Dear Orly,
You definitively stated in a public forum that you are co-counsel of Gary Kreep on the Keyes v Bowen #34-200880000096-CU-WM-CDS as filed in the Sacramento Superior Court and schedule to be heard 03/31/2009.

You further stated on your Official Website that you filed a writ of mandamus in the CAND Federal Court and that it is pending and/or active. The Federal docketing system does not reflect record of any case filed by either you or Allen Keyes within the entirety of the federal court system with regard to this issue. Would you be so kind as to provide the docket number?

I understand that you are an avid proponent of transparency, and since you are soliciting funds for expenses accrued as a result of your pro-bono work, would you be so kind as to provide evidence of the trust account that these funds have been deposited into as required by the California State Bar Association, as well as the docket numbers for all cases and the names of the clients on whose behalf you are soliciting donations?

I spoke with members of the investigative team at CalBar, they were specific in their requirements for the solicitation of funds by attorneys handling Pro-Bono cases. All donations must be solicited with the full knowledge and consent of the client on whose behalf the attorney is soliciting, all funds must be deposited into a trust account to ensure that there can be no co-mingling of funds, and proof of the client’s consent must be must be made available to the public. To do otherwise is a breach of ethics.

I am requesting that you provide full disclosure and transparency with regard to the above-mentioned documentation if you intend to continue soliciting donations under the guise of Pro-Bono work. Or, if you are not soliciting donations on behalf of any specific client but rather for your foundation, I am hereby requesting that you provide proof of your 501(c)3 tax-exempt status as a charitable organization.

I am sure you will make every effort to practice absolute transparency in all of your dealings with regard to this Constitutional Crisis.

Thank you

If Judges decide to keep telling members of the military that they do not have standing in an election for the Commander in Chief then we have a very serious problem.

The language “a person having a common ancestor with the registrant (e.g., a sibling, grandparent, aunt/uncle, or cousin)”; does not exhaust family relationships as I read it, because “e.g.” or “such as” seems to be only indicative of certain examples, and may not be exclusive to just those relatives listed.

I don’t know what is the relationship to Obama of the military member who is party to the lawsuit, but perhaps he/she could have a direct and tangible interest in obtaining O’s BC if they share a common ancestor somewhere, somehow.

(Funny how we keep bumping into our blogger buddies all over the place! I know you are an attorney just by the way you write and, of course, your grasp of legal implications. . .then, there’s that “jd” part of your identity you got going on.)

I am wondering if this relative does have a direct and tangible interest in the record because of the relative’s military status and being party to the lawsuit? Is “direct and tangible” explained anywhere in HI’s directive, as far as you know? Or is there an “understood meaning” of the terms in jurisprudence land?

Who is Eligible to Apply for Certified Copies of Vital Records?

A certified copy of a vital record (birth, death, marriage, or divorce certificate) is issued only to an applicant who has a direct and tangible interest in the record. The following persons are considered to have such an interest:

* the registrant (the person whom the record is concerned with);
* the registrant’s spouse;
* the registrant’s parent(s);
* a descendant of the registrant (e.g., a child or grandchild);
* a person having a common ancestor with the registrant (e.g., a sibling, grandparent, aunt/uncle, or cousin);
* a legal guardian of the registrant;
* a person or agency acting on behalf of the registrant;
* a personal representative of the registrant’s estate;
* a person whose right to obtain a copy of the record is established by an order of a court of competent jurisdiction;
* adoptive parents who have filed a petition for adoption and need to determine the death of one or more of the prospective adopted child’s natural or legal parents;
* a person who needs to determine the marital status of a former spouse in order to determine the payment of alimony;
* a person who needs to determine the death of a nonrelated co-owner of property purchased under a joint tenancy agreement; and
* a person who needs a death certificate for the determination of payments under a credit insurance policy.

If you are not able to establish a direct and tangible interest in the record, you are ineligible and will not be issued a certified copy of the record.

http://hawaii.gov/health/vital-records/vital-records/index.html

It is possible that this is exactly the lead of which Mr. Pidgeon spoke in his latest release (see my Featured Stories carousel for the exact posting).

Thanks for the comment,

-Phil

As of January 2009, certified copies will normally be sent out within 2-3 weeks after receipt and approval of the application. The return time may be extended for records that are very old, because the search to locate the record may take longer, or in the process of being filed, because the official record is still being created.

What Information You Should Be Prepared to Provide

An applicant/requestor must provide the information needed to 1) establish his/her direct and tangible interest in the record and 2) locate the desired record. This will normally include:

Applicant’s name, address, and telephone number(s);
Applicant’s relationship to the person named on the certificate;
Reason why you are requesting the certificate;
Full name(s) as listed on the certificate;
The certificate’s file number (if known);
Month, day, and year of the event; and
City or town and the island where the event occurred.
For birth certificates, also provide the full name of the father and the full maiden name of the mother.
If you are applying for a certificate on behalf of someone else, you must provide an original letter signed by that person authorizing the release of their certificate to you.
Letters of Verification

Letters of verification may be issued in lieu of certified copies (HRS §338-14.3). This document verifies the existence of a birth/death/marriage/divorce certificate on file with the Department of Health and any other information that the applicant provides to be verified relating to the vital event. (For example, that a certain named individual was born on a certain date at a certain place.) The verification process will not, however, disclose information about the vital event contained within the certificate that is unknown to and not provided by the applicant in the request.

Letters of verification are requested in similar fashion and using the same request forms as for certified copies.

The fee for a letter of verification is $5 per letter.

(double entendre intended)