NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS
TO: Beverly A. Benka
dba Clerk of Court
c/o U.S. Bankruptcy Court
P.O. Box 2164
WASHINGTON STATE, USA
FROM: Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)
c/o Forwarding Agent
7115 N. Division Street #B-354
WASHINGTON STATE, USA
DATE: February 20, 2009 A.D.
SUBJECT: OATH OF ATTORNEY expressly required by Rule 5,
Washington State Court Rules, Admission to Practice Rules
Greetings Beverly A. Benka,
Rule 5 of the Washington State Court Rules, Admission to Practice Rules, reads as follows:
(d) Oath of Attorney. The Oath of Attorney must be taken before a judge elected or appointed to an elected position, sitting in open court, in the state of Washington. In the event a successful applicant is outside the state of Washington and the Chief Justice is satisfied that it is impossible or impractical for the applicant to take the oath before a judge elected or appointed to an elected position in this state, the Chief Justice may, upon proper application setting forth all the circumstances, designate a person authorized by law to administer oaths, before whom the applicant may appear and take said oath.
(e) Contents of Oath. The oath which all applicants shall take is as follows:
OATH OF ATTORNEY
State of Washington, County of _______________ ss.
I, _______________, do solemnly declare:
1. I am fully subject to the laws of the State of Washington and the laws of the United States and will abide by the same.
2. I will support the constitution of the State of Washington and the constitution of the United States.
3. I will abide by the Rules of Professional Conduct approved by the Supreme Court of the State of Washington.
4. I will maintain the respect due to the courts of justice and judicial officers.
5. I will not counsel, or maintain any suit, or proceeding, which shall appear to me to be unjust, or any defense except as I believe to be honestly debatable under the law, unless it is in defense of a person charged with a public offense. I will employ for the purpose of maintaining the causes confided to me only those means consistent with truth and honor. I will never seek to mislead the judge or jury by any artifice or false statement.
6. I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with the business of my client unless this compensation is from or with the knowledge and approval of the client or with the approval of the court.
7. I will abstain from all offensive personalities, and advance no fact prejudicial to the honor or reputation of a party or witness unless required by the justice of the cause with which I am charged.
8. I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay unjustly the cause of any person.
SUBSCRIBED AND SWORN TO before me this _____ day of __________, 20__.
We now infer that Rule 5 supra renders you a material witness to either the existence, or absence, of the OATH OF ATTORNEY mandated by Rule 5 and also by the Federal statute at 4 U.S.C. 101.
DEMAND FOR SPECIFIC PERFORMANCE
Accordingly, formal DEMAND is hereby made of you to direct the designated legal custodian to locate, photocopy and transmit a true and correct copy of your APPOINTMENT AFFIDAVIT to the mailing location shown above no later than 5:00 p.m. on Monday, March 2, 2009 A.D.
Beyond that reasonable deadline, your silence will activate estoppel pursuant to Carmine v. Bowen, and it will also constitute fraud pursuant to U.S. v. Tweel. See also 18 U.S.C. 912, 1341, 1961 et seq.
Thank you for your timely professional cooperation.
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a), Rotella v. Wood