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What's the PROBLEM, the real core PROBLEM?
It's the Attorneys, stupid!!
"Mark my words Gentlemen, one day, there will not be enough rope,
nor enough trees, to serve the justice handed out during the
down-fall of the Attorneys."
www.landrights.com - Bill Munro
WHEN WILL WE PUT A STOP TO THESE CRIMINAL ACTS OF TREASON?
A Utah "judge" caught "practicing law without a license", and he
now is a nominee for federal judicial office.
What's strange about this case is that...there is no such thing
as a "license" to practice law. Attorneys are "admitted" into
practice. Who issues them a non-license? The BAR? And what they
issued them is a Bar Card, not a State License to pracrice law.
ATTORNEYS DAILY ACTS OF: LICENSE FRAUD, TREASON, and OTHER CRIMES.
Since: there are no attorneys in any State who have a LICENSE to
Practice Law, If you don't believe me, ask any Attorney of any Judge,
to see their license to practice law in your state, and then record
what they say as they lie to you!
and many states have a law requiring a LICENSE in order to Practice
Law.
therefore, every attorney practicing law in any State without the
required license, is at very least, committing fraud on the court
and causing his clients harm.
All of which leads to the fact that all trials in which there
was an attorney practicing law during that trail (i.e., on either
side), must be re-tried, and the attorneys sanctioned, disbarred,
and indicted for fraud and damages, and potentially far more.
Is it really as simple as filing charges against these
criminals.... to STOP this insane practice -- by an organized
gang called the BAR ASSOCIATION, in colusion with the various
corporate-based-quasi-goverments which they operate within?
SEE BELOW:
I. AS PER THE UNITED STATES SUPREME COURT;
A. The practice of Law CAN NOT be licensed by any state/State
Schware v. Board of Examiners, 353 U.S. 238, 239
B. The practice of Law is AN OCCUPATION OF COMMON RIGHT!
Sims v. Aherns, 271 S.W. 720 (1925)
II. The "CERTIFICATE" from the State Supreme Court:
1. ONLY authorizes,
A. To practice Law "IN COURTS" As a member of the STATE
JUDICIAL
BRANCH OF GOVERNMENT.
B. Can ONLY represent WARDS OF THE COURT.
2. INFANTS
3. PERSONS OF UNSOUND MIND SEE CORPUS JURIS SECUNDUM,
VOLUME 7, SECTION 4.
4. A. "CERTIFICATE" IS NOT A LICENSE....
A. To practice Law AS AN OCCUPATION.
B. Nor to DO BUSINESS AS A LAW FIRM!!!
III. The "STATE BAR" CARD IS NOT A LICENSE!!!
A. It is a "UNION DUES CARD"
B. The "BAR" is a "PROFESSIONAL ASSOCIATION."
1. Like the Actors Union, Painters Union, etc.
2. No other association, EVEN DOCTORS, issue their own
license. ALL ARE
ISSUED BY THE STATE.
C. It is a NON-GOVERNMENTAL PRIVATE ASSOCIATION.
1. See Attorney General Dan Morales' letter.
2. As per this letter; the State does not issue licenses
and they are not issued by his office!
IV. The State Bar is;
A. An Unconstitutional Monopoly, Article 1, Section 26, Texas
Bill of Rights.
B. A ILLEGAL & CRIMINAL ENTERPRISE;
C. Violates Article 2, Section 1, Separation of Powers clause
of the Constitution.
D. There is NO POWER OR AUTHORITY for joining of Legislative,
Judicial, or Executive as the BAR and SUPREME COURT OF TEXAS
are doing. ALL MEMBERS
OF BOTH ARE MONOPOLISTIC BAR MEMBERS!
E. In violation of the RIGHT TO WORK LAWS of Texas.
V. State Bar Rules. . . at Article III, Section 2. . .
Enrollment in the State Bar: "Each person who becomes
licensed to practice law is REQUIRED TO ENROLL IN THE STATE
BAR WITHIN 10 DAYS "BEFORE" OR "AFTER" RECEIVING A LICENSE
TO PRACTICE LAW. ENROLLMENT IN THE BAR AND LICENSE ARE
NOT THE SAME. THE BAR CAN NOT LICENSE ANYONE!!!!!
It is quite simple to see that a great fraud and conspiracy
has been perpetrated on the people of Texas and America.
The American Bar is an offshoot from London Lawyers'
Guild and was established by people with treasonous
goals in mind. They have accomplished 98% of their goals.
The NEW WORLD ORDER is in the saddle
NOW.
American People start the job for them...or before their "NEW WORLD
ORDER" bosses, the International Bankers, gain the remaining 2%.
Texas and American Lawyers should check historical records.
They will find that the first people "ELIMINATED" in a power shift
(no matter who whines) are the lawyers and judges...for they always
have proven themselves unworthy of any trust from either side!
"Woe unto you (A woe is a curse) Lawyers! For you
have taken away the key of knowledge; you entered
not in yourselves, and them that were entering in you
hindered..." Luke 11:52.
VI. The AMERICAN BAR ASSOCIATION TRAITORS IN OUR MIDST:
The founding Fathers who wrote our Constitution and formed
our government, made it very clear that this was to be
a FREE ENTERPRISE country and all Citizens are to be
equal under Law and not a private capitalistic monopoly
or cartel as they had experienced in Europe.
Under free enterprise system, any Citizen who was willing
to risk his time and finances, can go into business.
The public with the freedom of choice, can patronize this
business or decide they don't like the service or product
and stay away; whereas, in a private or a capitalistic
system, only the privileged elite can go into certain
businesses or professions such as had been practiced in
Europe for ages, making the public their
CAPTIVE CUSTOMERS.
The EUROPEAN BANKERS and FINANCIAL CARTELS decided to
change AMERICA to the same system that they had so they
could take over this government too, and sent some British
lawyers over here to organize an American Bar Association
on the same order as the English Bar where only Lords can
be Judges and determine who shall practice law.
In 1909 they incorporated this TRAITOROUS group in the state
of Illinois and had the State Legislature (which was under
the control of lawyers) pass an unconstitutional law that
only members of this powerful union of lawyers, called the
ABA, could practice law and hold all the key positions in
law enforcement and the making of laws. At that time,
Illinois became an outlaw state and for all practical
purposes, they seceded from the United States of America.
VII. The BAR ASSOCIATION then sent organizers to all the other
states and explained to the lawyers there how much more profitable
and secure it would be for them, as lawyers, to join this union and
be protected by its bylaws and cannons. They issued to the lawyers
in each state a charter from the Illinois organization. California
joined in 1927 and a few reluctant states and their lawyers waited
until the 1930's to join when the treasonous act became DE FACTO
and the Citizen's became captives. Under this system, the lawyers
could guarantee prejudged decisions for the privileged class against
the lower class. This was all made possible by the AMERICAN BAR
ASSOCIATION to favor the right and have unlawfully substituted them
in place of Constitutional Laws.
What is the real difference between the dreaded "Klansman"
in white robes and fiery crosses and the ABA "Klansmen"
in the BLACK ROBES sitting on the bench? Aren't they as
dictatorial as the KGB and the GESTAPO are accused of
being? This has fulfilled Orwell's prediction for 1984
and made it a fact, THE BLACK ROBE CULT.
Various groups that have been lawfully stoned walled by
the ABA and the courts suggest we join hands and file an
initiative to abolish the Bar Association as there are 17
states where Citizens have the Right to do this by the
voting process. If we can do this it will destroy, the
power of the Bar in America with similar method they used
to gain their power, state by state. Any Citizens who live
in one of these 17 states, can do this, and if not in one
of these states you can contribute to other states that can.
Who is going to run the Courts and practice law if we outlaw
the BAR? The CONSTITUTIONAL COMMON LAW COURTS and COMMON
LAW non-Union COUNSELORS. I would like to remind you that the
Constitution was written in plain English and the Statutes passed
by Congress were also in plain English, with the intent of Congress
how each law should be used and not the opinions of various Judges
as the codes list.
Any normal person can read the Constitution and Statutes
and understand them without any trouble. The public in
California was shocked to learn that the State Government
has no control or jurisdiction over the Bar Association or
its members. The state does not accredit the law schools
or hold Bar examinations.
They do not issue state licenses to LAWYERS. The Bar
Association accredits all the law schools, holds their
private examinations and selects the students they will
accept in their organization and issues them so-called
license but keeps the fees for themselves.
The Bar is the only one that can punish or disbar a
Lawyer. They also select the lawyers that they consider
qualified for Judgeships and various other offices in
the State.
Only the Bar Association or their designated committees can
remove any of these lawyers from public office. The State
Legislature will not change this system as they are also
a designated committee of the Bar.
On August 21, 1984, Rose Bird, Chief Justice of the
California State Supreme Court, another of the Bar Associations
Judicial Committee's, stated in essence that the Bar should determine
the legality of all initiatives before they were allowed to go on the
ballot. This is contrary to both State and Federal Constitutions,
as well as the Laws of this Nation instituted By and For the People
as a Sovereign UNITY of Independent States of We The
People, not a fraudulent Corporate entity of Lawyers.
This is a tremendous amount of power for a PRIVATE union
that is incorporated and headquartered in Illinois to hold
over the Citizens of California or any other state.
The only recourse is through this initiative process
and vote by the people. After the Founding Fathers had
formed the Constitution, outlining the laws as to the
way our government was to be run, Thomas Jefferson said,
in essence, "This proves that plain people, if given the
chance, can enact laws and run a government as well as or
better than royalty and the blue bloods of Europe."
The American people must stop thinking that lawyers are
better than they are and can do a better job than they can
before the courts of America. Under the Common Law and
the Laws of America, no where is it expressly given for
anyone to have the power or the right to form a Corporation.
Corporations are given birth because of ignorance on the part
of the American people and are operating under implied consent and
power which they have usurped and otherwise stolen from the people.
By RIGHT AND LAW THEY HAVE NO POWER, AUTHORITY OR JURISDICTION,
and must be put out of business by the good Citizens of America in
their fight for FREEDOM.
We cannot hope to reclaim our Country if we continue to
let that beast stay in our bed and in our homes. It is
imperative that we remove this demon from its throne and
put OUR CONSTITUTIONAL COMMON LAW COURTS and JUSTICE SYSTEM,
back into effect. We must stop worrying about what someone
else will think, this is our country and we have foreign
entities attempting to take control of us and our Nation.
These children of Satan have nothing good in store for
any of us, and those who are ignorant enough to believe
their lies, deceit, and conspiracy, deserve just what they
receive because they ask for it.
IX. MOST LAWYERS are OUR ENEMY:
The small handful that are good must get on the right side
and help us win our war, or they are not on our side.
There can be no more sitting on the fence, people must
decide which side they are on and fight.
Lawyers that claim to be on our side and are later found
out to be traitors, must be put to death as this is just
what they have planned for all Americans, who do not abide
by their rules and regulations. Americans cannot win the
war if they allow traitors to infiltrate our tanks and
get away with it. The enemy Americans are fighting is a
deadly enemy, that care nothing for anyone out of their
own ranks, and if you turn your back on them, you could
be their next victim.
X. "TREASON"
LAWYER AND LAWYER-JUDGE COURTS ARE UNCONSTITUTIONAL:
Since the BIGGEST CRIMES in the world are committed in
the courtrooms by lawyers and lawyer-judges AGAINST the
people, as the lawyers and their bar associations, which
are affiliated with each other INTERNATIONALLY, have joined
in the INTERNATIONAL CONSPIRACY AGAINST THE PEOPLE of the
UNITED STATES OF AMERICA to DESTROY THE UNITED STATES OF
AMERICA FROM
WITHIN (TREASON).
They have already taken over the courts and the government,
and ALL political parties, where they all take orders
from ONE FRONT OFFICE, the offices of the internationally
affiliated bar associations, make a ONE PARTY "SYSTEM,"
the BAR
ASSOCIATION PARTY.
This necessitated and URGENT need to form a 2nd political
party, the ANTI LAWYER PARTY, where all lawyers and those
who attended law school are barred from this 2nd party
(ALP).. All the states have unconstitutional aristocratic
courts, as their constitutions and/or unconstitutional
"lawyer systems" require judges to be lawyers, creating a
RULING CLASS, which is FORBIDDEN by Article IV, Section 4,
of the U.S. Constitution, the 13th Amendment and Article I,
Section 26 of the
Texas Constitution.
XI. The U.S. Constitution GUARANTEES to every state in this union a
REPUBLICAN
FORM of government. Any other form of government is FORBIDDEN.
No public officer or branch of government can be limited to a
RULING CLASS of any kind, or the states become ARISTOCRACIES and
NOT republics. Also, the lawyers have made themselves 1st Class
Citizens, where many public offices and branches of government are
open to lawyers only.
All other people are limited to only two branches of
government and to only certain offices in those two branches
of government, making all people who are non-lawyers into
2nd class subject citizens.
When the courts belong to the people, as the United States
Constitution REQUIRES, (Article IV, Section 4, we the people,
will NEVER rule against themselves.
In these Unconstitutional courts foreign tribunals (hoodlum
centers), "men" in black dresses, that are Unconstitutional
ROBES OF NOBILITY. (Article 1, Section 9 and 10) with a
lot of hanky panky and hocus pocus, dispense a perverted
IDIOTology, where the people are terrorized by members
of the BLACK ROBE CULT (lawyers and lawyer judges in
the courtrooms.
The legislative branch of government does NOT have the
Constitutional Power to issue Court Orders or any other kind
of Orders.
ONLY presidents and governors have the Constitutional
Power to grant PARDONS, but lawyers and lawyer-judges
are unconstitutionally granting PARDONS with "immunity
from prosecution."
Citizens are not permitted to act like people in the
courts. The Citizen (2nd class) is told that he does not
know how to fill out fancy lawyer forms; that he is not
trained in the law; that he does not know court rules and
procedures; etc.
This is Unconstitutional "lawyer system," only HEARSAY
SUBSTITUTES
(lawyers) NOT under oath, have access to the courts, even though
ONLY sworn testimony and evidence can be presented in court.
Anything else is Bill of Attainder, NOT permitted under the
U.S. Constitution (Article 1, Sections 9 and 10).
The U.S. Constitution does NOT give anyone the right to a
lawyer or the right to counsel, or the right to any other
HEARSAY SUBSTITUTE. The 6th Amendment is very SPECIFIC,
that the accused ONLY has the right to the ASSISTANCE of
counsel and this ASSISTANCE of counsel CAN BE ANYONE THE
ACCUSED CHOOSES
WITHOUT LIMITATION.
XII. LAWYERS and LAWYER-JUDGES:
Created Unconstitutional "lawyer system" pre-trial "motions"
and "Hearings" to have eternal EXTORTIONISTIC litigations, which
is BARRATRY and also is in violation of the U.S. Constitution,
and Article 1, Section 14 of the Texas Constitution as this places
defendants in DOUBLE JEOPARDY a hundred times over. Defendants only
have a right to A TRIAL, NOT TRIALS.
When a criminal is freed on a TECHNICALITY, HE IS FREED
BECAUSE OF A
FIX and a PAY-OFF, as a defendant can only be freed if found innocent
BY A JURY
NOT BY ANY "TECHNICALITY."
Whenever a lawyer is involved in a case directly or
indirectly, as a litigant or assisting in counsel, ALL
LAWYER-JUDGES HAVE TO DISQUALIFY THEMSELVES, AS THERE
CANNOT BE A CONSTITUTIONAL TRIAL and also there would be a
violation of the conflict of interest laws, along with the
violation of separation of powers and checks and balances,
because "OFFICERS" OF THE COURT ARE ON BOTH
SIDES OF THE BENCH.
These same LAWYER-JUDGES are awarding or approving LAWYER
FEES, directly and indirectly, amounting to BILLIONS
OF DOLLARS annually, all in violation of conflict of
interest laws.
Since crime and treason are against the law, and the lawyer
profession is a crooked profession, a LEGAL BOUNTY should
be placed on ALL LAWYERS (betrayers) and all those who
are aiding and abetting these TRAITORS, the lawyers. As
long as there are lawyers, there will never be any law,
constitution or justice. There will only be MOB RULE,
RULE BY A MOB OF LAWYERS (TRAITORS).
IXV. CASE "LAW" IS UNCONSTITUTIONAL:
As CASE "LAW" IS ENACTED BY THE JUDICIAL BRANCH OF GOVERNMENT.
When a lawyer-judge instructs, directs, or gives orders
to a jury, the lawyer-judge is TAMPERING WITH THE JURY.
He also tampers with testimony when he orders the answers to
be either "yes" or "No." The lawyer --judge also tampers,
fixes, and rigs the trial when he orders anything stricken
from the record, or when he "rules" certain evidence and
the truth to be inadmissable. This makes the trial and
transcript FIXED and RIGGED, because the jury does not
hear the REAL TRUTH and ALL THE FACTS. Juries are made
into puppets by the lawyers and lawyer-judges.
All lawyers are automatically in the judicial branch
of government, as they have the Unconstitutional TITLE
OF NOBILITY (Article 1, Section 9 and 10), "Officer of
the court."
Citizens have to be elected or hired to be in any branch
of government but non-lawyer Citizens are limited to
only 2 of the 3 branches of government. Lawyers as 1st
class citizens, can be hired or elected to any of the
three branches of government. Lawyers, "Officers of the
Court," in the Judicial Branch, are Unconstitutionally in
2 branches of government AT THE SAME TIME whenever they are
hired or elected to the executive or legislative branches.
This is a violation of the separation of powers, checks
and balances, and the conflict of interest laws.
District attorneys and State's attorneys have taken over the
Grand Juries FROM the people, where the people are DENIED ACCESS to
the grand juries when they attempt to present evidence of crimes
committed in the courtrooms by the lawyers and lawyer-judges.
TRY TAKING THIS MATERIAL TO THE GRAND JURIES!
The U.S. Constitution, being the Supreme Fundamental Law,
is not and CANNOT be ambiguous as to be interpreted, or
it would be a worthless piece of paper and we would have
millions of interpretations (Unconstitutional amendments)
instead of the few we have now. That is why all judges
and public servants are SWORN TO SUPPORT the U.S.
Constitution, NOT interpret it.
Imagine hypothetically how stupid it would be if any
constitution stated, "that the judicial branch of government
has the power to interpret this constitution."
ORGANIZED CRIME never existed until the BAR ASSOCIATION
took over OUR COURTS and OUR GOVERNMENT. Now crime is
organized internationally, just as the Bar Associations
are organized. Some of their international affiliations
include but are not limited to THE INTERNATIONAL JUDICIAL
ASSOCIATION; INTERNATIONAL
TRIAL LAWYERS ASSOCIATION; WORLD PEACE THROUGH LAW CENTER;
WORLD ASSEMBLY OF JUDGES: et al. This means that the Bar
Associations are not only the INTERNATIONAL CRIME SYNDICATE, but also
the INTERNATIONAL WORLD GOVERNMENT and INTERNATIONAL COMMUNIST PARTY.
XV. Under INTERNATIONAL ORDERS:
ALL LAWYERS, whether they left law school yesterday or
50 years ago, are EXACTLY THE SAME. All lawyers have to
file the same motions and follow the same procedures in
using the same Unconstitutional "lawyer system" of hanky
panky and hocus pocus, and to DESTROY THE UNITED STATES OF
AMERICA FROM WITHIN by always ruling AGAINST THE PEOPLE.
ALL LAWYERS AND LAWYER JUDGES
ARE GUILTY OF "TREASON."
In probate, the lawyers place themselves in everyone's will
and estate. When there are minor children as heirs, the
lawyer-judges appoint a lawyer (a child molesting Fagin)
for EACH CHILD and, at times, the lawyer fees EXCEED the
total amount of the estate.
An OUTRAGEOUS amount of TAX "MONEY" is directly and
indirectly STOLEN BY LAWYERS. Money that is budgeted to
County Boards, School Boards and other local and federal
agencies eventually finds its way into the pockets
of lawyers, as ALL of these agencies are "TRICKED" and
"FORCED" into ETERNAL EXTORTIONISTIC
LITIGATION.
In all elections, VOTE AGAINST ALL LAWYERS, never vote
for a lawyer. Vote FOR NON-LAWYERS ONLY. If only lawyers
are running for election to the same office, do NOT vote
for any of them, as most are ALL ALIKE. All lawyers are
programmed to be "TRAITORS AND INHUMAN CLONES."
WALK SOFTLY AMERICANS AND CARRY A BIG STICK
Most importantly don't be afraid to use it. We are under
vicious assault and we must make use of every resource we
have, or give into their slavery. COPY
AND SPREAD
WIDELY, SEND COPIES TO THE CRIMINAL LAWYERS AND LAWYER-JUDGES.
II Corinthians 5:5. For we walk by faith, not by sight.
Author Unknown
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From the July 1998 Idaho Observer:
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Do Idaho Attorneys Have a License to Practice?
"Think of it as a state being"
by Hari Heath
Does membership in the American Automobile Association give ordinary
Americans a valid license to drive? Would membership in the National
Rifle Association permit one to carry a concealed weapon? By joining
the North American Hunting Club would a person be licensed to
hunt in North America? If answer to the previous questions are no,
then why is membership to a state bar association construed as a
"license" for attorneys to "practice" law?
by Hari Heath
Alfred Adask published an article in the AntiShyster Magazine a while
back entitled "Deemed to be Licensed." It was a humorous expose'
on the fact that Attorneys in Texas don't actually have a physical
license to practice law but are somehow "deemed" to be licensed by
reason of their membership in the State Bar Association.
I found this to be a curious situation and thought I would conduct an
informal investigation of Idaho's "license to practice law." It is,
after all, against the law, to practice law without a license in
Idaho. Surely our Idaho Attorney's wouldn't knowingly break the law.
I ran into some attorneys that I knew, and during the course of our
conversations, I asked if I could see their license to practice
law. One continued to talk about hunting and fishing and avoided
the subject. The other mumbled something about he was once issued
a certificate years ago, but neither could show an actual license.
As Mr. Adask pointed out in his article, this non-issued "license"
which all judges and attorneys are "deemed" to have, furthers the
independent, non-accountable grip the private bar associations
have on the judicial branch of government. Our Idaho Constitution
doesn't require any "license to practice law."
Some time passed since my original informal investigation on the
Idaho "license to practice law." As a defendant who was actively
litigating my right to travel without a drivers "license," so long
as I didn't injure others, or damage their property, I thought this
could be a prime opportunity to see if the prosecutor and magistrate
prosecuting me were "licensed."
Subpeona
The Idaho State Bar ignored my first letter seeking a copy of the
Prosecutor Payne's and Magistrate McGee's "license to practice law,"
so I issued a Subpoena Duces Tecum demanding either a copy of their
licenses or a letter on their letterhead stating that they did not
have a license to practice law.
The Idaho State Bar responded by sending a letter on its letterhead
stating:
"The Idaho State Bar does not have physical "licenses to practice law"
for our members, so I am unable to provide you with copies. However,
I can give you the following information:
Douglas Paul Payne is an active member in good standing of the
Idaho State Bar. He is currently licensed to practice law in Idaho.
Daniel J. McGee is also a member in good standing of the Idaho
State Bar. He is currently a judge in the state and, therefore,
does not practice law.
Sincerely, Annette Strauser, Membership Administrator."
Motion to dismiss
I then incorporated this in a Motion to Dismiss and filed it with
the court (Benewah county case number CR 97-00407). Excerpting from
my Affidavit in Support of Motion to
Dismiss:
No license to practice law
Both Prosecutor Douglas Paul Payne and Magistrate Daniel J. McGee do
not have "licenses to practice law," as required by statute to hold
and conduct the public offices which each officer has assumed. This
fact is further evidenced in Exhibit B, a true and correct copy of a
letter from Annette Strauser, Membership Administrator for the Idaho
State Bar, attached hereto.
Idaho Code 31-2601 requires that the Prosecuting Attorney be "... an
attorney and counselor at law duly licensed to practice as such in
the district courts of this state..."
Idaho Code 1-2206 (2) requires that Attorney Magistrates be
"...currently licensed to practice law in the state of Idaho."
As evidenced in the letter from Annette Strauser (Exhibit B),
Prosecutor Payne and Magistrate McGee do not have "licenses to
practice law." Further in the letter, Ms. Strauser claims that
Douglas Paul Payne "is currently licensed to practice law in Idaho."
To follow up this letter and clarify its contradictory statements,
which first states that there are no "licenses to practice law"
and then states that Douglas Paul Payne "is currently licensed to
practice law in Idaho." I called the Idaho Supreme Court and Annette
Strauser, on the morning of April 22, 1998.
In my phone call to the Idaho Supreme Court I was informed, by the
several clerks that I talked to, that when a new attorney passes
the bar exam and is sworn in at the Supreme
Court, then the Supreme Court issues a Certificate of Admission.
I then called Annette Strauser to confirm this process and to try
get a better explanation as to how an attorney can be "licensed to
practice law" when there are no "licenses to practice law." Strauser
confirmed that the process described by the Supreme Court clerks
to admit a new attorney to the bar was correct.
Strauser further explained that the "license" for an attorney was
different than, for example, a hunting or fishing license, which was
an actual paper license. Strauser told me to think of an attorney's
license "as a state of being."
Strauser also stated that to become a member of the bar and maintain
status as a member in good standing, an attorney must pay membership
fees, provide information about any trust accounts they may have, and
occasionally participate in continuing legal education requirements.
I have also learned from prior phone conversations with the Idaho
State Bar, that the bar is a private association, not a governmental
entity or office.
> From the evidence and information that I have been able to gather
thus far, an attorneys' "license to practice law" is not any kind
of bona fide "license," but rather a certificate of membership in
a private non- governmental association, which makes some attempt
at self regulating its members. At best, it may be an "implied
license," and best was described by Idaho State Bar Membership
Administrator Strauser "as a state of being."
The above mentioned code sections require a prosecutor to be "duly
licensed" and attorney magistrates to be "currently licensed to
practice law."
Black's Law, Sixth Edition, offers the following relevant definitions
of license:
"A permit, granted by an appropriate governmental body, generally
for a consideration, to a person, firm, or corporation to pursue
some occupation or to carry on some business subject to regulation
under the police power."
"Certificate or the document itself which gives permission."
"The permission by competent authority to do an act which, without
such permission, would be illegal, a trespass, a tort, or otherwise
not allowable."
Implied license: "One which is presumed to have been given from
the acts of the party authorized to give it."
Black's Law, Sixth Edition offers the following relevant definitions
of Duly:
"In due or proper form or manner; according to legal
requirements. Regularly; properly; suitable; upon a proper
foundation, as distinguished from mere form; according to law in
both form and substance."
Idaho Code 9-101, states that "Courts take judicial notice of...[t]he
true signification of all English words and phrases, and of legal
expressions."
The ACCUSED contends that as offices of public trust, the Prosecutor
which must be "duly licensed" and the attorney magistrate who is
to be "currently licensed" as required in the Idaho Code sections,
must have a bona fide license, not an "implied license" which, as has
been shown herein, is nothing more than a certificate of membership
in a private association, which the Membership Administrator of
said association has told me to think of an Attorney's license
"as a state of being."
Such metaphysical "licenses" or memberships certainly do not conform
with "the true signification of the English word" "license," are not
"according to law in both form and substance"; "in due or proper
form or manner"; and are not "A permit, granted by an appropriate
governmental body."
Further, most "licenses" are issued by an executive office of
government, such as a sheriff's office, or an administrative agency,
such as the Department of Fish and Game. The Idaho State Bar is a
private, non- governmental association, which deems its memberships
to be licenses, and through this metaphysical construction has
created a monopolistic control over the judicial branch of public
government.
If such a membership in an association is sufficient "license"
to hold an office of public trust, then similar memberships should
suffice for other areas of "licensed" activity.
Is a membership in the American Automobile Association a valid
license to drive?
Would membership in the National Rifle Association permit one to
carry a concealed weapon?
By joining the North American Hunting Club would a person be licensed
to hunt in North America?
If a group of individuals wished permission to do "an act which,
without such permission, would be illegal, a trespass, a tort, or
otherwise not allowable," could they then form an association, issue
memberships, deem themselves "licensed," and grant permission to the
associations members to do an act which was otherwise not allowable?
The charges in the instant case against the ACCUSED should be
dismissed because the prosecutor is not "duly licensed" to practice
law, and the magistrate is not "currently licensed to practice law,"
therefore both are not in compliance with the statutory requirements
of their respective offices.
Final outcome
And what result can one expect when one presents a Motion to
Dismiss like this one to the local magistrate court? Magistrate
McGee refused at two different hearings to allow this motion to
be argued. At the first hearing, while not allowing me to make
any argument on the motion, Magistrate McGee made a prosecutorial
argument from the bench against the merits of the motion.
And what argument could he have made against this motion, you might
ask? The kind that has been all too common in the continuing saga
of my right to travel case: Sheer avoidance of the facts and the law.
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The Idaho Observer
P.O. Box 457
Spirit Lake, Idaho 83869
Phone: 208-255-2307
Email: observer@coldreams.com
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