NYC's System of Justice, Small Claims Court Style

[Critter]

I worked in the WP Center of this law firm and quietly laughed to myself at the idiot lawyers and silly aasss paralegals running about the place. The fact of the matter was that I had more than 20 years of litigation experience in federal court, more than most of the lawyers and I definitely knew more than any of the stupid aasss paralegals.

you know, all of these fahking paralegal aholes kept bringing their labels to word processing; since filing sheat is 99.9% of paralegal work, how exactly can you be a paralegal if you don't know how to print your own fahking labels in MS Word. But anywho,

After about 20 years of litigating lawsuits in federal court, pro se, I filed a lawsuit in small claims court in New York City. Now, at a certain point in the litigation, I submitted a pleading to the clerk of small claims court for filing and the clerk of small fahking claims courts tells me that he will not file my pleading because it is not in the right format.

FYI,
The United States Supreme Court ruled that people who are not lawyers are NOT held to the same standard as lawyers. As I recall, a prisoner wrote some lawsuit in long hand on paper in pencil and the US Supreme Court held that a Federal Judge was required to process the lawsuit (and not hold the prisoner to the same legal standard as a licensed lawyer would be held to).

So, I complain to the Chief Judge of the court about the small claims beauch refusing to file documents and guess what? The Chief Judge says that the small claims court clerk beauch CAN refuse to file documents that he decides are not in the right format. So, ladies and gentlemen,

Small Claims Court in New York City holds pro se litigants to a higher standard for legal pleadings than the United States Supreme Court does. I am not making this sheat up.

As it currently stands, the Clerk of Small Claims Court in New York City can refuse to file documents that a Clerk of US Federal Court would be unable to refuse to file.

I'm sure the clerk and the Judge assumed that I would just disappear and their actions would never see the light of day. However,

I filed a judicial misconduct complaint against the Judge with the Judicial Misconduct Commission.

Until when and if the Judicial Misconduct Commission holds that the Judge's position was in error and or is misconduct, the Clerk of Small Claims Court in New York City can continue to refuse to file any documents from anyone he chooses.

[Critter]

I filed affidavits (my own affidavits) with the clerk of the court for small claims court many times over a number of years with no problem. Then one time this Black Woman Clerk looks at me and then looks at my pleadings and informs me that my affavidit has to be notorized before she will file it.

I ask this clerk why no other clerk made this claim and the woman says it was because they didn't require it but that SHE does. Again, I am not making this shit up.

In general, the role of a clerk of court is to file all documents. IF a pleading is legally deficient, it is for a judge to decide.

When a clerk has the authority to refuse to file documents, that clerk is essentially acting as Judge, Appeal Court and Supreme Court as you have no way of appealing a decision by a clerk when that clerk refuses to file your pleadings.

In my complaint to the Judicial Misconduct Commission, I pointed out that a clerk of the court in NYC could legally be refusing to file all pleadings from Blacks and there would be (a) no record of how many of people's pleadings the clerk refused to file; and ( the people who are being turned away from court by the clerk's refusal to file their pleadings have no legal recourse to appeal the actions of the clerk.