No. 20-1085

Scott Erik Stafne v. Thomas S. Zilly, Judge, United States District Court for the Western District of Washington, et al.

Lower Court: Ninth Circuit
Docketed: 2021-02-08
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 article-iii civil-rights due-process good-behaviour-tenure judicial-independence judicial-tenure jurisdictional-challenge separation-of-powers standing
Key Terms:
SocialSecurity ERISA DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Whether the challenge that a jurist is not an Article III judge because she or he does not have 'good behaviour' tenure is a jurisdictional one which must be considered by federal courts and judges

Question Presented (from Petition)

QUESTION PRESENTED Throughout history people have struggled to obtain justice. This quest directly led to the Separation of Powers doctrine which requires our federal government to have a judicial branch composed of independent judges who are responsible for exercising judicial power within the scope of their delegated jurisdictions. By the end of the Twentieth Century there appeared to be general consensus among civilized nations that “(t]he independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country.” Principle 1. Basic Principles on the Independence of the Judiciary (1985)!. This case presents the question for federal courts and judges in the United States as to: Whether the challenge that a jurist is not an Article IIT judge because she or he does not have “good behaviour”? tenure is a . jurisdictional one which must be considered by federal courts and judges. 1 Endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985 ; ? Courts sometimes refer to the “good behaviour” tenure language in Article III as being life tenure because unless a judge misbehaves and is impeached or gives up their ; good behaviour tenure she or he can remain in office for life. See e.g. Wellness Int Network, Lid. v. Sharif, 135 S. Ct. 1932, 1938. (2015) Id. at 1951 Roberts, CJ. Dissenting @ ® ii

Docket Entries

2021-04-19
Petition DENIED.
2021-03-24
DISTRIBUTED for Conference of 4/16/2021.
2021-03-10
Waiver of right of respondent Thomas S. Zilly, Judge, United States District Court for the Western District of Washington, et al. to respond filed.
2021-02-01
Petition for a writ of certiorari filed. (Response due March 10, 2021)

Attorneys

Robert "Ty" Trenary; Snohomish County Sheriff Adam Fortney
Steven Joseph BladekSnohomish County Prosecutor's Office-Civil Division, Respondent
Steven Joseph BladekSnohomish County Prosecutor's Office-Civil Division, Respondent
Scott Stafne Law Advocacy & Consulting
Scott Erik StafneStafne Law Advocacy & Consulting, Petitioner
Scott Erik StafneStafne Law Advocacy & Consulting, Petitioner
Thomas S. Zilly, Judge, United States District Court for the Western District of Washington, et al.
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent