E-filing systems make courts more accessible, right? Wrong! Discussing the roadblocks we’ve experienced in our current case against Ormond Beach, and how we overcame those roadblocks. Helping self-represented non attorneys navigate their way through the legal system. Emergency motions, civil cover sheets, designation of email, hidden court filing fees & more!
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Sorry I missed the show today. Out in the trenches 😎
Common Problems When Filing Legal Pleadings in the Lower Courts.
Court Clerks have no Judicial Authority.
The court clerks refuse to allow you to file your pleadings in the case, claiming that you either must enter a plea before you are allowed to do so, or, because of some other alleged legal or court policy requirement(s).
The court clerk(s) claim that the judge can’t or won’t read the pleadings unless you have already entered a plea to the charges in the case.
For #2, s/he (the court clerk), is 100% incorrect as to the judge's ability/requirement in reading the pleadings, as that is their job. What the judge actually cannot legally do is conduct an ex parte proceeding or personally meet or engage in direct communications about the facts and evidence of the case with one party in the absence of the other party.
For #1, pleadings filed in a case are not evidence of the facts of the case, but of the relevant law itself as it may apply to the facts of the case, and do not constitute "direct communications" with the judge for such purposes. Again, the court clerk is giving legal advice on this subject, which they simply cannot do!!
So, in relation to either or both of these actions by court personnel, you need to file a judicial conduct complaint against the presiding judge who runs the court with the judicial conduct commission for knowingly and willfully allowing his/her court clerks to give legal advice to defendants in violation of law, and for improperly delegating and authorizing the clerk's to illegally exercise judicial powers that they do not and cannot have, as well as exercising those powers not only improperly, but also in direct violation of the code of criminal procedure and the fundamental due process rights of the Accused!! Conducting a judicial proceeding and the taking and entering of pleas into the record are judicial powers residing in one with actual judicial authority, therefore, only judges and magistrates have such authority delegated to them in order to exercise such powers, not mere court clerks or prosecutors.
Once this is done, then you can file complaints about the clerk(s) in question by name directly with that same judge. You may, at this point, inform the judge that you have supplemented these complaints against the clerks by also filing complaints with the judicial conduct commission regarding the judge's unlawful acts and biases inherent in allowing this illegal behavior to go on within their office. Be careful that your statement cannot be viewed and misconstrued as an attempt to threaten or intimidate the judge into making some decision or taking some particular action in the case one way or another. You do this by making damned sure that you filed the judicial conduct complaints first before you even make the judge aware of the fact when you are filing your complaints against the clerks.
Now you can file a motion to Recuse or Disqualify this judge from ever hearing your motions or your case because of his or her criminal conspiracy to perpetrate violations of state law directed toward causing harm and detriment to the public generally and those appearing before it specifically, countless violations of the rules of criminal and civil procedure as well as the codes of judicial ethics and professional conduct because you now have a demonstrably substantiated belief that no one, including you, can get a fair and impartial trial from such a biased and incompetent judge.
Simple as pie… unless it's a shit pie, and you made that pie yourself, so don’t! If you do these things correctly and timely, you can make them regret ever coming near you, much less trying to prosecute you for their bullshit.
The "CYAC" Maneuver.
One last thing, when this kind of behavior by the clerk(s) and the court has been the norm, then, before you leave, you should directly ask the clerk this specifically worded question:
"Based upon your actions and comments when I've previously tried to file these pleadings, and despite the fact that no verified complaint appears to be filed in the court record, is this court going to issue a warrant for my arrest on the charge of "Failure to Appear" after I leave simply because I would not submit to entering a plea just so I could file legal pleadings for my own defense in this case??"
This is what I like to call just one of many types of "CYAC" maneuvers that one must be prepared to make when engaged in fighting a case on their own, and it stands for "cover your ass carefully." If you have ever served in the military, especially in an area where everything is done according to internal politics instead of rules and regulations, then you really understand why such acts are necessary for self-preservation.
That said, you really want an answer to this question on video, and for several very good reasons:
1. it serves as proof that:
a. a valid verified criminal complaint does not exist in the record at the time the plea was demanded by the clerk or the court;
b. there is a complete lack of subject matter and in personam jurisdiction without such a verified complaint, as, technically, a case cannot even legally exist absent a valid complaint, which means NO COURT'S JUDICIAL AUTHORITY AND JURISDICTION HAS BEEN INVOKED as a matter of law;
c. there are intentional and numerous illegal acts being perpetrated by the court clerks AND the judge(s) that violate state and federally protected due process rights by denying you proper, sufficient, and timely notice of the allegation(s) being made against you as well as preventing you from filing pleadings into the record and making a proper defense in the case in violation of those same due process rights;
d. judges, their court personnel, and prosecutors are all engaged in conspiratorial criminal conduct by doing all of these things in violation of the law and your due process rights; and
2. if they do issue a warrant after the fact, you have set the stage for proving that the charge itself and the issuance of the warrant is based upon the knowing and willful falsification and tampering of a government record, aggravated perjury, is 100% malicious and retaliatory, and was done absent all forms of lawful jurisdiction and legal authority; finally
3. If they answer "no" to this question, then you have that on record as well and can use it against them later if they go ahead and issue a knowingly fraudulent warrant anyway.
Always be thinking ten moves ahead of them at all times, not just when you think about it. Plan your course of action by being proactive rather than reactive! It works much better for you in the long run. And most of all, DO NOT PROCRASTINATE!! If something has to be done by a specific date or within a certain time frame, JUST DO IT RIGHT NOW and get it out of the way!!
This is why we read and study this information and the rules of procedure so that we know it, so we can use it, so we can fight with it, so we can do all of these things more readily and easily to WIN OUR CASE.
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What about the poisonous tree Doctrine what do you think of U of M constitutional attorney and why haven't you used 18 USC section 241 I might end up talking to the law professor at U of M that's where I'm being treated for my cancer I think we need to go through Convention of states and passing accountability Amendment you need to reach out to other constitutional attorneys and go after them under a class action lawsuit like your 1983 Civil Rights Act 42 us intentional tort Act and I also went out-of-state Cancer Institute to make sure they keep an eye on what goes on here in Michigan to make sure no mistakes happen with the radiation and the chemo I'm getting because I know they don't like me
. hillary clinton conspired to misinform voters via fabricating false narratives about candidate trump.
both obama+biden were informed of this fact prior to the 2016 presidential election + they (both obama+biden) conspired to keep this information from americans, thus increasing the cost of things such as the durham investigation + simultaneously neglecting their oaths+duty's to correct omg any+all misinformation they (obama+biden) were aware of, involving any+all attempts by hillary clinton to create misinformation for the purpose of interferring in a presidential election.
the ripples of obama,biden+clintons crimes have been present since the moment obama+biden failed to advise the dept of justice of their (the doj's) own duty+oath to arrest + prosecute hillary clintion for rico conspiracy to comit election fraud, and the [evidence] indicates obama+biden have themselves committed rico conspiracy to coverup hillary clintons (election interference) + by not informing the public of hillary clinton's crimes, the [evidence] proves biden benefited (personally+politically) by continuing to coverup the fact he had been aware of hillary clinton's crimes for a full 4 years prior to the 2020 election during which he (biden) failed to inform voters a member of his own political party had conspired to fabricate evidence against trump which according to the [evidence] i've seen everyone in the room at the time obama+biden were breifed prior to the 2016 presidential election was aware of the fact there simply wasn't any truth to the lies hillary clinton had conspired to put forth as truth.
and when a former president + former vice president continue to coverup the crimes of a member of their own political party, and at least one of those covering up hillary clinton's crimes (personally+politically) benefits by deceiving american voters 4 years later during a separate presidential election, then dept of justice + fbi has more than sufficient evidence to prosecute all 3. ..obama,biden+clinton.
https://www.youtube.com/watch?v=vQNl8PpcSHw
https://youtu.be/dNaaJF3dyOY
Catherine, this video shows a Reliant K car being stolen by local "authorities". Those "authorities" ended up settling out of court for $120,000.00 because they committed crimes. The man who helped this victim and wrote the pleading which the criminals couldn't provide an answer to is Steve Emerson or Orlando Steve. He is not an attorney and he has personally helped people win to date over $50 million in settlements. His most notable being an award of $38.2 million for a fraudulent tax sale. Not only did he help this guy get $38.2 million, he also got his house back (after 3 years) and ALL the utility meters taken off the house due to the fact the "authorities" beat this guy up, stole all his property inside the house, killed his animals, and charged him with trespassing on his own property all the while he was the ONLY owner and deed holder. Steve has also gotten over 2 dozen properties off the tax rolls, including his own, and code enforcement will not come within 6 blocks of his house because he has beaten them so badly with settlements. They have no authority to be involved with private, non-commercial property yet they are being mis trained for revenue collection purposes. There are telegram groups where we are learning the law and how to hold these public servants committing crimes accountable. We are learning to become just like Steve and be truly free! Most in our groups have taken the Jurisdictionary course by Dr Graves to get a basic understanding of how to move through the courts. We also study the constitution, bill of rights, legislative enactment, rules of statutory construction, administrative procedures act, rules of civil procedure, rules of criminal procedure, jury instructions, litigation manuals, paralegal manuals, American Jurisprudence, writing criminal complaints, writing bar grievances, writing judicial complaints, and basically anything to do with black letter law. Being in FL, you may wish to visit the channels as there are many documents in the files section written by Steve plus several audios of interviews he's done. The more people who learn to be like Steve the better! The groups are Alphonse Faggiolo and the big sib. 😊
Read your city charter, it will make it perfectly clear that ordinances and codes apply ONLY on city property and can only be enforced on city property. Steve explains that in the audio I linked in a previous comment. He talks about the K car situation.
https://youtu.be/7KRc8DC-AvY
Catherine, here is another audio with Steve. Excellent info!