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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? |
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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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