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Thread: Another trick courts are using re: R4C

  1. #11
    Quote Originally Posted by KnowLaw View Post
    David, I'm not following you here. What is it you are trying to communicate: "...is all that is in the folder!"?

    Could you be more explicit. Which clerk are you speaking about? The one for the USDC? And is there some implication that you are meaning to communicate?
    This would be the local clerk, probably county for traffic. All that was in the case file was the certified copy of the R4C. Nothing else.

  2. #12

    Cattle court visitation

    I have a question for anyone who has been through this recently and has personal experience with visiting a municipal court to present your R4C.

    Because of the way in which the court obtained "a response" from a presumed "fiduciary trust," I'm trying to figure out if traffic courts are now approaching this in a different way in order to catch more victims. Or whether they will recognize a R4C no matter what once it is presented.

    The first time I went through this three years ago, it was a county Justice court that received the citation. At that time, once I learn that the citation was on the court docket, I went to the Justice court and entered a copy of the refusal along with the Cert. of Mailing into the case file. The clerk at the desk accepted it without problem.

    This time, it is a city municipal court that is involved. I went to enter my copy of the R4C and Cert. of Mailing into the file, but the clerk would not accept it. Said that I had to file these with the "judge" on the day the court date was set. I'm presuming, at that time, they want to give the "judge" a chance to contract with me again.

    I'm also assuming that as long as I stay on purpose: "I'm here by special visitation, Rule E(8), to make sure the plaintiff is not defrauding the court; I would like to tender a copy of this refused for cause presentment to the bench please..." and then shut up that I should be okay.

    Does anyone here see a problem with this?

    The reason I'm asking is: I don't trust courts of no record, and I'm not sure if they've devised a scheme to overcome R4C (i.e. other than what I've suggested above).

  3. #13
    Quote Originally Posted by KnowLaw View Post
    I have a question for anyone who has been through this recently and has personal experience with visiting a municipal court to present your R4C.

    Because of the way in which the court obtained "a response" from a presumed "fiduciary trust," I'm trying to figure out if traffic courts are now approaching this in a different way in order to catch more victims. Or whether they will recognize a R4C no matter what once it is presented.

    The first time I went through this three years ago, it was a county Justice court that received the citation. At that time, once I learn that the citation was on the court docket, I went to the Justice court and entered a copy of the refusal along with the Cert. of Mailing into the case file. The clerk at the desk accepted it without problem.

    This time, it is a city municipal court that is involved. I went to enter my copy of the R4C and Cert. of Mailing into the file, but the clerk would not accept it. Said that I had to file these with the "judge" on the day the court date was set. I'm presuming, at that time, they want to give the "judge" a chance to contract with me again.

    I'm also assuming that as long as I stay on purpose: "I'm here by special visitation, Rule E(8), to make sure the plaintiff is not defrauding the court; I would like to tender a copy of this refused for cause presentment to the bench please..." and then shut up that I should be okay.

    Does anyone here see a problem with this?

    The reason I'm asking is: I don't trust courts of no record, and I'm not sure if they've devised a scheme to overcome R4C (i.e. other than what I've suggested above).
    Please carry an audio recorder and don't get beat up over a traffic ticket. The home rule judiciary is actually of a higher authority than the county/state. I am learning how to explain this over the last couple days from a new experience. I identify with METRO organization though UN combinatorial mathematics - WSA ID and Passport. World Services Authority presumes UN charter law.

    Look here though:


    [IMG]www.ecclesia.org/forum/images/suitors/Resignation.gif[/IMG]


    That is something to contemplate; that municipal home rule is the next stage of self-governance that constitutions are drafted to create and protect.

    My heritage is in METRO organization. I was drafting a coram vobis the other day and ending it with a Delegation of Authority - Bond. My first draft I was explaining how I had the authority in my estate - perpetual inheritance - to pass this to the suitor. Then it dawned on me to use Article XX instead and write myself out of the process as priest.


    Regards,

    David Merrill.

  4. #14

    Cattle court visitation

    Quote Originally Posted by David Merrill View Post
    Please carry an audio recorder and don't get beat up over a traffic ticket. The home rule judiciary is actually of a higher authority than the county/state. I am learning how to explain this over the last couple days from a new experience. I identify with METRO organization though UN combinatorial mathematics - WSA ID and Passport. World Services Authority presumes UN charter law.
    Thanks David.

    Yes. The officer who issued the citation seemed convinced that his homey (attorney in black robe) could overcome what the county justice court was not able to. I'm unconvinced about this as a R4C stands as incontrovertible if not properly rebutted. It's all in the paperwork the "judge" has before him. I'm going by what you have previously written: "All that judge is doing is finding facts, or guiding a jury to. So establish all the facts around your R4C."

    I made the mistake of consenting to contact when the officer came up to the window. I was interested in gathering intelligence, to see if certain approaches would deter the LEO. Last time I do that! Went through the whole not traveling in commerce response. Officer was unconvinced; thought he had another victim. Then explained that I had already been to court about this matter and the matter had been dismissed. Showed him a document setting the previous court date and a copy of the refusal of that citation. Looking back in retrospect, there were better actions I could have taken, starting with not consenting to the contact in the first place. And then questioning the officer and not responding to any of his questions.

    What I was asking about in the post of mine you referenced was any tips on handling the "restricted appearance" so that I could have straight in my mind what I needed to accomplish. Do this, don't do that; step by step advice about what I needed to be aware of. I came across some very good information while tooling around on this site, and would like to recommend it to anyone else who might be caught up in a similar matter. The thread is listed below along with the document download links to the information. Much thanks to EZrhythm for posting this. Excellent examples to learn from.

    No Verified Complaint

    Testimony - George's Wife - Charging Inst..doc
    File Type: doc Testimony - George - Verified Complaint.doc


    The information in these two docs doesn't presume presenting a R4C, but rather a more difficult situation wherein R4C was not used, and you have to challenge jurisdiction before a hostile traffic court "judge." What are the things you need to watch out for when confronting the court, what pitfalls can you fall into and how to avoid them, and how can you get your points across without entering into their jurisdiction. The tips in these two Word documents are priceless. They show you how to hold the public official accountable to the constitution and due process. This is the kind of information I was looking for when I asked my question.

    After researching my situation more (and going on previous experience when facing "the system"), I realized that standing mute after presenting the R4C to the court was the paramount thing I had to keep in mind (and not responding to any of the babble coming out of the "attorney in black robe"). No testimony, no contract. And make your stand for however long it takes for the "judge" to realize you're not going to fall for his ruse.

    Keep the procedure simple:

    When name is called, answer: "No sir. I am First Middle here by Restricted Appearance only, to challenge jurisdiction. I am not here to testify, nor to plead, and I do not swear oaths. I would like to tender a copy of this refused for cause presentment to the bench please...to prevent fraud upon this court." Then STAND MUTE!

    If the judge asks anything not having to do with the R4C, THEN remind the ?judge? that you are here by Restricted Appearance, to challenge Jurisdiction ONLY, and to please stay on point!

    Only if it becomes apparent that you have made a mistake and ventured into jurisdiction, say ? "I accept Your Flag, your Oath and your Bond as affirmations, declaring that You are Under Penalty of Perjury." Then attempt to recuse the "judge," and ask for a hearing in Court of Record.

    If anyone can see anything that can be added or subtracted from the above, please speak up.

  5. #15

    Fall back and regroup... Update

    I just came out of the "restricted appearance" on this traffic citation and certain things transpired that I'm endeavoring to figure out. I need a bit of assistance with this so that I can keep this matter on track, if that's possible. They run you through these processes so quickly that you don't have time to figure out what just occurred. So I took a fall back and regroup approach. I think I've figured out parts of what occurred, but would appreciate any helpful comments which might help to clarify and suggest how to proceed from here.

    When I entered the court waiting room, one of the officers had me look at a Notice they wanted read and signed, entitled "Municipal Court of the City of XXXX, Notice as to arraignment, pretrials, trials and sentences." Along with this Notice there was a document they wanted signed that stated that the person acknowledges that they have read the Notice and by signing acknowledges having received a copy of that document. And then it stated in parenthesis: "(DON'T SIGN IF YOU HAVE ANY QUESTIONS.)" I told the officer that I had questions for the judge and declined to sign this.

    There was another court document they wanted me to sign (but they didn't give me a copy of that so I don't recall the exact heading of that document). It had something to do with admitting jurisdiction, and of course I refused to sign that also.

    The "judge" called the name, I stood up slowly and announced at the gate: "No sir. I am First Middle here by Restricted Appearance only, to challenge jurisdiction. I am not here to testify, nor to plead, and I do not swear oaths. What you have is abandoned paper. Under the common law right of avoidance in this matter I would like to tender a copy of this refused for cause presentment to the bench please...to prevent fraud upon this court." The judge went wide-eyed, in surprise.

    I didn't cross the gate to the bar as asked by the "judge." So he sent a court officer (this is municipal court, so they don't have a bailiff) over to escort me to the bar, to which I replied when the officer motioned me to step through the gate: "I object. I'm doing this under protest." And then proceeded to the table to which he directed me.

    When I offered my refusal and certificate of mailing to the judge, he motioned to his court officer not to take it. He then proceeded to read a state statute (13-2810) entitled: "Interfering with judicial proceedings; classification." This, according to the judge, was supposed to be his justification for obtaining jurisdiction.

    It read: "A. A person commits interfering with judicial proceedings if such person knowingly]:
    "1. Engages in disorderly, disrespectful or insolent behavior during the session of a court which directly tends to interrupt its proceedings or impairs the respect due to his authority; or
    "2. Disobeys or resists the lawful order, process or other mandate of a court; or
    "3. Refuses to be sworn or affirmed as a witness in any court proceeding; or
    "4. Publishes a false or grossly inaccurate report of a court proceeding; or
    "5. Refuses to serve as a juror unless exempted by law; or
    "6. Fails inexcusably to attend a trial at which he has been chosen to serve as a juror.
    "B. Interfering with judicial proceedings is a class 1 misdemeanor."

    Not quite understanding what was going on, yet understanding that the statute was never proven to apply to me just because it was read to me, I did what others have suggested to do and stood mute. I'm never quite sure (in the heat of the moment) when I can reply without admitting to the jurisdiction, which is why I stood mute. I can, in hindsight, see where I might have said, had I realized what was taking place: "Without admitting jurisdiction, does the plaintiff or prosecuting attorney [neither of which were present in court] have court admissable evidence that this statute applies to me, First Middle?"

    After this pronoucement from the judge and my failure to respond, I continued to state for the record that I was here under restricted appearance to challenge jurisdiction and that I wanted to submit my papers to prevent fraud upon the court. The judge then accepted the paperwork I wanted to submit, saying "Yes, we'll put this paperwork into the file." He said it almost as though he had gotten what he wanted from the interaction. My consent through not objecting! Can this be challenged?

    At this point, the judge announced and then wrote up an Order to appoint an attorney for my person, to which I objected on and for the record. The judge overruled the objection and kept writing. He did acknowledge my objection (supposedly on the record; although I doubt it). The "Order Regarding Counsel" document states: "Good cause appearing, the court enters the following orders: Counsel appointed - Defendant is given court-appointed counsel. The court clerk shall provide defendant with a card/notice with the attorney's name, address and telephone number. If the defendant fails to contact attorney and stay in contact with said attorney or fails to appear in court as needed, a warrant for defendant's arrest may be issued." When handed this document, I refused to sign. The court officer put in place of the signature: "Refused to sign dAF# 1991." I'm not sure what this signifies!

    The judge then went to another form titled: "Determination of release Conditions and Release Order." This read: "It is ordered that Defendant be released, provided that he comply with the 'Standard Contitions of Release' and all other conditions checked below. If released, Defendant shall appear as indicated: Date XX-XX-XX Time: 2:00 pm Location: Municipal Court." The boxes for "Trial" and "Other, w/ Atty John Smith" (the name of the attorney being appointed) were checked.

    Following this, a boilerplate section stated: "During the pendency of this case Defendant will:
    "1. Appear to answer and submit himself to all further orders and processes of the court having jurisdiction in this case;
    "2. Not commit any criminal offense;
    "3. Notify the Court of any change of address and not leave the state without permission of the Court; and
    "4. If released during an appeal, prosecute the appeal with due diligence.
    "5. Defendant has an obligation to remain in contact with the Court and Defendant's attorney during the pendency of this case."

    Two additional boxes were checked:
    "The Court finds that it is not necessary to impose additional conditions to assure Defendant's appearance as required.

    "The Defendant is not to drive without a valid driver's license."

    The document was dated, and this document I signed as follows: "without prejudice" above the line for the defendant to sign, on which was written "Non assumpsit." The judge wrote in the margin "refused to sign" and initialed it. That was basically the end of the proceeding.

    At this point I'm thinking that I need to accept this this judge's oath, declaring him under penalty of perjury, and disqualify him for cause, and demand a hearing in a judicial court of record. Not quite sure how to go about doing this, though! It may be too late for this?

    I've been reading Bill Thornton's material where he states that: "It is a matter of right that one may demand to be tried in a court of record. By sheer definition, that means that the court must proceed according to the common law (not the statutory law). The only way that a court can suspend that right is by the prior agreement of the parties."

    I'm not exactly certain what actions need to take place in order to do this. Whether I need to write up an affidavit and submit it or what. If you need to ask more questions for further clarification, please ask and I will answer to the best of my recollection.

    I have a couple of questions of my own:

    1. Did I error in not saying anything (objecting) as the judge was reading the statute in order to assert jurisdiction? This seems to me where I likely made an egregious error. Yet if I did, can it be fixed?

    2. Assuming I just screwed myself by consenting to jurisdiction, is there a way to appeal this in a court of record? Or some other way to handle it?

    3. Can my objection at the bar gate be used to override these whole proceedings, since this objection occurred prior to the judge's shenanigans? Can this be stated in an affidavit and used to override everything that went after it?

    At the moment, I've got a real sinking feeling. I'm hoping someone here can help me to correct that!

  6. #16
    I have some questions. I have read through the thread here.

    Do you have a collateral evidence repository? I asked you by inserting the question on Page 1 in red; maybe you missed it? You seem confused when I started speaking like you knew about this. You are behooved to have a case opened in the USDC to acquire the 'exclusive original cognizance' of the US government with the federal clerk of court. This is what we (William THORNTON and myself) mean by court of record. If you are letting them keep the only record then you make them the court of record even though they are technically a court not of record.

    The other thing; did you hand the police officer a driver license? How did you sign it?

    If you signed it with your legal name then you have already identified yourself to the court through that signature.

    When you approached the bench with that R4C in hand, it should have been marked a true and correct copy of the document in your USDC evidence repository by the US clerk of court. Was it?


    Please forgive me if I have missed something or forgotten details.

  7. #17
    I should not speak for William THORNTON just because I have seen him lecture. What I am saying is that he would not disagree with the statute-described definition.


    ANNOTATION

    The acts of a court of record are known by its records. Judicial records are not only necessary but indispensable to the administration of justice. The court judgments can be evidenced only by its records. The acts of a court of record are known by its records alone and cannot be established by parol testimony. The court speaks only through its records, and the judge speaks only through the court. Herren v. People, 147 Colo. 442, 363 P.2d 1044 (1961).
    Look at the Colorado Constitution though:


    Section 23. Trial by jury - grand jury. The right of trial by jury shall remain inviolate in criminal cases; but a jury in civil cases in all courts, or in criminal cases in courts not of record, may consist of less than twelve persons, as may be prescribed by law. Hereafter a grand jury shall consist of twelve persons, any nine of whom concurring may find an indictment; provided, the general assembly may change, regulate or abolish the grand jury system; and provided, further, the right of any person to serve on any jury shall not be denied or abridged on account of sex, and the general assembly may provide by law for the exemption from jury service of persons or classes of persons.
    But you saw in the statutes:

    TITLE 13. COURTS AND COURT PROCEDURE
    COURTS OF RECORD
    ARTICLE 1.GENERAL PROVISIONS
    PART 1. ADMINISTRATIVE PROVISIONS


    C.R.S. 13-1-111 (2012)

    13-1-111. Courts of record



    (1) Each of the following courts shall have a seal and shall be a court of record:

    (a) The supreme court;

    (b) The district courts;

    (c) The county courts;

    (d) The juvenile court in the city and county of Denver;

    (e) The probate court in the city and county of Denver;

    (f) Any court established by law and expressly denominated a court of record;

    (g) Repealed.

    (h) The court of appeals.

    Therefore a traffic trial in front of a jury of six is a court not of record, with no authority except what you have granted by letting it get that far.

    I hope you are starting to get clear of the sinking feeling.

    If you become the court of record then start keeping a record of the judge's and prosecutor's oaths of office - the DA too. Know the bill of rights and put them on notice in open court that they cannot proceed as a court not of record. If it was here then that means the judge would have to set a panel of twelve and of course his oath would be in the record etc. If you know the Bills of Rights then mind his "p"s and "q"s for him. As soon as he has violated your rights tell him the deal is off. If he insists on proceeding then let him know what you charge for such a performance if he forces you to be an actor.


    A lien is not the way to go for you though, from what I have read above. You will likely end up in prison unless you can get your mind wrapped around record forming.



    Regards,

    David Merrill.


    Last edited by David Merrill; 09-12-12 at 12:59 AM.

  8. #18
    I apologize for not responding before now. We had a storm go through our area on Sunday and the power was out for a day and a half, and during that my phone went down so I haven't had Internet capability for the past four plus days. The court hearing for arraignment was Tuesday morning, so the prior two days I was busy dealing with the power outage and unable to continue preparing properly (not that it would have done any good) for the court matter. So, I got steamrollered (cognitive dissonance) in that first hearing. Took me half a day just to figure out what happened! I'm not very good in verbal jousting, thinking on my feet (unless I have a good foundation in the material of study, which in this case I didn't).

    I'll respond to the questions posed in your first post, David, then address your second post, which I found intriguing. Hopefully, we can make this thread helpful to others who find themselves in a similar situation. A kind of "step one: do this; step two, do that" etcetera.

    I have not set up an evidence repository with the USDC. But I do keep a personal evidence repository of all things filed (affidavits, citations, letters and such) concerning any issue at hand so that I can submit them when needed. And yes, I agree with your statement following; this is my intention and what I'm doing at present: "If you are letting them keep the only record then you make them the court of record even though they are technically a court not of record."

    2nd question: No. I don't have a driver license. He took the information from an invalid computer record of my canceled (in my eyes; suspended in theirs) auto registration (haven't figured out how to get rid of the Certificate of Title to the car). I signed "without prejudice" above my First Middle name. The judge acknowledged that in court when I mentioned it.

    3rd question regarding a true and correct copy of the document in your USDC evidence repository: This is irrelevant (not applicable since there is no USDC repository). I did tender a photocopy of my original photocopy of the refused for cause presentment, the original Defendant's copy of which went back to the issuing officer. I also tendered my Certificate of Mailing.

    Re: Your 2nd post.

    It's Thursday afternoon and I still do not have Internet capability (service techs have not shown up yet), so I haven't been able to access the links in your second post yet. I was able to post the request to my thread using a local Library WiFi. Didn't have much time to do much else.

    This is the area where I need specific details about how to go about accomplishing the general instructions provided in your reply. I've never done any of this before, so its all new to me! I'm learning on the fly. I am able to follow detailed instruction, though. I just need to know where to go to obtain the information or documents needed, or a sample of a Notice and Demand letter so that I can write one applicable to my matter.

    While this is all second nature to you, how do I get hold of the judge's and prosecuting attorney's oaths of office? Where do I need to go to obtain certified copies, and will it cost very much? Is it really necessary to obtain (in this instance) the DA's oath? Is a DA likely to be brought into a municipal city matter like this?

    "Know the bill of rights and put them on notice in open court that they cannot proceed as a court not of record." Okay. Excuse me for possibly being obtuse here. So how would I go about doing this? What words would I use, what legal issues need to be emphasized? How would I go about doing this in open court? I read in a Court Survival Guide I downloaded from the old Worldnewsstand.net website something about filing a request for a Special Appearance. This, presuming the judge approved it, would allow me to have a hearing to address just this matter, yes.

    If yes, then this presents another obstacle for me. I've never seen a request for Special Appearance. Where could I find a sample similar to what I need to have done? And do I need to specify in the request what the special appearance is in regard to? (Sorry for all the questions; I just don't want to make any mistakes. I just need directions to know where and what to look for.)

    "As soon as he has violated your rights tell him the deal is off. If he insists on proceeding then let him know what you charge for such a performance if he forces you to be an actor." Okay. Again, how would I phrase this? I presume this would be done in open court, too.

    I'm much better with producing paperwork for the record than in having to joust with a judge or prosecutor in court. Is there any way that I can get things on the record through the use of affidavits and other such notices?

    Some additional information you need to know:

    I previously filed with the state Dept. of Transportation and the County Sheriff and subsequently with the county recorder back in 2008 a sworn Affidavit of Administrative Notice regarding the travel issue. I used this affidavit in a previous traffic stop by a highway patrolman who basically ignored it, but which matter was settled in a justice court with a R4C presentment that I was able to enter into the court case file prior to any court appearance. It was therefore within the court's cognizance.

    Might this affidavit be used in this instance as a prior "notice to principal is notice to agent" type thing where the gov't agencies were legally put on notice about this matter? A copy of the affidavit is attached. (Sorry for the wordpad text file; system wouldn't allow rich text format.) I ask this because of the following, which I found in my research:

    Commercial processes (including this affidavit and the required responses to it) are non-judicial and pre-judicial because:

    a) No judge, court, government, or any agencies thereof, or any other third parties whatsoever, can abrogate anyone's affidavit of truth; and

    b) Only a Party affected by an affidavit can speak and act for himself and is solely responsible for responding with his own affidavit of truth, which no one else can do for him.

    No third party can invalidate someone's affidavit of truth. To act against such an affidavit is to create a situation and/or enhance the condition of a Mixed War.

    A Mixed War condition exists where "authorities" have violated their oaths of office, violated the fundamental law they swore to uphold and protect, violated the codes, statutes, and regulations that govern them and in so doing disregard the peace and safety of the community by their acts, operating as Agents for undisclosed Foreign Principals or Governments against those whom they swore to protect. Such acts of Treason constitute a secret war against the people.
    I'm not sure how a municipal court judge of no record would handle this submission. It is obviously coming from a jurisdiction (common law) foreign to his own. But when it said: It is pre-judicial and "No judge, court, government or any agencies thereof. . . can abrogate anyone's affidavit of truth," that pretty much told me that this was powerful stuff. It seems to override any government's jurisdiction. Whether or not they recognize it, though, is another story.

    Maybe obtaining the oaths of office, swearing out an affidavit of accepting the oaths of office of both the judge and prosecuting attorney, and submitting that along with the Affidavit of Administrative Notice to the court somehow (not sure whether I can just submit it into the case file or whether I need to request a Special Appearance hearing to do it). Any ideas about this?

    Just occurred to me: In the Court Survival Guide it mentioned a strategy to put in a Motion To Withdraw Plea "to remove your implied consent to the court's jurisdiction. By vacating your plea of Not Guilty, technically the venue and Jurisdiction is removed. So here is where you can again use the Notice of Special Visitation and of Foreign Law, and the Judicial Notice of Military Flag and Challenge of Jurisdiction. Make sure the court agrees to vacate your previous Plea, before you say anything more. Before you are required to enter a new Plea, present these 2 notices and demand the resolution of jurisdiction.

    "Now the court will now be up against the wall, because it must stop everything and make a legal determination as to whether the court even has jurisdiction. Because it no longer has your plea, it no longer has your consent to their implied and assumed jurisdiction."

    I'd rather do something that doesn't require me to speak much, but just enter paperwork on the record to challenge jurisdiction. Don't want to get crossed up like the first time, when I wasn't prepared for the judge's reply. The devil is in the details in this! But if I know ahead of time how he is likely to respond, then I can have a statement ready to rebut (or whatever) his reply. As long as I know what to say (no matter what he may say, if he's being belligerent) I'll be okay.

    It says in the Court Survival Guide about this: "Immediately Motion for Dismissal for lack of jurisdiction, as soon as they try to dance around it. If the judge doesn't dismiss the case now, then Object, or Recuse (dismiss) the Judge for obvious bias against you, and place him/her on notice of your intent to Appeal his/her judicial error. This is their mistake for sure." That is, recuse the judge and demand a hearing in a judicial court of record. So I guess that answers my question about what to do if the judge tries to wiggle out of dismissing the case.

    Thank you for any information you may be able to provide.
    Attached Files Attached Files

  9. #19
    Quote Originally Posted by KnowLaw View Post
    I apologize for not responding before now...

    I'll respond to the questions posed in your first post, David, then address your second post, which I found intriguing. Hopefully, we can make this thread helpful to others who find themselves in a similar situation. A kind of "step one: do this; step two, do that" etcetera.

    I have not set up an evidence repository with the USDC...

    2nd question: No. I don't have a driver license. He took the information from an invalid computer record of my canceled (in my eyes; suspended in theirs) auto registration (haven't figured out how to get rid of the Certificate of Title to the car). I signed "without prejudice" above my First Middle name. The judge acknowledged that in court when I mentioned it.

    Technically you have won your case. At trial you ask the arresting officer how you identified yourself? Suppose you told the officer you are First Middle and he did not believe you? However it would be good if you gave him some kind of ID card with First Middle on it - even a driver license signed "First Middle" is good. Before I had a WSA ID card I carried a Certificate of Search from the USDC on David Merrill.

    By bringing out the testimony that he never heard you when you identified yourself however, you expose an error in jurisdiction.


    3rd question regarding a true and correct copy of the document in your USDC evidence repository: This is irrelevant (not applicable since there is no USDC repository). I did tender a photocopy of my original photocopy of the refused for cause presentment, the original Defendant's copy of which went back to the issuing officer. I also tendered my Certificate of Mailing.

    There is a recognized legal principle that, if "all" judges have conflicts of interest, then "any" judge can hear the case. (The issue comes up from time to time in cases involving the compensation of judges or other matters affecting all judges.) - United States v. Will, 449 U.S. 200 (1980).
    Without an evidence respository the court not of record is holding the highest record.

    Re: Your 2nd post.


    This is the area where I need specific details about how to go about accomplishing the general instructions provided in your reply. I've never done any of this before, so its all new to me! I'm learning on the fly...

    While this is all second nature to you, how do I get hold of the judge's and prosecuting attorney's oaths of office? Where do I need to go to obtain certified copies, and will it cost very much? Is it really necessary to obtain (in this instance) the DA's oath? Is a DA likely to be brought into a municipal city matter like this?

    The DA is responsible for the legal training of police officers. This oath of office is bogus and exposes a vacant DA office. See below how there is no oath before God as prescribed by tradition and by statute? In Colorado county and municipal oaths are found at the county clerk and recorder while all district and state oaths are found at the secretary of state. Here is a valid oath; see how it looks like a bond. Look at Dan MAY's $5K insurance policy again. Pathetic! All that is to me is a confession that he knows his oath of office is bogus!

    The acquirement of oaths must be convenient and cheap, wherever you are in America.


    "Know the bill of rights and put them on notice in open court that they cannot proceed as a court not of record." Okay...


    I am really talking about reading the bills of rights in your state and the federal constitutions. All actors who have sworn to uphold the constitutions (presuming all the oaths are valid) must adhere to these rights. In your situation you are probably sunk on most of the other issues; like how to abate for misnomer etc. that may fly, maybe not but you have to wait until you are in the fire to see if the extinguisher is full if you know what I mean. You will probably win by insisting on a court of record and since it is a court not of record you have to demonstrate competence by forming the record yourself. With that (and all the oaths of office) in the Record then you will be able to do things like (if you were in Colorado) make the judge form a panel of 12 jurors for traffic court. The judge would be so reluctant to do that he would likely beg the prosecutor to lose the witness and throw the trial.


    If yes, then this presents another obstacle for me. I've never seen a request for Special Appearance. Where could I find a sample similar to what I need to have done? And do I need to specify in the request what the special appearance is in regard to? (Sorry for all the questions; I just don't want to make any mistakes. I just need directions to know where and what to look for.)

    I am speaking about a Restricted Appearance Rule E(8) in the US District Court and simply to form the Record with a competent clerk of court.


    "As soon as he has violated your rights tell him the deal is off. If he insists on proceeding then let him know what you charge for such a performance if he forces you to be an actor." Okay. Again, how would I phrase this? I presume this would be done in open court, too.

    I'm much better with producing paperwork for the record than in having to joust with a judge or prosecutor in court. Is there any way that I can get things on the record through the use of affidavits and other such notices?

    Some additional information you need to know:

    I previously filed with the state Dept. of Transportation and the County Sheriff and subsequently with the county recorder back in 2008 a sworn Affidavit of Administrative Notice regarding the travel issue. I used this affidavit in a previous traffic stop by a highway patrolman who basically ignored it, but which matter was settled in a justice court with a R4C presentment that I was able to enter into the court case file prior to any court appearance. It was therefore within the court's cognizance.

    Might this affidavit be used in this instance as a prior "notice to principal is notice to agent" type thing where the gov't agencies were legally put on notice about this matter? A copy of the affidavit is attached. (Sorry for the wordpad text file; system wouldn't allow rich text format.) I ask this because of the following, which I found in my research:

    Possibly. What I see is that you are getting your mind wrapped around record forming. Get it into the Record of the muni court. It should show that it is in the record of the Administrative Agency you mentioned though - marked by them and returned or have a certificate of mailing etc.

    I'm not sure how a municipal court judge of no record would handle this submission. It is obviously coming from a jurisdiction (common law) foreign to his own. But when it said: It is pre-judicial and "No judge, court, government or any agencies thereof. . . can abrogate anyone's affidavit of truth," that pretty much told me that this was powerful stuff. It seems to override any government's jurisdiction. Whether or not they recognize it, though, is another story.

    Maybe obtaining the oaths of office, swearing out an affidavit of accepting the oaths of office of both the judge and prosecuting attorney, and submitting that along with the Affidavit of Administrative Notice to the court somehow (not sure whether I can just submit it into the case file or whether I need to request a Special Appearance hearing to do it). Any ideas about this?

    Yes! That sort of thing. If you have been keeping Return Receipts and such then you are keeping a record! The USDC evidence repository is a competent clerk for you to use in the cognizance of the US government.

    Just occurred to me: In the Court Survival Guide it mentioned a strategy to put in a Motion To Withdraw Plea "to remove your implied consent to the court's jurisdiction. By vacating your plea of Not Guilty, technically the venue and Jurisdiction is removed. So here is where you can again use the Notice of Special Visitation and of Foreign Law, and the Judicial Notice of Military Flag and Challenge of Jurisdiction. Make sure the court agrees to vacate your previous Plea, before you say anything more. Before you are required to enter a new Plea, present these 2 notices and demand the resolution of jurisdiction.

    Indeed you will screech the proceedings to a halt every time you mention, I have not been arraigned. However that continues from Square One and will land you an appointment with a court-appointed psychologist for a competency hearing. That could be deadly or destroy your mind over a traffic matter?


    "Now the court will now be up against the wall, because it must stop everything and make a legal determination as to whether the court even has jurisdiction. Because it no longer has your plea, it no longer has your consent to their implied and assumed jurisdiction."

    I'd rather do something that doesn't require me to speak much, but just enter paperwork on the record to challenge jurisdiction. Don't want to get crossed up like the first time, when I wasn't prepared for the judge's reply. The devil is in the details in this! But if I know ahead of time how he is likely to respond, then I can have a statement ready to rebut (or whatever) his reply. As long as I know what to say (no matter what he may say, if he's being belligerent) I'll be okay.
    (Continued)
    Last edited by David Merrill; 09-14-12 at 02:40 PM.

  10. #20
    (Continued from above)

    It says in the Court Survival Guide about this: "Immediately Motion for Dismissal for lack of jurisdiction, as soon as they try to dance around it. If the judge doesn't dismiss the case now, then Object, or Recuse (dismiss) the Judge for obvious bias against you, and place him/her on notice of your intent to Appeal his/her judicial error. This is their mistake for sure." That is, recuse the judge and demand a hearing in a judicial court of record. So I guess that answers my question about what to do if the judge tries to wiggle out of dismissing the case.

    Thank you for any information you may be able to provide.
    I have never read the Court Survival Guide and do not even have an unread copy in my library.

    One thing I note though is that most of these manuals do not consider that the judge considers you a willing actor and as such he has full jurisdiction until things are proven otherwise.

    A court-martial always has jurisdiction to determine whether it has jurisdiction...

    So is the condition of the ongoing Emergency still manifest in the economy. Page 1. Page 2.

    A practical way to view the same scenario is that the judge is preparing you for your day in court. It is only after conviction (or under oath on the stand) that the court will be hearing from you. Until then all the judge hears is your attorney. It is called allocution.



    See that? Entered into the record.

    If you want my advice though, plead out and pay up. All this about record forming and being the court of record is something to have between your ears before you get into this kind of trouble. If you got into an accident and broke a little kid's arm could you be responsible? That is key to being competent.

    The Suitors I speak of here mostly have driver licenses that they sign "First Middle" complete with registration (no tax) and insurance. The others who drive have a bond (they are wealthy). Suitors are competent and that is synonymous with responsible.

    Mainly though you can teach yourself the proper redemption model of Jesus CHRIST by making your demand for lawful money. That can teach you to wrap your mind around remedy (redemption).



    Last edited by David Merrill; 09-14-12 at 02:43 PM.

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