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Retroactive Application of statute???



 
 
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Old January 14th 08, 07:28 PM posted to alt.child-support
[email protected]
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Posts: 171
Default Retroactive Application of statute???

After determining and bringing suit against the Commonwealth of
Virginia for allowing non-attorney employees of the Division of Child
Support Enforcement to sign legal pleadings in violation of Virginia
law and the Rules of the Supreme Court of Virginia, it was determined
before the suit was dismissed by the federal courts for lack of
subject matter jurisdiction that DCSE has been permitting this for
some 20 years -- some 55,000 times just last year alone.

We have not yet refiled in state court, however, the Virginia General
Assembly has introduced legislation that not only permits non-attorney
employees to continue signing legal pleadings, but also seeks to
disallow courts from determining that orders entered prior to 7/1/08
cannot be found to be void on grounds that non-attorney employees
signed the pleadings which have resulted in the 20 years of void
orders. The General Assembly is trying to apply a prospective fix in
the law to 20 years of orders entered prior to a supposed enactment of
this legislation.

You may view the legislation at:
http://www.richmondsunlight.com/bill/2008/hb1382/

Does anyone know of caselaw in any state, aside from the one from
Montana I posted on the above-referenced website that addresses
retroactively modifying a statute to give a court subject matter
jurisdiction where none existed at the time an order was entered?
  #2  
Old January 15th 08, 01:07 AM posted to alt.child-support
Bob Whiteside
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Posts: 981
Default Retroactive Application of statute???


wrote in message
...
After determining and bringing suit against the Commonwealth of
Virginia for allowing non-attorney employees of the Division of Child
Support Enforcement to sign legal pleadings in violation of Virginia
law and the Rules of the Supreme Court of Virginia, it was determined
before the suit was dismissed by the federal courts for lack of
subject matter jurisdiction that DCSE has been permitting this for
some 20 years -- some 55,000 times just last year alone.

We have not yet refiled in state court, however, the Virginia General
Assembly has introduced legislation that not only permits non-attorney
employees to continue signing legal pleadings, but also seeks to
disallow courts from determining that orders entered prior to 7/1/08
cannot be found to be void on grounds that non-attorney employees
signed the pleadings which have resulted in the 20 years of void
orders. The General Assembly is trying to apply a prospective fix in
the law to 20 years of orders entered prior to a supposed enactment of
this legislation.

You may view the legislation at:
http://www.richmondsunlight.com/bill/2008/hb1382/

Does anyone know of caselaw in any state, aside from the one from
Montana I posted on the above-referenced website that addresses
retroactively modifying a statute to give a court subject matter
jurisdiction where none existed at the time an order was entered?


The issue you have raised is about Ex Post Facto law making. Here is a
lengthy analysis from the Cato Institute that discusses the issues.

http://www.cato.org/pubs/journal/cj15n2-3-4.html

I didn't read the entire article but it appears ex post facto criminal laws
are unconstitutional but ex post facto civil laws are not. I think the real
issue is how far back can the legislature reach with changes to civil law
and get away with it.

 




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