734 Rutland Avenue
March 26, 2010
U. S. Court of Appeals
U. S. Courthouse
40 Foley Square
New York, NY 10007
Re: Circuit Court Docket #09–1474–cv
District Court Docket
I have received your NOTICE OF HEARING DATE and am returning the
completed form. I will attend, present oral argument, and
participate in any other way. However I am doing so under protest
for two reasons. These are:
There are seventeen defendants representing judges of three NY State
courts, the NY District Attorney, the Comptroller of the City of New
York, and clerks of three state courts. For each, there are four
separate issues to be argued. These are Cause of Action, Federal
jurisdiction, Non-exemption because of respondeat superior,
non-exemption because of judicial immunity.
I requested 6 hours for oral argument in my letter of November 13,
2009, to Clerk of Court Catherine O’Hagan Wolfe in order to cover
all of the above. The court has allocated 5 minutes for my oral
argument. This is absurd. If you will not allow the six
hours, I can combine defendants by groups and omit some of the issues.
I will need a minimum of 30 minutes to do this. I consider that to be
insufficient, but at least it gives me a chance to argue something.
The appellees did not submit a written brief, but are being allowed
time to present oral argument. In my experience, if a litigant
fails to submit a written brief, he is prohibited from presenting oral
argument. Otherwise the litigant who did not present a brief can
rebut the written brief of his opponent. However the litigant who had
no opportunity to read the opponent’s argument is unable to
prepare a rebuttal. This is not a fair and impartial procedure.
I am requesting the following:
A minimum of 30 minutes to present oral
argument. Actually, I will need more time than this to present my case
That the Appellees be denied any oral argument.
The U. S. courts are supposed to provide fair and impartial trials, not
to act as a court of inquisition. Thank you for your
Julian Heicklen, Appellant
Counsel Pro Se