Silly Litigant, Bench Memos Are For Judges!

Pro se litigant Kyle Greene, like many pro se litigants before him, felt put upon by the judicial system. Determined to do something about it, he filed a “Motion for Disclosure of Chamber of Papers,” demanding U.S. District Court Judge Patrick Schiltz’s bench memo because he “suspect[ed] he was the victim of a law clerk usurping the function of an Article III judge.”

It didn’t work. In his opinion (PDF), Judge Schiltz explained:

Greene has not cited — and the Court has not found — a single statute, regulation, rule, or judicial opinion holding that a litigant has a right of access (under the First Amendment, the common law, or anything else) to communications between a judge and his or her law clerk, including draft opinions and orders. Rather, all of the authority of which the Court is aware is to the contrary.

(Thanks, Deb and Jess!)

1 Comment

  1. Avatar silly_lawyer says:

    Silly Lawyer….If they don’t have anything to hide, why not give him the information he is seeking ? I suppose that becomes a matter of principle at that point.

    I think these lawyers look for the inevitable mistakes that pro se litigants are bound to make…without the value of legal mentoring. A 3L couldn’t get thru a simple trial after 3 years of lawschool without that mentoring.

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