What is the name of your state (only U.S. law)? NY
If a particular administrative policy of a state court had the consequence even if unintended of causing some litigants to be denied their day in court, this seems to fall outside the normal channels that are available for filing a complaint, e.g. it is not a complaint against a judge nor is it a complaint against a lawyer. Nor would appealing a particular decision resulting from that policy likely change the policy since an appeal is on the merits of the case not the administrative policy of the court. In theory the OCA or legislature has court oversight, but as a practical matter I doubt they would do anything in response to an individual complaint as opposed to from a legal organization. Is it possible to challenge the state court policy on constitutional grounds as for example court bias? What other grounds are possible? Would this be done in federal court? There is another reason to choose federal court. In order to prove that there is a systematic or systemic problem, it would be necessary to research what was taking place at the court. This would require an expert to examine cases. I believe a court appointed expert is really only available to the federal courts under Rule 706. If such a challenge were taken seriously, what would be the remedy: to annul decisions made under the policy or to award damages for denying or limiting justice? How would one locate any case law or l.j. articles to see if a challenge to a court policy has ever been made in the past, i.e. what keyword search would be the correct one to look for? Lastly, even if all the above were possible, it would take a pro bono group, law school, etc. to take the case. Does anyone know of any public interest, constitutional law group? Thanks.What is the name of your state (only U.S. law)?
If a particular administrative policy of a state court had the consequence even if unintended of causing some litigants to be denied their day in court, this seems to fall outside the normal channels that are available for filing a complaint, e.g. it is not a complaint against a judge nor is it a complaint against a lawyer. Nor would appealing a particular decision resulting from that policy likely change the policy since an appeal is on the merits of the case not the administrative policy of the court. In theory the OCA or legislature has court oversight, but as a practical matter I doubt they would do anything in response to an individual complaint as opposed to from a legal organization. Is it possible to challenge the state court policy on constitutional grounds as for example court bias? What other grounds are possible? Would this be done in federal court? There is another reason to choose federal court. In order to prove that there is a systematic or systemic problem, it would be necessary to research what was taking place at the court. This would require an expert to examine cases. I believe a court appointed expert is really only available to the federal courts under Rule 706. If such a challenge were taken seriously, what would be the remedy: to annul decisions made under the policy or to award damages for denying or limiting justice? How would one locate any case law or l.j. articles to see if a challenge to a court policy has ever been made in the past, i.e. what keyword search would be the correct one to look for? Lastly, even if all the above were possible, it would take a pro bono group, law school, etc. to take the case. Does anyone know of any public interest, constitutional law group? Thanks.What is the name of your state (only U.S. law)?