ARTICLE: Florida legal officials roiled by false documents from sovcits
Posted: Tue Jan 03, 2017 2:52 pm
http://www.tampabay.com/news/courts/pin ... nt/2308104
Most of it is the usual stuff, but I found this part noteworthy:
This doesn't seem like an insurmountable problem. It seems to me a balance can be found, between allowing access to the legal system and blocking those who intend to abuse it. Other states have such laws, as the article says. All localities have vexatious litigant laws, which give judges an implied power to identify documents as nonsense. Even Meads cautions that sovcit filings can contain colorable claims. It also advises judges not to use "sovcit" as a brand to disregard litigants entirely. So I'm sure this can be done. In fact, it must be done, as every one of these filings delays justice for those who need it.
Most of it is the usual stuff, but I found this part noteworthy:
These phony documents continue to be filed across Florida because state laws don't allow clerks to examine the content of official records beyond checking for signatures and the proper filing fees.
Some states have amended their laws to let clerks inspect filings more closely, said Lenz.
But Burke said any changes made to access of the courts should be done cautiously.
"So how do you know something is nonsense?" the clerk said. "It's very delicate. Probably, if it was a simple answer, we would have resolved it already."
This doesn't seem like an insurmountable problem. It seems to me a balance can be found, between allowing access to the legal system and blocking those who intend to abuse it. Other states have such laws, as the article says. All localities have vexatious litigant laws, which give judges an implied power to identify documents as nonsense. Even Meads cautions that sovcit filings can contain colorable claims. It also advises judges not to use "sovcit" as a brand to disregard litigants entirely. So I'm sure this can be done. In fact, it must be done, as every one of these filings delays justice for those who need it.