Time: Fri Jul 18 06:26:54 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id VAA19976; Thu, 17 Jul 1997 21:05:22 -0700 (MST) Date: Fri, 18 Jul 1997 00:04:47 -0400 Originator: heritage-l@gate.net From: Paul Andrew Mitchell [address in tool bar] To: pmitch@primenet.com Subject: SLS: Ninth Circuit endorses vigilante justice (fwd) <snip> > >Hello email friends! Apologies if you receive a duplicate post. > >I am attempting to help publicize this case for some friends of >mine. I need email addresses of news media and talk programs, >whatever you've got. Please send these to me at: > > Steve Washam <sew@valint.net> > >Questions about the case should be directed to: > > Steve Martonick <sma@bmi.net> > >Thanks! > >Steve Washam > > >NINTH CIRCUIT OK'S VIGILANTE JUSTICE: >CIVIL RIGHTS PLAINTIFFS FINED $10,000 FOR CLAIMING RIGHT TO >A LEGAL TRIAL > >Wednesday, July 17, 1997 > >WALLA WALLA, Wa. --- A recent Associated Press story told >of a police chief in Arkansas who decided to have one of >his subordinates pretend he was a municipal judge. The >pretender sentenced two women on traffic charges to hefty >fines and community service. Now the chief's subordinate >has been fined $1,000 by a real municipal judge and the >police chief is going to trial. > >If this same scenario happened in Washington state it may >have been a far different story. The victims of the hoax >may have been fined and told on appeal that they had no >legal right to bring an action against someone pretending >to be a judge. > >This in fact did happen to two plaintiffs in a federal >lawsuit filed in eastern Washington. > >The Ninth Circuit Court of Appeals has upheld the ruling of >federal district court judge Alan McDonald that there is no >constitutional right to trial before a lawful judge. > >In an order denying a motion for reconsideration, issued >the day before Independence Day, July 3rd, 1997, a panel of >the Ninth Circuit let stand its earlier decision dismissing >the appeal of Walla Walla residents Ron Steele and Terry >Knapp who had filed a civil rights action to shut down the >pretend municipal court of Walla Walla, Washington. > >The three judge panel ruled in a terse decision: "In >accordance with the rule set forth in Heck v. Humphrey, 512 >U.S. 477 (1994), this case is dismissed." > >The Ninth Circuit never elaborated on what "rule" in Heck >it referred to and how it applied to Steele and Knapp's >claims. > >The Supreme Court did say in Heck that state prisoners >could not bring civil rights suits if they were just veiled >attempts to attack their convictions. Nonetheless, neither >Steele nor Knapp were ever state prisoners nor did either >serve time pursuant to a sentence of the municipal court. > >Said Steele of the appeals court decision: "After nearly >an hour of oral testimony, more than 50 pages of briefs, >and hundreds of pages of documents submitted on the record, >I had hoped that at the least we'd get something more than >just 14 words." > >The civil rights class action suit brought by Steele and >Knapp had its roots in a March 1993 order by judge Charles >Thronson of the Walla Walla municipal court. > >Thronson had ruled that the court was never established in >accordance with Washington state law and therefore it did >not have jurisdiction over the traffic case before it. >The judge found that essential legal steps had been omitted >in the court's creation in 1976, such as a public hearing >and local legislative action in the form of a resolution or >ordinance. > >In spite of Thronson's findings, the city continued >operating the court after a hastily drafted resolution was >passed allegedly "ratifying" the municipal court's >existence retroactively to 1976. Due to the city's rush, >this resolution was also adopted without a public hearing >or compliance with other essential statutory steps. > >Because the city turned a deaf ear to the plea of a number >of area citizens including judge Thronson who wanted the >court either shut down or a legal one established, Steele >and Knapp took their case to federal district court looking >for help. > >In their complaint they alleged that: "The purpose of this >action is to obtain a declaration that the purported court >of limited jurisdiction [the Walla Walla municipal court] >that has been and continues to be operated by the Defendant >is not and has not been a court since July 1976; and is >void, non-existent, fraudulent, a nullity and a >trespasser...." The complaint also termed the municipal >court a "sham." > >Steele and Knapp pointed out in their argument that the >Washington state supreme court and appellate court cases of >State v. Canady (1991) and State v. Moore (1994) require >municipal courts to be created by ordinance or resolution >adopted publicly prior to the creation of the court. The >Moore Court declared: "[T]he power of the office makes it >essential that the [local legislative authority] properly >and publicly create and authorize it." > >Neither the city in its briefs nor the McDonald or the >Ninth Circuit decisions addressed or even mentioned the >Canady and Moore cases. > >During oral argument, however, judge Robert Beezer of the >Ninth Circuit panel told the city that it could not do >business in such a careless manner. Beezer then pointed >out, somewhat caustically, that his own panel had complied >with all legal requirements in its formation. > >McDonald didn't go as easy on the plaintiffs and their >claims as the Ninth Circuit. > >The judge expressed his displeasure with Steele and Knapp's >suit by fining them $10,000, just a week before Christmas >1995, for bringing the action, saying their case was >"without merit." > >He also ordered their attorney to "show cause" why he >shouldn't be disbarred from practicing before federal >courts in the eastern district of Washington. For 13 >pages, McDonald derided Steele and Knapp's case in >exceptionally harsh language. > >Although he conceded that statutory procedures were not >followed in establishing the court and never found the >court to be legal, McDonald dismissed the plaintiffs' claim >that their right to a trial by a lawful court had been >infringed, calling it "constitutionally insignificant." > >A graduate of Whitman College in Walla Walla, McDonald is >himself a controversial figure. > >The Reagan appointee has recently been sued by his former >clerk, Kathryn Blankenship, after allegedly firing her for >refusing to alter court documents. > >Among other things, Blankenship alleges that McDonald would >pass sexist and racist notes to his law clerk in court and >used government employees to conduct his real estate >business for him on government time. (See District Court v. >Sandlin, 12 F.3d 861 (9th Cir. 1993) for an account of >some of the judge's activities.) > >Steele and Knapp intend to pursue an appeal to the United >States Supreme Court. > >The Supreme Court overruled a record 96% of the Ninth >Circuit cases it heard last year. The high hourt also on >a number of occasions went to unusual lengths to chide >Ninth Circuit judges for the poor quality of their >decisions, said Ninth Circuit judge Diarimuid O'Scannlain >in a July 8th speech in Seattle before the Washington >Institute Foundation and local Federalist Society. > >Steele summarized his experience with justice and the >courts. "This is why I want to appeal. I want to work in >the system, but there is a double standard here." > >"If McDonald and the Ninth Circuit aren't corrected, then >how can the federal government question the activities of >the Freemen and other militia types who set up their own >courts? Because now that it's OK for the city to ignore >the law and operate an illegal court it just invites these >fringe types to do the same." > >"Its incredible, when one dares to exercise his rights to >question this, he gets slapped with an outrageous $10,000 >fine." > >-END- > >For more information, contact: > >Ron Steele: (509) 525-2057 > >Steve Martonick: sma@bmi.net > >### > <snip> ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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