August 3, 2012 – ORDINARY PEOPLE, LEGENDS, AND ONE HISTORICAL FIGURE, Part 2.

Incredibly, the Supreme Court knows how to make things happen fast when a Chief Justice wants something done.

Rehnquist decided my clients’ position had merit, but indicated he was not sure we had properly filed an appeal.  Therefore, he indicated that he would allow the Ninth Circuit to consider the issue.  However, he telegraphed how he thought the Ninth Circuit should rule by stating that if the court did not decide in my clients favor then the Ninth Circuit’s ruling could be immediately returned to him.

As a young attorney, I was dizzy.  It appeared as if the legal system was really working.

The Ninth Circuit ordered immediate oral argument by phone.  As the hearing began, I remember Tim Weaver (another legend now deceased) describing me as a “paper mill”.  I don’t remember how the judges responded to this, but I always considered the jab a compliment.  I admired both Tim and Mason Morrisset (another legend), who represented the Tribes in these disputes.

The Court faxed out its ruling.  Of course, the 2 to 1 ruling favored my clients.  However, the majority opinion was pretty much gibberish.  The facts were unclear and no ratio decedendi could be discerned.  The dissent, which I recall was written by Judge Sneed, was eloquent.  I assumed this was judicial politics.

I told my clients we had won.  There were celebrations.  But then skies darkened.

Hours later the Commerce Department, which did have the authority to change the fishing season did so.  So the exhilarating and costly legal journey to the Supreme Court to restore their fishing rights had been won in the courts and then lost on the ground.

My clients weren’t happy.

I felt as if I had fallen from Mount Olympus to the muddy bottom of the Mississippi River, which divides Moline, Illinois (my birth place) from Bettendorf, Iowa (the town where I grew up).  I was depressed.  I did not get out of bed for two days.

I have not kept many mementos of my work.  Dad asked me to give him the newspaper articles I had saved so that Bill Wundrum, a reporter for the Davenport Times, could write an article about my career.  I did so, Wundrum wrote the article, but apparently lost the articles.  I wish I had them back.

I don’t know what became of Judge Rehnquist’s order or the Ninth Circuit’s funny little responsive order.   NOAA may still have a copy.  So might some of the other litigants.

What surprises me is that no court has kept a copy of this unusual vignette of judicial procedure; a mandamus action being brought before a Supreme Court justice against a circuit court of appeals.

Funny, the courts seem to have lost all the paper work in this mandamus action.  This seems unusual.  What do you think?

 

My attempts to obtain the orders and briefing in the Supreme Court related to the mandamus action brought against Ninth Circuit Court of Appeals

 
 
>>> "Scott E. Stafne" <stafnelawfirm@aol.com> 5/4/2012 5:10 PM >>>
Hello,
I am looking for a copy of the order signed by Judge Rehnquist     referred to in the linked newspaper article set forth below.  I was the attorney who brought the action for a writ of mandamus against the Ninth Circuit Court of Appeals.  As I remember my clients included the All Coast Fisheries Marketing Association, the Pacific Coast Fishermen's Association, and the Washington Trollers Association. The issue was whether the District Court Judge, William Schwarzerhad jurisdiction under the Fisheries and Conservation Act of 1976to issue a preliminary injunction prior to the conclusion of judicial review.  My recollection is that Justice Rehnquist acting as the judge handling Ninth Circuit cases indicated that he was not sure the action had also been brought as an appeal so therefore he would allow the Ninth Circuit to rule on the order. But the Justice found that if the Ninth Circuit Court did not decide the issue in favor  of my clients he would re-hear our pleadings. The newspaper article indicates Judge Rehnquist's order was issued Wednesday,August 29, 1979.
http://news.google.com/newspapers?nid=1310&dat=19790830&id=m3w1AAAAIBAJ&sjid=LOIDAAAAIBAJ&pg=6496,9034653
I would appreciate you forwarding me a copy of the order by email  to the above address.  If possible, I would appreciate receiving atsome later time the briefing in the archives has related to this   order.
 Thank you.
Scott E. Stafne
_________________________________________________________________________________________________________________________________________________________________________________________________________
 From: Archives2reference <Archives2reference@nara.gov>
To: Scott E. Stafne <stafnelawfirm@aol.com>
Sent: Mon, May 7, 2012 5:16 am
Subject: Re: 9th Circuit Court
 
The court records you seek may be in the custody of NARA's Regional 
Facility in Seattle, WA. The email address is seattle.archives@nara.gov
 _________________________________________________________________________________________________________________________________________________________________________________________________________ 
>>> "Scott E. Stafne" <stafnelawfirm@aol.com> 5/7/2012 8:18 AM >>>
Please see below.  I have some other references to Judge Rehnqusts order. Please let me know if you can help me find these documents.
Scott Stafne
seattle.archives@nara.gov
 _________________________________________________________________________________________________________________________________________________________________________________________________________
From: Kathleen Crosman <Kathleen.Crosman@nara.gov>
To: Scott E. Stafne <stafnelawfirm@aol.com>
Sent: Mon, May 7, 2012 9:17 am
Subject: Re: Fwd: 9th Circuit Court
 
Mr. Stafne,
The National Archives at Seattle holds the U.S. District Court records for Oregon, Washington and Idaho. Records of the Ninth Circuit Court of Appeals are held by the National Archives at San Francisco. You can reach them at sanbruno.archives@nara.gov.

We regret that we cannot be of more assistance to you in this matter.
Kathleen Crosman
Archivist
The National Archives at Seattle
6125 Sand Point Way NE
Seattle, WA 98115
206-336-5121
http://www.archives.gov/pacific-alaska/seattle/index.html
 __________________________________________________________________________________________________________________________________________________________________________________________________________
The National Archives at San Francisco
1000 Commodore Drive
San Bruno, CA 94066

>>> "Scott E. Stafne" <stafnelawfirm@aol.com> 5/7/2012 11:11 AM >>>
Please see communications below and advise if you can help me find Judge 
Rehnquists order.  Thank you.
sanbruno.archives@nara.gov.
 _________________________________________________________________________________________________________________________________________________________________________________________________________
From: Marisa Louie <Marisa.Louie@nara.gov>
To: Scott E. Stafne <stafnelawfirm@aol.com>
Sent: Tue, May 15, 2012 10:27 am
Subject: Re: Fwd: 9th Circuit Court (12-1974)
 
Dear Mr. Stafne,

Thank you for your inquiry to the National Archives at San Francisco.
 I have not been able to readily find the case file number assigned to this case in the Ninth Circuit Court of Appeals. The case file number is what our staff needs to locate the records in the case   file. Our archives does not hold the docket books or indexes to the Appeals Case Files. If you do not have this information in your   own office files, you may contact the Clerk of the Court at (415)  355-8800 to inquire. It would be best for you to contact them as   you may have supplementary information that can aid their search. Please ask the Clerk for the case file number and also the numbers  of the accession and box the case is located in, if they have this information.
Best regards,
 Marisa Louie, Archivist
 
The National Archives at San Francisco
1000 Commodore Drive
San Bruno, CA 94066
 _________________________________________________________________________________________________________________________________________________________________________________________________________
From: Scott E. Stafne <stafnelawfirm@aol.com>
To: Reference <Reference@lb9.USCourts.Gov>
Sent: Fri, May 18, 2012 2:45 pm
Subject: Fwd: 9th Circuit Court (12-1974)
 Hi Julie:
As I think about it, there is a possibility Judge Rehnquist's orderand this Court's decision responding thereto could be in the case  file of the case name you suggested.  But I believe the mandamus   action I filed was brought by the All Coast Marketing Association, Pacific Fisherman's Federation, and Washington Trollers Association
I remember the 9th Circuit's response to the Justice Rehnquist's order was a 2 to 3 decison.  One of the judges was Sneed.

Here is another article which describes the history.  I would like to 
obtaining the briefing too, if possible.

Thanks very much,

Scott Stafne
 
Scott E. Stafne
STAFNE LAW FIRM
239 North Olympic Ave.

 

___________________________________________________________________________________________________________________________________________________________________________________________________________________________

From:   "Scott E. Stafne" <stafnelawfirm@aol.com>
To:     Reference@lb9.USCourts.Gov, andrew@stafnelawfirm.com
Date:   05/31/2012 05:40 AM
Subject:        Re: 9th Circuit Court (12-1974)
 
 Hi Julie or to whomever this may concern: 
 
I am still trying to find Justice Rehnquist's order in the case referred 
to be below.  I was told someone from the Ninth Circuit library would get 
back to me regarding its whereabouts.  Have you found the order yet?  Is 
there anything else I can do.  Doug Ancona or Ted Evans were the attorneys 
for NOAA.  Mason Morsset and Tim Weaver represented the tribes.  The DOJ 
represented the Cabinet secretaries.
 
Thank you.
 
Scott Stafne
 
Scott E. Stafne
STAFNE LAW FIRM

___________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

Re: 9th Circuit Court (12-1974) 

From

Reference Reference@lb9.uscourts.govhide details

To

Scott E. Stafne stafnelawfirm@aol.com
 
Hi Scott,
I had to put this on the back burner to do some in-house research so I 
will take this up again.
--Julie
_____________________________________________________________________________________________________________________________________________________________________________________________________________
From: Julie_Horst <Julie_Horst@LB9.uscourts.gov>
To: stafnelawfirm <stafnelawfirm@aol.com>
Sent: Fri, Jun 1, 2012 3:58 pm
Subject: 9th Circuit Court (12-1974)
 
Scott,
I'm having difficulty finding what happened to this opinion. It is not in 
the "usual" places. I have one more person to ask but she is away for 
awhile. I'll be in touch.
 
--Julie
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________
From:   "Scott E. Stafne" <stafnelawfirm@aol.com>
To:     Julie_Horst@LB9.uscourts.gov, 
Date:   06/01/2012 07:01 PM
Subject:        Re: 9th Circuit Court (12-1974)
 
 
 
Thanks, Julie.  Any idea when you'll be able to talk to her?  Also have 
you been able to find the Ninth Circuit's decision in response to 
Rehnquist's order?  Perhaps, finding that opinion would be helpful? 
 
Scott
 
Scott E. Stafne
STAFNE LAW FIRM

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

From: Julie_Horst <Julie_Horst@LB9.uscourts.gov>
To: Scott E. Stafne <stafnelawfirm@aol.com>
Sent: Wed, Jun 27, 2012 4:28 pm
Subject: Re: 9th Circuit Court (12-1974)

Scott,

I have learned that this docket number is either from the Supreme Court or

it is missing a digit because as it is written, it’s not a Ninth Circuit

number. I did come across 718 F 2d 299, could that possibly be what you

are looking for? Sneed wrote the opinion but there doesn’t appear to be a

dissent.

–Julie

p.s. could you please remove me from your contacts list as I have been

getting spam messages from your account.

 

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

From: Scott E. Stafne <stafnelawfirm@aol.com>
To: Julie_Horst <Julie_Horst@LB9.uscourts.gov>
Cc: garylennon <garylennon@me.com>; smarion <smarion@admirable.cc>; virtuouschg <virtuouschg@msn.com>
Sent: Thu, Jun 28, 2012 9:01 am
Subject: Re: 9th Circuit Court (12-1974)

Julie, Thanks for the reply.  I have read the case you cite, which is part of a long litany of cases, relating to fishing rights.  But it is not the one brought pursuant to the Fisheries and Conservation Act to which I am referring where U.S. Chief District Court Judge William Schwarzer enjoined my clients (salmon trolling fishing groups) from fishing before the conclusion of judicial review in direct contravention of the statute’s mandates.

Would it be possible for you to inquire to the Supreme Court about the case number you identify as being potentially a United States Supreme Court case number.  When I described the I was told by a presumably younger law clerk that the procedure I described (and which is well documented by the news report of day) could not have occurred.  I called back and another clerk told me to get in touch with the National Department of Archives to find the case.

 

As you know I did that and was referred to various departments of the archives, who eventually gave up and told me to get in touch with the 9th Circuit’s library.  I know we are dealing with a Supreme Case so perhaps at this point, you as a representative of the 9th Circuit’s library, could ask the Supreme Court for its order and the response the divided 9th Circuit panel provided to Justice Rehnquist.

 

Let me tell you why finding this order is important to me.  I am running for the Washington State Supreme Court and I view obtaining that order from Justice Rehnquist directly against the Ninth Circuit an important accomplishment in my career.  Secondly, a large part of my campaign is based on the Washington Supreme Court’s secrecy.  In Washington we have clear open access to justice provisions in our Constitution that should require the compilation and publication of precedential decisions.  It would be my contention that the exercise of judicial power under the federal Constitution has many of the same requirements.  Justice Rehnquist’s order directing the Ninth Circuit to rule on a case in an expedited time period falls into an area of Court rulings that should be made available to the public.

 

I apologize about the spam.  One of my campaign workers sent out a “blast” face book invitations to contacts in my email list.  I am by this email asking him and our “tech” person to have your name removed.

 

Please let me know if you will inquire with the U. S. Supreme Court about that case number.

 

Thank you.

 

Best Regards,

 

Scott E. Stafne

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

From: Scott E. Stafne <stafnelawfirm@aol.com>
To: julie_horst <julie_horst@lb9.uscourts.gov>
Sent: Mon, Jul 2, 2012 5:39 pm
Subject: Re: 9th Circuit Court (12-1974)

Julie,

 

I was informed that you called my office and told my paralegal that I should hire a law student to find the orders in the above cited case number.  I was surprised by this because the Supreme Court directed me to the national archives office and they directed me to you.  I am not sure you understand the historical significance of the order by Justice Rehnquist.  It is very unusual that parties would bring a direct action against the Ninth Circuit requiring that court to decide a case.  It was extraordinary that Justice Rehnquist granted relief.

 

Of course, there was great tension between the Supreme Court and the Ninth Circuit during this time period and that might have been one of the reasons for Rehnquist’s ruling.

 

I am happy to hire a student to review your archives, but am concerned that the orders may have been purposefully lost.  Do you think someone else I hire may be more successful than you in finding these documents.  If so, why do you think this?

 

Best Regards,

 

Scott

Scott E. Stafne
STAFNE LAW FIRM
239 North Olympic Ave.
Arlington, Washington 98223
360 403 8700 office
360 300 6005 cell

360 386 4005 fax

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About Scott . Stafne

Mr. Stafne is very experienced in property rights, including banking wrongs and foreclosure prevention; Constitutional Law (under the United States and Washington State Constitution); Appellate law; land use law; personal injury law. Scott has recently become a media focal point as his win record of foreclosure defense cases against the largest financial institutions, servicers, trustees as well as MERS have blazed the trail toward ending the foreclosure crisis and representing the rights of the homeowner above the profits and secret dealings of corporations.   Scott sees law as a foundation for establishing a system of twenty first century liberties for the people; and for removing that corruption of power within our government which makes the achievement of real purpose beholden to only money.   Scott Stafne has been an attorney since graduating from the University of Iowa in 1974. He worked for a large law firm in Indianapolis (Baker & Daniels) for two years. Thereafter, he moved to Seattle Washington in order to obtain a Masters of Law degree from the University of Washington, which he obtained in 1977. Scott practiced law while going to graduate school and has practiced ever since.   This is a personal blog, and does not constitute legal advice in any form, and is not necessarily reflective of the policies or opinions of Stafne Law Firm. Visit the Law Firm: http://stafnetrumbull.com Visit the Google+ Page: https://plus.google.com/+ScottStafne Visit the Facebook Page: https://www.facebook.com/scott.stafne.75   *Web Developer: David J. Posel
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