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oaths project

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  • Ron
    It seems Frog Farmer s policy of scrutinizing oaths of public officials is spreading! Look at this. Subject: judge oath problem in NYS
    Message 1 of 1 , Oct 23, 2007
      It seems Frog Farmer's policy of scrutinizing oaths of public
      officials is spreading! Look at this.

      Subject: judge oath problem in NYS


      NYS Oaths Project To Survey State's Judiciary

      Posted on Saturday, 29 of September , 2007 at 10:23 pm

      When The North Country Gazette and the NYS Oaths Project conducted a
      statewide survey of judges during 2003 and 2004, it was learned that
      over 90% of individuals claiming judicial office had never taken and
      filed their oaths of office and bonds as required by law.

      Town and village justices across the state were illegally performing
      judicial duties without having legal title to the office but when it
      was brought to their attention, they poo-pooed the challenge, became
      defensive and said, so what.

      The Association of Towns sent out a directive that confirmed that the
      Oaths Project was correct, that oaths and bonds of public officers,
      including town justices, have to be filed within 30 days of the
      commencement of their term-either elected or appointed-or else by
      matter of law they have vacated the office, in effect refusing to
      serve and they have no authority to perform the duties of the office
      or collect compensation.

      The NYS Unified Court System also quietly concurred, sending out a
      memorandum to town and village justices across the state, informing
      them that pursuant to the Uniform Justice Court Act they had to file
      their oaths and bonds in three places-with the town or village clerk,
      with the county clerk and with the Office of Court Administration.

      If they failed to do so and there was no oath filed, they had no
      office and could not legally be compensated.

      Despite the existing case law, many claimed "just a technicality" but
      the State Legislature said not, it was not. Judges across the state
      and perhaps across the nation were scared that it could open
      Pandora's Box in reopening cases if the judges involved were not
      legally in office. De facto! They cried but that doesn't hold true
      in many cases as one first must legally hold the title to the office
      in order to claim de facto status.

      More than three years since the NYS Oaths Project completed its
      survey, it appears that many justices and judges in the state are
      still not legally in office, they are thumbing their nose at the law
      and continue to sit in judgment of citizens they claim have violated
      the law, exercising a double standard that you have to comply to the
      letter of the law but public officials do not, especially if they're
      claiming to be judges.

      June Maxam, publisher of The North Country Gazette and coordinator of
      the NYS Oaths Project discovered first hand that there is still a
      blatant disregard for the law among public officers, particularly in
      Warren County where law enforcement officers who made false arrests
      of her had failed to file their oaths, the Warren County Sheriff
      hadn't failed either his oath or undertaking, the town justices
      weren't legally in office and the special prosecutors appointed to
      prosecute her for the false arrests hadn't filed their certificates
      of appointments, their oaths or bonds but performed the duties of the
      office anyway and collected thousands of tax dollars illegally.

      Most recently, the Glens Falls City Court tried to resurrect a three
      year old traffic ticket against Maxam which had never been prosecuted
      and motion for dismissal and challenging jurisdiction had been
      pending since February, 2006. The court claimed that Marc Zuckerman
      of Bolton Landing had been appointed special prosecutor to handle the

      However, no certificate of appointment had been filed by Zuckerman in
      the Warren County Clerk's office as required nor had Zuckerman ever
      filed his oath of office. As a matter of law, even if there had been
      such an appointment, without having filed his oath within 30 days of
      the appointment, he vacated the office ipso facto, no other
      proceeding was necessary.

      Following the submission of a second motion, challenging speedy trial
      rights and denial of due process, the ticket was finally dismissed,
      35 months after it was issued.

      Despite the new legislation and memos issued by the state court
      system and others, it appears that public officers and in particular
      town justices are still in gross non-compliance of the law which
      could and should lead to challenges to decisions made by black robed

      The North Country Gazette and the NYS Oaths Project will undertake a
      new project beginning Oct. 10, surveying the 62 counties of the state
      to determine how many of the state's judiciary are currently
      performing the duties of the office unlawfully, illegally plucking a
      paycheck and benefits from the taxpayers of New York totally without
      lawful authority with absolutely no jurisdiction to sit in judgment
      of individuals charged in violating the law, having no authority to
      send people to jail and make decisions that forever impacts the lives
      of others.

      This survey will entail significant postage costs as well as copying
      costs under the Freedom of Information Law. In an attempt to help
      defray expenses, the Oaths Project will accept donations and will
      publish a weekly newsletter detailing the survey progress.
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