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Originally Posted by Livefire
Lawdog,
I wonder about your comprehension level. I never said anything about that method being "my rules", however I dont think some of the "kangaroo kourt" rules make any more sense than the website in question. Like allowing a plaintiff to petition a court (in MI) to allow newspaper notice in lieu of personal service in a civil case. Nothing like a sham trial in absentia. Criminal cases of that nature are another matter. This is an example of what a group of manipulative liars, to lazy to do anything productive, promulgate in their spare time!
The bar and courts are most definately guilty of collusion when it comes to creating a priestercraft designed to keep out and shaft without Vaseline the poor and the common man. Its no wonder that the US judicial and legal community is a joke in the eyes of their international colleagues!
BTW little man, in MI the State Supreme Court is the agency responsible for creation and modification of "kourt rules" They delegate much of that to the State Court Adminstrative Office (SCAO) much like your Judicial Council does in GA. You probably missed that one on the ol' bar exam! Legislature created it but it is operated by your SC. Damn legislators are too busy taking payola from the bar liars lobby to have time to create something like "kourt rulez" (mispellings intentional)
I often think the whole legal system in this nation should be declared void for vagueness because of its BS. Too bad Joe Six Pack is too lazy and dumbed down to do something about it!
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My comprehension level is fine, little man. I scored a 710 on the verbal section (of a possible 800) on the SAT in the late 80s, when the SAT was harder than it is now. I also learned French and Spanish in high school and college. My command of the English language is excellent. More likely, you misunderstood something I said, not vice versa.
There are strict limits to the kinds of civil cases where you can serve the defendant by publication. I'm fixing to have to use it in a divorce case, because my poor client's wife left him (and their two young children) three months ago and hasn't been seen since. But since we won't be able to get personal service on her, the only thing we might be able to get is the divorce itself. Issues of property division, etc. might have to wait for another day. And by the way, service by publication, and when you can use it, is a statute passed by the legislature in my state (Ga. Code 9-11-4).
As for criminal cases...when was the last time someone in this country was convicted of a crime in absentia? Talk about rare. The only examples I can think of in recent years were where the defendant was present at the start of a trial that took more than one day, but then failed to show up at some point. Google "Ed and Elaine Brown." They are convicted tax protesters who abandoned their own trial in the middle of it, were convicted, and were eventually taken into custody despite their insistence that the feds would never capture them alive. And that's not really in absentia in my view, because the defendants were there and had every chance to continue participating in their defense. They chose not to .
Anyway....some court rules are promulgated by state Supreme Courts or Judicial Councils, yes. But many are legislature-passed statutes. Just depends on which ones you are talking about.
And how the hell would you know what questions they asked on the July 1998 Georgia bar exam? You sure as hell weren't one of the folks who took it with me.
Joe Six Pack is indeed dumb. But that goes with the territory when you're a beer swilling redneck. Hard to blame the legal system over the fact that you're an inbred hillbilly, you know?