication was improper. A judge is there to take your pleadings and decide on them. It is improper for them to tell you what kind of pleadings to file. I’m not supposed to get special instructions from the judge as to what kind of papers to file. The judge may lay down a timeline. But the judge doews not tell you here’s the case I want you to file before me. That’s not right. I had never filed a lawsuit against my life. I wasn’t sure that this was right, but I said no, the lawsuit I wanted to file was an action in lieu of prerogative writ. But I got it there and I got it filed. My points were: the candidate were not eligible as not natural born. Another point the SOS had a duty to protect the ballot and she should be compelled to compel that duty. The first rule is 4:69-1 says if you write a complaint in lieu to compel ministerial duty. Then R. 4:69-2 says after filing a complaint in lieu of prerogative writ, you have a write to file a motion for summary judgment.

On the 30th, I call judge’s chambers and I say let me make you aware of Roger Colero. I must move to amend the complaint to add him and the clerk says we’ll get back to you. They call me back, improper, ex parte, and instruct him to call up the SOS Elections Office. This is improper. He should have told me to call the atty for elections division. He tells me to call them and tell them to remove Colero from the ballot. I called the defendant’s atty, the DAG, and told him what I was doing. He said ok but we’ll have to object to that. Then they call back and say your motion will be denied. Here’s the kicker. They send me a 4-pg order by the judge. He has characterized my direct appeal as a motion for leave to appeal, which is an interlocutory motion. I was entitled to bring an appeal, a direct appeal. “The judge decided to treat your case as a motion for leave to appeal so we are returning your $200 to you.” This is important because he was improperly preventing me from having the right to go to the Supreme Court.

At least now I have proof I gave it to them. But if the US Supreme Court asks for the record of this case it will not reflect that I brought an action in lieu of prerogative writ.

by poster:sba1872

http://rosettasister.wordpress.com/2008/11/21/spiritlands/