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Where Find Oaths?

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  • Julie Nowman
    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
    Message 1 of 4 , Aug 8, 2003
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      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.

      Thanks much


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    • Frog Farmer
      ... I live west of Nevada. Here, they ve moved the oaths all over the place, once a lot of people started trying to get copies. No matter where they move
      Message 2 of 4 , Aug 11, 2003
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        Julie Nowman wrote:


        > 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 live west of Nevada. Here, they've moved the oaths all
        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 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 don't think it's as important where they are kept, as much
        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 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.


        If a plea was made, it can be withdrawn. Since you already
        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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      • bowman7a
        Constitution of the State of Illinois ARTICLE XIII GENERAL PROVISIONS All your city, county and state officials are required to take and subscribe to the
        Message 3 of 4 , Aug 14, 2003
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          Constitution of the State of Illinois
          ARTICLE XIII
          GENERAL PROVISIONS

          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
          affirmation:
          "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.)

          http://www.legis.state.il.us/commission/lrb/con13.htm
        • bowman7a
          Opinions Office of the Attorney General The executive director of the Illinois Rural Bond Bank (hereinafter referred to as Rural Bond Bank ) also serves as
          Message 4 of 4 , Aug 14, 2003
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            Opinions
            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.

            * * * "
            (Emphasis added.)


            http://www.ag.state.il.us/opinions/99-002.htm
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