A Process for The People to Access the Courts Sui Juris: of his own right; authority; possessing full social and civil rights; having capacity to manage one's own affairs The Truth in the Record: Lawful Due Process. A court is a place to make a Public Record. A Plaintiff, a Defendant, a neutral judge to a jury decision, in all cases Constitutionally protected.
Inalienable Rights: Rights which are not capable of being surrendered or transferred without the consent of the one possessing such rights. (Morrison C State, Mo, App., 2422 SW 2d 97, 101) Sovereign: A person, body or state in which Supreme authority is vested. (The Supreme Authority formerly belonging to the King was vested in The People - freeborn Natural Persons, in the US Constitution and Bill of Rights through a Republican form of government.) Where is YOUR SOVEREIGNTY in this hierarchy?
An innocent, Natural Man or Woman is literally "above the Law". He or she stands ON this Constitutional foundation as revealed in the diagram above. The restrictions apply to Government from the Constitution down through the Administrative and Corporate structures and are not applicable to Free, Natural persons. The Constitution does not bestow rights on anyone. Your Inherent Rights come from your Creator. You possess them yourself, naturally. The Constitution is a restriction on the government, not on you, preventing your sovereign, Inherent Rights from being violated. Your sovereignty exists literally where you stand, and by birthright, reiterated by the Constitution. Yet most people mistakenly think of themselves "below" the standing of an attorney. Seeing themselves at the bottom of this pyramid, they are "standing under" or "understanding" that they gave their rights up when they agreed to allow someone else to "represent" them. (Now you know what you just gave the judge when he asked if you "understood" what he was doing to you in court ! And you said "yes", NOT understanding at all that it means you "stand under" in agreement with his process. The court from then on says you "admitted" that you "understood" the "charges".
An Inherent Right is a RIGHT, not a privilege, the exercise of which cannot lawfully be restricted with a tax or license or permission by the government.
The diagram above rightfully outlines the hierarchy wherein our freedom and Republican Authority of the People is found and which Authority must be asserted and exercised.
Chapter 2 SUI JURIS = SOVEREIGNTY Who is the authority in YOUR Life?
The concept of Sui Juris is to experience the meaning of personal Sovereignty. Not in the abstract, but in a REAL experience. "To KNOW"
How do you react when you are tempted or told to compromise your integrity?
How do you react when you are afraid?
How do you respond when you are called before some authority, and you know your rights or the rights of someone else are being violated?
Do you speak out?
Do you look away?
Do you stand up to the abuser, or sit speechless and terrified if the abuser is wearing a black robe and sheriffs are surrounding you to stop you from speaking? Do you respond from a place of fear?
Do you act from a place of confidence, knowing your Inherent Rights and demanding that the abusers uphold the Law and allow your rights to be protected? Are you a victim subject to their trained intimidation, or knowing you have the right and power to access the Public Record, do you act like these judges and agents of the court are public servants who work for you?
The Equal process of Law is that All Men (and Women) are Created Equal before God, Our Creator. We are born with Inherent Rights, given to us by God. The Constitution does not GIVE rights to people, and there are no "constitutional rights". The Constitution is our contract at birth that RESTRICTS GOVERNMENT to PROTECT INHERENT RIGHTS. It is a common error that people believe that the constitution gives them their rights. Your birthright is from God. The concept of Sovereignty must be experienced to understand the difference.
Wherever you stand - you put out your arms - there is where you have "landed". That is your "sovereign space". Just like a King landing on some foreign territory, planting a flag, and declaring his sovereignty, wherever he landed, his Kingdom established.
In your sovereign space, which extends to your home and personal abode, whether that be a box or a car or a cave or a mansion, and including state sovereignty, your Inherent Rights are to be protected, and your sovereign space is not to be violated, for yourself, your Offspring, and your Family Body. Constitutionally, YOU ARE A KING OR A QUEEN in your castle, as the Bill of Rights gave the common man the sovereignty that previously belonged only to the King.
Everywhere you go, your personal sovereignty goes with you, and you cannot "give" it up - it is your Natural Human Rights, to breathe, and to eat, to think, to speak, to live unmolested and to rear your children in your family according to your beliefs.
As many people grow up, they develop "dualities", or images of something they DO, confused with who they ARE. They view the world from the perspective of their personal illusions, and live in a mode of protecting the images they are upholding. Sovereignty cuts right through this "image", because the "image" can be compromised, and believe me, that is exactly what the judge will do to you in the courtroom if you challenge them. People think they will react a certain way when they stand outside of a courtroom, yet most people have no experience at all, and do not realize that the EXPERIENCE, IN COURT, of these concepts is very different from THINKING about it.
We have heard it called "the gravity effect" wherein most people get into a courtroom and clam up, terrified to speak, big strong men who moments before were full of themselves, with how they were going to confront their abusers, but in the courtroom they're completely intimidated and deferring to the judge. The judges and attorneys are seasoned vultures, trained to watch your every move and word, constantly assessing their prey for vulnerabilities, and for the common man to think he will play their game and win, is a fatal error every time. This Sui Juris process cuts through the facade they are enacting, and allows the Truth to be revealed.
Most people benefit immediately from learning to understand what they are in the middle of. The schemes and plots are being acted out right in the open, the attorneys have not hidden their corrupt practices, these deceptions are routine, used in the courtrooms every day. The blindness is because the People do not know what they are looking at, or HOW DIFFERENT IT IS SUPPOSED TO BE. The first part of this book will discuss from various angles the nature of the Beast that devours us, and anyone involved in the courts will recognize immediately the corrupt methods that are outlined here.
The trained "robot" agents of the state always act the same way, at every level, are reflection of each other. The fish rots from the head down, and from the top of the American government there is complete unaccountability at this time, a fetid decay and perverted morality, without exception. This global agenda is being enforced against our Constitutional Republican government and State sovereignty.
The courts operate from the perspective that you are a commodity under corporate status, called "state property", an "asset", and the judge has complete control over you and your life. He will find out what you fear, what you think you are, what image you're upholding, then the court will use that to strip from you everything you love and have worked for, unless you cooperate with their process, or if you dare to confront their abuse. This is the scene that you are confronting anytime you go into a court today, and any time your name has been entered into any state database for any reason, even if you go to the state for some kind of assistance. The money is being made from your rendering in the system, and your children, and the whole "21st Community" goal is a society that does not rebel when told to give up their sovereignty and not allowed to protect themselves or their families anymore. You have to be FEARLESS of anything the judge does to you when you know you are RIGHT - REFUSE to back down, and appeal anything they do. THIS BOOK WILL SHOW YOU HOW.
When you walk into a courtroom, and a judge strips you of your Inherent Rights, he does not inform you that he is doing this. He allows you to be deceived into thinking that he is actually upholding the oath he took to protect your rights in that courtroom.
He is, without you realizing it, bringing you into a foreign jurisdiction, which is the same as stepping into another country, and it is Treason for the courts to do this.
We have, over the past century, allowed others to do our thinking for us, without adequate Citizen oversight of government activities. We have allowed the bar association judges and attorneys to control all three branches of government. In fact there are NO branches now, they are called "departments". The Bar has created a protection operation in their own interest and accruing interest- as in, money off of - their global manipulations.
We have collectively trusted our public servants and assumed that the courts in America were constitutional, as they give lip service to an oath. We have learned that insidiously, our rights have been undermined in the courts, as more and more Citizens are being stripped and their Families, destroyed without Due Process of Law.
When a person begins to understand that Constitutionally "all authority is inherent in the People" and that all are equal before the Law, the facade becomes apparent in the courtroom setting. When the Citizen confronts another human on the same level, there is no control and intimidation, only a determined Citizen insisting on what is Lawfully his from a public servant who is supposed to be protecting him, and instead is his attacker.
Once the fear is gone, you see that it is a theatre going on - actors in scripted parts, using trained methods. Often everyone in the courtroom know each other and work for the state except you. It is exactly like the Wizard of Oz when the curtain is pulled back revealing the "great Oz" is nothing more than a putrid, pitiful, scheming old man putting you in harms way and exposed for the fraud that he is.
Sovereignty is your humanity, and it is based on family. The People are the only Lawful authority. We do NOT live in a DEMOCRACY - that is another misconception - we live in a REPUBLIC, where the "Authority is inherent in the People". The language is exploited at every turn to deceive the Citizens into buying into their own destruction and not realizing it. The People have to see all the pieces in order to make correct and responsible decisions.
The confrontation with the truth has been kept out of the courtrooms for many years when the government is the defendant. The facade has been upheld by compromised bar member judges, attorneys and legislators whose bank accounts are dependant on profiteering and exploitation. The People are beginning to realize that this is a real slick deception, literally the biggest protection racketeering operation in the world, shattering any preconceived notions about truth, justice and integrity in America at all levels of court and government. "Facts are not an issue", as judge William O Lewis stated on the Record in an Oregon courtroom. This insane declaration could have come from the mouth of Lewis Carroll's Through the Looking Glass and Alice in Wonderland character, "Humpty Dumpty", the master of words and deceptions. Eventually that egg broke!
The counterfeit statutory system relies on deception to keep it sustainable, and the fear of the people to say no, keeps it fed. Whenever you lose your children, your property, your inheritances, your money, your freedom, or anything of value, it is taken from you in a courtroom. The Fifth Amendment to the Bill of Rights guarantees that if anything is taken from you that you must be allowed a fair hearing, a trial by jury and Constitutional Judicial Due Process, and just compensation if it is not returned. None of this is being enforced at this time. Additionally, plans are being implemented called Justice 2020, the "Community Courts of Tomorrow" and "21st Century Courts", assessment centers and permanent, shared databases for the STATE, with all Constitutionally protected Inherent Rights removed. Much of the agenda is already in place, and must be stopped.
This Sui Juris process is the way the common Person can get into the Record with their facts, force the court to let them speak and make the Record, and start holding government employees and judiciary accountable for their criminal acts. The whole bottom line of a court is you present facts, they have to dispute your facts, and you dispute whatever lies are being told- who ever cannot FACTUALLY dispute (denial is not enough) the other sides facts - WINS ! That is, in an unbiased, court of justice.
This is how you bring the facts that they have to dispute into the Light of Public Exposure. The key to exercising our Sovereign Authority is to know what that feels like in the first place. As our Constitutionalist friend William Mayhar, who has personally paid a dear price for the knowledge we are sharing, says " KNOW RIGHTS OR NO RIGHTS" and "you have rights you never dreamed of" once you understand and experience the full meaning of Sovereign Child of God standing on this Contract called the Constitution and the Bill of Rights. This spirit overcomes their might and power.
Chapter 3 "As Any Reasonable Person Would Understand"
This book is written to give as clear and comprehensive a picture as possible in simple terms to help people understand and confront courts, agencies and government abuse. It is suggested to read the book all the way through, then go back and highlight parts that you need to remember.
The information is new to many people, and concepts and illusions must be shattered for those who have preconceived notions about what a courtroom is. Especially for those who think they know what happens there or who think their freedom and the constitution are in place in America at this time.
Our personal education has come through dealing with state child services agencies, and we have particular insight for those being abused, by their corrupt in the same methods and practices. However, the public pretenders (servants) methods are similar regardless the type of court, or the nature of their abuse, when you are falsely The methods are the same regardless of the type of court, or the nature of their abuse, when you are falsely accused and cannot find recourse to defend yourself.
We are average citizens, not experts, and share our experience and insight to benefit others. Everything we have learned has been from first hand experience. We cannot help what people think or what they do not understand, if they have not experienced the corruption for themselves and don't want to believe it exists. Once a person sees the nature of what is happening to him, he is able to openly and truthfully confront his abuser. When that abuser is the government - an agency, an officer, a judge, the person especially needs to understand the network of operations and individuals that have joined against him. Your own tax dollars feeds the conspiracy machine that confronts you.
It is our hope that this information acts as a catalyst for people to rise up out of their fear and oppression, and empower themselves to understand that they have the ability and the Right - Our forefathers said the OBLIGATION - to petition any court, agency, or branch of government, for lawful Redress of Grievances, and the right to file lawsuits to charge abusive officers and elected officials for their crimes.
Most vulnerable people are defeated before they ever begin to fight back, stopped by imagined impossible hurdles like "if only I had the money" and "if only I could hire a good attorney", believing that they are powerless, not understanding their rights. They are afraid, sure that they are inadequate to defend themselves. They are believing that only an attorney knows how to write their papers, when nothing could be more dangerous or further from the truth.
We are breaking that illusion here and now - you NEVER want to allow someone to "represent" you, or you have given up your sovereign, inalienable Rights. If you are indigent it costs nothing to file your own lawsuit and plead your own cases. Everything explained in this book has been done with no more money than copies and such expenses, and without an attorney. If we had depended on either we would have been finished four years ago and had no recourse to defend ourselves.
We fired four attorneys before we saw the nature of the exploitation and the collusion of the bar member judiciary, legislators, elected officials and attorneys through the courts. One person we work with has fired fifteen! Often people we meet who ask for help have lost everything through a succession of attorneys who have led them on, taken huge sums of money and lost their cases, knowing all along they will never confront the basic issues of deprivations of rights against their clients in a courtroom.
Constitutionally, your documents must meet the standard "AS ANY REASONABLE PERSON WOULD UNDERSTAND". That is all, and they can be written by hand if necessary. The methods and Process outlined herein can be reformatted to serve on any individual, from juvenile court to the legislature to congress, and this is what we hope everyone in America will do.
Chapter 4 It is time to claim Personal Sovereignty in the Courts
The US Supreme Court, January 12, 2000, made a decision that a "criminal" does not have the right to refuse an appointed attorney to appeal a case from the state courts, or to plead their own appeals. This ruling is an inroad to essentially strip sovereignty from all Americans, and completely sever our Constitutional right of redress of grievances and Due Process, by denying The People access to Justice.
The Justices found that the "expediency of the court" took precedence over the "criminals" right to plead his own appeal. This has been the pattern and the language used to create DA and Judge driven courts of no Constitutional Judicial Due Process. For example plea bargains are being touted as "saving all those cases from clogging up the courts". Plea bargaining being one of the ways the Prison In-Justice Industry has filled the prisons it has built with prisoners who have often never had a trial. Often these "criminals" have never been charged with a crime; there is no injured party and no victim; they are imprisoned on hearsay allegations that they "broke a rule" or "owe fines to the state" and now they are criminals, their lives and families destroyed. There is no longer presumption of innocence once accused in today's courts, nor do the modern courts enforce the state prosecutions obligation to bear the burden of proof clear and certain, with credible evidence. Slandered, you are prosecuted and jailed on unfounded accusations. The whole process is a District Attorney's malicious prosecution doing anything in or out of the "box" to win at all costs and protect the system. He also gets money and rewards for "successfully completed cases" - ie; convictions, and is demoted for bringing petitions that fail in court, so it is evident where the crooked bias lies.
The language is important, as the ruling said "criminal does not have the right to be pro se before the appeals courts". We must challenge this now, and by doing so will define Sui Juris in the Law. We do not want the "right" to "represent" ourselves. You ARE Yourself. The Court must acknowledge that "Pro Se" means "represent yourself" which is an impossibility. You ARE yourself in your God given, Inherent Rights, PROTECTED by the Constitution, with restrictions on GOVERNMENT, NOT ON YOU, a Natural Man or Woman and your Offspring. You are claiming your humanity, which is what the court has stripped from you.
The challenge to this "denial of your right to represent yourself" is: I AM, MYSELF, SOVEREIGN AUTHORITY and am not ASKING for the RIGHT to REPRESENT ANYBODY. The Court cannot refute the essential TRUTH of Protected Inherent Rights, and challenging this exposes why the court uses "pro se" and how language is used to deceive us and stop us if we don't know our rights and demand them.
There is an aggressive trend overall to say "the expediency of the court" negates our rights. It is also used to say "the People will have to give up some of their sovereignty for the good of the community". This is now taken to the bigger level, "give up your sovereignty in the best interest of the GLOBAL community". All Lawmaking has become a matter of what is the "best interest of the STATE, or the Courts, or the Agencies, or the Community" never the People or the individual.
The STATE is NOT the people anymore, but an elite group who are working the system to their own profit margin. Specifically for the last ten years, every program and legislative initiative has been completely and blatantly unconstitutional and therefore void of Law and unenforceable, but tell that to the thousands who are in jail for breaking these "unenforceable" rules. In Oregon, the courts are aggressively "moving forward" to complete the stripping away of Due Process, saying that it costs the state too much to defend indigent defendants or to allow jury trials. This is a further dangerous assault by the Bar Association to cement their control, a vulturous grasp through the courts and manipulated legislation, of every aspect of every persons life.
The rhetoric brought to the legislature to pass statutes for non constitutional courts is the theory that it is "in the Best Interest of the Court" to plea bargain. Arbitrate and Mediate most cases off the record and out of a courtroom. The attorneys say this "relieves the burden on the court" and "saves money". We asked Chief Justice Wallace Carson last year in a Senate Hearing why there are no jury trials in Juvenile Court. He said he "did not really know, except that it would probably cost too much". So much for Due Process, so much for Constitutionally protected Inherent Rights or protection of Families.
Keeping cases "out of the courts" has filled the prisons with non violent "offenders", criminalized and incarcerated often without ever being charged with a Crime. Many prisoners have never had a trial, and with no oversight a DA stacks charges and coerces a "lesser plea", often after accusing some heinous crime for which there is no evidence, or unlawfully seized children or property are held hostage to compel guilty pleas. With mandatory sentencing, one event becomes "five felonies" and the person, often children, are sentenced to long prison sentences, often their only crime is that they are poor and vulnerable and trapped in the corrupted exploitive system, unable to extricate themselves. It is a carefully crafted attorney game, and the People must become aware that at this time no one can be sure any child removed or prisoner incarcerated was allowed Due Process in court. This corrupt conspiracy has turned our nation into the most imprisoned population on earth. It's punishment for profit.
The only way to get the Truth past the attorneys and judges is to plead your case yourself, in your Lawful Sovereign capacity.
Sovereign Rights are Inherent Rights, only claimable by the Natural Man or Woman who lives and breathes and pleads their own case, the literal meaning of Sui Juris. A representative cannot claim Sovereignty for someone else, nor can an attorney exercise your Sovereign Rights in a courtroom. To force a Natural Man or Woman, free, innocent of any crime UNTIL PROVEN GUILTY OF A CRIME, to give their sovereignty away to be represented by another is unconstitutional. Preventing prisoners from exercising their Inherent Rights is the opening to get people used to the idea that it is acceptable.
As it is now, Judges will lie and tell people they "cannot fire the attorney", and the people find out like we did, that it is as easy as saying "you're fired"- in a document, and meaning it. Sometimes Judges will also play a dangerous game we call the "Get a mental health exam/fitness to proceed scam" to deprive the defendants rights and prevent the defendant from proceeding Sui Juris. In this multiple judge scam, the judge orders a mental health evaluation with a State ordered "doctor", who declares you have "prosecutorial delusions for saying the judiciary are corrupt" (Dr. Sukow in Marion County Jail is famous for that finding); then the judge declares you "unfit to proceed without an attorney" and sends you to the mental hospital, or to the jail if the hospital is full. While incarcerated, the People lose their housing, their jobs, their children, their marriages fall apart, and their lives are often destroyed forever. At this time there are known to be more than fifty people being incarcerated in the Mental Hospital in Salem, Oregon, committed there by a judge because they demanded their rights to a jury and due process.
You will learn that the Judges lie all the time and intentionally deceive you about your rights, so you must learn what those rights are and demand them, and only before the court Sui Juris will you be able to do this. An attorney's main job is to prevent confrontation on the record revealing any systemic corruption, to never "irritate the court", to bow and stand and make sure you do likewise, kissing up to the corrupt, tyrant judge ... the greedy attorney makes his living from your chaos, misery and fear and the bar wrote the rules they are using to exploit you .... the bar member attorney will block you from making the record of such facts as a Judge's lie. In order to confront this on the Record, you must plead your case yourself. You begin to see that this essential right of pleading your own case and accessing the Public Record and juries to decide the facts and the law is vital and the core of restoring and maintaining our freedom.
The Supreme Court's assault on our inherent, Constitutionally protected rights will cement the control of the Bar Association judges and attorneys, on behalf of the corporate STATE. The attorney gets his authority from the STATE bar (they say they are licensed, but they have no license in their pocket if you ask to see it). He has taken an oath to the bar, and will be disbarred if he exposes another bar member in the course of defending a client. He is often paid by the STATE, but even if you pay him all your money he has a conflict of interest to bring suit against the STATE. A known factor is that the STATE non due process courts are corrupt, the Legislators and Law Commission admit these STATE TRIBUNAL courts are NOT constitutional. The only hope we have had to correct this is the Appeals process. At this time the whole system is corrupted, and the Appeals court in Oregon routinely affirm without opinion (AWOP) most cases, including termination of parental rights cases as the State profits from selling the stolen children, reimbursed by the Federal Safe Adoptions Act. The US Supreme Court is sending a lot of federal cases back to State courts, increasingly emphasizing that the State courts must deal with State issues.
If we are unable to plead our own Sui Juris appeals, after being routinely categorized and criminalized once accused, the door for the corruption by STATE courts is wide open. With absolutely no accountability and no oversight, with bar members in every "square on the chessboard ",the People, Due Process and our Constitutional Rights are abandoned.
We have seen signs that the Appeals courts in Oregon are frantic to avoid any true records coming up from the lower courts, since we are learning how to force the lower courts to open up so we can make an honest Public Record. Now we see a new diversionary tactic, how they plan to block the People. Conspiring with other bar members in their secret society, clandestine "Inns of Court", along with the "tyrants for life" in the Supreme Court to prevail against those who are confronting corrupt government, by contriving new strategies how to "screw" The People".
To force a Natural Person to give up their rights in any court is TREASON, and these judges are to be held accountable BY THE PEOPLE. They are already stripping our children from us, criminalizing every act possible and now they are telling us when this happens we have no right to appeal what is done to us. Forced to be raped by a Whorefor the Court and to swallow this without resistance.
Congress must act immediately to reverse these trends, and turn around this National Socialist Agenda that has overtaken our country, destroying our Constitution, and subverting our inalienable rights.
The whole purpose of the Process we are sharing is to allow others to realize, as we did, that you CAN fight back, you CAN plead your own case and stop the agenda that has usurped the Constitution in America at this time.
We are going to write the part about the Appeals process as though this decision had never been made, as all unconstitutional "laws" are "Void of Law as though never been enacted and cannot be enforced". This is more of what we are putting an end to as we STOP tolerating being TOLD what we will and won't do in OUR courtrooms, homeland public buildings. We have allowed an illusion to convince us that we are no longer the authority in our own lives, our own bodies, our families, our government, our courtrooms; These Public Tyrants WORK FOR US. But only if we enforce our authority again, and soon.
With this ruling, it is imperative more than ever before, that we, as a Nation and as a People REFUSE to allow these corrupted PUBLIC SERVANTS to MAKE LAW from the bench as they are doing. The Sui Juris Process applies to filing petitions and lawsuits into Congress as well as the local courts. To deny access to the Public Record in any court is Obstruction of Justice, and the Supreme Court just gave Americans their answer that instead of addressing the corruption that is destroying our freedom, the higher court is acting in the interest of the Bar to create more courts of no Due Process at every level, to protect the giant Racketeering Scheme they have created and are using to deceive and control the People.
The Supreme Court fully knows, Congress fully knows, every Administrator has known fully for many years that our freedom is being eaten away, and now we find that there will be no Justice from the higher courts for redress of our claims. We HAVE TO DO THIS FOR OURSELVES. Jefferson said we should "clean house" every twenty years, but no one has. Almost ever since the Founding Fathers established this Freedom, only the foxes have been guarding the hen house.
The People must abolish the Bar Association in America, and the unconstitutional legislative mandates that only bar members can represent or counsel others. We must reclaim our children, our freedom, our lands, our inheritances, our money, our values and morals. Our very lives and posterity is on the line at this time. Whatever is taken from you is taken in a courtroom and that is where you have to go to take it back. You go into the courtroom and tell them that you do not give them permission to violate your rights, and that they are your Public Servant. This is what we are accomplishing when we bring Sui Juris- I AM - into the courtroom, full sovereignty and constitutional restrictions on the government intact. It is up to YOU to respectfully demand this and not take no for an answer, even as the Sheriffs are moving to arrest you for speaking and the judge is ordering you to jail for contempt because you will not sit down and shut up as he violates you. Remember, you have a RIGHT to speak and make the Public Record, you will get a jury trial if they arrest you ! Without an attorney, you will go into court and access that Record and expose the judges crimes !
Chapter 5 Already Heard It
(A disclaimer to all the "experts" who criticize those of us who have not been able to stop the world to learn years of Law courses when we found ourselves caught in a web of judicial deception; who were thrown into the deep end of legal manipulation and forced to sink or swim.)
There are different approaches and methods being used to force the courts to acknowledge the Constitutional rights of The People. Often these approaches conflict in methods and Process. We have been criticized for not following many of numerous "experts" alternate methods to fight in court. Often the leaders of different groups are determined that their way is the only way. Generally these are brilliant minds who have been studying the finer points of Constitutional Law for many years. We learn and use what we can. But the courts today are non-constitutional courts, and they do not care about your rights. As judge William O Lewis told us as he denied our right to speak on the Record, "facts are not an issue". When you enter a viper pit like today's courtrooms, the judges snarl and tell you to "shut up" or arrest you with contempt for talking out loud. If you go into this and try to use language you do not understand you will be eaten alive. The judge WILL grill you to see how much you really understand about what he is planning to do to you. (Remember how he asked you if you 'understood'?)
We are not experts, but know what we have lived through first hand to be the truth of the matter and share what we have learned, from our experience, at the core of Judicial Corruption. We have learned that the Truth in the Record is the catalyst to stop judicial unaccountability, and have developed a Process in order to force the courts to allow The People to access the Public Record.
There are schools of other processes who do not believe making a record is the correct approach, that to engage the corporate court at all is to allow your rights and your humanity to be stripped from you. This appears TRUE. It gets very involved why this is so, and some of the common law lawyers know what they are doing, but their filed papers, like attorneys, most often do not record officials crimes and facts. They, like attorneys, will argue caselaw, which can be used to validate both sides of any argument.
The reality that we have experienced and the many people who call us also experience, is that if you have made the record at every hearing, stating the facts in chronological order, facts that cannot be disputed, this Record saves your life later when you least expect it and protects you as you build a case against your abusers.
Some of the legal and constitutional law processes being taught are successful to make citations disappear, for example, and tax liens "go away". Some are Administrative processes that have nothing to do with Constitutional Law, but use the Corporate system against itself. This is a success, no doubt, but like with bar member attorneys, corruption is not confronted in the courts. Even though your case may 'go away", nothing changes in the abusive policies for anyone else. Some of these groups stand on jurisdiction, rightly so, but often they DO NOT STATE FACTS. There are also schools of process to revoke the unknown contracts that have been unlawfully placed onus through our birth certificates and licenses. Among these processes are Redemption and UCC filings, to "reclaim" the straw man and sever the compelled contracts that the STATE is using to restrain you. These programs can work, but require substantial study programs before taking action.
This book is not about any of these other methods. Sui Juris is about People telling their own Truth on the Public Record, accessing the Court openly and as simply as possible, carefully learning what their Rights are, avoiding self incrimination while educating and empowering themselves to plead their cases and develop their own discernment. There are Common Law opportunists and exploiters, just as exist among bar member attorneys. The common man cannot use language he does not understand. Deceptive 'legalese' is another part of the court game. As the original constitution was written, legal papers only have to meet the standard of "as any reasonable person can understand".
We KNOW that the confrontation in the Record of Factual Truth, disputing and exposing corrupted officials and policies with the FACTS of their crimes laid out has been discouraged and blocked. But now the People have learned how to get into a Public Courtroom and command their Rightful Authority and enforce Justice in the middle of the viper pit.
We are not attorneys, who "attorn" the law by subverting it. (attorn - turn around, shred - the word attorn literally means to "turn over the property to the king - now the state !) We have become lawyers (lawyer - one who speaks law in a court). We are acting as Private Attorneys General, prosecuting our own cases against the agents of the state in the courtroom. We advise everyone to learn all they can, that knowledge is power. Most people, if they knew their rights when first being involved with the State, would not be in the mess they are in now. Just another example of how no one advised them of any rights and their lawyer did not defend their rights either. We advise that people need to evaluate what we say along with every other guidance they are given, and ultimately make the best choices for themselves from what they know. This Sui Juris Process is as simple as any reasonable person can understand, on a layman's level. We encourage all advocates to write books to help light the way for others, and appreciate all positive input. Average people finding themselves confronting a corrupted system without knowledge of the system or any experience in the courts. They are terrified, caught like deer in the headlights and frozen with fear, unable to get their bearings in a confusing assault of deceptive rhetoric by court agents and their allies.
Often more technical Processes go over the heads of the litigant, while Sui Juris is meant to be a hands on, common sense approach allowing a person to plead their own case in a courtroom. Let the People realize NOW that they CAN fight back.
Chapter 6 Introduction by Will Gaston
This introduction is written by Will Gaston, founder and President of A Voice For Children, Pamphleteer and People's Lobbyist, and most important Pamela's husband.
My introduction dwells on the usurpation of your Parental Rights, black market baby and child pornography trade, federal funding , etc., and the STATE OF OREGON, and the STATE OFFICES FOR SERVICES TO CHILDREN AND FAMILIES, (SOSCF) part in these crimes. The children's issue is where I came in but our book is a how-to and instruction manual for the Sui Juris process, and is a defense against all corrupt agencies and corrupt courts. We have written this book in clear, concise easy language for use by any layman, or anyone with the reading skills to the level of a newspaper.
This is my brief explanation of what has happened to you, why it has happened to you and what you can do to protect yourself and your children from abuse by the STATE and corrupt STATE agencies. Our book discusses and explains Judicial Process, Legal Documents, Forms and your Constitutional Rights and teaches you to understand them and use them..
You may not know it , nor understand it, but you have probably not been charged with anything. The overall problem is the "putrid stench" of a corrupt judiciary system. A Constitutional court should be an adversary system, a Plaintiff, a Defendant and a Neutral Judge, bound by a jury decision, to judge the facts, the Law and the judge.
The court is a place to make a record; the state's "charges" and your side, the truth. Unfortunately, if you have an attorney, this won't happen. The judge doesn't let you speak, because you are represented by an attorney, and if the judge doesn't let you speak, he is violating your civil rights and is corrupt; he is also presiding in an unconstitutional court and that is Treason. Your attorney will not let you put the Truth in the Record because if he "irritates the court" he gets disbarred (it is a process).
Attorneys are not licensed in Oregon (he cannot produce it from his pocket like all other state licensed contractors are required to carry), they are officers of the court and inmost states attorneys, by statute, must be members of the American Bar Association. This is the regulating body and their insurance co-op. An attorney also gets disbarred if he irritates the bar. So the attorneys will not speak for you, and if your story is not put in the record, the court decision is not appealable, as the allegations, by Law, if not disputed become fact. The only thing the court of Appeals looks at is the record to see if it was a fair trial. If it was undisputed, it is deemed to have been a fair trial.
Juvenile court, also called "Family Court" and "Community Court" and "Peer Courts" are not courts of Constitutional Judicial Due Process, and are not courts as defined under the Constitutions, of both Oregon and the United States. Juvenile courts are very corrupt agency tribunals. Judge Fred Avera ruled in the Gaston V STATE OF OREGON INC, and SOSCF; "in juvenile court there are no defendants, no charges and no jury". Judge Terry Leggert in Bolton V SOSCF ruled; "nothing in juvenile court is illegal" and on allegations only, they take the children.
Someone has made an allegation that you have abused your child. An estranged husband or wife, rebellious teenager, step parent hating kid, evil neighbor down the street, school reporting bruises, an anonymous phone call, etc. You may never know who made these allegations, but you probably have not been, and probably will not be, charged with a crime.
If you were, this would move you out of juvenile court, (an agency tribunal), into a "real" court (circuit court). In that court, although corrupt, you get a jury trial; wherein they must present CREDIBLE evidence; the burden of proof is on the STATE; allegations and preponderance are not enough; the evidence must be clear and certain; testimony must be given under oath. The circuit courts assumed (pretended) jurisdiction in Oregon, amended Article VII of the Oregon Constitution, which was never ratified, never incorporated in to the Original Constitution and sits beside the original, with "provisions" for "statutorily supplanting" the Original Constitution and and is therefore unconstitutional, but therein are provisions for probable cause, Lawful Warrants, Clear and Certain (Credible) Evidence, Due Process and Trial by Jury.
They rarely charge you with a crime because of these provisions. If they did they would have to prove it! And they usually can't do that. SOSCF is a services agency, in order to provide services they must have clients. Their clients are other people's children, a commodity (their words) worth minimally $90,000, to child protection services a year in compelled contracts. A blue eyed white baby is worth $65,000 in the black market adoption trade (I don't have figures on other races).
Juvenile court is not a court. It is an administrative tribunal, conducting agency hearings. You will never be charged with a crime and you will never be given a trial by jury as long as you are in juvenile court. It is unlawful, it is heinous, it is unconstitutional, but they take the children.
There are 24,000 Oregon children under the "directed care" of the SOSCF either incarcerated away from their families in foster homes or under unlawfully compelled contracts (according to Kay Toran, former administrator of the SOSCF). Either way they are "wards of the state". Some of these children are in the physical custody of their parents. And SOSCF can come and get them anytime they choose - and they DO !
So, if the state has kidnapped your children, you are not alone. The congressional study done for CAPTA (Child Abuse Prevention and Treatment Act) disclosed that two thirds of the children taken from their homes should never have been removed in the first place. When the university of Maine was commissioned to do an audit for the Oregon Legislature, they also reported that two thirds should never have been removed from their homes. According to our own present assessment the unlawful and unnecessary removal of children removal runs better than 80%.
There are many reasons for this: Corporate Socialism on a Global scale, Global Agreement on Tariffs and Trades (GATT). Germany under Hitler was a Corporate Socialist State. Adolf said the State is the Parent of the Child. Dr. Kitzhaber, governor of Oregon, says the same thing. It is part of Kitzhaber's "Oregon Shines/Benchmarks Goals" programs. SOSCF is a State Agency, Federally funded. A child and it's family are worth more than $90,000 in compelled contracts a year, minimally, bonuses paid for children taken over the quota ! The federal government pays a $10,000 "Bounty" (their words) for "Fast Track Adoption" (ASFA), adopt in a year. A child is worth $65,000 in the Black Market Baby Adoption and Child Pornography trade. SOSCF documents discuss the need to increase the number of children to be removed from their homes in order to maintain the "Funding Stream". Then there are Body Parts. We have witness to and credible reports of children being shipped out of the country by "child protective services" to other parts of the world. Some nations are openly engaging in a white slave and prostitution market, and it is not illegal. Why are American Citizens (our children) being shipped to foreign countries? News reports of investigations in Egypt, Mexico, China and Brazil are reporting the heinous slaughter of children for body parts! As you see, there is a lot of room for graft! And it is reported USA is involved in aborted fetal body parts including organs from partial birth abortions, partially born and their brains are sucked out while still alive in the womb.
But it is more evil than this. Where there is opportunity for mega-graft, corruption, sadism and pedophilia, one might expect people of the anti-family element of society (Family defined as a Man and a Woman and their issue to fill the ranks of SOSCF in disproportionate numbers AND THEY DO ! If you were a pedophile, a sadist (taking delight in cruelty) a person of monstrous greed or any other that preys on the helpless, sticks pins in babies and tortures cats - Where would you work?
Judge Joseph Ochoa in Marion County, Oregon, and others were found by a Jury decision, in Judge Duane Ertsgaard's court on 4/10/98, to be members of a cabal dealing in the Child Pornography and Black Market Baby Trade and are kidnapping children to supply those needs. We have reams of documents, several confessions, many witness' proof positive and a jury verdict in an affirmative defense verdict that establishes everything we say and more than this. We have the videotape Record of the five day trial and verdict.
The problem is the total corruption of the SOSCF in Oregon and the Juvenile Courts, which is a tribunal, not a court of constitutional judicial Due Process, and the Circuit Court judges also that cross over into this system.
Everything comes down to a judge: disputes over land and property, divorce, disputes with your neighbor, crime and punishment, your custody, your children's custody and wardship, all these Rights constitutionally protected and any judge that acts as a judge in Juvenile Court is presiding in an unconstitutional court and is therefore committing the crime of Trespass of Treason against your Civil Rights and against the Constitution - THE LAW OF THE LAND!
Now that I have appraised your predicament, let me explain it to you: They have alleged that you have abused your children; they have attacked you and you are not disputing their allegations because your attorney does not put your facts into evidence. And testimony that is undisputed becomes fact. Unless you counter attack - HOW???
File a Complaint in Circuit Court against: the caseworker, SOSCF, the policemen involved, the judge involved and anyone else who is involved for Racketeering, Kidnapping. Conspiracy, Fraud and Violation of the Public Trust. Don't worry, our book will show you how.
That brings us back to this what to do handbook, Sui Juris, The Truth In The Record. This book is a must have, step by step process for those whose Rights, land, property, children, have been wrongfully attacked and taken. It is a blueprint and instructions for obtaining justice in our corrupted courts. This book outlines the method I have used in all my court cases.
One final word of advice, take as many people to witness your hearings as possible. When you click on the light the cockroaches flee for the darkness.
And the information in this book is a LIGHT SWITCH.
Chapter 7 What Is Happening To You In The Courtroom All Rights Reserved - You Did Not Volunteer To Give Up Your Rights
Guidelines for what you can expect to experience in court, with specific focus on child services cases and juvenile courts, being where our experience has been, but the same in all courts at any level and all agencies.
We want to talk a little about what you will experience in the Courtroom, and then we will get into the Process we are using to access the Public Record. The overview I am sharing from experience will be focused on the courts and child services, but the methods and training dealing with actors of the court are the same for all courts and agencies. They use "practiced and polished methods of deception" and that is what it is.
The biggest problem we face as average people, is that we do not know our rights. We do not grasp that the Constitution does not GIVE anybody rights - it protects GOD-GIVEN INHERENT rights and RESTRICTS GOVERNMENT. The provisional government in Oregon is statutory and based on restricting Men and Women and Children's Rights and Liberties. The whole enslavement hinges on a LIE, that Natural Persons VOLUNTARILY agreed - contracted with the state - to be restricted, controlled, fined and aggrieved. Through our licensing, birth certificates, marriage certificates, etc. the STATE exploits the information and uses it to make everything subject to Itself.
This is the SOVEREIGNTY that is YOURS- you are NOT a subject to the STATE or to a KING- YOU ARE A KING ! (Or Queen) in a Republic, united with 49 other states. The STATE, a fictitious entity, has NO SOVEREIGNTY, with all authority inherent in the People, but at this time does not bear the burden of proof and has passed rules to dilute that burden of proof so as to be non existent. The STATE has become the tyrant king, using judges, money priests, attorneys and other agents as enforcers of the money machine. The bar members write the rules, the legislation, the grants, fund their own profit in every square on the board and in every branch, having created a "one hands group" that has dissolved the separation of branches so critical to maintaining a check and balance on corrupt government, and with an agenda in favor of the STATE first and foremost. They have created a way, through deceptive legislation, to violate the Public Trust without appearing to break the Law.
Those who are profiting from this exploitation are trained, know their process, are organized and have huge amounts of public money to create and keep up a public facade of respectability. We are not told that we are going to be stripped of our constitutionally protected rights in the courtroom. The media does not inform the Public about the horrendous crimes committed by STATE agents, judges and officials, and are covered up within their own ranks quietly, with so-called "internal investigations".
All of the courts are operating from the same statutory basis, and it doesn't matter whether it is your children, or land, or money, or rights being taken, the processes are the same, and the intent of the court is to WIN when the STATE, Inc. is a Party to the case.
Even the idea is ludicrous to allow unchecked STATE control of it's own employees without real citizen oversight. (We know in our own records that a pornographic video of Wills daughter was sealed and covered up by judge Joseph Ochoa, in Marion County, Oregon and no record has ever been produced of the State Police Report that was supposed to have been the "internal investigation" by officer Michael Gower. Judge Ochoa and District Attorney Dale Penn sealed up the videotape to protect the foster mother Hazel Spees and the caseworker Larry Lawson, who made the pornographic video. This judge is still a judge, running for re-election and at this time is a member of the Judicial Conduct Committee.)
Chapter 8 A "Child Abuse Industry" - Not a Protection Agency; Non Constitutional Courts
A vital tool of deception that is used to uphold the Public Facade is language - intentionally vague words and loose interpretations that keep the true agenda and intent concealed. One of the first misconceptions is that the State Offices For Services To Children and Families are a "protection" agency, or that they "care" about children and families.
THEY ARE AN AGENCY THAT SELLS SERVICES. They DO NOT protect children. The STATE DOES NOT care about you or your children or your family. Only5% of the 1997 budget went to Family Preservation. Federal incentive money does not pay to reunite families, but huge payoffs to the agency for foster and adoptive resources, which cannot be family members. Kinship Bills and Grandparents Rights legislation is ignored. They often LEAVE children in abusive homes and most child deaths involved the STATE prior to the child's death. The STATE leaves them in danger when they SHOULD be taken, and more often, takes them when there is no crime and they are abused in foster "care". In most every incident of a child being murdered, the STATE was involved previously, prescribing drugs, monitoring the family, etc. You rarely hear of foster or adoptive home abuse unless there is a body. When the STATE creates skewered statistics to incriminate Parents for more legislative money to support their child abuse system, they do not distinguish whether Parents are biological parents or foster or adoptive parents.
When state foster workers are caught criminally, they are moved, the cases settled out of court by attorneys, with no admission of guilt on the part of the state or accountability or liability except monetarily, and the records are sealed up.
They are selling services, just like the name says. They are profiting from their commerce in taking children, selling services to the children and families and selling children in adoptions after using them as long as possible, stringing them on in the forced programs. It is a farce and a fraud, a child abuse industry that has developed, that is being used by the government to render and destroy families, with a goal of families that can be subsidized and children who are so screwed up it will guarantee the next generation of victims.
People go into a courtroom with a preconceived idea that if they are falsely accused, or being violated by the STATE without having committed a crime, that they will go into court and tell their story and all will come out right.
Then they start to wonder if they just got a lame attorney, an insane caseworker, an abusive police officer, arrogant court member or that their particular county employees are out of control abusing the citizens.
When you get in to court you find that the judges do not let you speak, and witnesses in suits who work for the STATE are being paid to destroy you with their testimony. You will hear outright lies in reports of officers and caseworkers, even ex-spouses and rebellious teenagers - anyone who accuses you - and you are rarely allowed to refute the statements.
Usually these statements are not spoken out loud, but are contained in written reports. If you do not have your discovery, and court records, you will never know the lies and fraud being used to destroy you and your family in court. (See chapter on" getting your documents".)
You need to know that you had the right to say NO when the STATE came to your door, and your children had the right to say NO. This does not always prevent the SWAT team from attacking mom as the children are handcuffed and carted away, rifles drawn on babies in predawn raids (right here in Mt. Angel to our neighbors, and in every city, every day, that you do not hear about at all) but sometimes if people are aggressive enough in their NO to these vultures, they go away and "reassess their objectives" and may decide to look for easier pickings for the days plunder. The first confrontation - you are accused, cited, break a rule.
In most of the Child Services Cases, if the person knows their rights, and confronts the SOSCF in the first hearing, they stand a good chance of ending the case immediately and getting their children back. The Agency routinely takes children without warrants, Lawful Petitions, Affidavit of Probable Cause, and have not "made all reasonable effort" to find relatives to prevent removal of the child.
You must challenge the fact that none of these documents exist, and not fall for the doublespeak of the court to get out of it. The DA will say "we need more time to organize our paperwork, your honor" or "we need to come back this afternoon with the paperwork". You must at that moment, ON THE RECORD - state OUT LOUD - TO THE JUDGE - "Let the Record show that the STATE has no Lawful documents to be holding or to have taken my child". An attorney will not do this for you, or challenge the Lawfulness of the petition or the judges fraudulent orders. With an attorney this would be upheld and your child gone. Even if you do not get the child back, which is the original intent of the SOSCF, NOW you have something to appeal to the higher courts.
Everything A Judge Does To You - APPEAL !
The courts and the agencies work on fear and intimidation. The judge snarls and threatens, the DA's and attorneys posture, and speak in a language of "confusion of caselaw" and rhetoric. They have no knowledge of the constitution, they are not taught it in school, nor is it a part of the "legal system" as the courts are currently being conducted.
The agencies also run on this fear and intimidation, and use the children as the hostage to their unlawfully compelled service contracts. The parents are threatened, personality and cultural types who are generally assessed as vulnerable already, and threatened that if they are not cooperative they will never see their children again. They are labeled as being "in denial", they are usually never charged or convicted of any crime, never an opportunity to be 'innocent until proven guilty of a crime'. All courts of all types are constantly assessing the vulnerability of the parties, the criteria on which the judgments are made, having no bearing in fact or law.
Any expression of objection with the STATE or the courts is met with retaliation and is called "threatening a state officer" and you are automatically deemed "uncooperative", "disruptive" and "dangerous". In order to confront the crimes of the agencies and courts, you must get past the fear of what might happen to you. We have learned in our own experience and from helping hundreds of families, that they do not intend to give you back your children (or your land, or your money, or your freedom, or anything else that they have taken from you). They are going to take everything they can from you, as well as extended family members, if you can be intimidated and coerced into incriminating yourself and if they think they can get away with it. And if you don't know your Rights, and you let them rape you, THEY WILL! EVERY TIME !!!
You are in the middle of the biggest Racketeering Scheme that you could ever imagine. Really unbelievable, beyond all of our imaginations, and absolutely the truth, now exposed. The methods being used in the court to exploit you have been developing for many years, refining a system of rules written by Bar member attorneys, judges, commissioners and legislators. There has been an agenda aggressively implemented in Oregon, in particular for the last ten years, to control, database and criminalize every citizen possible, for profit to the STATE and the federal spending machine of STATE employees. They are profiting from taking your children to the tune of more than$90,000.00 per child in compelled contracts for every child, and job security in a bureaucracy that fills the foster homes to overflowing with other peoples stolen children.
The agency calls our children a "commodity" for their "human resources" "funding streams" and the fast track adoption programs pay a "bounty" to the STATE to take and adopt out more and more children, with a current emphasis on infants at birth.
The really important thing to understand is that the people who are acting against you have an agenda, and are profiting from every part of the circus they are putting you and your family through. Every person they can get information on, get into the database, assess and force services on, or take their children, is more money for the agency.
Some STATE agents have jobs that pay them to do nothing but find people to assess everyday, increasing the "outreach" for the "program", "maximizing" federal grants.
Federal money is being siphoned off myriad ways by STATE agents whose job is called a" Federal Review Specialist" to insure that every potential federal money "funding stream" is tapped, often to multiple payments for the same child in the system. This Federal Review Specialist also insures that the caseworkers and officials deceptively create documents that LOOK like the STATE is in compliance in order to receive the federal money. Many times the only hearings you will get are every six months, because this is a federal requirement for the agency to receive their money. They will be unaccountable for months in between while they hold and terrorize your children, then often hold "star chamber" in the back room "hearings" off the record. The courts are so bold now as to call these "status conferences" - a name for a corrupt, unlawful practice that happens in every case if you give over your rights to allow someone to represent you.
Everyone in the courtroom works together against you, as well as your own attorney. The judges and attorneys and DA's conduct 'back room' proceedings and will hold secret 'hearings' that you will not be told about, and no Record is made. They hold these 'star chamber' sessions, and exchange bribes and collude together, as corrupt as can be, and what they do in the courtroom has no bearing in truth, as the real decisions are made before hand in their closed meetings. They live in the same county, usually, and work together and will not aggressively defend you. Your attorney and the DA will "wink, wink" to each other as they play their scripted parts for their rewards, and to insure that everybody makes the system work. They will say "your honor" and "Mr. so and so", to each other, when they all know each other and they are acting like strangers to deceive and intimidate you, it is all a bad acting job.
It is vital to know how and why you cannot trust these trained people. Judges will act like they are concerned for you, and then stab you in the back, guaranteed, at the end, if the STATE is a party to the case. Attorneys will not defend you, will not object to testimony that incriminates you that is not credible evidence, allow hearsay to go into the record, will not let you speak and will not speak for you. The attorney does not inform you about your case, nor warn you to protect you against self incrimination.
Routinely, if you do not know what is happening to you, the DA will be threatening you with a plea bargain to some lesser "crime" without anyone having charged you with any crime "yet". They will tell you things like "the DA will evaluate the evidence and decide if he will call a grand jury - often this is a bluff designed to frighten you to take the attorney and plead guilty on a plea bargain. Do NOT allow the court to draw and entrap you into self incriminating by fear and intimidation. .Assert your Rights! They hang these threats like a sword over your head, and many people have pled guilty to accusations that were lies, out of fear. The attorneys tell them to "take the plea bargain", "that is the best you can hope for". The children do not stand a chance against these fearfully coerced "admissions" and "disclosures".
Once a person pleads guilty to anything, or "admits" any past or present fault or incident in their lives, the whole incrimination opens up and the slander that is now in the record is permanent. Again, if people know their rights, they will refuse to answer questions that are self incriminating and that the DA has no right to ask - but your attorney does not object. People are hugely deceived when they are told that any database is confidential. The STATE shares all information with every other agency, but will not disclose this to you. Once it is in the record, it is used against you permanently unless you confront the unlawful way the court acquired the information, allowing you to incriminate yourself and not protecting you. That in itself is a violation that is an appealable issue that happens consistently in courts of no due process.
The important thing to remember is that everything the judge does, you immediately appeal into a higher court. (See chapter on filing an appeal). If the judge retaliates and arrests you, this actually works in your favor, as now you get a jury trial, having been actually charged with something.
You need to be fearless; in the courtroom controlled, focused outrage, like you really feel, not suppressed and victimized in the system. You learn to make a Record of facts that incriminate your abusers. You are careful not to be emotional and get caught in their trap to make you angry and self incriminate. You stay focused on the facts they cannot dispute and stay on track. You get your documents and prosecute your own case. You have rights that the attorney does nothave. He is a corporate statutorily limited representative. You are not. You are a Sovereign Child of God, with in-a-lien-able Inherent Rights that were laid out in the Bill of Rights, and the government is constitutionally restricted to interfere with your sovereign rights.
Chapter 9 The Public Record is the only REAL thing happening in the courtroom
Every day we get calls from new people across America who have become entrapped in a web of courtroom deception. The methods of the government are so similar in every state that the stories of abuse are nearly identical, and all unbelievably corrupt.
People feel like they are in a Twilight Zone, or like Alice through the Looking Glass where everything is upside down, what is right is wrong, lies are upheld as truth and Due Process is replaced by a game of rhetoric where the tyrant king/STATE wins every time. People know they are being deceived and abused, but cannot figure out the picture of the web in which they are ensnared. They say "it is so bizarre", "it is like there is some other agenda going on", "some unknown motivation", and they are absolutely RIGHT!
The people tell us horrific details of abuse that their families have endured. We talk for hours about their case, what is happening to them and what they need to do.
After hearing the details of their story, I ask them if anything that they have just told me has gone into the court record. Invariably, not one word of their defense has-been presented in the courtroom. It is always the same - "the attorney told me I could not speak", or "the attorney said if I speak they will walk out", or "the attorney said if I speak I will be confronting a judge and will lose my case" or "the judge said I could not speak" and "the judge said I cannot fire the attorney" and "the judge said I can only speak through my attorney" and "only an attorney can get court records", and more.
Every one of those statements is a bold faced LIE, and the court and the attorneys and caseworkers and officers know it. The truth is you are in the middle of a big facade - tragedy in Real Time. The judge and members of the court are actors, in a play with scripted parts, but you don't know it and for you it is no game.
You are the unsuspecting "Special Guest", and the one being exploited in their game. Think about it- how could the court be unbiased when EVERY member of the court works for the STATE, or is licensed by the STATE or is subcontracted to the STATE. It is a conflict of interest for any attorney to sue the STATE and be paid by the STATE at the same time. This means EVERY child services case, and this is exactly why attorneys will not defend you and will not file a lawsuit to confront the abuse for you. In the Justice Department in Oregon, in the Attorney Generals Office, there are more than214 assistant attorneys general who are paid to prosecute Citizens to defend the STATE. Who is the STATE, if not the Citizens? Who is this army we are paying to destroy us if we demand Lawful redress of grievances after being criminally abused by a public employee?
It is essential that preconceived notions are abandoned, and understand that the attorneys and judges all belong to the Bar Association. They are insured by the same insurance funds, share in the same corrupt slush funds of misappropriated public money, all kinds of payoffs have been exposed and quota rewards for 'successfully completed' cases and for guilty verdicts. They will protect themselves in every case first and foremost. They play a game according to a script, recipe book, a Process, that has nothing to do with Law, but everything to do with Statutory Process that they have written for themselves, are profiting from and are unlawfully enforcing as "law"..
Chapter 10 All Judges and Attorneys belong to the Bar Association No Bar Member is allowed to confront another Bar Member- NO Attorney will confront the system that feeds them, or expose the Judge's Lies
Most cases involve judges upholding violations of due process in the very first hearings against people, and from that point on, for the case to honestly be heard, the corrupt orders of the judge must be confronted.
A perfect example of this is the shelter hearing used to take children away from their families. This hearing is held within three days, sometimes parents are not notified, and a judge will keep the child by creating an "order" that has a box checked off that "all reasonable effort has been made to prevent the removal of the child from their family". In reality, for the agency to be compliant to receive federal money, the law says they must show by written affidavit that all effort has been made to prevent the removal of the child. We have never, even one time seen such an affidavit or proof of any effort, and we have seen many cases where a child was taken with no effort whatsoever to contact the other parent, often taken even from school. These "orders" are usually unsigned, stamped with a judges signature and we have seen stacks of them.
We have NEVER seen corroborating affidavits, nor any evidence of what those "reasonable efforts" were, and often the order is an outright lie. Usually, no reasonable effort is made intentionally because the agency receives money NOT to return the child to its family. In our case and other families who tell us how no family member was even contacted before the children are taken. But the judge orders it, and now in order to say the court never had any evidence and no lawful warrant or affidavits, the original lie that the judge made must be confronted.
At this point you have already gone beyond the limit that an attorney will defend you. If he tries to aggressively push the court in your defense, he will be held in contempt, and if he continues he will be disbarred. These are not speculations, but years of experience and learning from attorneys who openly admit this is why they will not file lawsuits in the child services cases. Attorneys privately tell people we know, that it would ruin their career to confront a judge. They say that they would never be able to plead another case in front of that judge, and the retaliation is absolute for exposing a fellow Bar Member. We have heard of attorneys telling people that they are not being paid enough to go against the child services agency to defend them. We have seen an oath that they take that says they swear to their brothers first, the court next, the client afar distant priority.
We often hear of attorneys telling people we are right, and that it IS kidnapping the way the STATE has taken their children. The attorneys tell the people that they should charge the STATE, but say "don't ask me to do it".
They know the court is STATE biased; that all the neutrality has been abandoned.
The attorney knows the judge will not allow him to confront the corrupted system, and he knows that this is what would have to happen to aggressively defend you and your children.
So, instead, the attorney gives an illusion of working for you, whether he is STATE paid, or whether you are paying huge sums of money makes no difference. (Except usually if you have huge sums of money, you are not targeted in the first place by STATE exploitation, who assess victims according to vulnerability and lack of ability to fight back.)
They do as little work as possible, ensnare you into the STATE plans and unlawfully compelled forced service contracts and never appraise you of your rights. Then, when the court finishes abusing and terrorizing your children into submission having kidnapped them, calling this making them "adoptable", and terminates parental rights, the attorney says he did what he could, and often quits the case. The attorney will rarely file an appeal, and even if they do, it is a pathetic document that does not confront anything real. They absolutely do not challenge the unconstitutional statutory practices or your Rights violations by the agency. And at this time in the Oregon Court of Appeals there is a near 100% "affirmed without opinion" that upholds the SOSCF trial, or is reversed in favor of the SOSCF if the parents by some miracle won their cases.
At this time in Oregon, attorney Michael Livingston on the Law Commission stated opposition to parents having the right to appeal termination of parental rights orders.
They are at this time "streamlining the process' to more easily facilitate the taking and permanently adopting out of children on a quicker scale, with less rights for the parents to get them back. Livingston stated it would 'cost too much' to turn around the adoptions from parents who would win on appeal. The arrogance of the robots is evidence of their inhumanity. Using this Process, we are insisting that our Rights are restored to us, our Authority returned along with our children and property. More of that will be discussed in the chapter "filing an Appeal".
The STATE has no intention of letting you "win" if you are challenging their "authority". You are not in a lawful court. When you learn what a court is supposed to be, what a court of credible evidence is and what your inherent Right of Due Process means, you understand that something is terribly wrong when a judge can conduct unconstitutional courts. A court is simply a place to make a Public Record. That is the key, and what is most aggressively blocked to the People on trial in the courtroom.
The Legislatures have created new non constitutional courts as part of the Justice 2020 (you can see their plans right on the web under that title) "Community Courts of the 21st Century". They also call them "small world courts", as they are model versions, perfected in Oregon, made National in 1995, the International Statutory Criminal Court established in 1999 through the United Nations. Their goals are courts of no Record at all, no Due Process whatsoever, no Bill of Rights, no adversarial litigation or confrontation, everything a consensus, a mediation, a "partnership", an assessment, a fine and a rule. They call these non constitutional tribunals names like Family Court, Peer Court, Juvenile Court, Drug Court, Mental Health Court, Municipal Court, Arbitration and Mediation courts, Community Courts, and new ones created every day, it seems.
These are non constitutional courts of no lawful judicial due process, called Courts of 'limited jurisdiction'. There is no Lawful, Constitutional provision for courts of no due process, and the Legislature has no authority to create unconstitutional courts.
The whole court is manipulated, with trained actors in different roles who "act judicial" but who know among themselves that they are not being authentic. It is especially disgusting once you realize that all the gesturing, the "all rise" for the judge, the language that no one can follow, is for show. It is meaningless, and if you courtwatch, you realize that in their game, no one speaks the facts. It is not uncommon to sit through hours of hearings and never hear the facts of the case at all The talk will quietly shift back and forth about motions, and witnesses will testify with hearsay and opinions, no facts or credible evidence at all, and no one will object. Absolute lies are told, which the "defendant" knows are lies, but the attorney does not dispute the statements nor allow the defendant to speak. We have participated in 5 day jury trials where at no point was the Law read to the jury that was being used to charge the defendant, no mention of Law allowed. This is another word game, where the Judge says "you will reach your verdict accordingly as I instruct you in the Rule of Law" and we have learned that "rule of law" is a statutory instructed verdict, that has nothing to do with the Law, which is the Constitution and they are the only authority to decide the facts and the Law. The court does not allow any Law at all to be read in front of a jury, and we are stopped every time we try. We still manage to get a lot in by saying it before the judge can stop us - you must fight the whole way to make the statements on the Record that expose the fraud, and that they cannot dispute, and that you get this past the prosecutor who will block you.
Chapter 11 Undisputed Testimony Becomes Fact
One of the Key elements in the way the STATE plays a game to prevail in court, unknown to most people, is the basic premise in the court that undisputed testimony on the Record becomes fact. If you do not speak, and dispute and object when the lies are told, these lies, undisputed, become fact. It is no different than if someone says "you broke the window" and the natural reaction of an innocent person is to say "I did not break the window", yet, in most court hearings, wild slanderous allegations are routine, the attorney does not dispute or object, and does not allow the defendant to speak or defend themselves. The People always KNOW that it FEELS wrong as they sit in the courtroom and these lies are not disputed, but they are threatened by the judge and their own attorney not to speak.
This is one of the vital importance's of insisting on speaking the Truth in the Record, and another reason why Sui Juris is so vital, not to have a parasite attorney attached to your name and your rights. The non-constitutional courts today, in particular the SOSCF tribunals called Juvenile Court, routinely allow hearsay reports of police and caseworkers, attorneys and foster parents, to be admitted in written form to manufacture a slanderous paper trail, call this "evidence" and then use this to justify taking the children.
Most people never see the records in their casefile, attorneys do not let them see their paperwork, do not get the people's discovery for their defense, and often judges and agencies tell attorneys and defendants they cannot have the records. Then the people are told it will cost them money, if they do get records. A lot of money - transcripts are thousands of dollars. When the attorneys do get the court records, they do not share these with the families, who rarely know anything about their cases in the court except that they are being screwed and every time they reach one hurdle, the bar is raised higher and more plea bargains, programs and services are being "offered", and if you are paying the attorney, there will always be a lot more money necessary to continue to 'help' you.
The People are being prevented from speaking, and not knowing the contents of reports being used to slander and incriminate them, the people have no opportunity to defend against the lies. When the casefile is opened by an advocate, or well meaning Senator, or Ombudsman, all that is seen are these malicious reports, which are designed to immediately repulse any person to doubt the integrity of the defendant. The reader's viewpoint is colored immediately, permanently, adjudged guilty, and never being allowed to defend his innocence.
The job of the attorney is to prevent and avoid all confrontation with the judge, and to prevent you from creating any confrontation either. When the lies go in undisputed, and no confrontation appears on the record, then all that goes up to the appeals court is a record that slanders you. The Court of Appeals sees no irregularities, even when the case is absolute lies and fraud, if you did not insist that your truth got on the Record about being abused, coerced and violated by the courts and agencies.
All that goes up to the higher courts is the Record. Whatever you are going to put in the Record must be spoken in the courtroom in a court of record out loud or you cannot be sure it is made part of the record. If a judge refuses to allow you to speak, you must say "then I am going to make an OFFER OF PROOF for my appeal". This is most important to remember, the 'magic words' you have to say, in order to force a judge to let you get your facts into the Record. Often judges will "lose" your motions, and if attorneys write them, once again, there is no confrontation with the facts spelled out.
Some judges will say written motions were not 'put into evidence' when you filed it timely, anything to block you, if their goal is for you to lose. Unless it is spoken, you cannot be sure it is on the Record, and if you walk out of a hearing and things were not said that needed to be said, then the words simply are not there. No amount of excuses matters as to why you did not say what you were supposed to say, it is just a fact that your side is not there. The second best thing is to write a Motion describing the hearing, and get your info into that motion. But this is still not the ideal. The Truth in the Record, facts that they cannot dispute, is the key.
Chapter 12 Prosecute your own case Make the Record of Crimes against you.
Two things must happen first in order to begin pleading your own case and prosecuting your case yourself. You must gather the facts in your case, and file for your documents, so you will KNOW all the facts that are being kept from you by the courts and agencies. You will start with what you know, with the documents you have, you will file to get the rest, and you will do this yourself. (See chapter on FOIA).
Most people who contact us are completely overwhelmed and emotionally distraught, drained and beaten down by the time they hear about A Voice For Children and call for help. Many of the prisoners, tell the same story of no defense by corrupt attorneys, how their story never got in the Record. They write to us and tell us we are their only hope, and we know it is true that there is no Due Process and they did not get fair hearings. As I said, most people have never been allowed to have their day in any honest court, and usually are not allowed to speak.
The first part of building your case will be a great release once you write down all of the details and events that have been in your mind like a storm day and night, with no real way to release it. By organizing all the events, you can let it go somewhat in your mind. You will now have a document that you will read into the record; will file as an affidavit in a Motion on your case; you can send copies everywhere to authorities and media; you are beginning to build a document record in your own defense as you write your own Motions.
You want to write your story with FACTS. NOT OPINIONS. Try not to be emotional, just state the facts just like a reporter. Write it in chronological order, dates.
"They did this, then they did this, then this happened", etc. If you do not know dates, say "on or about" but get everything you know about onto the paper. Be sure to name names, or use "john doe officer" if you don't know names, but describe everything that has happened to you and your children.
Include all violations of court processes, if they did not give you your papers before court, or witness lists; lawful summons (we will cover that in another chapter about "courts of evidence"). Include all persons that you know are in any way connected with your case or your children.
Chapter 13 Filing your own FOIA Freedom of Information Act Request Get Your Documents - Be Persistent
At the same time as you are compiling the names and events of your case, you will want to file a Freedom of Information Act/Privacy Act Request to begin getting your documents- court records and discovery. This is a paper that you file yourself on every party that could have information about you or your minor children, as well as your court file. Appendix A and B is a sample form of a FOIA Request, and a copy of our own Demand for Discovery from our cases. There is no special format for this request, and it is important to structure the document so that all of the requests of different parties are included in the same document so that those you are petitioning see everyone else's part. Often one party will be afraid that another party will produce a document that they both know will incriminate them, they are guilty as they know they have committed heinous crimes, so they are afraid not to produce the documents. These actors are used to being completely protected, conducting their crimes without any scrutiny. They are not used to the documents being allowed to go to their rightful owners. When all of The People are allowed their unadulterated records, as is their right, it will have the same effect as a massive audit that the government refuses to perform on the agencies and courts, whereby the contents of the records will be exposed for all to see.
An important note is that if an attorney quits on you, he is required by Law to turn over the whole file to you. He must do this anyway, but if he quits, the legal term is that he cannot leave you in a position where you cannot defend yourself, and if this has happened to you, it is an appealable issue in itself. When you file your FOIA you serve it on all attorneys you have dealt with, as well as everyone else.
The bottom line with the Records is that if it has your picture, name, fingerprint, any print, or signature it belongs to you, and also for your minor children, their Records belong to you. We use all of the sites, as you see on the sample, federal and state, as well as Parents Right to Know being Paramount. We have a letter here in Oregon from a judge who said "as parent you get all your documents" and also that the discovery is going to be used for the Public Right to Know the methods and operations of the courts and agencies from the evidence produced in your case.
There are a number of great websites under "Freedom of Information Act", that have helpful information. The main thing is to write it, and deliver or mail it to all the parties. They will fight you to keep your records from you. Judges will tell you you are not allowed to have your records. Judges will block court dockets, hearings and filing information routinely. Judges will tell attorneys they cannot have records. State agencies will block every way they can to keep your records from you.
As with everything else, you have to be adamant that you know these belong to you lawfully, and you will stop at nothing to get them. And you will get them if you are relentless and persistent, or you will get at least enough discovery to incriminate the STATE case. We have huge amounts of our Records and Discovery, and others we know who have been persistent are getting their Records. You must do everything in a document, and you will follow up your discovery demands with default motions when they fail to comply, which will be dismissed, but you are building a document record.
You can eventually file lawsuits for contempt for agencies and courts failing to produce full discovery "necessary for the defense of the party". One advocate in South Carolina recently won a contempt against a city government for failure to produce discovery in the Public Interest.
The courts are very much aware that to bring you into a court without documents and discovery, and proceed against you, is highly unlawful, although they do it everyday. Since most people only appear with attorneys representing them, and give up their sovereign rights, rarely does anyone even know about "discovery", but that has all changed now. The agencies are so out of control now that they are routinely shredding records that belong to the children and families, and altering documents to conceal evidence of multitudes of criminal activities.
Chapter 14 The Process for the People to Access the Courts
The Process that we have learned, developed and that we have used to confront the assault against us, is a very simple, no nonsense approach. As the beginning statement said, there are other approaches. But what we know is that the court is the key to where the changes in society take place. Everything taken from you happens there, in front of a judge, in a courtroom, and that is where abstract rules and laws intersect with peoples lives. Even a president ends up in front of a judge. The courtroom and opportunity for redress of grievances is a "safety valve" for society, and that by blocking access to the Public Record for citizens, a powder keg has been intensifying under increasing pressure for a long time, and is about to blow.
The opportunity for redress of grievances in a civilized culture is also the prevention of war as a solution against tyrannical government aggression and domestic violence.
It has become evident that the judiciary is the pivotal element in the corruption, participating or at minimum compromising while peoples lives are destroyed in a judge/attorney profiteering system. Once this was exposed, the next step was "how do I get into the courtroom and confront these crimes that have happened to us on the record?
There are a couple of approaches, and I will describe them. You will want to file your own Motions in a case already in effect, start a new case by filing a Complaint, file injunctive Writs- all are filed in the courts, establishing a case number, and starting you on your "incredible journey" through the sewers of the corrupted "halls of justice". Filing the Complaint
The most effective way to proceed, and the Process of filing a Complaint and then following it up a month later with a Summary Judgment on the facts, consists of a few basic parts. You send out tort claim notices, then you write your Complaint, you take it down and file it at the courthouse. You serve it on all parties. You wait 20 - 30 days (depending on your local time computation for filing schedules - you will find such information under Rules of Civil Procedure for your State or Federal). After the appropriate time, you file a Motion for Summary Judgment, which is a "show cause" hearing where you lay out your facts and the other side has to oppose your facts, and denial is not enough. You request an oral bearing, with an unbiased judge who has not been on any of your cases before.
You take an army of people into court with you, at least never go alone, the more people the better. You want enough people to let the corrupt judge know the group is not going to tolerate a sham proceeding. You present your case yourself, using the Complaint and Exhibits you already put together when you filed the Complaint. You state your case, and if they cannot dispute your evidence, you go to a jury on damages alone. The evidence will become fact and the jury will consider monetary and injunctive relief for you.
This is really the whole Process in a paragraph, but there are more parts as you get into your case, and if you have more than one case going, as we have. The Process outlined above is what we did on January 5, 1998, when we filed a Complaint.
Appendix C is a copy of that Original Complaint as it was amended later in 1999. The actual Complaint is much longer, and we have included a sampling of defendants so that you can get a feel for how to state the facts against your defendants. As you can see, it is plainly written, clear and easily understood. It will require some work on your part to figure out which laws apply to your case, but it's always racketeering. Collusion is conspiracy and racketeering of "two or more conspiring for profit or gain" "actively" forming a "criminal enterprise" against you, and every case has a whole network of individuals who have conspired together to prevail in court. Their intent is to destroy even the thought that you would consider disobeying the agency or a judge and contemptuously demand your right of Due Process in the court. The list of violations in our Complaint probably applies down the line in nearly all of the child services Complaints, and you can read the laws in your State and see which laws apply to the abuse you have suffered. You will discover, as we did, that the laws are there to protect us, originally, but that they are not being enforced against abusive State employees and elected officials like they are against the common man. In particular, your Constitutional Rights have been stripped, and you want to scream about the lack of Due Process and Deprivation of Rights and Liberties being suffered. Remember, this is ALL about reclaiming your rights and demanding the court allow You Constitutional Judicial Due Process of Law.
The Court Cannot Deny Your Petitions for 'Want of Form' or 'Insufficient Process' All it has to be is 'as any reasonable person can understand'. Be Persistent ! Do not take NO for an answer !
The judges and attorneys know that they are, by law, to be very careful not to exploit your Sui Juris status, but they will exploit you as much as you let them or you don't realize what is happening. We have heard judges say "why, you don't expect me to hold you to any less a standard than this attorney, do you?"; or, "don't you think I should hold you to the same standard as this attorney?"; and many people believe the judges lie, and their confidence is broken to trust themselves that they will know how to proceed. This is another judge LIE, and like the other lies you will be assaulted with, stand up to it. We don't put a lot of credence to caselaw, as they will use caselaw to defend anything they want to do. But the following caselaw should go into your paperwork, important to use to make clear and certain that the court is knowing and that everyone agrees that the court is knowing when they violate your rights. "And be it further enacted. That no summons, writ, declaration, return, process, judgment, or other proceedings in civil cases in any of the courts or the United States, shall be abated, arrested, quashed or reversed, for any defect or want of form, but the said courts respectively shall proceed and give judgment according as the right of the cause and matter in law shall appear unto them, without regarding any imperfections, defects or want of form in such writ, declaration, or other pleading, returns process, judgment, or course of proceeding whatsoever, except those only in cases of demurrer, which the party demurring shall specially sit down and express together with his demurrer as the cause thereof. And the said courts respectively shall and may, by virtue of this act, from time to time, amend all and every such imperfections, defects and wants of form, other than those only which the party demurring shall express as aforesaid, and may at any, time, permit either of the parties to amend any defect in the process of pleadings upon such conditions as the said courts respectively shall in their discretion, and by their rules prescribe (a) "Judiciary Act of September 24, 1789, Section 342,FIRST CONGRESS, Sess. 1, ch. 20, 1789 Due Process provides that the "rights of pro se (Sui Juris) litigants are to be construed liberally and held to less stringent standard than formal pleadings drafted by lawyers; if court can reasonably read pleadings to state valid claim on which litigant could prevail, it should do so despite failure to cite proper legal authority, confusion of legal theories, poor syntax and sentence construction, or litigants unfamiliarity with pleading requirements" (Spencer v Doe, 1998; Green v Branson 1997;Boag V McDougall, 19982; Haines V Kerner, 1972)
"Right to proceed pro se (Sui Juris) is fundamental statutory right that is afforded highest degree of protection" DEVINE V INDIAN RIVER COUNTY SCHOOLBD., 11TH CIR. 1997
Writing your Complaint You list each party, and be sure and include every significant person who has been abusing you and your family, or who has knowingly helped, aided and abetted others to violate your rights and perpetuate lies. Include every KNOWING party - Judges, attorneys, caseworkers and officers, supervisors, the Attorney General, the Supreme Court, and the Governor, if they are KNOWING of your abuse and have refused to act to protect you. List the crimes, as shown in the example. You state your facts, put on your evidence, and attach exhibits to back up your statements. You start with what you have, and will subpoena more documents.
You can file with the exhibits at first or add them later. We originally filed the exhibits with our Motion for Summary Judgment later, but the STATE will try to say your Complaint "fails to state a claim". This is a meaningless, diversionary judge catch-all phrase, a deception on the language by which the court is rendering you. If you attach the exhibits to the Complaint in the beginning, the Court cannot use this one on you. Your evidence will be right there in the Complaint that the STATE cannot refute.
You will get a lot more evidence as you start getting your court records and discovery. The main thing is that you are setting forth the facts they cannot dispute. The whole Sui Juris Process we are sharing is about being being up front about everything you are doing. You WANT the whole government to know that you are fighting for your rights and Due Process, and they can see if you receive it or not, as you go into court and shine a lot of light and make a lot of noise publicly about what is happening to you.
File a Notice of Tort Claim Send each party a "Notice of Tort Claim", Appendix D and E Filing Your Complaint Attach a Certificate of Service Serve on all Parties and the Court.
The Tort Notice simply states that a legal action is going to be served on them at a future time. A tort claim is not binding, but insures your right to sue later on, generally within two years of your knowledge of some event. With fraud, there is no statute of limitations, and it is always fraud. Send this to all parties before filing your Complaint.
You write your Complaint, with a "Certificate of Service" attached to the back and list all the parties and their addresses you are serving with the Complaint. Now you take it to the County Courthouse. If you are poor, you ask the Clerk for their forms for an "indigency waiver". Be sure and make more copies of this, because you will use it alot, if you are indigent. Give as little information as possible, saying N/A on most questions, but let it show you do not have much income (EVERYTHING you say about yourself at all times WILL be used against you, and sooner than you think. You answer as few questions as possible, and they know they have no right to ask). You go to a judge in the courthouse, any judge, ask a clerk to help you, and have the judge sign the indigency waiver. This is usually routine stuff. After this is filed, it will be free for you to file Motions, and court cases and demand transcripts and documents for free. If you are writing Motions in a criminal case, you do not have to pay to file your paperwork, nor should you have to pay for any Records if you are indigent.
After you get the Indigency Waiver signed, you go back to the Clerk and they will give you a case number, and usually appoint a judge. Be sure that the judge they appoint is not a judge you are involved with in any way, or one that you are naming in your Complaint, or you or any family member have had any dealings with previously.
If they try to insist that you have no right to pick a judge, tell them that you will file a Motion to Recuse any judge with a conflict of interest. Get the court to stamp some extra copies with a court date/filed stamp, and you leave as many at the courthouse as the Clerk says they need.
You make true copies of the Complaint using the date stamped copy, for all Parties named. You have someone serve the Complaints or pay a Sheriff or process server or anyone over 18 in most states ( you cannot serve this original Complaint yourself, but all future Motions can be served by you, or mailed) You use a standard SUMMONS (you can get this at an office supplies store that carries legal forms), and attach one and keep one for each Complaint you serve.
After all the Parties are served, you file the filled out Certificates back into the court showing that you have verified service on each party.
In some states you can also use Certified Mail, but hand delivery is better. Office serves are fine, and one important tip for Process Serving is that you NEVER walk out with the document if they refuse to take it. If you are certain that you are in the right office, or house or whatever, even if they refuse to tell you their name, all you have to do is be able to describe the person you left it with at a certain address, (write this on the Process Serve) and you leave it on the desk, or on the ground, and WALK AWAY - do not turn around, and say clearly "you're served". You make two copies of each process serve paper, and paper clip one to the Complaint and keep the other one, on the back writing in the pertinent information. After you serve all the parties, you make copies of your signed certificates, and file the originals in the court. After the last party is served and you file the process serve papers (the originals go back to the court file, very important to file them all properly, as the courts love to dismiss everything saying you had "insufficient process". You have to wait twenty days for the other side to answer.
The time may vary from state to state, but in Oregon, after twenty days, you file a Motion for Summary Judgment in your case. Appendix F and G shows you what this looks like, a format and a sample of ours. Under rules for Civil Procedure (check your state version of this) the Summary Judgment hearing is where the court looks at your Complaint and Exhibits, and the other side has to dispute your Complaint, and denial is not enough. They must give written opinions, with affidavits, to dispute material facts that are set out in your Complaint. If they fail to do so, you are to be given Summary Judgment, and your case will proceed to a jury on the damages alone, having established your Complaint as undisputed facts on the record.
The STATE will routinely bring in Motions to dismiss your Complaint, based on process, not substantial fact. The Attorney General's office will move to quash automatically all subpoenas of adverse witness state employees and officials, attorneys and judiciary - they will say all of the state employed people who have abused you are immune from prosecution and cross examination. You go in to that courtroom with one goal - to make that Record every time and you do not care when the judge dismisses your case - you will appeal everything he does and you will tell him so on the Record as he is doing it. You are building your defense and he is incriminating himself on the Record for all to see his corruption.
In any real world, undisputed testimony would be the end of the story - the facts would come out and if you are innocent then there would be victory for the abused party, restitution and prosecution of those found to be committing the crimes laid out in the Complaint, crimes they have been found guilty of with the affirmation of your Complaint. But in our experience, and others who have been developing this Process, there is no honest court who will stand and say it is so corrupt or admit any part of our case to be real, and you can expect wildly varying responses by different judges. This is changing as we grow in awareness, and the People are saying enough is enough, and public servants are being reminded who they work for. Take a Crowd into the Courtroom Every Time you Go! Never Go Alone or let someone else go alone. The next primary element of this Process, is to take as many people as possible into the courtroom with you. The key to succeeding in getting your story INTO the Record is that you are able to stop the judge from shutting you down, stopping you and blocking the Public Record. The only thing a judge fears is public exposure, and this is the key. You meet the group early at the courthouse, you get focused, tell them what is happening in your case and what you are going to be doing in the courtroom.
You need to reach out in your communities to others who are being abused, and form groups of court watchers. You work together to be witnesses for each other, and work together to make media and newspaper publicity, also to form protests and rallies.
You want to generate as much "light and heat" of public exposure as possible. Tell the people DO NOT stand up when the bailiff says "all rise" and if the judge makes some remark about it, like "do you have some problem why you did not stand?" you straightforwardly say "I do not stand in corrupt courtrooms" and sit down.
Sometimes people get thrown out by extremely arrogant judges, but if you do, you will write that in the article that you will be writing about your hearing and what happens to you. Or, you might stand and make a point by saying "in honor of the defendant I will stand". Everything they do to you, you will turn back on them if you follow this Process.
If you do not file the documents, and get case numbers and file Complaints, you are a tease to the judges, and you have no clout. Some of our advocates are in jail right now because they have not, even with all their knowledge of Law, filed the Complaints, making public the incriminating facts against their abusers, leaving them extremely vulnerable to the schemes and plots of the corrupted DA's, attorneys and judges.. It is dangerous to talk, and expound, and not follow up by doing the things you say you are going to do publicly to bring accountability. Only in filing the documents, making the Record in the courtroom and exposing it in the media does it work to confront the corruption. The rest is talk, and does not change anything.
Every part of this Process that we are conveying is absolutely critical to the success of you getting your case into the higher courts with any kind of record that will expose your abuse. The people in the audience, who know your story and are angry at the injustice they are witnessing, are a KEY piece to making the judge allow you to access the record for as long as you need, without cutting you off and diverting your train of thought. Then you always get a copy of it right away. You must ALWAYS get your tapes and transcripts immediately - do not let them "cut and paste" with your transcripts and records, and you better believe they will - your records will also conveniently "disappear" if you don't get them right away. You have to be vigilant about every detail of your case, like no attorney will.
There is no such thing as an "unimportant" hearing, now that you are prosecuting your own case, as every opportunity to make the Record is another victory for you if you take advantage of it. If you do not, you cannot hope to keep up with the assault they will be intensifying against you. One of the biggest problems is people have no experience in court to understand that they are doing - each hearing gives you more confidence and experience. Be thankful every time you can make the Record and build your case against your abusers. They will more than likely, call all kinds of hearings instead of your Summary Judgment, and the STATE will move to dismiss your Complaint on their corrupt process every time. This does not matter, because as you have learned, any judges order can be appealed, and remember, you are MAKING THE RECORD of what has happened to you and your family. No matter what they do, you DO NOT STOP. If they dismiss saying you cannot file again, you file again anyway. We have found that just like the courts make up their own rules as they go, and that there really are no rules at all, just about everything we have done we were told we were not allowed to do, and it has worked wonderfully. When you know it is right and that you are acting within you lawful rights, you stop at nothing because someone told you you could not or are not allowed.
Righteous Civil Disobedience is the highest form of Law, said Dr. Martin Luther King in his inspired "Letter from a Birmingham Jail";
"..... One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law. Of course, there is nothing new about this kind of civil disobedience. It was evidenced sublimely in the refusal of Shadrach, Meshach and Abednego to obey the laws of Nebuchadnezzar, on the ground that a higher moral law was at stake. It was practiced
superbly by the early Christians, who were willing to face hungry lions and the excruciating pain of chopping blocks rather than submit to certain unjust laws of the Roman Empire. To a degree, academic freedom is a reality today because Socrates practiced civil disobedience. In our own nation, the Boston Tea Party represented a massive act of civil disobedience. We should never forget that everything Adolf Hitler did in Germany was "legal" and everything the Hungarian freedom fighters did in Hungary was "illegal." It was "illegal" to aid and comfort a Jew in Hitler's Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country's antireligious laws...."
One of our buttons says "Say No To Corrupt Judges" and that is exactly what you must do. We cannot compromise anymore. You cannot aggressively confront something while timidly letting the whores have their way with you.
Chapter 15 Making the Record Stating Facts and Insisting on Speaking.
The reason this book is called "Truth In The Record" is that this is really the key to the courtroom. This is the core of the whole Lawful Process that insures you a fair hearing in an unbiased courtroom, among a jury of your peers, and a room filled with courtwatchers, to see that your rights are upheld. That is what a court is SUPPOSED to be.
The important image to grasp is that it does not matter WHO is sitting on the chair at the altar of the court. That judge is a PUBLIC SERVANT, an unbiased referee, there only to maintain decorum and order, while you, the People, make your Public Record.
He is supposed to be unbiased to a jury decision. That is ALL he is supposed to be doing ! This is NOT what you experience in the courts today. Judges today are trained to be biased, tyrants used to making up the rules as they go, arbitrarily, and there has been no real oversight to stop them. The courts are not based in Law, but in practices and no Constitutional Due Process is in place. Discredit the Slanderous Accusers - Subpoena Your Adverse Witnesses
At least ten days before any important hearing, you want to file your Motions, and you will also want to Subpoena the ones who are accusing you into the courtroom to testify. These are your opposing caseworkers, officers, attorneys, also any officials who have knowledge of your case directly and are knowingly allowing the courts and agencies to violate your rights or protect criminal public servants.
It is not enough that you are provided a witness list, along with the rest of your discovery that must lawfully be provided at least ten days before. You want to write your own subpoenas to insure they will stay after they appear for the state. You will cross examine these people yourself, and ask them "isn't it a fact that you said such and such, and isn't it a fact that you, and you question them that way. You do NOT ask open ended questions, like "why did you do this"...... You also do NOT argue with the person you are cross examining. You make them commit to a statement, on the Record, and then later you show how that statement is false or misleading, but at the time you just keep asking questions. You make the court discover to you all of the Records being used against you, and you then question the authors of these Reports about their truthfulness. We have had three police officers and a police chief perjure themselves blatantly under cross examination, and you will ask the truthful questions that no attorney will ask, and insist on confronting your accusers openly.
It is extremely important that you do this, to make the officials who should be protecting you and prosecuting the criminals, be accountable for their silence. A form and sample Subpoena is Appendix H and I. On this, and some other process questions, you need to refer to your state Rules of Civil Procedure on differing state procedures. The bottom line, Sui Juris, is that you documents must be clearly written and clear in stating your intent. The court is not to deny you because you failed to conform to some administrative rule or process.
The bar scheme is called "confusion of caselaw and conflicting legal theories" and we do not play that game in the courtroom. It is a facade to keep up the appearance that you need their expertise and authority to understand the law. You do not want to try to learn to be an attorney. You are your Natural Person speaking for himself, truthful, factual statements about whatever has happened to you. Sui Juris litigants insist on being treated respectfully, not as victims incapable of aggressively pleading their own cases and fighting for themselves. Attorney pleadings go on for pages without substance, like a preacher who sermonizes for an hour and says nothing of any meaning - you do not do this. Your truth is amazingly powerful and your whole goal is to speak it and enter the Truth into the Public Record.
So, you write your Subpoenas and just like when you first filed your Complaint, someone else must serve the Subpoenas and you keep the process serve for he court, and a copy for yourself. These are not frivolous documents, (nothing you do should be frivolous, we are all accountable for right use of process and utmost integrity in our petitions) and are to be used for those people who have RELEVANT testimony and knowledge of your case. You should have questions written out in your notes when you go into court that you are going to ask them.
Chapter 16 Going Into Court
NEVER be caught unprepared. You prepare what you are going to say on paper BEFORE you go into court as well as possible. DO NOT think that you've got it in your head what you are going to say. I PROMISE you the best and most experienced cannot go into a courtroom without something written down and remember all the important things that need to be said . The judge and the attorneys are trained professionals at diverting you, distracting you, shutting you down, getting you scared and confused and emotional and if you do not have something written to refer to you will NOT cover the facts that need to go into the Record. This is so important that we cannot say it enough. This is why you write your affidavits, and then you can read these facts when you go in about what has happened to you.
It may seem I am belaboring this point, but I have lost count how many times we have heard people assure us that they have it under control, what they are going to say, and how they are going to get all the important things into the record. Invariably, in the courtroom, they turn to Jell-O and get emotional right off the start, and forget EVERYTHING they were supposed to say!!! I am sympathetic that this happens, but there is no excuse for it, and you will not be able to plead your own case if you let his happen. Again, the reality is that if no one says it, it is not there ! This is a war, the other side strategically entrapping us, and if you do not make an aggressive defense, you will not be able to force accountability by the courts.
Everyone is TERRIFIED, unfamiliar in exploitive surroundings when they go into court. People shake, feel faint, often throw up, but be assured, this happens to seasoned attorneys, too. The richest and most powerful people in the world are the most terrified of judges in a courtroom. We have been told candidly by attorneys, that they are actors coming into a courtroom, often having been paid large sums of money to defend someone. In truth, they are often not prepared, have spent the money but have not done their work and have not even read the case file, but are expected to stand there and look of5cial, play the game with the fellow bar member judges and DA's to work both sides in the courtroom and above all NEVER let anyone know they haven't a clue what they are doing, or see through the facade that the facts, nor the truth, are not important to the court. They shake, their voices crack, their faces turn beet red (tomato heads!), they also throw up sometimes before court- it happens to the best of people. So when you feel these things, realize they are normal, shake them off as much as possible, take a few deep breaths, and get in there and make the Record in your case. The judge will use a lot of maneuvering to prevent you from speaking, but you insist on getting the details in. If he resists, you say "I want to make an offer of proof, for my Appeal". A Judge Lawfully cannot refuse this, and in a jury trial he will send the jury out while you make the record. This is an absolute right you have. Sometimes, if you have a snarling judge, he will deny you this right anyway. Then, be sure and SAY - OUTLOUD - ON THE RECORD - "You, Judge are denying my right to access the Public Record and this is a denial of my rights of Due Process. I RESERVE ALL MY RIGHTS WITHOUT PREJUDICE, I DO NOT GIVE YOU PERMISSION TO VIOLATE MY INHERENT SOVEREIGN RIGHTS, I take exception to this, and will appeal this obstruction of Justice". The main thing is that you SAY THIS ON THE RECORD. NOW you have something to appeal.
You must be careful in pleading your own case not to incriminate yourself. Attorneys do not stop people from doing this anyway, so you are no better off with an attorney in this area either. Will tells people "you are not in church" and it is true that in court it is not a normal human conversation, and you must be careful not to open yourself to "broadening the scope" against yourself. You pay attention and make objections every time someone testifies using hearsay, or if they try to bring in things that are not relevant to the charges being brought against you.
If you are in juvenile court, you are not in a real court, there are no defendants and there are no charges against anybody, and no Lawful jurisdiction. If you are not in Circuit Court you have not been "charged" with a crime. No matter what they are calling it in other courts, even if they use the word "charged", you have NOT been charged if you are in juvenile court and they know this. Usually the people believe they have been "charged" but they have only been accused, and this is not lawful prosecution. The court will use the word "charges" until you back them down in court - you say "Isn't it a fact I have never been charged with any crime?" and they will say, "yes, that is true". In Oregon, a District Attorney petition is required to actually bring prosecution, or "charge" someone, including a juvenile. But, the abusive caseworkers and probation officers and all kinds of other job titles routinely write "charges" against children and people in jail, without any lawful authority at all to be doing this, and the judges are fully aware that these are not lawful charging documents. As with everything else we are doing, you must challenge their criminal, outlaw prosecutions and policies or they will keep getting away with it- and the place you must challenge it is ON THE RECORD IN THE COURTROOM.
You DO NOT answer questions that are meant to confuse you and incriminate you. We have learned from cross examining judges and DA's that their favorite answer under cross examination is "I don't know" and "I don't understand the question", and "I don't remember". Use this a lot when you are being cross examined. (For example- the STATE will say "this report says that drugs were used in the apartment"- YOU say - ""have I been charged with a drug crime?" Of course, if you haven't, the judge should uphold your objection and you should see the DA back off. The game is that if you do not know such deceptions and you don't know your rights, you will naively "admit" to this hearsay, saying something stupid like "oh, my brother was only arrested once a long time ago for drugs", or "I only did it once" or something like that, and once you "admit" now you are fair game for any questions about drugs, even though it is a violation of every right of Due Process to engage in a line of questioning like this, and even if drugs had nothing to do with the reason you are in the courtroom at that time. This is the greatest danger you face, and need to be very careful about. Your attorney will NOT protect you anyway, he gets paid whether you win or lose, and he will not lose anything personally to defend you, so you must be careful not to self incriminate. We see people do this all the time (usually with an attorney sitting right there not objecting!). Again, you must catch these ways that the court uses to destroy you.
If you do not confront them, and stop allowing their abusive methods, you are participating in your own rape right there in the courtroom. DO NOT LET THIS HAPPEN.
You stay as calm as possible, focused on facts - do not get entangled in their emotional game, and do not answer questions or make statements against yourself in any way. Remember, the burden of proof must be on the STATE when you are the defendant, and so you constantly keep the heat on the STATE to prove anything they say.
Remember the reason that the Record is so important. Understand that when the judge finds in favor of the STATE, a foregone conclusion in most cases, then you appeal this finding or order or judgment. THE ONLY THING THAT GOES UP TO THE HIGHER COURT IS THE RECORD. If you have not disputed the trash that the STATE has created against you and is calling a "case file", and you have not put your facts to incriminate and dispute the STATE case into the Record either, then even if you or an attorney files an appeal, there is NO confrontation or dispute that shows any appealable issues to the appearance of the higher courts. All they see are slanderous reports that were undisputed, therefore becoming fact, and to the higher court you appear to be a child abuser and a criminal of the worst kind, and the reports are right there to "prove" it.
Even though a case is a pack of lies, if you have not made the Record, those lies appear to be truth to the appeal courts, and anybody else who sees the case file. You have no way to defend yourself if you do not write everything in a document, stop making telephone calls or talking to the STATE people at all off the Record.
Even if you do not understand how important these procedures are, all we can say is that this is what we have experienced, and you will find out later, as we did, that because you DID these things in EVERY hearing, the foundation you have built of undisputed testimony will serve you later, protecting you in ways you cannot imagine yet. You will come to strategic points in your case, and will suddenly realize that if you had not done certain things a long time before, that now, when it is critical later on, you would not have laid the groundwork that you are now firmly standing on in the court, and you realize that you have covered yourself already.
Because you already stated it on the Record, no one can dispute you and you have evidence now of your Truth and the STATE failure to rebut. You find that you can "move" in a certain way because you have already made a first step when you got it into the Record. It unfolds all kinds of ways in your defense, and as you go into court and do this in every hearing, you are protecting yourself as you go, and you are using the Record to account the things that are happening as they happen. You are bringing the court into real time, not talking about something that happened to you in the past, but an unfolding crime scene that the corrupt court is a part of. You are building your defense and a foundation for your lawsuit for damages for the criminal abuse you have been subjected to.
When we are in court and being abused, we tell the judge "we cannot stop you from being a criminal and a tyrant". If you are alone you might get arrested, not to fear, if they arrest you for confronting a judge lawfully to assert your right to make the Record, you will get a trial and it will work to your benefit. Many of us have been arrested for this. This is another reason why you need a group of courtwatchers to witness for each other. We tell the judge "Go ahead and do whatever the nastiest thing is that you intend to do. All we can do is make sure that the whole world knows what you are doing." Be sure and and state this on the Record as he yells at you to stop or has you removed from the courtroom by sheriffs, you get in the Record what he has done.
Now you have a Record of the tyrant viper at his best, often on videotape. We are making TV Commercials from the insane judge behavior on videotape court records in our case. Judge William O Lewis would not let us speak, and lost control in 1998, screaming at us, trembling and shaking his finger at us , then running out of the back of the room- "I deny you the right to make an offer of proof because FACTS ARE NOT AN ISSUE!!!.... YOU... DO NOT.... ASK ME.... QUESTIONS !!!!" - this insane videotape record now will go into the commercial. The People need to see this for themselves BEFORE they end up in a courtroom, so they are forewarned that court is not what they think it is.
If you are being blocked by a tyrant judge, you tell him "if you don't want to hear what I have to say, you can go into the back, and I will make the Record", and sometimes they will do exactly that, or they will sit back in their chair, backed away from their "altar", silent, red faced and enraged, while you speak your truth. The intimidation of a courtroom filled with knowledgeable angry courtwatchers insures that he will let you speak. Alone, you are shut down immediately, and before now, most people went in to court alone, and some courts force the people to be alone and without Record or Witnesses. We do not participate in any hearings that are off the Record, and extremely advise against any conversation or meeting unless it is on the Record, or at least with witnesses present.
Chapter 17 Filing Your Own Motions
Now that you are pleading your own case, you will write your own Motions. See Appendix J and K, a format and a sample of what a Motion needs to be. There are really only a few different ones that you will need to use, and can title them according to the question you are asking the court. A Motion is a "move", like in a chess game, and you "Make a Motion" to "move" the Court to act to do whatever it is you are wanting. A Motion is a Question, and everything in court is a QUESTION. Will and I learned that "he who asks the right questions wins the conversation", and " it is all Questions'". We relearn this one daily, as we have moved through the different levels of the courts asking many Questions, making Motions that the STATE unlawfully refuses to answer, as we keep asking someone to tell us where our Constitution is.
It is unlawful for them not to answer, and in Oregon there is a Statute ORS1.050 that mandates criminal penalties for judges who do not answer questions before the court in a timely manner. Check your statutes in different states on this one, but the bottom line is the court has an obligation to answer all questions relevant and necessary for your defense. The court fully knows also that it is unlawful not to produce your discovery and court records, and anything else "necessary for your defense and the defense of your children".
The Supreme Court has advised us that once the Freedom of Information/Privacy Act, Public Records Request and Discovery Demand is served, even if the person filing fails to properly serve all Parties, that every agency and court is mandated to deliver to you EVERY record they have on you or your minor children, and to give you a SIGNED STATEMENT or AFFIDAVIT that attests "this agency has produced to the Petitioner every Record in its possession and no more records exist to be produced". The agencies do not give over any documents without a fight, and rarely provide, as by law, the written affirmation that all records have been released. To be taking federal money while not in compliance with federal Laws is Fraud and Misappropriation of federal money. You need to stay on them relentlessly to get your documents to build your case.
The Format for Motions and Affidavits
There is a real basic format, and a person can look at any example, or use the ones we provided for your Motions. (See samples J and K) In essence, it contains, from the top down, the name of the court you are in and the county and state. The case number, and if it is a new case, put Case No. and a line to write a number on. At the heading on the left side you will write your name, NOT all caps, like the corporate STATE does. When your name is written in all caps, it is refering to a corporation, which you are not, you are a Sovereign Man or Woman, Human Being, Child of God.
Write your name upper and lower case. Then, VS, and the opposing party. You can get local examples from any advocates in your state to see what their legal papers look like, even at the courthouse they will give you sample Motions if you ask.
In the middle at the top you make a Vertical Line, and on the Right side at the top is the Case Number. Then come down and write the title in ALL CAPS, and always write ORAL HEARING DEMANDED.
You start each Motion with your name, then write sui juris, and whenever you sign your name from now on for any legal purpose, you write sui juris after it. One definition is "in my own right". Another definition I was told, and feel is significant, is that sui juris means I AM- capable in mind, body and soul to plead my own case. For us, this means that when we say our name, then Sui Juris, we have established I AM in the courtroom, and that God is Present and in control of the proceedings, and the TRUTH goes into the Record.
After your name, and Sui Juris, you write "a Free Man/Woman, Sovereign, Constitutional Rights intact. Then you restate the title of your Motion, which is telling the Court what you want it to do.
You come down a space and write AFFIDAVIT. Here you are going to tell the court the reasons why you are asking it to "move" , and why you want it to act, and support your argument why it should act on your behalf. You begin every Affidavit by stating "I hereby swear and affirm that all herein stated is true, factual, sworn testimony before God, as stated" or something close to that. You must swear at the beginning of the affidavit in order for it to be a lawful affidavit. We receive affidavits all the time from attorneys and caseworkers and police where they write s/s (which is NOT a valid signature or a legal order) at the BOTTOM of the page, after the affidavit and just before their signature at the end. In Lawful terms, this means that all that has been "sworn and subscribed" to is their signature ! (And they know this - it allows them to say their statements weren't "sworn testimony" when you say they have perjured themselves later in court- their deceptions never end!).
In the Affidavit you lay out the facts of what it is you need to say. Just write it in chronological order, name names, dates , events. They did this, then they did this, then this happened. If you can't remember dates, say "on or about"'. Lay out what it is you need to say - and every person I talk to knows exactly what needs to be said and what the attorney or the judge prevented them from putting in the Record - remember, you are no longer the one on the defensive, you are prosecuting the STATE in your case from now on....
Your affidavit can be long or short, a paragraph or twenty pages, 50 or 200 pages if you need to attach exhibits. Whatever needs to be said, whatever documents you want in the record as evidence, you put in there. Mark your exhibits "A, B, C; then if there is more than one page to a particular exhibit, mark it "A-1","A-2","A-3", etc. After you get through the alphabet, start on "AA, BB, CC" etc. Refer to your exhibits in your paragraphs, and number your paragraphs as you go. Make everything as plain and simple as you can to get your case across, not leaving out anything that is important to your defense and exposing what you know and have experienced about the STATE corruption. We are all building a huge massive case in the courts together by naming names and confronting a corrupt system. Each time the Truth gets in the Record, it builds a foundation for the Bigger Case. (The Good Book refers to the Truth as the leavening, affecting the whole loaf of bread.)
Date your Motion, sign it, Sui Juris after your name, add a Certificate of Service stating the Parties you have served it on and their addresses, and go file it at the courthouse on your case numbers. This basic procedure is going to be repeated a thousand times before you are likely to get through your case. It is the same every time, just different wording according to what needs to happen at that moment in your case, often dealing with whatever just happened in a sham proceeding, and you delineate the events in your affidavit. Ask the clerks lots of questions, do not take no for an answer. In our experience the clerks have been very helpful, and it is the JUDGES who play games, like not having your casefile every time you ask for your Records and blocking you.
The Clerks know their process, and to a reasonable degree, you comply with it, the main objective always being to get a hearing and to access the Public Record. Pleading your own case is not hard, but it IS a lot of work, and the paperwork HAS to be written and filed or you will not have a case and your efforts will not be aggressive enough to accomplish anything. Again, the work is not hard to do, but it has to be done, and attorneys do not do it either, even if they are paid a lot of money, because they get paid whether they win or lose, billable hours their only goal, but you are prosecuting your case now for yourself and your Family Body.
The copies of Motions have got to be served on the parties when the times arise for this. Articles must be written to distribute if you want to generate the attention that is necessary to make the STATE back off from destroying you. And you are making the Record for thousands of people who are not able, do not know how, are being blocked and threatened, and worst of all are paralyzed with FEAR. You must be FEARLESS, realize the judge is just another person, who works for you, is a Public Servant, and is equal with anyone else before the Law.
THEY ARE NOT IMMUNE FROM PROSECUTION. YOU DON'T CARE WHAT THEY SAY IF THEY ARE VIOLATING YOUR RIGHTS. You stay focused and factual, the Record is the thing that is important at all times. There are no guarantees that they will not retaliate every way imaginable, we have personally experienced intense retaliation for three years for standing up to their corruption.
But your safety is the Public Knowledge that you have created, that they know whatever they do to you, the whole world is going to find out right away and it stops them in their vile attempts. Do not engage the judge emotionally fearing all the things he can do to you - that is THEIR game - they will keep you spinning out in the sidelines crying and defending every slanderous thing they are saying about you.
We KNOW it is beyond human tolerance to not react, especially when it is your children who are being destroyed, but try to save the tears for later - you MUST FOCUS on the Record. Like a strategic football play, or battle maneuver, your goal is to get your Truth into the Record in every hearing. The whole thing is ONE STEP AT A TIME.
You do what you can every hearing, and you stop, and regroup and take your next step. You DO NOT project fearful scenarios, you stay present, and realize, as our good friend Joe Carr told us, that with God there is always another door - NEVER a dead end, unless you QUIT.
Whatever the judge does to you, you will Appeal - even if they haul you into jail (you get a jury trial now !), and you can only appeal his orders IF you made the Record, or at least made the Record that he was not allowing you to speak. We do not engage any judge in courts of NO record, like Municipal "court", or any of the hearings and mediation courts. ALWAYS the first question needs to be "ARE WE ON THE RECORD?" If they say, this is not a court of Record, then you say "Then this is not a court of constitutional judicial due process. I must protect myself, and will not self incriminate by talking to you off the Record. You can go ahead and do whatever it is you intend to do, which I do not give you permission to do, as a Public Servant perjuring your oath to protect my Constitutional Sovereignty, and I will appeal it immediately IN a COURT OF RECORD." And you go sit down, and appeal any orders they generate against you. In every hearing you talk about everything that has happened to you up until that point, or once you have started making the Records, you cover what has happened since the last hearing. Then you ALWAYS get the Record after court, usually for a few dollars, either audiotape or Videotape. We have learned that if you ask the judges secretary before the hearing, that you want a copy of the Record, they sometimes have multiple recorders and will make you one so that you can walk out of the courthouse after the hearing with it in your hand. ALWAYS get it as soon as it is ready - we have seen judges play "cut and paste" with court Records, even bringing edited videotapes in to trials to conceal evidence of their crimes. NEVER underestimate the degree that the judges and attorneys will go to undermine you and avoid liability to themselves.
Chapter 18 EVERYTHING THEY DO TO YOU - APPEAL !! The Key To Confronting State Court Corruption and Systemic Abuse is the Record
We have been told by judges that "If you don't like what I am doing, you can appeal it", as they continue to deprive our rights in some unlawful manner. It is impossible to make them answer your questions, as they mercilessly violate your rights.
What we have learned, is that you have the absolute Right of Appeal of any order, judgment or adjudication made by ANY judge in ANY court. You appeal to the higher court, from Municipal to Circuit, from Circuit to Court of Appeals, their decisions reviewed by the State Supreme Court, and Federal Remedies (although in our experience the Federal Court judges are as corrupt as the Circuit courts, and more closed to the Public scrutiny - better paid whores to the Corporate Administration Bar Association!) to oversee State Court decisions if necessary.
This is the set up anyway, but right now rarely ever will one of these courts protect your rights or "let you win" if the STATE is the opposing party and you are confronting the Systemic corruption and violations of your rights. THEY KNOW they are corrupt. THEY KNOW they are bringing you into a corporate court, stripped of your humanity and Inherent Rights, your Sovereign Rights or any Constitutional protections, under Martial Rule, where you are the commodity and subject to Administrative rules and statutes. They have perfected language and schemes and court maneuvers to cover every situation to control and win, regardless of facts and Law. They have created "laws" that allow the STATE to Violate the Public Trust without appearing to break the Law. We have seen judges bias juries, and routinely direct verdicts from the bench. There is no level where the courts will stop in their assaults to prevail once a judges lie has been challenged.
The Notice of Appeal must be filed into the higher court in a timely manner, depending on your State. We have seen letters from attorneys to people for whom the attorney has just lost their children, to dissuade them from filing an appeal. Most of the juvenile cases we see are never appealed. Most appeals at this time in Oregon, are routinely "affirmed without opinion". When they do that to you, you will appeal that courts decision with a Writ of Mandamus, into the Supreme Court. All the time you continue to build your Record of the corrupt courts abusing you, Recording how you and your children are being criminally attacked as the courts act in collusion to protect your abusers.
The attorneys destroy the family, make their money, often financial bonuses for "successfully completed cases", ie convictions and adoptions of children, and they move on to the next vulnerable prey. They are paid in bulk wholesale on juvenile cases, and we are told that judges are paid a bonus, for example, conducting support enforcement hearings, over his regular pay and perks and retirements. The recent Supreme Court decision to prevent "criminals" from appealing their own cases must be challenged, as you will see, making the Record is the Key to defending yourself, and your right of Appeal often your only hope in the fetid lower courts.
Motion For Reversal - Important Part of Your Appeal
In an ongoing case, such as most of the Child Services cases are, there will come a time for a "final" trial, the goal and financial reward of the STATE coming with Termination of Parental Rights and Adoption of your children to strangers paid by the STATE and Federal government. The methodology I am describing is very important to understanding why this next part is so important. If you are in one of these situations, Pay very close attention.
The lower court is generally the end of the "fact finding" phase. You don't get to add to the Record, except with new evidence, and a few other exceptions. But basically, the Record has been made by the time you are appealing the final order or judgment. You file a Motion to Reverse, and Motion for a Trial by Jury (in Oregon, there is NEVER a jury in the taking of children). You can call it also a Motion Objecting to Form of Order. You can put all these titles on the same Motion, the important thing is to file it within TEN days after your hearing and write an affidavit in it that makes your whole record. Get every lie they have told about you, every abuse they have committed, every undisputed accusation, anything you need to say, as this will be the LAST opportunity to do it. The judge may try to not admit your Motion into evidence, because it came after his "final order". This does not matter, he knows this is bunk, that he must act on your motion, usually to immediately dismiss, but that is OK.
The Reversal Motion is your appellate right and process on anything he orders in any way, and then you will file the Motion into the Appeals court itself along with your notice of Appeal. It is lawfully now part of the Record, and contains the damaging information to dispute the STATE case against you, and discredit the witnesses who slandered you without being cross examined adequately. Make sure it says ALL OF THE THINGS they have not let you put into the record. This is the beauty and the empowerment of refusing to allow yourself to be abused anymore. No attorney will do any of this. The Truth in the Record they deny, dismiss, and ignore but cannot stop from exposing their corrupted practices as you tell on them. You are also building your records for your Civil case when you file your Civil Complaint against them for damages and redress of grievances. You will use this undisputed court record for the evidence in your case - remember - when you are prosecuting your own case, every hearing is an opportunity to put the Truth in the Record. The Court of Appeals Only Sees The Record All that goes up to the higher courts is the Record.
Now we are onto one of the most important parts of the whole defense you are building for yourself. This must be CLEARLY understood, and once it is grasped, you will know why it is so important to do many of the other things we have said to be doing already in your case. This is why EVERYTHING has to be a document, no more phone calls. DO NOT TALK TO ANYONE OFF THE RECORD ANYMORE, and if you must, insist on bringing a tape recorder or at least a witness- NEVER talk to anyone alone either. GUARANTEED EVERYTHING WILL BE USED AGAINST YOU.
This is barely understood by the average person not involved in courts. The "fact finding" phase of the case ends when the State case is decided. Every hearing, a judge makes some decisions about motions, or sentencing, or generates judgments and orders, telling you to do some thing or another or restricting or compelling you in some way. Every hearing and trial there are documents that the judge generates, most people never see any of their documents. Each of these things you will Appeal, by getting the written copies from the Court and filing your appeals.
When you are in the courtroom, Sui Juris, without a bar member silencing you, you dispute any lies, and you force the judge to allow you to make the Record, naming everything that has happened to you including judge abuse. IF YOU DO NOT SAY THESE THINGS OUT LOUD IT IS NOT IN THE RECORD. The Court knows this, and will do everything to block you or to make you self incriminate on the record.
If you allow an attorney to represent you, and he does not speak the Truth in the Record, and lets lies go in undisputed, those lies become legal facts in the Record. Mien you file your appeal, ALL THAT GOES UP TO THE APPEALS COURT IS THE RECORD. This is how they have been manipulating the courts without scrutiny, keeping up appearances that there is oversight in place, controlling any dissonance in their process.
As Assistant Attorney General Ted Meece stated "we generally build a case to show clear and certain evidence for the Appeals courts" translated that he generally creates an appearance of evidence unchallenged in the Record for the Appeals courts, and aggressively omits from the case file and from the courtroom any confrontation or dispute with the state manufactured version of a case. It is the biggest SCAM going.
The bar attorney DA's and other attorneys manipulate the courts to prevent any confrontation. They use plea bargains to keep most cases out of the courts, filling the prisons with non violent offenders, vulnerable people coerced for plea bargains on often victimless crimes. Agencies are rewarded for over quota 'successfully completed cases', and DA's are rewarded for "guilty" pleas. For example, judges are paid extra to sit on support enforcement hearings and these are built in financial incentives to increase court and agency caseloads. It is outright extortion, with no controls in place for false swearing and reporting. The STATE maneuvers using fraudulent statutes that other bar members in the legislature and on commissions have written for themselves to give themselves a "carte blanche" to run riot on everybody Rights.
So - even if you think you have the Right of Appeal, it means nothing unless your Truth has gone into the Record. Even if you DO appeal, there is no confrontation with the other side, and by all "appearances" there are no "appealable" issues. This will be the case even if the case is absolute lies and fabrications, often the case, in our courtwatching experience.
Now that you are prosecuting your own case, you will come to realize there are never "unimportant" hearings. Every hearing is an opportunity to make the Record and for building your defense. YOU Always show up, even when they say it is cancelled, often they will have it anyway without you, and you lose by default.
How can they do that? We do not ask that question anymore - they do whatever they want to do. You will see this game played out in every courtroom in America - overtime you learn the diversionary tactics of judges, DA's and attorneys to accomplish their goals, words and phrases that an attorney knows mean "don't push that any further" and to not confront corrupt systemic problems.
It is called "Making the System Work", and you are a threat to the "system" if you do not compromise. The Sui Juris litigant brings the Truth into the courtroom, and the corrupted Process becomes obvious in contrast.
File Your Notice of Appeal:
Find out in your State how long you have to file an appeal. Some orders must be appealed in ten days. Usually it is thirty. This is another one of the many court processes that are designed to make people lose their cases. Often attorneys do not file timely, and are routinely dismissed, as you will be too, if you give them this opportunity. It is best to file it timely to avoid giving them any leeway to dismiss your appeal.
We found out that you do not have to wait until a "case" has been "finalized" to appeal orders that are part of the case. For example, if the judge orders you to take a class, or under contempt, or ends your visitations with your children ,or whatever, you immediately appeal this, even though the "bigger" case remains ongoing. We were told you could not do this, but we found you certainly can, and you have every right to redress against any order or judgment, especially when they were created in a court of no Due Process, and you were denied "fair hearing". In Oregon, they are fighting us on this one, telling us that we cannot appeal "non-final" appeals or "orders" that are not "judgments". These same "non-final orders" will take your children if you do not comply, and put you in jail for contempt if you refuse them, yet the courts are trying to say this cannot be appealed. We do not accept such oppressive strategies to block our hearings and redress.
It is very important to appeal everything they order, because when you get to the final judgments in the lower courts, and appeal this, the State will make a Motion to EXCLUDE all those previous orders and judgments. The STATE knows no bounds to screw us at EVERY turn if we are not careful and really paying attention to our records, our cases. I guarantee that no attorney, even paid a lot of money, will work for you as diligently as necessary to put on an aggressive defense.
Many of the people we talk to have already pled guilty on a coerced plea bargain, and have been "convicted" without a trial. This is what your attorney calls defending you. They will tell you something like "you can't hope to win", or "that is the best you can hope for", or "just take these services and cooperate with the agency" or "you just have to go along with the Process". They do not tell you your rights, the Constitution and the Laws do not enter in. They "stack crimes", they break one incident into ten pieces, with different case numbers, so that they can call it "multiple offenses" and mandatory sentencing comes in. They know this is all bogus, but they use it to incarcerate people - children - everyday. They use this to threaten you to plead guilty to a lesser "charge", agree to "services" and "classes" and "counseling" and "fines" and "treatment" and "jail" and "probation" and a "permanent record as a criminal for life" and they tell you that this is your only option. What they do not say is that this is your only option and what will happen to you IF YOU LISTEN TO THEM, and let them plead your case, that this is exactly what they intend to do to you, or worse. You have to understand these systemic flaws, to be rid of preconceived notions, and to wake up enough to your own responsibilities to fight for your own defense, and your children, if necessary.
Appendices L and M are examples of a Notice of Appeal, and a copy of one of our appellate briefs. You file your Notice of Appeal on all parties, with a certificate of Service, like all motions. In Oregon, appellate briefs are supposed to have light blue covers, but not the Notice or other documents. Remember it is ALL documents, and you and the courts volley back and forth - you ask, demand, they either comply or refuse to allow you relief or hearings, and you do not take no for an answer, going higher all the time to their bosses until you find someone accountable. This is the problem in the systemic sense that there is NO ONE at this time personally accountable for these extreme frauds and deceptions that have been perpetrated and exploiting a vulnerable Public. You can send your appellate papers or serve this yourself. Don't forget the Certificate of Service at the back showing the people you sent copies to. You file it also at the courthouse, leaving a second copy for the court transcriber, even if you have a videotape. Ask the Clerk at the Appeals Court who they want you to serve, and get copies stamped that you will then serve. Filing Your Transcripts and Briefs in your Appeal.
When you file your Notice of Appeal, you will be notified by the Court of different parts of the case as it proceeds. The Appellate Clerks in our experience have been sincerely helpful, and will usually answer any questions or direct you to State rules to use to learn the Appellate Process they want you to follow. The clerks will usually notify you and allow you time to correct imperfections in your paperwork.
If you are indigent, you will need to file an indigency waiver with the Notice of Appeal, attached to the court copy. You will also want to file a Motion for Transcripts without charge, Appendix N is one we have and used from the Oregon Supreme Court. If you have videotape Records of your hearings, you may also make a Motion to use the videotape you have, as you cannot afford the thousands of dollars that most transcripts cost. Hints on Filing Appeals and Writs:
We have learned a few things that have helped to effectively get the attention of the courts in our cases. One thing, when you serve a Writ in the Supreme Court, serve a copy on all judges (ask how many). Be sure the clerk gets a copy on each desk. It is NOT enough to send it to the Chief Justice, thinking he will care. In Oregon we served our papers on Chief Justice Wallace Carson for a year before we found out he is the one who is orchestrating the out of county judges and pro tem judges, more than twenty of them we have been in front of, who were brought in to "cut and shred" our cases, and let the STATE prevail. All of our papers were ending up on his desk and no one else saw the evidence of the corruption contained in the Writs.
In your Appeals, do the same thing - ask how many judges there are and leave a copy for each, every brief or affidavit Motion you file. The key is that other judges besides the ones on your case see your evidence against corrupt members of the court and abusive procedures of the lower courts are laid out in your affidavits
Use the language in the example in chapter 13, "Cannot deny you for want of form" in your papers. Do not take no for an answer if the courts try to refuse your papers. Should the courts refuse your case, you file a case or a Writ against the Constitutionality of their refusal. You are Sui Juris, Sovereign, with no contract to any Administrative Statutory process, or arbitrary rule making to block your Court of Justice and Judicial Due Process.
YOU NEVER TAKE NO FOR AN ANSWER. Your Rights have no limit undemanding Lawful redress of grievances, and this is what the courts are denying to everyone..
Chapter 19 Special Writs: Habeas Corpus, Mandamus, Quo Warranto and Amicus Curiae (Friend of the Court)
Special Writs should be filed for injunctive relief; Writ of Habeas Corpus to get falsely imprisoned prisoners released, also we are using it on Children unlawfully being incarcerated in the STATE child abuse system. Writ of Mandamus is used to get answers to specific Questions important to your case; also to appeal an order from the Court of Appeals; or to force Accountability from the higher courts to pressure the lower courts to give you a Fair Hearing. Writ of Quo Warranto literally asks "By What Authority?" and you ask the important questions that are being blocked by the biased lower courts. Chief Justice Wallace Carson in Oregon said that the Supreme Court has original jurisdiction to hear these Special Writs, and that the Writ of Quo Warranto is the one to use to remove a corrupt Public Official from office. Currently we are doing just that (February, 2001) and we will see if this enforces accountability and prosecution of criminally indicted Public Servants and officials The Chief Justice in the State Supreme Court is responsible for the Policies of the lower courts, and so we have challenged the unconstitutional Policies in the Supreme Court. As we have learned the maneuvers and strategies of the courts and how they are used to manipulate everyone's trials, we have challenged every part of it IN DOCUMENTS, filed into the courts, to make a record. At this time this is the closest we are getting to any kind of accountability.
What we are doing is forcing the TRUTH to be confronted, and even when Writs and cases are dismissed, you are telling the Public every step that you are going through. By exposing your situation, in court records rather than just talking about the abuse, you are credibly showing everyone else what has been before now kept behind closed doors, unlawfully concealed and protected by confidentiality. Confidentiality has only protected corrupted courts and the unlawful practices of state agents. Their favorite excuse when questions are asked demanding any accountability, is to state "we cannot talk about it because it is under investigation". Ask the people who have been abused and their children destroyed, they will talk about everything openly, loudly, no need of any confidentiality, as they have nothing to hide, and only the criminals who work for the state are the ones who are being protected.
This is another reason it is so important to go into the courts Sui Juris, asking the Questions, making these challenges using a Lawful procedure and affidavit. Even though at this point they are allowing our Writs, then dismissing and denying without opinion, remember at all times YOU ARE MAKING THE RECORD.
NEVER FORGET that no Bar Association judge or attorney is allowed to make these challenges. They have set up the statutes to allow them to conform the courts to unlawful practices and corporate rules, NOT TO GIVE YOU YOUR RIGHTS. They have created a way to Violate the Public Trust without breaking any "laws", using statutes to do this. So when you say "Judge, you deprived my Due Process", the Judge, rightly, says - "No - I followed ORS blah blah blah and that gives me the authority" to screw you. It is such an amazing thing, that you go to the Statute he refers to, and there will be some unbelievable "rule", vague and blatantly unconstitutional, for the court and the judge to arbitrarily use however he wants to. This is a main part of the Process being used and how judges routinely take children from their families.
There are no rules being enforced at this for the courts and agents of the state, only against Natural People, and we are now seeing the manner and methods of this abuse. Laws are enforced as "laws" only until they have been challenged. The Bar attorneys and judges have prevented Citizen oversight and control of the courts before now. The People now have challenged these statutes and have learned they are unconstitutional. We have learned that the Bar, and the legislative and judicial branches are fully knowing that they are operating and enforcing unconstitutional courts. The Justice 2020 programs, Goals 2000, 21st Community schools and policing plans, Benchmarks Goals, Oregon Shines and Oregon Progress Board, Sustainability goals, to name a few, are all legislative schemes to implement and profit from controls and restraints on everyone's lives, stripping them of all of the protections that are guaranteed by the Constitution and the Bill of Rights, and is the Law.
We the People have a Constitutional Right and Obligation to "educate our legislators" and to "legislative redress of grievances". We are exercising this Right as Sui Juris petitioners challenging unjust laws. We the People have the only authority in a Republican form of government to abolish or amend the Constitution and reform government as we see fit and necessary. When you confront unjust rules, statutes that are not laws, the courts use these statutes to prosecute you, when you have violated no Law, and they are Violating your Rights, and their Oaths, by breaking the Law themselves in prosecuting you. Sui Juris Motion heard in Oral Hearing, Oregon Supreme Court, August 9,2000
We have included in this book a Motion that was entered into an Oral hearing in the Oregon Supreme Court on August 9, 2000, Appendix O. The information in this Motion is vital to the understanding the nature and nexus of the corruption you face when you walk in to a courtroom, thinking that your Rights will be upheld.
The Motion is also included in this book, along with some of our other court documents, so that you can write your own, and see how to lay out your facts into the Record at every opportunity. After you challenge that the court is engaging in fraud against you, then many hearings are nothing more than you going in, waiting for them to waste time talking rhetoric, and you make a statement, whatever has happened to you since the last record you made, and after that, you can wait, or often we walk out. We do not participate in their fraud beyond accessing the Public Record, which is what we came to do, and then we ALWAYS get the Record later. We do not give them permission to violate our rights and we call them on it every time they do, on the Record, in the Courtroom, then expose what went on in the hearing everywhere. Remember, they have to dispute the facts that you lay out, and if they cannot, you win, but that does not mean they will allow you justice or return your children. Remember what we said about a foreign jurisdiction? Well, you see how you do not have your rights protected in America at this time. Writ of Habeas Corpus - See Appendix P for an example Writ.
In the Constitution, the Writ of Habeas Corpus has its own paragraph, being the method created to allow a person falsely incarcerated to force a redress of grievances and show cause for relief. In the US Constitution, Article I, Sec 9, it says "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.".
We saw three years ago a direct sign that we are currently under Martial Law courts, when we discovered that the "Privilege of the Writ of Habeas Corpus HAS BEEN SUSPENDED, and the courts are not allowing hearings on them. What we have seen, using this Writ about five times now for ourselves and others, is they release the prisoner, then deny a hearing. They are not releasing children, however, and the courts are refusing to admit that the children are being held prisoner with the foster homes used as incarceration. The Oregon Law Commission admits there is no process in place for release of juveniles for Constitutional Rights Violations, as the Habeas Writ provides.
The use of the Writ once filed, however, is the best way to intercept the Process in your sham juvenile cases. It forces the higher courts to see that you are confronting the lies and abusive Process and that you are not going to cooperate with being raped in their system and you intend to fight back.
It literally means "bring forth the body" and is a show cause for the court to show the evidence that crime has been committed that gives the court jurisdiction to be arresting and imprisoning someone, or to release them at once.
Use the format and put in your own information. The Habeas Writ should be filed on the Circuit Court and served also on the incarcerating agent, usually the County Sheriff. In the case of the children, we file it in the Circuit Court and on the Administrator for the Child Services. Whomever has the say in where and why the person is being held, is the one to serve, along with the court. If you have an open case number, refer to that number on the front, and attach a copy of the Habeas Writ on that casefile, also. State rules vary, but the intent of Habeas Corpus is that it is an emergency Writ, and a hearing and an answer in provided in 72 hours.
If you get no response after 72 hours, or a denial from the Circuit court, then you will write a Writ of Mandamus as a cover page, use your Habeas Writ as an affidavit, and file it into the Supreme Court. The Supreme Court wants to see a dismissal from the lower court before it takes jurisdiction. Constitutionally, the Supreme Court has original jurisdiction, but at this time, all the courts pass the buck, and say they do not have to act on our Writs or provide hearings. This is more of the blatant obstructionist practices that we are not tolerating anymore. Writ of Quo Warranto - literally 'By What Authority", Appendix Q.
This title can be used to ask a Question to the Supreme Court, in affidavit form, by what authority the government, courts, agency, whatever division you are dealing with, allow themselves to abuse you and your family and lay out what has happened. When you are innocent of any crime, as defined by Law to require an injured party, probable cause, lawful warrants, due process followed, a trial by jury and a conviction of a crime, then you use this Question to ask by what jurisdiction does the government intervene in the life of a free Natural Man or Woman or their offspring? And Constitutionally there is no authority at all to restrict, seize and assess, or tax and plunder the lives, children and property of innocent people. Writ of Mandamus- Literally means "I command", Appendix R.
Use this title and file it in the Supreme Court after the Circuit court or Court of Appeals denies or dismisses a case, or a Habeas Writ, or any lower court action that you are not getting fair hearing or redress of grievances. Appendix R is one of the Writs of Mandamus we have filed. If you have records and testimony from your case that is relevant to another case, you can put this into a Writ of Mandamus and write your affidavit, using the dismissed or denied motion also as an affidavit. The idea is never to take no for an answer, and keep going up in the courts until you "exhaust state remedies". You can also file a Writ of Mandamus on related cases to challenge the unconstitutional statutes. The main thing is to formally file a challenge that requires an answer from the Court. Amicus Curiae (Friend of the Court) Appendix S, T and U
You can file a brief in any case titling it "Amicus Curiae" which means Friend of the Court. If you have relevant testimony to any case, in any court, and especially in the Court of Appeals and the Supreme Court, you file an affidavit, getting your information on the record. This is especially important to friends and court watchers who are helping other people in their cases. And, standing before the Court Sui Juris, this Process is especially dependent on people helping each other.
Often the person being rendered in the system is not able or confident enough to do a lot of things that need to be done in their cases. The documents HAVE to be written, timely, and filed. If you do not build your defense, no one is going to. Writing the documents is not hard, but so often the defendants have been traumatically victimized or their children have been taken, they are overwhelmed by the courts and agencies who have created a treadmill impossible to keep up with.
As their friend, counsel, or advocate, you can often see things that need to be said in court that the judge has prevented, and especially when you see Deprivation of Civil Rights of Due Process in a courtroom. Write this out in a brief and file it on the persons case number. If it is a case in the news, and you have relevant testimony at trial, then you can get the case number from the courthouse and attach a brief the same way.
Appendix S is an Amicus Curiae brief we filed in a case in Oregon wherein the electors chose to open adoption records, and the courts have usurped the mandate of the People, and are blocking the opening of the records from their Lawful owners. We know the underlying reasons and methods of the maneuvering of the courts as we have watched the initiative move through from Circuit court through Court of Appeals and now is in the Supreme Court. The Oregon Supreme Court allowed this Amicus Curiae Brief into evidence and this information was be considered by the Court in the case. The Oregon Supreme Court refused to allow a hearing, not surprisingly, as the did not want the facts of criminal acts to come to light. The opposing side appealed this to the US Supreme Court, and they also refused to hear it, and allowed the Records to be opened, beyond appeal. The power of this document and the evidence went like a narrow in to the Supreme Court, en banc to all the judges. Because it was an initiative and a lot of public exposure, it got our case seen whereas they deny most every petition that is filed, and usually the judges do not see the cases, hearing less than 2% of the cases, and almost not family cases at all. The Courts allowed the Adoption Records to be opened to their Rightful Owners.
Appendix T is another Amicus Brief, written by Court and Family Advocate Velma Hartwig, about our case, and these are formats for everyone to use to speak out and intervene in important and relevant issues and other peoples case.
Appendix U is an example of an Amicus Recusal of a Judge. After this was filed and sent out to the world on the mailing list, , Judge Ochoa "found" that the sex offender online database would likely be "found unconstitutional" and threw the case. The AMICUS Brief worked again! Setting forth the TRUTH IN THE RECORD and Public Exposure is what stops the corruption in its tracks. Do not take NO for an Answer, and Challenge Every Abusive Thing That Happens To You.
The bar member, attorney game has kept the People out of the government for many years now, steadily and stealthily closing what they call "loopholes"; our rights and freedom as they tighten the noose on Lady Justice. We are at a point now where the bureaucracy that has been created has become an oppressive overlay burying our Natural Law and Inherent Rights, Given by God and protected by the Constitution. The whole system is absolutely and irreparably fragmented, a huge fraud being protected in every division of every agency, with a State and attorney run media who insures the People are not aware or alarmed as the State takes full control.
Until now, the People have not understood this information, and even courtwatchers, who are in court, often do not realize what their rights are and so do not understand all the ways the court is violating someone's rights, right in front of them. It is insidious, and we learned, as Judge William O Lewis, Albany, said "Facts are not an issue" in today's non-constitutional courts.
We have learned that it is a facade with scripted parts, and everyone knows their job and their Process. We have found that judges and attorneys have no knowledge whatsoever of the Constitutions, and are taught only statutory law. We have learned to recognize the body language and diversionary tactics that judges use with attorneys to control the courtroom, keep all confrontation out of the Record, and appear to know what they are doing when they don't have a clue at all. They posture, and tell the attorneys to "find caselaw on that", and do not rule according to Law but according to their own arbitrary opinions and interpretations of statutes. These Statutes have been written by other attorneys purposefully vague, whereby increasing numbers of people are being imprisoned in the prison industries the government has created.
The TRUTH IN THE RECORD is a "short" in the circuit to this Process that has usurped our freedom and Due Process. As we have shown you, the challenges to the corrupted system must come IN the courtroom, ON THE RECORD. The facts and the truth is what the courts fight the hardest to keep you from getting on the Record, particularly the Oral Record. But this is the goal and the Public Record is the ONLY REAL THING HAPPENING IN THE COURTROOM.
The other major part of the Sui Juris Process, is taking a lot of people with you into a courtroom. Over time, the courts will change members of the courts - always bringing in new people so that no one is actually accountable- a revolving court where the judge and attorneys and DA's will be different, and so after a time your witnesses become the only ones with credible evidence about our case. Credible evidence is what you see with your own eyes and hear with your own ears, the rest is hearsay. In our court cases, over three years, not one original member of any case is still involved, yet our courtwatchers have been there every hearing.
When they testify as to the criminal acts they have witnessed and the admissions and confessions they have witnessed of criminal acts of State officials and public servants, they are giving Credible Testimony of what they have personally seen and heard.
This is one example of how this Process works so well in ways you will not realize until later on. But I offer this from our experience, so you will trust us and just do these things to protect yourself and challenge your cases and those who are abusing you.
The necessity is to get into the court and access the Public Record. The ways described will give you immediate intervention, but you may not get the response you are hoping for because the State as of yet, still retaliates against those who do not "make the system work". To demand your rights is termed "harassing a public employee" or "threatening a Public Official". You will be labeled "confrontational", "in denial", "dangerous", deemed to have "anger management problems" and "prosecutorial delusions" for saying the judge is a criminal, you will often be threatened for not being "cooperative" with a "peace officer" or caseworker. It will start the building of a Record of Truth in your defense and for your family. They have built a fraudulent, slanderous paper Record on you and your family, a confidential database openly shared among different agencies and courts but not to you (unless you file your FOIA, as we described). When we started getting our discovery three years ago we learned why it is called discovery, and the lies and fraudulent paper trail is beyond belief. Before now, the People did not know about these methods, to confront it.
Now you are building a case against them, becoming a Private Attorney General, a Prosecutor in your own case, coming after them for the abuse and unconstitutional laws being enforced under color of Law. No attorney will address the problem that the statutory scheme is unlawful, searches and seizures and taxation, licenses and fines, and especially databases must be shut down completely and we have to get back to something real - and quick . The problems are systemic and must be challenged beyond statutory rules. This has all been part of a grand experiment, and we see the folly of our unaccountability , now that we are being overrun by tyrants and perverts, a disgusting situation that has bottomed out on its lowest denominator at this time.
"When the People are afraid of the government, you have tyranny. When the government fears the People you have Liberty". Every rule, program, government effort called "protection" agency, is only to protect the State in every department, with supervisors and advisors exploiting each other and the protection is of their jobs and federal funding streams. At this time the state agencies are being funded by federal money, again, with no real effective oversight in place.
Our greatest hope is that everyone who reads this, will tell others, that we have rights beyond our wildest dreams guaranteed in the Constitution, that have been stripped. We have to share a vision free from oppression, where humans trust each other again and children are not criminals for being children, nor are people criminals for their personal choices or for not compromising to the consensus.
The Praxis, or consensus, is a dangerous undercurrent that has permeated all modern government, schools, business and psychology methods policies and thinking. Rather than Law, and Truth, some attorney, or administrator, or abused victim says "I think"; "I believe"; then "We Agree"; then, they gather others around them and everyone agrees so now it is a law". No one is accountable for the constitutionality of such legislation, nor is the State capable of monitoring unconstitutional legislation, when it is itself engaging in non-constitutional courts.
Numbers of People challenging and confronting this oppressive system will force the changes. Everyone must stop giving the government any money until the government is back in the hands of the People. At this time the Republican authority of the People, protected by the Constitution, is not in place. No one should give the government anymore data - not one question answered. At this time the major emphasis is on information gathering and databases on every person.
All data that is being recorded is being shared, and used by the government against us. These Records are permanent, and label and criminalize people for life. We have the Constitutional Right to be free from self - incrimination, and we must start exercising this right, as all other rights.
At this time we cannot trust our government, who has declared war on our humanity, our families, our freedom, and which has become our enemy, as our rights are not being upheld nor protected, this in blatant Violation of the Public Trust. The Process outlined in this book can be used exactly the same way to Petition the Legislature; see Appendix V. Petition the Supreme Court, the Congress, your City Counsel. The main thing is file it, and send it everywhere to people in official capacities of authority who are responsible for your well being, not to allow the State to abuse you. Until you file it, nothing changes. The government tries to deprive Sui Juris litigants of all rights, and until the papers are filed everything you are doing is just talk. You have no cross complaint unless you have filed charges, stating the facts and irrefutable testimony in your own defense. Once you do, the case starts to turn in a whole new direction, and your persistence and vigilance to do the paperwork as it comes due, plain and simple, factual and truthful, will get your case noticed. Capturing the Flag
When you go into the courtroom, take a little flag with you, one without fringe. You tell the judge that you are demanding a Constitutional Court, and that the gold fringe on the flag designates "color of law" (having a fourth color on the flag instead of red, white and blue). The gold fringed flag, according to US Code, stands over military, administrative and Admiralty Hearings according to those Rules. Natural Persons do not come into those jurisdictions, their Military and Administrative "rules" do not apply to you, and you tell him so. You tell him "I stand under THIS flag, not that one, as a Sovereign state Citizen in the Republic of (state name). A Script for Arresting A Judge Appendix W Constitutional Right of Citizens Arrest, All are Equal before the Law, and None are Immune apart from anyone else rights.
After you have made the Record in your case over and over, and been criminally violated and your Rights stripped over and over often by the same judge, you may need to exercise your Right of Citizens Arrest against the criminal Public Servant. This is not something to be done lightly, as you may be arrested making the indictment. Again, this is the best thing that can happen if you do, because you will demand a TRIAL BY JURY and lay out all the facts about the abuse of you and your family. This is another time when the courtwatch group must pack the courtroom, if possible, and you will need two who know you and your case, and who will stand, and state their names and "concur treason". The group must stand together and agree as one, acting as the "jury of the whole" and the "state Citizens ex rel" in that courtroom.
For a Judge or Public Servant to use their lucrative official positions of trust to violate the Constitutionally Protected Inherent Rights of the Natural Citizens, our Birthright and Inheritance, Sui Juris, Sovereignty in any way is TREASON. For any such Public Servant in any official or authoritative capacity to see evidence of criminal acts and fail to report or prosecute is MISPRISION OF FELONY. These are Capitol Crimes and Felonies, "High Crimes and Misdemeanors". The Constitution sets forth that there is "no class set apart" and that goes for all humans, equally accountable before the Law. No Special Rights and NO Special Immunities or Exceptions to the Law.
After making this Citizens Arrest, ON THE RECORD IN THE COURTROOM, you write out a document and title it "DEMAND FOR ARREST, PROSECUTION AND ARRAIGNMENT DATE TO BE SET" and file that on your County District Attorney. You file your prewritten arrest script and the Demand for Arrest on the court case number and on the judge also. Also a good idea to make copies for your legislators and other interested parties. Like the rest of your documents, you state who you are and what you want in the first paragraph, then make an affidavit of the facts and the "reasons as set forth". You always throw the ball back in to their court. If you are arrested making the Citizens arrest - do NOT take an attorney in jail - he will NOT argue the corruption of a judge or your Constitutional Rights. HE KNOWS it is not a Constitutional Jurisdiction you are being trapped into. You write your own paper, as stated, with a pencil and paper from the jail - that is what we, and others have done. Everything is a QUESTION
Simply put, you place the burden back on the State where it belongs, by asking continually what their authority is for what they are doing. They have no lawful authority to compel contracts and restrict the lives of free innocent Citizens and Natural Persons Family Bodies, but you have to know your rights to know when they are violating them. We do not give them any authority over us, and we have learned that it is important to write "All Rights Reserved Without Prejudice" across every document and especially any time we sign anything. As a rule, DO NOT SIGN ANYTHING offered to you, as we know the state will go to great lengths to deceive people into giving out personal information or signing something, only to find out they will exploit deception and use your signature to act as "voluntarily" giving away your children, going to jail, paying taxes, agreeing to all manner of things that you never agreed to. YOU HAVE TO BE CAREFUL. LEARN YOUR RIGHTS AND PAY ATTENTION.
Should you be placed in a predicament where the prudent thing to do is sign something, be sure and write "UNDER DURESS - ALL RIGHTS RESERVED" next to your name...... if you are shackled and on your way down the hall as police are shoving something in front of you and threatening you if you do not sign it, like we have experienced, at least remember to write U.D. next to your name. DO NOT ANSWER THEIR QUESTIONS asking for personal information about yourself and your family, and do not allow interviews with members of your family, agree to mental health tests or evals- DO NOT LET THEM TOUCH YOU OR YOUR CHILDREN AT ALL or you are at serious risk of harm.
We pray that everyone in every state in America, and then in the World, learn what it means to exercise Sovereign Inherent Rights in a courtroom and in their lives.
We expect the People to "bring forth remedy" by confronting their abusers, fearlessly, at every level with what they know, demanding accountability and prosecution for perjuring their oaths of office. Public Exposure and Financial Liability are the only two factors that will effect the system, and removing corrupt Public Servants. This new accountability and the restored authority "Inherent in the People" will allow moral integrity to be restored. The "greed factor" will cease to be the bottom line as it is now, the corruption and fraud cannot operate with everyone watching now. Everything that has been entrenched has happened in ambuscade, from a concealed position, deception and color of Law giving an appearance of Law to allow Public Servants to Violate the Public Trust without appearing to "break the Law". The LIGHT of JUSTICE shines forth in the courtroom and cannot be disputed when the Sui Juris Child of God speaks the TRUTH ON THE RECORD.
App- A(pg 29)Sample Freedom of Information Act Request-61
App- B(pg 29)Demand for Discovery/ FOIA from our Records -62
App- C(pg 31)Example of Complaint for Racketeering and Deprivation of Rights from our Records-63
App- D(pg 33)Sample Tort Claim Notice-111
App- E(pg 33)Tort Claim Notice from our Records-112
App- F(pg 34)Sample Motion for Summary Judgment -113
App- G(pg 34)Motion for Summary Judgment from our Records-114
App- H(pg 38)Sample Subpoena/Duces Tecum-123
App- I(Pg 38)Subpoena from our Records -124
App- J(Pg 43)Sample Motion -126
App- K(Pg 43)Motion from our Court Records-127
App- L(Pg 49)Sample Notice of Appeal -130
App- M(Pg 49)Appellant's Brief from our Records -132
App- N(Pg 50)Sample Indigency Waiver Form -140
App- O(Pg 52)Motion Entered Oregon Supreme Court Oral Hearing -142
App- P(Pg 53)Writ of Habeas Corpus-151
App- Q(Pg 54)Writ of Quo Warranto-156
App- R(Pg 54)Writ of Mandamus (includes Appendix W) -160
App- S(Pg 54)Amicus Curiae Brief -170
App- T(Pg 54)Amicus Curiae Affidavit -173
App- U(Pg 54)Amicus Curiae Demand to Recuse Judge -174
App- V(Pg 58)Petition to Legislature for Redress of Grievances -178
App- W(Pg 58)Script to Citizens Arrest a Judge or Public Official -164
App- X Conclusions of Law to use in your affidavits-183
Constitutional Parental Rights caselaw -185
"Cannot deny for want of form" caselaw on page 31
SUI JURIS The Truth in the Record A Process For the People to Access the Courts
Did you know there is no such thing as "Constitutional Rights"? Your Rights are given to you by God, your Birthright, your Inheritance, Sovereign, and cannot be restricted or taken from you. The Constitution does not give you any rights, it RESTRICTS GOVERNMENT from interfering in the Right of Sovereign Natural People to exercise their Inherent Rights freely.
Learn how to exercise these Rights and protect yourself by know1ng what your Sovereign Inherent Rights are, in order to demand them in a courtroom.
Increasingly, people find themselves without any rights 1n court, entrapped in snares created by state governments to create fines, seize private property, children, inheritances and freedom. People are finding that their attorneys, often paid huge sums of money, do not aggressively defend them, but actively work for the system.
Knowing the real nature of the court and what is happening against you is half the battle in preventing the state from abusing you and your family. Learn why you do not want anybody to "represent" you, how you give up your Sovereignty when you allow anyone to represent you.
Learn to tell the public servants in black robes that you do not allow them to violate your Rights and abuse you. Learn to tell the court that you do not voluntarily comply with an unconstitutional Statutory Corporate Administrative process and that you are not a "Commodity " to "sustain" a "funding resource stream" for the STATE. Learn to go into a court and exercise your Sovereignty, claim your Inherent Rights and make a Public Record of what has happened to you.
Sui Juris is a Process to access the Public Record and force the facts of your abuse to be heard. Learn to write your own motions and court documents, and confront any level of government that you have come into conflict with. Learn to demand your Constitutionally protected Inherent Rights in any legal situation, as well as confront unlawful government policies. Learn how to force public servants into accountability. This book is written as simply as possible, in layman's terms, reasonable and easily understood. Once you know your Rights the courts cannot deceptively manipulate you anymore.
Sui Juris has forms to use, sample legal documents for a format to write your own legal paperwork, and relevant information to paint a clear, full picture of the nature of the fraud being openly conducted around you. Once you see it, you will be outraged! And they will not be able to exploit you.