Oath of Office is bogus for the local magistrate!

[scottinalaska]

I requested a copy of the Oath of Office from the Magistrate I'll be seeing on Tuesday. For 25 cents, I finally received a copy of it. She actually started out as a clerk in 1987 and moved up the ranks over the years, I guess. Here is the full text of it for our discerning eyes:
OATH OF OFFICE (Prescribed by AS 39.05.130)
I do solemnly swear (or affirm) that I will support and defend the constitution of the Unitited States and the Constitution of the State of Alaska, and that I will faithfully discharge my duties as Court Clerk I to the best of my ability.

She then signed it and dated it back in 1987. The Court Clerk I part she filled in with the same pen she signed her name with. Apparently later, someone filled in above that little "job description" line this: Court System Employee.

Well, well. my first observation is that she has apparently never taken an Oath of Office of the office she now holds. Friends, is this an issue?
Second, why isn't constitution capitalized when in relation with the US?
Third, as an admitted employee, does this produce a conflict of interest?
Thank you for your thoughts or further clarification as I take part in the animated contest of freedom.
Scottinalaska

[Jerseee]

Scott,

I believe more research is needed on this issue. For example, when did she get promoted? When did she take office? Who swore her in?

You would really need to cover all basis before engaging in the forbidden dance with the beast.

good luck

Good Day scottinalaska,

I applaud your efforts. Again, I would suggest a visit to http://www.jusbelli.com, Ralph's website in regards to this matter. He has their requirements all laid out for your viewing.

They are supposed to have certificates of election or appointment, etc.

Also, you will see as opposed to the original Alaska Constitution, that there are several words missing from the oath in the NEW DEFACTO constitution. By the way, we have noticed that to be the case in other states, as well.

Sincerely,
truth

[charlene]

All oaths of office must be on file with your SOS, and must have original signature on them. The only problem you might run into is if he/she ia a "Authorized Reprenestive" Check out your states revised codes. Also they have to be bonded.Check with your sos office and county office to see where her bond is. Remember she is a PUBLIC SERVENT, and must comply with all the rules and regulations of her office--if not file a complaint.
Charlene

Scott,

I am working this issue locally also. They will try every way possible to skirt the issue, but that's because they have no defense except illegality.

HB

This past Friday, I held telephone conversation with the Deputy General Counsel for the House of Representatives here in Florida (Deborah Kearney). In the course of the conversation, she stated factually that the Legislature does not have any signed Oaths of Office. She also stated that the oaths were given in groups, en masse, by a judge from the supreme court of florida, and were audio recorded and that these recordings are available for public inspection.

Isn't that great. One could go there to the capital, listen to a group of un-known personas reciting something and then alleging that these were the voices of such and such persons.

On the other hand, Florida Statute, 92.5 explicitly states:
"92.50 Oaths, affidavits, and acknowledgments; who may take or administer; requirements.--

(1) IN THIS STATE.--Oaths, affidavits, and acknowledgments required or authorized under the laws of this state (except oaths to jurors and witnesses in court and such other oaths, affidavits and acknowledgments as are required by law to be taken or administered by or before particular officers) may be taken or administered by or before any judge, clerk, or deputy clerk of any court of record within this state, including federal courts, or before any United States commissioner or any notary public within this state. The jurat, or certificate of proof or acknowledgment, shall be authenticated by the signature and official seal of such officer or person taking or administering the same; however, when taken or administered before any judge, clerk, or deputy clerk of a court of record, the seal of such court may be affixed as the seal of such officer or person. "

Reading the last half of the pertinent statute, it is easy to see that each and every legislator in the state of florida, have violated the law, and are acting in a private capacity and as rogue agents of the state.

Jerry

[scottinalaska]

Jersee,

Dance with the forbidden beast! Now that's a word for it!
Here are my planned pickup lines before I take her around the ballroom:
"Is there a difference between a clerk and a magistrate?"
"Do both have to take an oath of office?"
"If this clerk did not take an oath of her office, would that preclude her from doing her duties and thus nullify her actions?"
"Does this apply to you, the magistrate as well?"
If all goes well, I ask to see her oath. She won't have it. I produce it. I move to strike because of lack of Oath on file.(Yeah, perfect world!)
"Are you a public servant or an employee?"
As for the jurisdiction, which I have been told is "Minor Traffic" here are my questions:
"Could a trial be meaningful and relevant if the rules and procedures were hidden from the defendant?"
"Could I expect that the rules and procedure governing this courtroom be published and available?"
"Could you tell me where I could find them?"
If she tells me to get a lawyer, I might respond, "I am not seeking legal advice, what I am seeking is legal intent. Is this court attempting to try me under a secret jurisdiction known only to judges and licensed attorneys?"
Sure, I sound good now, but in 12 hours, let's see how it goes.
Any other thoughts welcome. I'll check back Tuesday morning before I take my "driving test" and report back so we'll all be wiser!
scott

[Jerseee]

Scott,

If this is a traffic situation, you may want to go to ticketslayer.com, I hear a few folks have had great success using their docs and methods. Just as hakeem and Weis.

[scottinalaska]

Guns are a powerful weapon. They were used on me today. :(

I began by asking if it would be a fair trial, meaningful one, etc.

She told me that was opinion and she couldn't answer that.

I asked her who she represented. She said no one, she just wanted my plea. I told her I could not plea if I did not get some questions of relevance answered.

She kept returning to the tickets themselves - driving with expired license and no tags on plate.

I told her that I was not discussing those charges, I was verifying jurisdiction and need some clarity.

I asked some other questions right from the book.

She did verify that it was CRIMINAL, but not common or admiralty, it was according to the Alaska...blah,blah.

I asked her if this ticket constituted a cause of action. She said yes. I asked her what elements are needed in a cause of action. She said she didn't need to answer that question and I should do more research.

I asked about the oaths and she said she gave an oral one and that counted since I had an old one when she was a clerk, the only one provided upon my request.

She entered a "silent plea" of not guilty on my behalf. I objected having never heard of a "silent plea" and knowing that it was my or my attorney's job to enter a plea.

"Too bad, that's what it'll be, it's used all the time. Now would you like to me to recuse myself?" she asked.

I told her I never thought about that before, but perhaps. I was told where to pick up the form and she refused to answer any more questions. NO one in peanut gallery.

Now the gun part: I observe a trooper conference with the magistrate upon my exit and within five minutes am pulled over by same, handcuffed, jailed, and told the judge would see me tomorrow unless I posted 250 bucks. Then I could show up at an appointed time. Crime? Expired license by more than a year.

Hey, I have two daughters at home, ages 12 and 13, who prayed for me this morning and Mom's away until tomorrow.

I am sorry, but I couldn't arrange babysitting, aleve their fears, hurt my marriage by staying overnight, so a friend posted bail. I signed both documents with "all rights reserved, UCC 1-207." I asked what this meant about me assigning the clerk as my agent. He said he had no idea. I waited and he came back to tell me it just meant they have permission to have your money. Geez, talk about being in a tough spot!

No reading of rights, just "step out of the car, you are under arrest, put out your hands, watch your head, here's your cell."

I overhear him outside the cell telling the story twice about how I "got mine" for giving the judge a hard time.

Obviously, I am home now. Shaken, frustrated, envious of the timid since they don't have to live with the "fear." And wiser....I guess. Time for it to sink in.

Well, you folks are kind of the only community I have here and I need to "vent." When the wife hears, she will not be happy. I used my pocket recorder to record the court scene, the traffic stop when I asked if he had a warrant with my name on it. (I don't need a warrant! were his words). I asked him he felt that it was right to take my property without due process. He said it is standard. Ahhhhhrrrg!
I don't know what is proper, I am not an attorney, but I know the biggest gun wins.
scottinthestateofalaska

and so martial law is imposed...

how disgusting...

jon