The Need for Sua Sponte Judicial Review Laws For Pro Se Litigants’ Lawsuits

Judicial reform is needed to require that judges instantly dismiss abusive, frivolous lawsuits, especially those filed by self-represented / pro se litigants, before financial harm is done to innocent defendants needing to hire attorneys to get these abusive, frivolous lawsuits dismissed.

Cults and religious frauds use a variety of harmful tactics against their victims – including filing abusive, frivolous lawsuits. This is one of the tactics used by Ken Parks (aka, Pastor Ken, Pastor Ken Parks, Pastor Ken Max Parks, Pastor Max, Ken Max Parks, Max Parks). Ken Parks advertises on social media his unregistered, financially unaccountable ETC Ministries, Simplicity of Christ / SOC Ministries, and his unregistered “professional photographer” businesses. He runs these activities from his apartment. Despite calling himself “pastor”, Ken Parks is not an ordained minister.

The matters discussed in this website involve subjects which merit constitutionally protected public scrutiny, and this website provides documentation, commentary, and opinion on matters of public concern.

Paulette Buchanan, M.A.

What is a Sua Sponte Order?

An order made by a judge with no request by any party to the legal action.

There are a number of situations in which a court may make an order in a case that is not in response to a party’s request or motion, but of its own initiative. This is important to understand, as it is an exception to the basic principles of legal procedure in the U.S.: (1) the parties to the legal action will direct the litigation, and (2) the judge, or decision-maker, will remain impartial, as well as passive.

A court may step out of its normally passive role in the litigation process if it deems some issue not raised by the parties, which has relevance to the case itself, needs to be decided. Taking sua sponte action is not uncommon and is generally intended to help ensure the proceedings are fair and proper, and that there is no error in the proceedings which could give rise to a mistrial, or form grounds for an appeal. Such issues may include:

Dismissal of a case over which the court has no geographical or subject-matter jurisdiction
Removal of a case to another judge, if the current judge has a conflict of interest
Declare a mistrial
Bifurcate trial proceedings, even if against the will of the parties (this means splitting the proceedings, which were originally filed on multiple issues, into separate trial proceedings)
Dismissal of a case considered to be frivolous, not having enough evidence to move forward (emphasis added)

https://legaldictionary.net/sua-sponte/

U.S. district and circuit courts and the Supreme Court have upheld lower court judges’ sua sponte dismissals of pro se litigants’ meritless lawsuits after those lower court judges exercised judicial review of those lawsuits (Paez v. Secretary, Florida Department of Corrections, 11^th Circuit Court, 2020; Nezbeda v. Liberty Mutual Insurance Corp., 11^th Circuit Court, 2019; Lodge v. Kondaur Capital Corp., 11^th Circuit Court, 2014; Oliver v. Stufflebeam, Third District Court of Appeal, State of Florida, 2012; Davis v. Kvalheim. 11^th Circuit Court, 2008; Day v. McDonough, U.S. Supreme Court, 2006; Apple v. Glenn, 6^th Circuit Court, 1999; Allen v. Perini, 6^th Circuit Court, 1970). Courts are expected to show careful judicial review in the exercise of sua sponte dismissals, and in such cases justifiable sua sponte dismissals in lower courts have been upheld by higher courts.

The Need for Sua Sponte Judicial Review Laws For Pro Se Litigants’ Lawsuits

What is a Sua Sponte Order?

What is a Sua Sponte Order?

What is a Sua Sponte Order?

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