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Re: [tips_and_tricks] Re: Current § 1983 RE: Suing State Judges

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  • originalfrogfrmr
    ... You have to do more than state it! But it doesn t surprise me to hear of total lawlessness out there today as the system is totally broken. You must
    Message 1 of 13 , Jun 3, 2013
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      > The judge I have been dealing with ignores me when I state she has not
      > perfected her Oath......IN fact she had me held on contempt she got so
      > pissed off. They never had me sign anything at the jail nor did they ever
      > actually charge me but she Ordered $10,000 bond. My case had the same
      > result as the one mentioned below. They completely missed all of the seven
      > elements of jurisdiction. This judge did not get the memo either.

      You have to do more than "state" it!

      But it doesn't surprise me to hear of total lawlessness out there today as
      the "system" is totally broken. You must use EVERY tool at your disposal.
      Make record asking questions they cannot answer. Use the money issue.
      Thanks for fighting back because if all did that it helps. They only have
      lies left.

      Regards,

      FF
    • originalfrogfrmr
      ... It is not a mere objection made too late. You MUST disqualify EVERY act by EVERY imposter! You must make all objections right from the IMOC Initial
      Message 2 of 13 , Jun 3, 2013
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        > I have often wondered about that myself, if they just ignore your
        > objection and go forward, what is your relief? If no one has taken the
        > proper oath, who could even hear your complaint?

        It is not a mere objection made too late. You MUST disqualify EVERY act
        by EVERY imposter! You must make all objections right from the IMOC
        Initial Moment Of Confrontation! You must involve co-conspirators and
        have witnesses. "THEY" only become "THEY" after you link them, as there is
        no "they" otherwise. It is assumed everyone is doing the right thing.
        When you make it obvious that a crime is committed, few will want to sign
        on as accomplices. Nobody will help you, and you must fight everyone
        arrayed against you. Being nice does not help at all.

        Regards,

        FF
      • originalfrogfrmr
        ... Based upon these two paragraphs, traffic tickets were accepted (they waive many rights). At the arrests, immediate appearances before magistrates do not
        Message 3 of 13 , Jun 3, 2013
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          > On 6/2/2013 4:04 PM, jai mann wrote:
          >> I disqualified the Judge on a lack of a constitutional oath but she
          >> went forward any way. Every thing is on the record and she lacked any
          >> jurisdiction to act at any point even if she had a valid oath. If
          >> getting them to step aside was so easy then perhaps this judge didn't
          >> get the memo.
          >
          > Alas this has been my experience on last 4 traffic court encounters -even
          > to
          > point of objecting to 'judge' presenting States case when prosecutor shown
          > to have not oath then thrown in jail for objecting while specially
          > appearing.

          Based upon these two paragraphs, traffic tickets were accepted (they waive
          many rights). At the arrests, immediate appearances before magistrates do
          not appear to have been demanded. The right to a real court via rejection
          of the infraction process (and election to have the case tried as a
          misdemeanor) and acceptance of the "traffic court" may have something to
          do with the outcome. The lack of a separate disqualification proceeding
          with another judge and subsequent appeals may give a clue to the results.

          > Its depressing to present proper pleadings on jurisdiction elements and
          > due
          > process breakdowns being rail roaded over in courts and then get flak by
          > posters we were too ignorant or backed down too easy. One interesting
          > thing I discovered on last two traffic ct face off was 'judge-magistrate'
          > will not and does not look at anything you may have recorded in record
          > before arraignment - Only the docket sheet.

          This proves that the first time the magistrate was seen was at
          arraignment, so rights were already waived. Were all required elements of
          the arraignment present? It's hard to get that here in California.

          > I asked two judges about
          > that and both said until arraignment gotten they did not have reason or
          > duty [jurisdiction] too. Twice last month I was told my charges did not
          > rate a jail sentence if convicted.

          That is proof of the infraction process. to get full rights, you agree
          to a possible jail sentence and treatment as a misdemeanor. It's in our
          state codes. What state has a different process?

          > I brought up lack of verified
          > complaint,

          ...which is waived by acceptance of a notice to appear or "traffic ticket".
          The real verified complaint if it ever could exist could have been made to
          appear if an immediate appearance before the magistrate had been required
          and the complaint demanded then and there IF the arresting impersonator
          could have fooled the magistrate (impersonator).

          > then told not to speak and if I didn't let him enter not guilty I'd be
          > put in jail.

          In California, the accused can demand time to answer, up to seven days. I
          explain my need to have this time to show the fake arraignment documents
          to an attorney and ask his opinion as to how I should plead to them in
          light of the other missing arraignment components. Sometimes I'm jealous
          of all you folks in states where everything is done according to the law,
          where judges and cops have oaths, and arraignments have the required
          elements, where complaints are verified and signed (which never gets
          revealed if a ticket is accepted first).

          > Already tested two judges in two counties at this point objecting
          > to them acting in my behalf w/o my permission to have
          > spent time in their two jails. So I guess I'm not worthy of those who
          > get success every time ahead of time. hobot

          "Testing two judges" implies going through two disqualification processes.
          See California law at Code of Civil procedure 170.3

          (c) (1) If a judge who should disqualify himself or herself refuses or
          fails to do so, any party may file with the clerk a written verified
          statement objecting to the hearing or trial before the judge and setting
          forth the facts constituting the grounds for disqualification of the
          judge. The statement shall be presented at the earliest practicable
          opportunity after discovery of the facts constituting the ground for
          disqualification. Copies of the statement shall be served on each party or
          his or her attorney who has appeared and shall be personally served on the
          judge alleged to be disqualified, or on his or her clerk, provided that
          the judge is present in the courthouse or in chambers.


          (2) Without conceding his or her disqualification, a judge whose
          impartiality has been challenged by the filing of a written statement may
          request any other judge agreed upon by the parties to sit and act in his
          or her place.


          (3) Within 10 days after the filing or service, whichever is later, the
          judge may file a consent to disqualification in which case the judge shall
          notify the presiding judge or the person authorized to appoint a
          replacement of his or her recusal as provided in subdivision (a), or the
          judge may file a written verified answer admitting or denying any or all
          of the allegations contained in the party’s statement and setting forth
          any additional facts material or relevant to the question of
          disqualification. The clerk shall forthwith transmit a copy of the judge’s
          answer to each party or his or her attorney who has appeared in the
          action.


          (4) A judge who fails to file a consent or answer within the time allowed
          shall be deemed to have consented to his or her disqualification and the
          clerk shall notify the presiding judge or person authorized to appoint a
          replacement of the recusal as provided in subdivision (a).


          (5) A judge who refuses to recuse himself or herself shall not pass upon
          his or her own disqualification or upon the sufficiency in law, fact, or
          otherwise, of the statement of disqualification filed by a party. In that
          case, the question of disqualification shall be heard and determined by
          another judge agreed upon by all the parties who have appeared or, in the
          event they are unable to agree within five days of notification of the
          judge’s answer [FF NEVER AGREES!!!], by a judge selected by the
          chairperson of the Judicial Council, or if the chairperson is unable to
          act, the vice chairperson. The clerk shall notify the executive officer of
          the Judicial Council of the need for a selection. The selection shall be
          made as expeditiously as possible. No challenge pursuant to this
          subdivision or Section 170.6 may be made against the judge selected to
          decide the question of disqualification.


          (6) The judge deciding the question of disqualification may decide the
          question on the basis of the statement of disqualification and answer and
          any written arguments as the judge requests, or the judge may set the
          matter for hearing as promptly as practicable. If a hearing is ordered,
          the judge shall permit the parties and the judge alleged to be
          disqualified to argue the question of disqualification and shall for good
          cause shown hear evidence on any disputed issue of fact. If the judge
          deciding the question of disqualification determines that the judge is
          disqualified, the judge hearing the question shall notify the presiding
          judge or the person having authority to appoint a replacement of the
          disqualified judge as provided in subdivision (a).


          (d) The determination of the question of the disqualification of a judge
          is not an appealable order and may be reviewed only by a writ of mandate
          from the appropriate court of appeal sought only by the parties to the
          proceeding. The petition for the writ shall be filed and served within 10
          days after service of written notice of entry of the court’s order
          determining the question of disqualification. If the notice of entry is
          served by mail, that time shall be extended as provided in subdivision (a)
          of Section 1013.


          --------

          and then, if all goes against you, you still have the peremptory
          challenge, which nobody has mentioned using, by filing the required
          affidavit listed in section 170.6.

          It's obvious to me that rights have been waived from the IMOC on. you
          cannot count on people treating you nice. You must take any step offered
          to you by the law that helps to derail your prosecution. Failure to take
          a step may result in outcomes we don't like.

          If you go through the codes carefully, you might find 100 things you
          could require them to follow. They know my agenda sheet has over 100
          lines. They do not want to discuss even a fraction of them. How many
          steps do you guys plan to take in your next case if they don't release you
          at the scene of the arrest? Can I guess?

          1. Accept the ticket
          2. show up on the date on the ticket
          3. Make various verbal objections
          4. Fail to require elements of an arraignment
          5. Fail to ask for time under section 990 or its equivalent
          6. Fail to initiate formal disqualification proceedings
          7. Pay a fine despite claiming to know the money issues

          Regards,

          FF
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