Pro Se Litigants BEWARE

Judge Richard Posner’s “Negligent Liability” Mathmatical Factor as a baseline against “Due Process”

There are two basic opposing rights of (self-represented litigants – Pro Se) to be “balanced” which include:

1. Right to be heard!

2. What process is due?

Judge Posner asserts that Courts use the “negligence” liability test (otherwise referred to as, LEARNED HAND) and apply THAT to a SELF-REPRESENTED U.S. Citizen’s CONSTITUTIONAL Right to Due Process!


The harm that I have endured because I could not afford a lawyer to defend me for being accused of Fraud, Conversion, and Conspiracy of Fraud in a CIVIL Suit is UNACCEPTABLE!!!

Judge Posner’s (Poser – for other 1980’s coming-of-agers like me) opinion as a AUTHORITY is F******ed UP. —– Or to translate into the terminology of the more (self) appropriate (d) audiences – Against the natural will of God. (And again, F*** Up!! Wrong!! Entitled!!! Bull-puckey).

We do not have to be Harvard (or University of Chicago – non-ivy leaguer) graduates to KNOW when OUR RIGHTS ARE BEING VIOLATED as citizens.

Judge Pos(n)er OPENLY Publishes HIS OPINION and RECOMMENDATION to USE a Factoring system based on the lowest common denominator of Negligence (and Liability) as a MEASUREMENT of each of our rights as UNITED STATES CITIZENS through the CONSTITUTION of Due Process; that includes our right to represent ourselves in court.

Let me break this down:

Judge Posner has effectuated a standard of LAW – through his DECISION to use a mathematecal factor of “liability negligence” in comparison to CONSTIUTIONAL DUE PROCESS.

Any way you debate that as a matter or law, the fact remains the same. Judge Posner applied Liability Negligence as a factor in a mathmatical equation in comparison to Due Process Constitutional Rights of US Citizens.

But the Liability Negligence factor in this mathematical factor is for the SELF-Interest of a Judge; not the Constitutional Rights of the already underdogged self-represented U.S. citizen.

Here the Judge made the baseline measure a of Liability Negligence to be skewed in the Judiciary Favor as “Risk Factor” that they FRONTLOAD their risk of making a WRONG Decision – which is based on nothing factual because — there is no basis for a future-telling in the LAW.

Liability Negligence is a factor that was created to analyze AN EVENT THAT ALREADY HAS TAKEN PLACE; Which Judges DECIDE UPON in a CASE between a Plaintiff and a Defendant.

Posner PUTS the JUDICIARY as a central party and the most IMPORTANT FACTOR in a two-party litigation scenario.

I believe that this American Nation was built for THE PEOPLE, BY THE PEOPLE, and WE THE PEOPLE.

WE THE PEOPLE, have not signed away our collective Constitutional and Individual rights to any JUDGE, any Administration, or any Legislative SYSTEM of anything.

Judge Posner is NOT confident in his or his peers ability to make Judicial Decisions.

Because he clearly published a DECISION/OPINION/BOOK that includes a mathmatical FACTOR that puts HIS self-interest BEFORE the interest of the rest of us – (who HE was PUT IN PLACE TO PROTECT).

And the lowest-common demoninator in America is the battered, the bruised, the ones forced to represent themselves in court – who deserve the Highest Factoring of Due Process.

The Constitution does not say, “We the Judges, shall minimize our personal liability in decision-making on PROCESS in court proceedings to protect Ourselves (as highly educated, experienced and seemingly qualified trustees) AGAINST Self-Represented Americans; who are pursuing justice or defending themselves through justice – who are already facing all odds”.

Published by Trudy Sobocienski

My blog, "Beyond Leadership" is a creative place to share my personal feelings and thoughts while working in leadership roles for a variety of Alaska Native organizations, both for and not-for profit entities. An incredible leader and mentor of mine once asked while we were in Washington, DC, "What happened to you between the ages of 7-10 that motivated you to serve in a native leadership capacity". I was struck by that poignant thought and as such, include actual entries from my mother and my diaries beginning in the early 1970's. I enjoy sharing these excerpts because it captures the parallels she and I were experiencing throughout life, from two separate worldviews. Hers as a young mother of four and mine as her eldest child. I have never came across a book on leadership that lays bare a leaders personal feelings, thoughts, hopes, fears and dreams they were experiencing. So for me, my goal is two-fold: 1. Share the incredible life my parents created for my siblings and I growing up in remote Alaska; and, 2) Sharing my humanity, through my personal diaries and journals, while serving as the youngest-ever President/CEO for the Alaska Native Health Board. There are passages that will include significant policy issues I was working on throughout my career and travels. There are many more passages that do not. I cannot speak for my mom's passages, because I am reading them as I share them here, with you; with her permission of course.

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