Judge's Inproper Conduct or not?

Hello everyone,

I was wondering if there is a course of action for me to take on this
matter. I have been charged with driving with a suspended license in
California. I originally enlisted the public defender, but once I
decided to challenge subject matter jurisdiction, I dismissed them
from my case, and filed my motions. Here is where the problem arises.
I filed the motions to dismiss on 1/27/05 and they were calendared
for 2/18/05. They didn't call my case until the afternoon, however,
the judge said before the recess that he was going to discuss the
remainining cases with the attorneys during the break. Now when the
recess was over the judge called my case and basically said that he
was not going to here my motions to dismiss regardless until a later
date. And then suggested that I retain an attorney, he then proceeded
to ask me how much time did I need to retain an attorney and then
stated that I could pick the date of the next proceeding. He said
take as much time as you think you will need.

When I arrived at court that morning, I got pulled out of the
courtroom by the public defender at around 10 am, and she explained
that they couldn't represent me since I had filed motions. And she
stated that a stipulation of her office representing me is that they
must have full control of the case. Which I took to mean, full
control to do nothing which I informed her was insufficient
representation. She then had me sign the appropriate paperwork to
discharge her office. About an hour later the assistant DA called my
name and proceeded to escort me out ointo the hallway. He asked me
why I had discharged the public defender, and I said that it was my
understanding that I would have to discharge them if I filed any
motions.

He replied what motions?

I said they are in the file.

He then went back to his table and read over my motions.

Now I suspect that he was unprepared to argue the motions on 2/18/05
so during the recess he talked it over with the judge. Now I may be
incorrect, but don't both parties have to be present in order for a
judge to discuss a case. Even if he did include the public defender
in the conversation, they didn't represent me. If he did have a
conversation with the prosecuting attorney when neither I appearing
specially, or my attorney was present regarding my case, what can I
do? Is this grounds for dismissal? Or maybe that is why he told me to
get an attorney because he couldn't discuss the case with the
prosecutor, and this was a ploy to stall for time as a professional
courtesy to the judge's co-worker, the prosecuting attorney.

Any thoughts would be greatly appreciated.

Which is why you ALWAYS file a power of attorney over the strawman. Do you understand the strawman and the power of attorney over it? See, if you file the power of attorney, then, you can engage the exparte rules against them to prevent the judge and da from discussing stuff without you being present. U simply state that you will file claims against them if they discuss the case together without you being there as the authorized representative (attorney) over the strawman.

[Jerseee]

Additionally,

I would have a writ of mandumus prepared just in case.

Thanks Kgodd and Jersee,

I think I understand the concept, but let's make sure. Feel free to correct any errors in my my statement.

The writ of mandamus would be filed in response to abuses of judicial or administrative power in traffic court correct? Also, which court would have original jurisdiction for the Writ? Would it be the US District courts, since I would be trying to compel a judge to perform a duty?

As for the power of attorney over the strawman, do we have an example of this on file, or can someone give a rough example of it?

The writ of mandamus is a bit over my understanding currently, so I will have to do some research.

This driving while suspended case started on 11/18/04 and I have been to court 4 times and they still haven't arraigned me, unless the judge entered a plea for me. I have been bombarding them with paperwork, several motions to dismiss for various causes including due process, no enactment clause, and challenging subject matter jurisdiction. I also filed a demurrer to the complaint demonstrating my right to liberty. I can't tell if I am any closer to a dismissal or not because they refuse to rule on my motions until I get a licensed attorney.

So basically you are telling me that the judge can discuss my case with the DA without me or defense consel being present since I didn't have a power of attorney over the strawman filed. That doesn't seem fair to me. I would think the judge couldn't talk to either party without both sides being present. Should I bring this up at my next appearance. The DA admitted to me that he had talked to the judge, so I was hoping that would be enough to do something, since they had notice that I had discharged the public defender's office and was representing myself.

[Freedomless]

Be careful! In my state, this practice, of the judge and the attorneys meeting in chambers before any court is common practice. Not that it is right and is definitely not in the best interest of the people. Nothing should be discussed behind closed doors.

[Livefire]

Im going out on a limb here, but couldnt one file a motion to remove the case to a federal venue since civil liberties are being violated under USC 42 Sec 1983. Namely the conversion of rights into privledges are repugnant to the Constitution and all the violations of ex parte communications taken against you. One could also say that the USDC has jurisdiction due to the fact that the traffic codes operate in commerce which falls under federal authority, but Im not sure if thats wise. Why let them have the assumpsit you're operating in commerce!

[scottinalaska]

There is no doubt that something smelly is afoot!

I am going to give you a couple links that have helped me. I don't necessarily have any success stories yet. Pursuing this without my wife's blessing is certainly no success story, but here goes.
Marc Stevens, through a series of questions allows the judge and prosecutor to reveal the fraud. Some things are so obvious, we just miss them. He shows them easiliy.
www.adventuresinlegalland.com

www.ticketslayer.com
More paperwork to keep them busy and maybe just force them to drop the case.
We look forward to your updates.
scott
Oh, this morning, I read in Psalms 146: 3 "Do not put your trust in princes, in mortal men who cannot save." A prince can do whatever they want with out accountability. Our present day princes are judges and cops in my opinion. Interesting, while those around me say, "Trust the cops, trust the judge. They were put here by God." and other rot like that.
His word is always practical adn relevant.
scottinalaska

man, this thread got even more interesting.Livefire, i like the idea of removal to federal court, but, there is one possible problem with that. Correct me if i wrong, but, doesnt the court send a copy of the suspended license charge to the state? If so, wouldnt that prolong you getting your license back if you are trying to get it back because the charge is in limbo? If none of this is correct, OR, the person doesnt want their license back, then, removal to federal court may make them back off. Im in a similar situation where a judge defaulted on my paperwork, now im gonna file a notice of void order in the county records, they ARE NOT GONNA ADMIT THEIR ORDERS ARE VOID, PERIOD. We are the only ones who gonna take care of ourselves. I believe the reason ticketslayer works is simply the default (commercial). From the own experiences, 95% of judges issue the dismissal, for the others, i would file the default myself or have the court appoint me as authorized representative over the strawman to file the default. It couldnt hurt. YOu HAVE TO BOX them in when they refuse to follow the law. What they are doing in thylum's case is since its purely administrative in nature, they are not following the court rules and hoping that thylum gives up and let a attorney sell him out. Got a jewel for you to look up, if you demanded a jury trail, then, if two terms of court have passed and you havent been tried, u are automatically acquitted under the speedy trail provisions of the constitution. thats the way it works in georgia, check your state.

[Livefire]

Kgod,

Looks like I gotta lotta homework to do! LOL I believe you are right....Here in Michigan the court sends all of that to the Secretary of State. My thinking was to use the federal court tactic as a way to get them to back off or as you said, you dont care about getting the license back. Would be hilarious to file a UCC-1 on the judge as a result of a federal judgment against them!!! I suppose going to the feds jurisdiction would be an effort to obtain relief should the ticketslayer method get trampled on in state court by a corrupt judge.

Peep this;

California Code of Judicial Ethics [ Canon 3, subsection (b) (7) ] :


A judge shall not initiate, permit or consider ex parte communication, or consider other communication made to the judge outside the presensce of the parties concerning a pending or impending proceeding, except as follows:

D; A judge may initiate ex parte communications, where circumstances require, scheduling, administrative purposes, or emergencies that do not deal withsubstansive matters provided:

(i) the judge reasonable believes that no party will gain a procedural or tactical advantage as a result of the ex parte communication, and,

(ii) the judge makes provision to notify all other parties of the substance of the ex parte communication and allows an opportunity to respond.

So by having a communication with the prosecting attorney, he gave him a tactical advantage by delaying the scheduled ruling on the motion so that he could consult with his office, and further the judge did not disclose the ex parte communication to me, so that I would have an opportunity to respond. I drove 60 miles each way to get to the court and objected to delaying the case further especially now that I have pieced together the real reason that he refused to rule on my motion to dismiss.