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Thread: Another trick courts are using re: R4C

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  1. #12
    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    (g) Repealed.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.

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