Where Find Oaths?
Frog Farmer said the following [one paragraph]:
When you pull over, will you mistakenly
greet an impostor as an officer? Or, might you have already
determined the status of the possible perps who might
attempt to waylay you on your local roads? A field trip
spent gathering oaths of office might someday pay off
handsomely, when after asking the highwayman his name, you
pull out your research and are able to say, "is this your
name? My records show that you failed to file a required
oath of office and bond, and thus have never entered upon
the duties of your pretended office! You have the right to
remain silent - anything you say may be used against you in
a court of law. If you proceed to give me further probable
cause to believe that you are committing the felony of
impersonating an officer in my presence, I am authorized by
law to make a citizen's arrest for an offense committed in
my presence. Would you like to make further admissions and
confessions, or would you like to take this as a warning and
be free to go, not sin again, and have a nice day?"
I've been collecting what everyone has said here lately about Oaths and now I'm ready to ask: Where do you find Oaths of Office? I've been able to find law facts for my state, Illinois, on the internet, i.e. the constitution, statutes, rules of court etc. I think I read in the state constitution or statutes that bond is not required in Illinois for most offices, but oaths of office are required [everywhere I think] for most. But I don't think it mentioned the details about where oaths are to be kept. I think our statutes put most administrative law under our secretary of state, which is the case with Illinois traffic law, for the most part. The secretary of state keeps other records; does it also keep oaths of office for judges, prosecutors, cops etc? Or are they kept at the county seats? How can you tell if the oaths are improper, if they exist?
I like the above advice for traffic stops. Sounds very sensible and like something I should find out for my traffic trial. Which reminds me: You [FF] asked if I considered withdrawing my plea. As I said, I made no plea [I also did not assume that my motions would be rebuttable; I only assumed that the judge and prosecutor might claim or pretend that they would be rebutted], but, if it would somehow help to "withdraw" what I didn't make, I'm entirely willing to consider it, if you can tell me how it would help.
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- Julie Nowman wrote:
> I've been collecting what everyone has said here lately about Oaths andI live west of Nevada. Here, they've moved the oaths all
> now I'm ready to ask: Where do you find Oaths of Office?
over the place, once a lot of people started trying to get
copies. No matter where they move them, they will usually
tell you where you can get them. You just have to ask someone.
> I've been ableI don't think it's as important where they are kept, as much
> to find law facts for my state, Illinois, on the internet, i.e. the
> constitution, statutes, rules of court etc. I think I read in the state
> constitution or statutes that bond is not required in Illinois for most
> offices, but oaths of office are required [everywhere I think] for most.
> But I don't think it mentioned the details about where oaths are to be
as that they are kept somewhere, instead of nowhere.
> How can you tell if the oaths are improper, if they exist?We're lucky here - the required oath is spelled out between
quotation marks in the state constitution (Article XX,
section 3). You state will probably be different. It'll
definitely take some research.
> I like the above advice for traffic stops. Sounds very sensible and likeIf a plea was made, it can be withdrawn. Since you already
> something I should find out for my traffic trial. Which reminds me: You
> [FF] asked if I considered withdrawing my plea. As I said, I made no
> plea [I also did not assume that my motions would be rebuttable; I only
> assumed that the judge and prosecutor might claim or pretend that they
> would be rebutted], but, if it would somehow help to "withdraw" what I
> didn't make, I'm entirely willing to consider it, if you can tell me how
> it would help.
made a general appearance with your motions, you have
nothing more to lose by withdrawing the one that was made in
error. As Dessie said, you did not have Counsel. I've had
many a false arraignment taken back to square one to start
over when obvious errors existed. I've had 9 attempted
arraignments without counsel, always being told to go get
some and come back at a later date. I used to ask, "do I
need to employ a licensed attorney?" to which the answer was
always "yes". I never could find a licensed attorney. Of
course now we know that an attorney is not and cannot be
assistance of counsel. But I didn't know that back then.
I did once withdraw a plea that had been made for me, in
error. The judge assumed I was refusing to enter a plea,
when the reason for my silence was that there was no
complaint to which I COULD enter a plea - no reading of one
to me, no true copy, no list of witnesses, no nothing.
After nine months of failing to arraign me the case was
dismissed when the prosecutor's office ran out of trainees
to put against me. The "judge" had to hide his wide grin
behind his hand as he did it, so nobody could see how much
fun he was having. George Gordon always used to say, "If
you're not having fun, you're not doing it right.
You want to know how withdrawing a plea could help? If a
plea is entered, you're on the way to trial. If no plea is
entered, it's probably because a proper arraignment has not
taken place. You'd be the one to know that. Me, I like
having no plea entered, versus any plea being entered. It's
just my personal preference, as I do not like going to trial.
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- Constitution of the State of Illinois
All your city, county and state officials are required to take and
subscribe to the following oath or affirmation: There should be an
original, with their legal signature recorded with the appropiate
office that is required to record and maintain in the public records.
(see section three (3)
SECTION 1. DISQUALIFICATION FOR PUBLIC OFFICE
A person convicted of a felony, bribery, perjury or other
infamous crime shall be ineligible to hold an office created
by this Constitution. Eligibility may be restored as provided
by law. (Source: Illinois Constitution.)
SECTION 2. STATEMENT OF ECONOMIC INTERESTS
All candidates for or holders of state offices and all
members of a Commission or Board created by this Constitution
shall file a verified statement of their economic interests,
as provided by law. The General Assembly by law may impose a
similar requirement upon candidates for, or holders of,
offices in units of local government and school districts.
Statements shall be filed annually with the Secretary of
State and shall be available for inspection by the public.
The General Assembly by law shall prescribe a reasonable time
for filing the statement. Failure to file a statement within
the time prescribed shall result in ineligibility for, or
forfeiture of, office. This Section shall not be construed as
limiting the authority of any branch of government to
establish and enforce ethical standards for that branch.
(Source: Illinois Constitution.)
SECTION 3. OATH OR AFFIRMATION OF OFFICE
Each prospective holder of a State office or other State
position created by this Constitution, before taking office,
shall take and subscribe to the following oath or
"I do solemnly swear (affirm) that I will support the
Constitution of the United States, and the Constitution of
the State of Illinois, and that I will faithfully discharge
the duties of the office of .... to the best of my ability."
(Source: Illinois Constitution.)
SECTION 4. SOVEREIGN IMMUNITY ABOLISHED
Except as the General Assembly may provide by law,
sovereign immunity in this State is abolished.
(Source: Illinois Constitution.)
Office of the Attorney General
The executive director of the Illinois Rural Bond Bank (hereinafter
referred to as "Rural Bond Bank") also serves as both its treasurer
and its secretary. (30 ILCS 360/2-2(c) (West 1996).) The requirements
of the surety bond for the executive director are set forth in
subsection 2-2(d) of the Rural Bond Bank Act (30 ILCS 360/2-2(d)
(West 1996)), which provides, in pertinent part:
" * * *
(d) Before issuing any bonds or notes under this Act, each public
commissioner shall execute a surety bond in the penal sum of $25,000,
and the executive director of the Bank shall execute a surety bond in
the penal sum of $50,000. The surety bonds shall be:
(1) Conditioned upon faithful perfor mance of the duties of the
office of the commissioner or executive director;
(2) Executed by a surety company authorized to transact business in
the State as surety;
(3) Approved by the Attorney General; and
(4) Filed in the office of the Secretary of State.
* * * "