Human Rights Alert (NGO)

Joseph Zernik, PhD

"
PO Box 31440, Jerusalem 91313, Israel; jz12345@earthlink.net ; 91313 ,31440 "

11-08-21 Zernik v State of Israel (6041/11) Appeal of Clerk's Decision in re: Request
for Clarification regarding Validity of Papers in Moshe Katzav v State of Israel
(3372/11) and Request for Waiver of Fees s (Heb+Eng)
"The Requester claims that providing papers that are vague and ambiguous, or simulated
court papers, in the office of the clerk of any court, amounts to violation of the right for Fair
Hearing." "Therefore, the undersigned requests that the Honorable Justice(s) of the
Supreme Court review again Clerk's Shani's August 14, 2011 Decision regarding Decisions
and Papers in this file."

Attached:
#

Record

11-08-21 Zernik v State of Israel (6041/11) Appeal of Clerk's Decision in re: Request for Clarification
regarding Validity of Papers in Moshe Katzav v State of Israel (3372/11) and Request for Waiver of
Fees s (Eng)
11-08-21 Zernik v State of Israel (6041/11) Appeal of Clerk's Decision in re: Request for Clarification
regarding Validity of Papers in Moshe Katzav v State of Israel (3372/11) and Request for Waiver of
Fees s (Heb)

Page
#
2

Joseph Zerniks digital

signatures

Supreme Court
Criminal Appeal 6041/11
Dr Joseph Zernik v State of Israel
Filed: August 21, 2011

In the Supreme Court in Jerusalem

Criminal Appeal 3372/11
Moshe Katzav
V
State of Israel

Appeal of Clerks Decision

Request for Reconsideration by Justice(s) of the Supreme Court of Request for Leave to File Request for
Reconsideration of Request for Decisions/Clarifications by Justice(s) of the Supreme Court in re: Court
Papers in Instant Court File
To the Court and Parties in Instant Case:
The undersigned, Dr Joseph Zernik, hereby files Request for Reconsideration by Justice(s) of the Supreme
Court of Request for Leave to File Request for Reconsideration of Decisions/Clarifications by Justice(s) of the
Supreme Court in re: Papers in Instant Court File.
Instant Request is filed following a similar Request, filed on August 14, 2011, and Decision by the Clerk of the
Supreme Court of the same date, and earlier Requests to Inspect and to Copy decisions in instant court file,
addressed by the Clerk of the Supreme Court, as detailed below.
The Requester believes that his August 14, 2011 Request was not adequately addressed by the Clerk of the
Supreme Court.
Additionally, the Requester believes that granting the Leave to File, and Decisions/Clarifications by the
Justice(s) of the Supreme Court in this matter in instant court file, are of substantial significance both regarding
the case of Moshe Katzav v State of Israel (3372/11) itself, and beyond, as detailed below, for furtherance of
Due Process in the State of Israel.
Therefore, the undersigned requests that an Honorable Justice of the Supreme Court grant the Leave to File
instant Request for Reconsideration in the case of Moshe Katzav v State of Israel (3372/11).
Dated: August 20, 2011,
[signature]
Supreme Court
Division of Unrepresented Parties
AUGUST 21, 2011
RECEIVED/CHECKED
[signature]
Signature: _______

_______________
Dr Joseph Zernik
PO Box 31440, Jerusalem 91313
Tel: 052-508-3014
Email: jz12345@earthlink.net

_________
Appeal of Clerks Decision
Request for Reconsideration of Request for Decisions/Clarifications by Justice(s) of the Supreme Court
in re: Court Papers in Instant Court File
To the Court and Parties in Instant Case:
Appeal of Clerks Decision
The undersigned, Dr Joseph Zernik, hereby files his Request for Reconsideration of Request for
Decisions/Clarifications by Justice(s) of the Supreme Court in re: Court Papers in Instant Court File.
1. Requester
The Requester has published in recent years academic works regarding record systems of courts and prisons and
presented such works in computer science and criminology conferences. In such works, he has repeatedly
demonstrated the problems involved in the implementation of electronic record systems in courts and prisons.
There is no doubt that such systems could have enhanced uniform and effective enforcement of court
procedures and better management of court records, and likewise, enhanced public access to the records, and
therefore enhance court transparency and safeguard of the right for Fair Hearings.
In fact, such studies demonstrated that implementation of such systems often achieved the opposite results:
-

Report, which he authored, and was based in part on such studies, was reviewed by the Professional
Staff of the United Nations Human Rights Council, as part of the first-ever review of Human Rights in
the United States. The Report was later incorporated into the official report of the Professional Staff,
with a note referring to corruption of the courts and the legal profession in California.

Paper, which he authored, regarding fraud in the electronic record systems of the US federal courts, was
published in an international computer science journal, listing scholars from six (6) European nations
and Canada on its Editorial Board.

Abstract, which he authored, regarding fraud in the electronic records of the US federal court in New
York in a case pertaining to banking regulation, was peer-reviewed and published by the 16th World
Criminology Congress.

The same studies were also peer-reviewed and selected for presentation in a European computer science
conference and the World Criminology Congress.

His opinions on such matters were also supported by opinion letters of internationally renowned
computer and fraud experts.

In summer 2010, he was invited and presented a telephonic seminar on the subject before a national US
Civil Rights organization, based in Washington, DC.

In August 2011, he was requested and submitted an opinion regarding a case in the US District Court,
Northern District of Georgia, in support of complaint of corruption in that court, filed by a Civil Rights
activist with a Federal Grand Jury, convened in the State of Georgia.

In all cases, listed above, the opinions were based on documentation, which showed that the offices of the
clerks of the various courts involved in such matters, presented to the public at large, or to individuals
involved in the cases, simulated court records, following the implementation of electronic record systems in
the various courts.
2. Purpose of Instant Request

a) The main purpose of instant and preceding requests is academic research for publication in scholarly
journals, regarding the electronic case management and public access systems of the Supreme Court. The
Requester intends to publish an academic Case Study regarding case management and public access to the
electronic records in instant case.
b) In recent weeks, the Requester filed with the Supreme Court legal requests, per se, to inspect and to copy
records in instant court file, following instructions of Court staff. Most of the Requests were neither listed
in the List of Records [docket jz] in instant court file, nor in the list of records, whose filing was denied, as
far as the Requester could establish.
c) Purported Decisions in instant court file, which originated in such Requests, were not served and noticed on
the Requester, except for the August 14, 2011 Decision by the Clerk of the Supreme Court (Exh 2), which
originated in Request, filed on the same date (Exh 1). Court papers, which were later represented to the
Requester in the Office of the Clerk as Decisions by the Clerk of the Court, pertaining to such requests,
which had apparently not been registered, were neither signed, nor stamped.
d) Reasonable doubt also arose, based on Court records, and also based on refusal of the Ministry of Justice to
respond on request, pursuant to the Freedom of Information Act, that Court paper, which was represented as
May 18, 2011 Decision in this Court file, is in fact a Decision, which had never been served on the State
Prosecution.
e) Therefore, the undersigned filed the August 14, 2011 Request (Exh 1) for clarification by Justice(s) of the
Supreme Court, whether Court papers, which had been represented as Court papers in instant Court file,
were indeed valid and effectual Court Decisions, vague Court papers, or simulated Court papers.
f) The Requester claims that the presentation of vague and ambiguous Court papers in the office of the clerk of
any court undermines the right for Fair Hearings of the public-at-large, and individuals involved in the
specific court cases.
g) The August 14, 2011 Decision in this matter (Exh 2) by the Clerk of the Supreme Court, effectively refused
to clarify the nature of such Court papers, as valid and effectual court papers, vague Court papers, or invalid
Court papers.
3. Request
Therefore, the undersigned requests that Justice(s) of the Supreme Court review again his August 14, 2011
Request for Decisions/Clarifications (Exh 1) regarding previous Request to Inspect and Copy Court papers in
instant Court file, and enter their decision, pertaining to instant Request in instant Court file, for the furtherance
of the right for Fair Hearings in the State of Israel.
4. Request for Service and Notice of a Signed Decision pertaining to instant request
The undersigned thanks that Court for the due service and notice of the August 14, 2011 Decision in this matter
(Exh 2), and asks that the Honorable Court duly serve and notice the decision of the Justice(s) of the Supreme
Court, pertaining to instant Request (dated August 20, 2011) to the addressed listed below.
5. Exhibits
a) Exhibit 1: August 14, 2011 Request for Decisions/Clarifications by Justice(s) of the Supreme Court
regarding instant Court file.
b) Exhibit 2: August 14, 2011 Decision, pertaining to the August 14, 2011 Request for Decisions/Clarifications
by Justice(s) of the Supreme Court regarding instant Court file.

Dated: August 20, 2011,

[signature]
________________
Dr Joseph Zernik
PO Box 31440, Jerusalem 91313
Tel: 052-508-3014
Email: jz12345@earthlink.net
_________
[following pages:

jz]

Exhibit 1

Exhibit 2

Request for Waiver of Appeal Fees

Certificate of Service

Digitally signed by Joseph

Zernik
DN: cn=Joseph Zernik, o, ou,
email=jz12345@earthlink.
net, c=US
Date: 2011.08.21 15:02:41
+03'00'

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Date: 2011.08.21
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