Billian Jo, as Personal Representative of the Estate of Mee Jin-Jo v. JPMC Specialty Mortgage, LLC
Environmental SocialSecurity Securities Immigration
Whether the Second Circuit Clerk's authority regarding Summary Orders is appropriate under FRAP
QUESTIONS PRESENTED All Circuit Courts have various Local Rules or Internal Operating Procedures (IOPs) that use Summary Orders to reduce judicial workload. The Second Circuit has the Clerk analyze the case and write a decision, with the Clerk's name and signature, then issue the summary order. The other 11 Circuits issue summary orders, but under the Court's name, not with the Clerk's name or signature. Only in the Second Circuit the Clerk writes the decision and signs the Summary Order, like a judge, contrary to the 11 other Circuits. The questions presented is whether the Second Circuit Clerks having equal discretion and powers to a judge is just, or the Second Circuit's system needs to be adjusted to be in line with the other 1] Circuits: 1. Is the Second Circuit Clerk having equal authority to a judge regarding Summary Orders appropriate under FRAP? 2. If records of the Clerk's unusual actions in my case are on PACER (Public Access to Court Electronic Records), with circumstantial evidence of corruption, but the Clerk wrote the decision, signed it and issued the summary order of a case, can this be considered fair and proper appellate procedure under FRAP and US Code? 3. If such actions of the Second Circuit Clerk continue without oversight of any Court, what chilling effect could it have on future cases? i