Posts Tagged ‘Courts’

Kentucky Rowan County Clerk’s Deputies issued licenses valid according to Kentucky law

September 14, 2015

Arguments about whether or not marriage licenses issued by Rowan County Clerk Kim Davis’s assistant clerks are valid are nonsense as Kentucky statute specifically states that;

“Any duty enjoined by law or by the Rules of Civil Procedure upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy”

There is no requirement that the deputy has to have the permission of the clerk to perform their duties.

Kentucky Statute – 61.035 Deputy may act for ministerial officer. Any duty enjoined by law or by the Rules of Civil Procedure upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy.

However, there is a state law that makes it a crime for an official to refuse to perform their statutory duty.

Kentucky Statutes 522.020 and 522.030 deal with official misconduct in the first and second degree, respectively. “A public servant is guilty of official misconduct in the first degree when, with intent to . . . deprive another person of a benefit, knowingly . . . refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office or violates any statute or lawfully adopted rule or regulation relating to his office,” .

Official misconduct in the first degree is a Class A misdemeanor and is punishable with imprisonment not to exceed 12 months and fines of $500. Official misconduct in the second degree is a Class B misdemeanor and carries a potential punishment of up to 90 days imprisonment and fines of $250.

Kentucky Statute makes it the county clerk’s duty to issue marriage licenses.

Kentucky Statute 402.080 Marriage license required . No marriage shall be solemnized without a license therefore. The license shall be issued by the clerk of the county [emphasis added]

Therefore, the County Sheriff and Attorney would be within their authority and duty to arrest and charge Kim Davis for failure to perform her sworn duty to uphold the law and issue marriage licenses, either for straight or gay couples. She after all, has committed this crime.

Our Answers to Our Problems – You Tell Me!

January 11, 2009

 What we can do is only limited by our will and our imagination. We must think out-of-the-box. We must work together and resolve our differences. We use a very small portion of our intellectual potential. Anything is possible when there is respect, cooperation, long-term vision, and love for our fellow man – no matter his condition or position in our lives. Nothing is set in concrete. The fundamental beauty of man is our adaptability and creativity. It is a pity that it is usually wasted in petty materialism, bias, totalitarian restrictions, and hatred built by centuries of defamation. Man does not evolve in small steps, but there are significant leaps. I believe strongly, we are about to make one. Join in our national discussion – send me your suggestions for solutions to problems of our times. For a discussion of health care problems see:

http://www.ourpresidency.com/profiles/blogs/basic-principles-for-a

Impeach Judge Kathleen Pantle

January 3, 2009

Judges should be impeached when their conduct so intentionally impeads justice and so intentionally violates the Bill of Rights that they bring great disgrace upon the courts and cause great injustice. These impeachable acts are not just a mistake of law, or a judicial error, but rise to the level of intentional, disgraceful, illegal, unconstitutional, acts of harassment, retaliation, bullying, obstruction of justice, and aiding and abetting felony misconduct of prosecutors. These acts have caused great harm to their victims.  

I propose that articles of impeachment  should be brought against the following judge for the following reasons:

Dishonorable Judge Kathleen Pantle:

Dishon. Judge Pantle purposely violates the Constitution and the laws of both the United States and the country:

1. She issues excessive and unconstitutional bail orders out of spite, animosity, arrogance, narcissism, and deceit, even without a formal charge or due process.

On June 15, 2005 she raised my bail on a fraudulent Medicaid vendor fraud charge, upon a motion from the State for violation of bail, from a $10,000 personal recognizance bail to a $100,000 D-Bond (requires 10% payment) despite the fact she had declared me indigent, I am disabled, I had no criminal record, and I care for an elderly disabled father.  I had been jailed wrongfully by Pantle for contempt because I told her she was violating the law and had no jurisdiction in this void case, then politely attempted to walk out of the courtroom to preserve this issue for appeal, particularly because she had sue sponte removed me as pro se counsel and then denied me appointment of a public defender. During incarceration I was attacked by Sgt. Anthony Salemi, who falsified his record and said I attacked him from my wheelchair.

On December 14, 2005 in the same case Dishon. Judge Pantle arrested me executing her arrest warrant illegally issued on December 8, 2005, despite me informing her in writing on December 7, 2005 that I could not come to a court hearing on December 8, 2005 because Federal Judge Filip had scheduled my Petition for Writ of Habeas Corpus on this criminal contempt case to be heard on that morning, and even told me prior to the hearing informally through his courtroom deputy that another judge would not arrest someone for not appearing as long as they were given notice there was another court hearing. Judge Filip denied my petition without prejudice for failure to exhaust state remedies. This Petition for Writ of Habeas Corpus has now been refiled and is pending before Federal Judge Coar.   I had been illegally removed as pro se counsel (self-representation), although declared indigent denied a public defender for 7 months, denied a due  process hearing on her statement that she was jailing me because I failed to show up for hearing on December 8, 2005 and because I refused to answer questions at a fitness exam she had ordered although I showed up. It is actually a statutory right for me to refuse to answer questions. I did so in exercising this right because I am adamant that her orders are illegal and without jurisdiction – void ab initio. I refuse to bow to despots. The statute, 725 ILCS 5/104-13, even states that bail may NOT BE REVOKED to accomplish a fitness exam. Her order for a fitness exam was without legal basis – she only said my behavior in court (vigorously defending myself pro se by questioning her lack of  jurisdiction) and my copious pleadings (soon to be posted on the web motions to dismiss the case for lack of personal or subject matter jurisdiction) suggested a mental unfitness. This statement is NOT a legally sufficient allegation in open court that would justify a fitness exam.

http://www.scribd.com/doc/9694342/Shelton-Federal-Habeas-PetitionCriminal-Contempt-Conviction2008

http://www.scribd.com/doc/9708949/Shelton-Federal-Petition-for-Writ-Habeas-Corpus-Vendor-Fraud-2008

On January 6, 2006 after the Illinois Appellate Court freed me on December 30, 2005 and reduced bail from “no bail” to $10,000 personal recognizance bail, Dishon. Judge Pantle falsely stated on the record, without me in the courtroom and without benefit of counsel that I had lied to the IL Appellate Court to obtain release and then she raised the bail from $10,000 personal recognizance bail to $500,000 D-Bond (10$ cash required to get out). The IL Appellate Court again freed me 2 weeks later, overturning her order.

2. She committed felony conspiracy to violate rights under color of law in conspiring with Bill Bradley, IL State Police Investigator William Reibel, Patrick Keenan, Nicholas Cozzolino, John Fearon, Patrick Murphy, and Judges Kathleen Pantle, Jorge Alonso, and Lon Schultz, as well as other unnamed or unknown individuals to intentionally retaliating against those who are whistle blowers against government corruption in Illinois and Cook County in that she conspired to illegally prosecute providers of mental health services to those on Medicaid so as to deny care for mental health services to those on Medicaid – this is a gross violation of her oath of office in that prosecutions without personal or subject-matter jurisdiction are forbidden;

3. She committed felony violation of civil rights under color of law as above;

4.  She committed the act of aiding and abetting felony subornation of perjury by the employees of the IL Attorney General’s Office by failing to hold hearings on my motion to dismiss for fraud upon the grand jury, including the acts by State Police Inv. Reibel in making false statements to the grand juries that indicted Dr. Shelton and Mr. Glass, including false statements about the law and about evidence;

5. She violating her oath of office in allowing the void prosecution of Dr. Shelton and Mr. Glass for Medicaid Vendor Fraud without jurisdiction and in violation of the United States Federal Medicaid Code and the Constitution’s Supremecy Clause, as well as prosecuting these persons when she had evidence they were not guilty of the alleged acts;

6. She committed malicious prosecution against Dr. Shelton and Mr. Glass in that all these persons were whistle blowers against corruption in Illinois government and these fraudulent and malicious prosecutions amounted to retaliation for exposing the criminal conduct of members of the Illinois Department of Children and Family Services, as well as officials in the City of Chicago, County of Cook, and State of Illinois;

7. She was aiding and abetting the felony violaton of civil rights under color of law by AAGs Fearon, Murray who were and are still grossly violating due process in not only prosecuting these persons without subject matter or personal jurisdiction, but also in doing so in a process indicative of gross prosecutorial misconduct in violating many rights required by due process under the Constitution;

8. She committed the felony federal crime of slavery concerning Dr. Shelton in jailing her without legal process in violation of the 13th Amendment to the United States Constitution;

9. She violated her oath of office and snubbed her nose at the Constitution in stating in open court in answer to my concerns about her lack of jurisdiction, “I don’t care,” in open defiance of the rules of law;

10. She gave false information to Judge Alonso , who had taken over the case against me when Judge Pantle was transferred out of the criminal court to the Chancery Division, while in the judge’s chambers behind the bench on April 13, 2007, so that Judge Alonso would again illegally hold me in contempt and summarily jail me – Judge Pantle was “visiting” the courtroom to finish up a few cases and hid herself in Judge Alonso’s chambers during one of my void pre-trial hearings – Judge Alonso, falsely thinking that Judge Pantle understood pro se and contempt issues BLINDLY followed her suggestions and procedures thereby also illegally finding me in contempt in an act of not just judicial stupidity, but also in an unconstitutional act;

11. She committed court ordered elder neglect, in a heartless and unethical act, by not considering my father’s situation and not allowing me to arrange for the care of my disabled father whenever she took me into custody- during May to June 2005 he lost 20 lbs and I found him at home dehydrated and depressed;

12. She ignored the well being and health of a defendant, as well as denied due process, by continuing hearings when I was substantially impaired by an asthma attack and/or dehydration and medical neglect – Cook County Jail staff had withheld my heart and lung medication;

***further details to be added to this post – work in preparation***

I call upon the Illinois House to investigate this matter and consider articles of impeachment. I call upon Chief Judge Evans to remove this incompetent, arrogant, dangerous, witch from the bench before others are harmed.

Please write the Majority Leader of the Illinois House at:

Rep. Barbara Flynn Currie
300 Capitol Building
Springfield, IL   62706

and the Circuit Court of Cook County Chief Judge:

Chief Judge Timothy Evans
Richard J. Daley Center
50 W. Washington, Rm 2600
Chicago, IL 60602

It is criminal in my opinion that she is now a bond judge in the main criminal court building concerning the most serious felonies in Cook County. Presiding Criminal Court Judge Biebel should be ashamed that he has appointed her to such an important task.

Prison Industrial Complex Tearing Down Economy and Society

November 16, 2008

One in ten jobs in America are related to the prison industrial complex. We incarcerate 40 times more individuals than any civilized country and the same number of citizens as China which has five times our population.

This is a tremendous burden on our economy. We don’t produce saleable goods or increase the gross national product from our prison industry. Our tax base is eroded when all of these people don’t work. Huge health care costs, not paid for by those using it (the prisoners) increase the public expenses. Welfare and Medicaid expenditures are bloated by the needs of the families of the incarcerated who can no longer support them. Potentially productive workers for new high tech and energy industries are frozen in dead end jobs (correctional officers and employees), when they could be producing saleable goods and services while increasing our country’s productivity. Salvageable workers are thrown to the wind by ignoring and vastly underfunding drug and alcohol abuse treatment and mental health treatment.

Our 40 year experiment concerning being “tough on crime” has failed miserably. Ultimately we will be increasing the crime rate as angry, hostile, untrained prisoners, whose mental illness, addiction, and bad habits are ignored, are released into the population – as we reap the fruits of that which we sow. The ranks of those being released each year are growing exponentially as the steadily increasing numbers incarcerated are released – now about 600,000 persons a year.

I believe until:

  1. we take the profit out of the prison-industrial complex; 
  2.  increase transparency in contracting, juvenile justice, mental health care, training of officers and staff, and policy decisions;
  3. increase training for correctional officers and most importantly for parole officers (who have the toughest and most complex law enforcement job in the country);
  4. take corruption out of the system (particularly in Illinois where all contracts with the State require a 10% kickback or bribe, leading to hiring unqualified patronage workers as officials and officers of the prison system); 
  5. legalize marijuana and control it like tobacco or alcohol to free up law enforcement, prosecutors, and the courts to deal with more substantial crimes;and
  6. most importantly add rehabilitation into the prison system so that the prisoners who are released become productive citizens; as well as
  7. abolish the costly and useless death penalty, 

the system will remain hopeless broken and costly, helping to drive our economy into the ground.

For more information about corruption in the Illinois and Cook County prison/court systems see my blog: 

 http://illinoiscorruption.blogspot.com/


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