Occasionally on the Patriot landscape we find people talking about oaths of office and how they can be utilized to either get honest behavior out of public officials or in the alternative to oust them or even punish them criminally for malfeasance and sometimes even misprision of treason. But never have I really seen any of these folks managing the concept in reality effectively. So I would like to take a moment to explain how to utilize the oath process as testimony and a transceiver utility.
The mechanics works the best if you can find an oath of office for the particular individual in question. Somewhere in the past. An oath that testifies the person knows the state and federal constitution. Then compare this information with the constitutions. The federal constitution only goes specifically into the oath of office of the President so get a searchable (.pdf) constitution for your local state from the Secretary of State website.
We will use the State of Colorado.
http://www.sos.state.co.us/pubs/elec...2001_const.pdf
In late 1996 the district attorney for the Fourth Judicial District in the State of Colorado John Suthers was pestering me about drawing on a letter of credit with Public Office Money Certificates. Suthers had been district attorney for close to two four-year terms. There was a case going in the State district court* and the day I filed a certificate of fact that John Suthers had never filed his oath of office with Virginia Buckley, then the Secretary of State was the last day that John Suthers worked as (if) district attorney. He only had about six weeks left so the News was after him for an explanation which never came forth. The Certificate of Fact was accompanied by his oath of office which he had filed with the local county clerk and recorder.
That is basically the mechanics. It is far better to have John Suthers' testimony than hearsay. So his locally filed oath expresses that John Suthers is quite responsible to have read and understood the State of Colorado constitution prior to accepting his commission to office.
"Article XII Officers.
Section 9. Oaths - where filed. Officers of the executive department and judges of the supreme and district courts, and district attorneys, shall file their oaths of office with the secretary of state; every other officer shall file his oath of office with the county clerk of the county wherein he shall have been elected.
Section 10. Refusal to qualify - vacancy. If any person elected or appointed to any office shall refuse or neglect to qualify therein within the time prescribed by law, such office shall be deemed vacant."
People either do not understand the concept of fidelity or they just plain do not care. John Suthers is attorney general for the State of Colorado since Ken Salazar got into Washington. Even if he ran a vacant office for nearly eight years.
When John abruptly left office, he basically elected his replacement Jeanne Smith by leaving her in charge of things. Several months later James Harlan AYERS, a friend of mine (now deceased) went to the Secretary of State's office and requested a Certificate of Search on Jeanne Smith. At ninety years old it surprised me that he was treated like a criminal or terrorist. But Jim stood his ground and they let him pay for the Certificate but told him it might take a couple weeks to arrive in the mail. Two weeks later it arrived and was dated a week after his Denver visit.
Two things to note about the quote above from the State constitution. 1) It does not specify the attorney general. And 2) there is no specification on the time period "...prescribed by law,". John Suthers the attorney general is the embodiment, the general address of all the district attorneys. So it just follows logically that he must file his oath with the secretary of state on the same constitutional principle with the district attorneys. The lawfully prescribed timeframe for such matters is thirty (30) days. After thirty days running office without filing with the secretary of state, the office is deemed vacant.
http://friends-n-family-research.inf...and_Decree.rtf
The suitor's name has been altered for his privacy. The fellow is very busy and finally got around to tracking these oaths yesterday. The Secretary of State's office deputies told him they will no longer provide Certificates of Fact for oaths or anything that they do not have on file. There have been terrible complaints. Well, he went back today and got Certificates on both district attorneys and as of today was able to get one on the attorney general as well. They called him yesterday after he left and informed him that John Suthers had faxed over (someone gave him a heads-up about the inquiry) his oath but they could only give him a copy (not certified) since it was only a fax. Today John went over and got it properly filed, even pestering chief justice Mary J. Mullarkey for her signature. Too little too late. Take a look at the last paragraph of the Order and Decree. Also it has been well over thirty days since John took his seat in office - the office of attorney general is now deemed vacant in any court of competent jurisdiction in light of the State of Colorado constitution.
http://friends-n-family-research.info/FFR/Merrill_John_Suthers'_AG_oath.jpg
Regards,
David Merrill.
* Court of record. This is why you should get your local constitution searchable .pdf. Look for "court of record" and "courts of record":
"DISTRICT COURTS
Section 9. District courts - jurisdiction. (1) The district courts shall be trial courts of record with general jurisdiction, and shall have original jurisdiction in all civil, probate, and criminal cases, except as otherwise provided herein, and shall have such appellate jurisdiction as may be prescribed by law."
adnnxu, yeah, we are all "morons" (for now)
