Judicial and Administrative Integrity: A Comparative Analysis Between the Doctrine of Natural Justice in Cooper v Board of Works ( England) and Foreclosure Nullities in the Alvin White's Case ( United States) and Attorneys Prerogatives
Executive Summary
The maintenance of judicial and administrative integrity represents the fundamental pillar upon which the contemporary Rule of Law rests.
The historical transition from state arbitrariness to the rule of law was marked by the crystallization of procedural principles that guarantee individuals protection against unilateral acts of public power that affect their liberty or property.
This report analyzes the evolution of the "Rule against Bias" and the right to an adversarial process, drawing a parallel between the 19th-century British-Australian paradigm of Cooper v Board of Works and contemporary challenges to judicial integrity in the United States, specifically in the foreclosure case of Alvin White and Kimberly Rojo.
Through the theoretical lens provided by Zia Akhtar and the technical contestation of Scott Erik Stafne, it examines how decisional opacity—exemplified by the unreasoned orders of the Washington Supreme Court. and US. Supreme Court—threatens the foundations of public confidence in justice.
Table of Contents
* Introduction: The Pillar of Administrative and Judicial Integrity
* Zia Akhtar’s Theory and the Rule Against Bias (British-Australian)
* From 1863 to 2026: From the Cooper Case to the Alvin White Case
* The "Shadow Docket" and Decisional Opacity in SCOTUS
* Violation of Attorney Prerogatives and Human Rights
* International and Comparative Precedents (STF, SCOTUS, ECHR)
* Conclusion: The Regression of Procedural Justice
* Bibliographical References
Content Highlight
The "Garden of Eden" Argument in Modern Foreclosure:
Just as God gave Adam the chance for a defense before the sentence, the Washington system supposedly fails by allowing foreclosures based on censored records and irregular procedural interventions.
The Violation of Lawyer Prerogatives:
The suppression of records and the refusal to consider court-ordered submissions constitute a direct violation of the lawyer's prerogatives to present evidence and ensure the parity of arms.
Internationally, this is seen as an affront to the UN Basic Principles on the Role of Lawyers (Havana, 1990).
New Updates and Precedents
To enrich the article, the following points regarding procedural progress and precedents from superior courts have been included:
1. Alvin White Case Update (February 2026)
The petition filed by Scott Erik Stafne on February 16, 2026, with the Washington Supreme Court argues that allowing the intervention of Deutsche Bank without operative pleadings violates the party-presentation principle. The case awaits a decision on discretionary review, challenging the neutrality of the state's judicial retirement system.
2. Precedents on Attorney Prerogatives (STF - Brazil)
* ADI 7231 (2024/2025): The Supreme Federal Court reaffirmed the inviolability of professional secrecy and the prerogatives of lawyers against invasive measures.
The Federal Supreme Court (STF), in 2025, reaffirmed the prerogatives of lawyers by declaring unconstitutional provisions of Law 14,365/2022 which, due to a legislative error, revoked professional immunity and restricted access to case files.
The decision (ADI 7231) restored inviolability for statements made in the exercise of the profession and guaranteed the right to access the records.
Main Highlights (2025–2026):
Professional Immunity: The STF invalidated the revocation of provisions that protected lawyers from crimes such as insult, defamation, or contempt during the exercise of the profession.
Access to Case Files: The right of broad access to elements of evidence was reaffirmed, even in investigative proceedings, in alignment with STF Binding Precedent (Súmula Vinculante) No. 14.
Action by the Brazilian Bar Association (OAB): The Brazilian Bar Association actively operates before the STF to ensure compliance with these prerogatives, including monitoring judgments to prevent violations.
Legislative Errors: The Court recognized a formal defect in the approval of the law that removed the prerogatives, restoring the original wording of the Statute of Advocacy.
The understanding is that prerogatives are fundamental guarantees for the full right of defense of the citizen, not merely privileges of the professional class.
The exclusion of lawyers from the decision-making process (as occurred in the White case) is equivalent to an absolute procedural nullity due to the restriction of the defense.
Comparison: STF (ADI 7231) × Scott Erik Stafne (due process / judicial integrity)
1) What the Brazilian Supreme Court did (ADI 7231) — “guarantees of defense, not privileges”
In the Brazilian case, the STF invalidated (because of a defect in the legislative process) the portion of Law 14,365/2022 that had revoked §§1 and 2 of art. 7 of Law 8,906/1994 (Statute of the OAB/Advocacy), thereby restoring:
professional immunity for statements made in the exercise of legal practice; and the right of access / inspection of case files, as a structural condition for the adversarial system and full defense.
LexML · 1
The institutional framing is that these prerogatives are fundamental guarantees for the citizen’s defense, not merely “class privileges.”
OAB ·Supreme Court reinstates lawyer's immunity. http://www.oab.org.br/noticia/63167/stf-restabelece-a-imunidade-do-advogado
2) What Scott (in general terms) has been arguing/denouncing — “when courts refuse to judge”
In Scott Erik Stafne’s materials (pleadings and public texts), the axis is: a court cannot evade the duty to decide essential issues (jurisdiction, neutrality/impartiality, validity of the adjudicative authority, procedural regularity) and at the same time penalize or procedurally choke the party/lawyer for insisting on those issues.
Two recurring points:
(a) “Refusal to judge” structural issues (jurisdiction / independent judge)
Scott’s public writing frames the problem as the system losing the appearance of justice when serious allegations are met with institutional silence or closure rather than transparent adjudication.
Substack
(b) Procedural barriers that become “practical censorship” of the right to defense
Concrete examples appear in Washington appellate filing contexts (e.g., clerk rejection / word-limit and refiling dynamics), illustrating how procedure can operate as a barrier to presenting complex constitutional and record-based arguments.
Washington Courts judgments
3) Direct parallels STF ↔ Scott Stafne the “mirrored” core
Parallel 1 — Access to the record/evidence = the material condition of the adversarial process
STF: restores access to case files as a core defense guarantee by restoring the revoked statutory provisions.
LexML
Scott: argues that without meaningful access and without reasoned decisions on central objections, the process becomes “appearance of adjudication”—form without substance.
Substack · 1
Bridge sentence (ready to paste):
“Without effective access to the record—and without a reasoned decision on the central objections—due process is reduced to ritual.”
Parallel 2 — Professional immunity = defense without intimidation
STF: reinforces that lawyers must be able to argue in the exercise of the profession without criminalization triggered by advocacy speech.
LexML · 1
Scott: describes a pattern in which challenging structural issues is met with institutional resistance; the practical effect can be chilling or suppressing advocacy.
Substack · 1
Bridge sentence:
“Professional immunity is not a ‘license to offend’; it is the minimum shield required so advocacy can confront power without fear of retaliation.”
Parallel 3 — “System error” and the institutional duty to correct
STF: identifies a distortion of parliamentary will caused by a legislative-process error and corrects it via formal unconstitutionality.
LexML
Scott: presses for the system to subject itself to due-process accountability, rather than using procedure to avoid confronting foundational issues.
Substack · 1
4) A key difference (to keep the comparison precise)
STF / ADI 7231: abstract constitutional review; a “top-down” remedy—invalidating the defective revocation and restoring the guarantees.
LexML
Scott: litigation in concrete cases, where the conflict often becomes a “procedural battlefield” over whether the court will actually adjudicate the structural issues and allow full presentation of the defense.
Tribunais de Washington · 1
STF ADI 7231 - Judgment syllabus (ementa) —
EMENTA (literal English translation)
**“SYLLABUS DIRECT ACTION OF UNCONSTITUTIONALITY. INCOMPATIBILITY BETWEEN THE BILL APPROVED AND THE FINAL WORDING OF THE LAW. REVOCATION OF LEGAL PROVISIONS DUE TO A MATERIAL DRAFTING ERROR. ABSENCE OF DELIBERATION BY THE NATIONAL CONGRESS ON THE REVOCATION OF THE PROVISIONS. ERROR ACKNOWLEDGED BY THE CHAMBER OF DEPUTIES, BY THE FEDERAL SENATE, AND BY THE EXECUTIVE BRANCH. DISTORTION OF THE PARLIAMENT’S EXPRESSION OF WILL. VIOLATION OF DUE LEGISLATIVE PROCESS (ART. 59 ET SEQ. OF THE FEDERAL CONSTITUTION) AND OF THE DEMOCRATIC PRINCIPLE (ART. 1, FC). FORMAL UNCONSTITUTIONALITY. GRANTING OF THE CLAIM.
The text of Law No. 14,365/2022, insofar as it revokes §§ 1 and 2 of art. 7 of Law No. 8,906/1994 (OAB Statute), was not the object of deliberation by Congress and, therefore, does not represent parliamentary will, because the revocation resulted from a material error in the preparation of the law’s final wording.
An error in the lawmaking process that distorts the expression of the Legislative Branch’s will gives rise to formal unconstitutionality, for violating due legislative process as provided in art. 59 et seq. of the Federal Constitution, and the democratic principle (art. 1, caput, FC).
The STF’s review of legislative processing is exceptional and limited only to situations in which there is a constitutional basis for judicial intervention. In the present case, the Legislative Branch itself ruled out any allegation that this is an internal parliamentary matter (ato interna corporis), so that this Court may correct the legislative-process error that led to the revocation of §§ 1 and 2 of Law No. 8,906/1994.
The direct action of unconstitutionality is granted to declare formally unconstitutional art. 2 of Law No. 14,365/2022, exclusively insofar as it revokes §§ 1 and 2 of art. 7 of Law No. 8,906/1994.”**
Download
https://portal.stf.jus.br/processos/downloadPeca.asp?id=15379313537&ext=.pdf
STF process :
https://portal.stf.jus.br/processos/detalhe.asp?incidente=6464545
3. European Court of Human Rights (ECHR) - Article 6
* Case of Ramos Nunes de Carvalho e Sá v. Portugal: The European Court reinforced that judicial independence is not only subjective but must be apparent to the "reasonable observer."
"The Grand Chamber held a violation of Art. 6(1) concerning the impartiality and independence of the domestic proceedings regarding the dismissal of the applicant from his post. It found that the majority of the HCJ consisted of non-judicial staff appointed directly by the executive and the legislative authorities. The Court found that the applicant’s allegations regarding personal bias by certain HCJ members were founded, since a member of the HCJ played a role in the preliminary inquiry into the applicant’s case and in making the proposal to the HCJ.
The Court ruled that the Higher Administrative Court (HAC) failed to carry out a sufficient review of the proceedings at the HCJ, since it did not attempt to consider the applicant’s allegation of the lack of impartiality and independence in those proceedings. Moreover, there were serious mismatches between the advanced and actual grounds of review. While the HAC stated that the applicant had not contested the facts forming the grounds for his dismissal, the applicant had argued that the HCJ had not substantiated its findings since it had not referred to the specific circumstances of his case.
Again, this is an important decision for the one under review, in that, as in the latter, it stresses the importance of a judicial review that meets the fair trial requirements contained in the Convention. In this case, since the HAC failed to carry out a sufficient review of the proceedings at the HCJ, this led to a violation of Article 6(1)."
https://cjc.eui.eu/data/data/data?idPermanent=466&triial=1
Decisions without any notice to the plaintiff and Unreasoned decisions (such as the unsigned orders mentioned in Stafne's text) violate the due process and the right to a fair trial.
4. SCOTUS and the "Shadow Docket"
* Institutional Criticism: The increasing use of emergency orders without explanation (such as Justice Elena Kagan's denial in the Church of the Gardens case) has been the subject of criticism by members of the Court themselves (e.g., Justice Sotomayor’s dissent in emergency jurisdiction cases), pointing out that the lack of transparency undermines the democratic legitimacy of the Judiciary.
Where the “foundation” is (institutional criticism: lack of transparency/justification and effect on legitimacy)
A direct foundation (primary source) is Justice Sotomayor’s dissent (in the emergency/shadow docket context), explicitly criticizing the Court’s refusal to justify extraordinary decisions — which supports the thesis of “lack of transparency” as an institutional problem.
Case / number (emergency order + dissent)
No. 24A1153 — Department of Homeland Security, et al. v. D. V. D., et al. (Order of July 3, 2025)
Excerpt (Sotomayor, dissenting — criticism of lack of justification):
“The Court’s continued refusal to justify its extraordinary decisions in this case … is indefensible.”
https://www.supremecourt.gov/opinions/24pdf/24a1153_2co3.pdf�
Another short excerpt (same dissent; criticism of the “content-free/no guidance” mode):
“…it refuses to explain what such conformity would involve.”
https://www.supremecourt.gov/opinions/24pdf/24a1153_2co3.pdf�
Official link (PDF — SCOTUS):
https://www.supremecourt.gov/opinions/24pdf/24a1153_2co3.pdf�
Alternative link (reproduced text — Cornell LII):
https://www.law.cornell.edu/supremecourt/text/24A1153�
Important observation: the phrase “undermines the democratic legitimacy of the Judiciary” usually appears as a synthesis in academic/journalistic commentary about the shadow docket.
The textual anchor (primary source) is in passages like those above (refusal to justify / absence of explanation / lack of guidance), which support the conclusion about impact on legitimacy, but the exact wording can vary depending on the secondary author.
Link : https://www.supremecourt.gov/opinions/24pdf/24a1153_2co3.pdf
GEMINI AI COMPARATIVE ANALYSIS:
1. The Full Text of the Core Theory: Zia Akhtar on "The Rule against Bias: The impact of the Judicial Code of Conduct in England and the need for impartiality in European Court rulings".
The following is the integral abstract and core argument from Zia Akhtar's work, which serves as the theoretical basis for evaluating modern judicial conduct :
Abstract: "The UK Guide to Judicial Conduct" issued in March 2013 sets out the ground rules for judges to refrain from any activity that may give rise to bias.
These include specific guidelines that are set out to preclude such behaviour which may lead to the perception of bias by one of the parties to the case.
It sets out the six principles known as the Bangalore Principles of Judicial Conduct endorsed at the 59th session of the UN Human Rights Commission at Geneva in April 2003, because it was carried out without prior notice or opportunity for defense.
Justice Byles famously invoked the "Garden of Eden" argument to demonstrate that the right to be heard is a primordial law :
"The laws of God and man both give the party an opportunity to make his defence, if he has any. I remember to have heard it observed by a very learned man... that even God himself did not pass sentence upon Adam before he was called upon to make his defence."
Read the full article:
AKHTAR, Zia. The Rule against Bias: The impact of the Judicial Code of Conduct in England and the need for impartiality in European Court rulings. Civil Procedure Review, v. 5, n. 3, p. 20–40, 2014. Available at: https://www.civilprocedurereview.com/revista/article/view/86. Accessed on: Feb 16, 2026.
2. The Contemporary Crisis: Alvin White and the Church of the Gardens
Mirroring the arbitrary demolition in Cooper, the case of Alvin White, Kimberly Rojo, and the Church of the Gardens in Washington State, USA, presents what attorney Scott Erik Stafne describes as a "judicial demolition" of property rights.
The Petition for Discretionary Review (Wash. Supreme Court) challenges the exercise of judicial power in foreclosure-restraint proceedings under RCW 61.24.130.
Stafne argues that the lower courts authorized a nonjudicial foreclosure while committing manifest violations of due process:
Intervention Without Pleadings: The purported beneficiary (Deutsche Bank) was permitted to intervene without filing operative pleadings or responsive answers as required by CR 24(c), depriving the owners of an adversarial framework.
Structural Bias in Funding: The petition raises a threshold constitutional challenge concerning the Washington judicial-retirement system and institutional financial incentives created by 2007 reforms, which reportedly link court funding to outcomes that favor institutional lenders.
Suppression of Records: It is alleged that the trial court failed to file or consider court-ordered submissions, essentially deciding the case on a censored record.
Read Stafne's Petition on Academia.edu:
Washington Supreme Court - Church and White v Clear Recon Corp v Deutsche Bank - Petition for Discretionary Review By Scott E Stafne
This Petition for Discretionary Review asks the Washington Supreme Court to confront threshold constitutional questions governing the exercise of judicial power in foreclosure-restraint proceedings under RCW 61.24.130. Petitioners Church of the Gardens and property owners Alvin White and Kimberly Rojo contend that the courts below authorized a nonjudicial foreclosure while permitting intervention without operative pleadings, declining to adjudicate preserved challenges to judicial neutrality, and affirming judgment without determining whether court-ordered submissions were filed or considered. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Relying on federal due-process doctrine, Washington constitutional provisions, civil-procedure rules, and the party-presentation principle, the Petition argues that these departures from adversarial adjudication undermine both the legality and the appearance of justice in proceedings involving the taking of real property. The filing further raises structural questions concerning judicial-retirement systems and institutional financial incentives that, Petitioners contend, required adjudication before judicial power could lawfully be exercised. <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< Because the issues recur across foreclosure litigation statewide and implicate public confidence in Washington’s courts, the Petition requests supervisory review to clarify the procedural and constitutional limits governing trustee-sale restraint actions.
3. The Shadow Docket and Decisional Opacity
The crisis is further evidenced by the treatment of the case at the level of the U.S. Supreme Court (SCOTUS).
This Supplemental Brief was filed in the Supreme Court of the United States in Church of the Gardens et al. v. Quality Loan Services Corp. of Washington et al., No. 25A842, with regard to the application by the Church and proptery owner seeking emergency relief from Justice Elena Kagan. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> The materials respond to opposition briefing filed by Deutsche Bank National Trust Company in the Ninth Circuit after that court expressly concluded it lacked jurisdiction to adjudicate the stay request <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< Applicants argue that foreclosure proceedings were permitted to proceed before any federal court adjudicated threshold questions of Article III jurisdiction, standing to enforce promissory notes under Washington law, and institutional judicial neutrality. The filings frame these issues not as routine foreclosure disputes or discretionary recusal questions, but as structural constitutional inquiries implicating separation of powers, federalism, due process, and the limits of judicial authority under Articles III and VI of the Constitution. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> The Supplemental Brief further applies Supreme Court precedent governing jurisdiction, judicial impartiality, irreparable harm, and emergency stays, including Steel Co. v. Citizens for a Better Environment, Tumey v. Ohio, Caperton v. A.T. Massey Coal Co., and Coinbase, Inc. v. Bielski. <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< Together, the Declaration and Brief seek to preserve appellate review before allegedly irreversible transfers of real property occur, raising questions about whether courts may permit deprivation of title before resolving their own constitutional authority to act.
Despite the massive and irreparable risk of losing a home and a community church, the court's response has been characterized by unreasoned, unsigned orders—a hallmark of the "Shadow Docket".
Specifically, an order involving Justice Elena Kagan (as found in the archives of Academia.edu) demonstrates the procedural "limbo" faced by petitioners:
SUPREME COURT. Church of the Gardens & White v. Quality Loan Services Corporation of Washington - Denial of Application for injunction pending appeal, submitted to Justice Kagan, By Scott E Stafne.
The plaintiff filled a petition for Discretionary Review
Washington Supreme Court - Church and White v Clear Recon Corp v Deutsche Bank - Petition for Discretionary Review
By Scott E Stafne
Published on February 16th, 2026, on Academia.edu
Abstract
This Petition for Discretionary Review asks the Washington Supreme Court to confront threshold constitutional questions governing the exercise of judicial power in foreclosure-restraint proceedings under RCW 61.24.130. Petitioners Church of the Gardens and property owners Alvin White and Kimberly Rojo contend that the courts below authorized a nonjudicial foreclosure while permitting intervention without operative pleadings, declining to adjudicate preserved challenges to judicial neutrality, and affirming judgment without determining whether court-ordered submissions were filed or considered. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Relying on federal due-process doctrine, Washington constitutional provisions, civil-procedure rules, and the party-presentation principle, the Petition argues that these departures from adversarial adjudication undermine both the legality and the appearance of justice in proceedings involving the taking of real property. The filing further raises structural questions concerning judicial-retirement systems and institutional financial incentives that, Petitioners contend, required adjudication before judicial power could lawfully be exercised. <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< Because the issues recur across foreclosure litigation statewide and implicate public confidence in Washington’s courts, the Petition requests supervisory review to clarify the procedural and constitutional limits governing trustee-sale restraint actions.
Read the full Petition on Academia.edu
From the perspective of a senior constitutional jurist, such unreasoned denials in the face of proven procedural nullities (like the lack of pleadings from intervenors) violate the Bangalore Principle of Competence and Diligence (Value 6), which requires judges to perform duties with transparency to maintain public confidence.
4. Applying the Bangalore Principles to US Case Studies
Nenhum comentário:
Postar um comentário