2.
Yet when I called the Court after it reopened on January 9, 2006, I was advised that my brief had
not
been accepted for filing due to the prior counsel’s motion to be relieved, despite the fact that
this
same counsel had signed off on the motion for my admission to practice in the 5th Circuit.
3. Finally, in May, 2006, I was advised my
brief had been accepted, but when I made a request to
modify it, I was advised I would
have to motion the Court, which I determined would take an
additional six months for an answer, so I sent a
letter advising them to file the brief in the "as is"
condition.
4. The 5th Circuit Court of Appeals maintains a
website that publishes decisions presumably to keep
from answering calls from the thousands of counsel regarding
the status of a case. Regularly my
client or I checked the website and periodically, I telephoned the
Court.
5. Some time in April, 2007 I was advised by one of the team leaders in the 5th Circuit Court Of
Appeals,
that there had been no decision on the case and the matter was still before the Court.
6. Fast forward to late May, 2007, when
I received a call from my client stating that he had been
on the PACER pay site for the 5th Circuit
Court of Appeals web site and saw that an order denying
our requested relief had been entered on February 12,
2007, of which I never received notification.
Further frustrating the situation was by the time we
had this information, the statute of limitations
had run for a motion for renewal and reconsideration.
The case of USA v. Wagman is one of many cases that have transformed me into an outraged Officer of the Court. I encourage you to
read the comments from my client regarding his matter and you decide how broken the system has become!
Our Constitution is suppose
to guarantee certain unalienable rights, but guess what? From my side of the eyeballs after 20+ years of practice, the system
is broken.
Our Constitution guarantees a free press, but how many defendants have been caught up in the system of “injustice”, tried
and convicted in the press before even getting to the courthouse steps?
Calling all Officers of the Court who are true professionals
that will lobby our Federal and State legislators to bring back common-sense to the Judiciary System, who will work long hours for
little or no pay and restore our profession to its former dignity and fix our system.
I encourage all readers to explore the website
of the demon hunter and read about USA v Wagman. Be concerned, for one day you too could get caught up in the same type nightmare.
Respectfully submitted,
Florence F. Hessen, Esq
Licensed to Practice in New York,
New Jersey, Florida,
the companion Federal Jurisidictions
and
the 5th Circuit Court of Appeals.