Anyone know Michigan rules re: Oaths of Office?

I can't seem to find them, e.g. if District Court Judges are supposed to file them with the County Clerk within a certain period of taking office. Any help appreciated.

[rodman652]

Why do you ask? See
STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963


§ 1 Oath of public officers.

Sec. 1.

All officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of .......... according to the best of my ability. No other oath, affirmation, or any religious test shall be required as a qualification for any office or public trust.


WITHOUT AN OATH OF OFFICE THRE IS NO AUTHORITY!

I'm seeking the rules for recording the oaths. I realize that 'no oath = no office.' In fact, as David Merrill and others have noted, sometimes even taking and recording the oath isn't enough to hold office; it has to be recorded with the proper agency in a certain timeframe.

[weishaupt1776]

call your local sup. of elec office

if there is an oath, make sure that there is a notarized jurat

No jurat = no valid oath

it is IMPERATIVE that you look up the statute regarding public employee oaths

if the language of the oath is in ANY FORM, different, contains omissions, additions, etc . . = no valid oath

[rodman652]

85.10 Oath of office.

Sec. 10.

All officers elected or appointed in the city, within 10 days after receiving notice of election or appointment, shall take and subscribe the oath of office prescribed by the state constitution of 1963 and file the oath with the city clerk.


LINK: http://www.legislature.mi.gov/(S(ifg...highlight=oath

SEARCHABLE LINK:http://www.legislature.mi.gov/(S(ifg...ectname=chap49

Goto MCL keyword search and look up "oath".

Thank you, Rodman.

Actually, here's what I need (in case anyone else can use it):

168.467j District court judges; oath of office.

Sec. 467j.

Every person elected to the office of judge of the district court, before entering upon the duties of his office, shall take and subscribe to the oath as provided in section 1 of article 11 of the state constitution, and file the same with the secretary of state and a copy with each county clerk in his district.


History: Add. 1968, Act 155, Imd. Eff. June 17, 1968
Popular Name: Election Code

© 2007 Legislative Council, State of Michigan

[weishaupt1776]

See if the judge filed the affidavit of candidacy by the deadline
http://www.legislature.mi.gov/(S(hhv...IA&version=txt


call your sup of elec & find out what the deadlines are for this year and what they WERE at the last election

If they didn't meet the deadline, then they are not an "in***bent" !

Thanks, Weis, but I think that only the provision I posted above applies, since my case is not in a court of appeals, just a district court.

I printed the state rules of civil procedure regarding civil actions and complaints, being I was cited for a civil infraction. I'll ask the judge how a judgment could be entered since I was never presented with a proper claim, as per the rules, for which the court could administer remedy.

My hearing (second one, now) is to show cause as to why I shouldn't be held in civil contempt for failing to comply with a court order to pay a parking ticket for obstructing a sidewalk intersecting a driveway; the car was not registered to me, nor was the house, and I had no valid license, a number for which was on the ticket (issued to "my" State-assigned person) that I R4C.

When in court I'm sure to note that I'm there only under threat of arrest, and that I don't understand why I'm being threatened, having intended or caused no injury.

Last time the judge told me to plead my case to the magistrate at an informal hearing, which she'd kindly reschedule (since I R4C the notice of the first one). I told her that I seek no remedy from the court, only proof of its lawful authority over me when no formal complaint has been issued that I'd done anything wrong. She ignored me, sent another notice that I R4C, then sent me another order to show cause. I only show if they threaten to issue an arrest warrant.

If in court the judge threatens to arrest me for civil contempt, perhaps I'll agree to pay, have a money order ready, and endorse it qualified such that payment is made 'only under threat of arrest related to case number XXXXX.'

If they cash it, I can get a copy as evidence of extortion under color of law.