Virginia Phillips

See opinion here: Log Cabin Republicans v. United States of America

• Associated Press "Judge says she’s inclined to reject government request", October 18, 2010

"Don't Ask, Don't Tell" policy - an Alternative View

In December 2010 request was filed with the US Congress for investigation, and impeachment proceedings if appropriate, against Judge Virginia Phillips and Clerk Terry Nafisi, both of the US District Court, Central District of California, related in part to their conduct in Log Cabin Republicans v United States of America et al (2:04-cv-08425), where the "Don't Ask, Don't Tell" policy was purportedly reviewed.

The request took no sides relative to the controversial policy itself.

Instead, the request provided evidence that the litigation in the matter was conducted out of compliance with the US law, and that Judge Virginia Phillips and Clerk Terry Nafisi colluded in alleged publication of false and deliberately misleading online PACER (the court's online public access system) docket in the case.

Some of the notable features of the unusual litigation are described below:

1) Two judges appeared in the case as presiding Judges - George Schiavelli and Virginia Phillips. Neither had a valid Assignment Order, and therefore, no judicial authority in the case.

2) No complaints and no summons were docketed in the case, as required by the Federal Rules of Civil Procedure.

3) The docket includes no evidence of service of summons and complaint, alternatively - of waiver of the service of summons and complaint. Regardless, the case was not dismissed by the court, in apparent violation of the Federal Rules of Civil Procedure.

4) Judge Schiavelli purportedly entered a Judgment in the case in 2004, in favor of the USA and against the Log Cabin Republicans. His purported judgment was also listed as entered in the Judgment Index of the Court. Judge Schiavelli's purported 2004 Judgment was never overturned through an Appeal or any other court procedure.

5) Judge Virginia Phillips later appeared in the same case, and purportedly entered the opposing Judgment in the case in 2010, in favor of the Log Cabin Republicans. Her purported judgment was never listed as entered in the Judgment Index of the Court.

6) Clerk Terry Nafisi has refused to certify the PACER docket in the case.

7) Clerk Terry Nafisi has refused to permit access to the electronic certificates of authentication/attestation (NEFs - Notices of Electronic Filing)in the case, in apparent violation of the First Amendment right to access court records, to inspect and to copy.

Regardless of the fact that neither judgment was authenticated or certified, and therefore could not be deemed valid and effectual judgments, both parties have filed Notices of Appeals from the purported Judge Virgina Phillips 2010 Judgment, and the US Court of Appeals, 9th Circuit, opened a docket for an appeal.

The records in the US District Court, the requests, filed with Clerk Terry Nafisi to certify the PACER docket, and analysis of the PACER docket in the case were detailed in a Motion to Intervene, which filed with the US Court of Appeals, 9th Circuit. The motion took no sides in the matter itself, but asked why the Appeals, taken from an uncertified judgment, would not be dismissed for lack of jurisdiction and/or mootness. ^{[4] [5] [6]}

The claims of invalidity of the litigation under Log Cabin Republicans v United States of America et al (2:04-cv-08425) was brought before the US Court of Appeals, 9th Circuit, were docketed on January 6, 2011, and are pending.