DCF is completely in control. Even judges can't rein them in.
The founders never DREAMED that a state agency would one day come into homes and kidnap children.
I. Why Can't Anyone Stop DCF?
If everyone knows that the FLORIDA Dept. Of Children and Families (DCF) is out of control, why can't they be reined in and told to behave? This is one of the dirtiest and least known secrets of how the DCF is able to destroy so many families, and the source of their power: DCF is in control, not the courts. It must be nice to answer to no one, knowing you cannot be punished, cannot be sued, cannot be accountable for the trauma you perpetrate, both on purpose and by mistake.
Ever since the Massachusetts Supreme Judicial Court decided two cases back in 1995, Care and Protection of Isaac, 419 Mass. 602 (1995) and Care and Protection of Jeremy, 419 Mass. 616 (1995), the DCF has had almost complete control of all children in its custody. A judge will only interfere if DCF is committing what is ridiculously called an "abuse of discretion."
When does DCF abuse its "discretion" enough for a court to step in and stop them?
Generally, never. The Courts have become rubber stamps for DCF. Death, torture, broken bones, bruises, wounds, medical neglect, and other 'minor' problems caused by DCF do not seem to bother courts very much. However, if the parents pray, spank, or yell at the child, then they will authorize the DCF to take your children and give them to a family who cannot be told not to abuse them. Foster parents and DCF approved programs and institutions can usually abuse children at will, often with no consequences whatsoever. As long as it's their guy doing the abusing, nothing will happen.
Not only will a court refuse to stop DCF caretakers from abusing children, it will usually not mind if DCF is falsifying records, committing perjury, taking children on false pretenses, illegally stretching out a case for years, or demanding that a wife commit perjury by getting a false restraining order against the husband.
In other words, DCF is accountable to no one, and no one can stop them, unless the state legislature or a higher court steps in and changes the state of the law.
Well, can't I sue them?
As with all things in the strange world of "child protection", the DCF has been given a gift of protection from lawsuits, called "qualified immunity". That is a fancy name for being lawsuit-proof in most cases. Right now, until someone succeeds in getting a court to change the situation, DCF agents are immune from suits for all "discretionary" decisions. Our federal civil rights laws state that ANY PERSON who deprives someone of a right is liable. Our courts say, "horsefeathers", those nice DCF abusers are above the law, as are GALs, DCF lawyers, court investigators, and the judge, too.in other words, anyone from the government can abuse your kids and get away with it.
"Discretion" is when they decide to do just about anything they want: to kidnap your child from you, to keep your child, to adopt your child out, to hurt your child, to emotionally manipulate your child, to stop your child from hugging you at visits, or just about anything else. Only when they violate a "clearly established" constitutional right can they be sued. That is almost never.
It is ridiculous, but the courts have continually protected foolish and biased social workers from any liability for wrongdoing. We are going to try to change this.
What are "clearly established" constitutional rights?
Technically, they are rights specifically listed as being protected in the Massachusetts or federal constitutions, such as the right to free speech, or the right to bear arms.
Parental rights are not specifically listed in the either the state or federal constitutions. No one 200 years ago ever dreamed that government would interfere in families, so they didn't protect parental rights in the constitutions, state or federal. It would have been unthinkable to have a state agency to break into homes and kidnap children.
However, parental rights are now called "reserved powers", which means that any power not specifically given to the government by the constitution belongs to the people under the Ninth Amendment to the Constitution (Bet you never heard that one!) All powers, including parental rights, which are not mentioned in the Constitution, are kept by the people under the 9th and 10th Amendments.
Because most courts now operate more by a political agenda than by the law, they will often only protect 'enumerated', or listed rights, except for ones THEY would like to add, like gay marriage. However, the constitution is not supposed to work that way. All rights are yours by natural divine law. The constitution does not create rights, but only binds down the government from interfering with them. The Massachusetts and Federal constitutions list several rights as examples in the Bill of Rights, and then basically say that if we forgot any others, they are protected, too.
However, most judges now believe that the government creates and grants rights, rather than preserves existing rights that are bestowed by our creator, and which cannot be taken away. Thus, they will ignore your parental rights if it suits them.
Judges often merely explain rights away if they do not favor them politically, as they have done with gun rights, for example. They treat the rights protected under the constitution like an accordion - they expand certain ones that are in political favor, and contract others that are not politically correct.
Do parents have ANY rights?
Not really. The problem is that our founders never dreamed that anyone would ever think of intruding into families, so they did not write specific protections into our state and federal constitutions. They assumed family government would exist peacefully alongside state and church government. Now, when the rights of parents to raise children are being challenged, there is little protection available from courts against the savage predators in the DSS.
A parents' right to direct the upbringing of their children was never questioned until recently. Now, the state sees itself as the parent, and they let you have temporary custody of your own child, unless and until you do something the state doesn't like - then the child goes back to its true parent - the state. There is even a Latin lawyer term for this: Parens Patriae, which means, "father of his country". The Real Life Dictionary of the Law defines parens patriae as: "the doctrine that the government is the ultimate guardian of all people under a disability, especially children, whose care is only entrusted to their parents."
Are you getting this? The state now owns your children, and entrusts you with them, until you do something politically incorrect, like home school them, spank them, pray with them, or otherwise try to keep them out of the hands of those who want to make them into obedient world citizens.
You have told me all that I CAN'T do. Is there anything I CAN do?
Yes, but there are no easy answers. Read on.
Ii. The grizzly bear
(Adapted from material written by Mike Humiston at NationalOutrage.org)
A grizzly is a dangerous creature. They are arbitrary, vicious, and they are not afraid of you. Sound familiar? If you encounter one in the wild, you must be very careful...
Should I throw sticks and rocks and scream at him?
Only if you want him to kill you.
Then I should turn and run, real fast...
Only if you can run very, very fast.
Then what should I do?
Stand firm, don't show any signs of fear or anger, then carefully, quietly, back away.
The grizzly is the child protection system...
But I thought somebody else's government was the Great Bear...
Indeed. Always be polite when dealing with caseworkers and the police. Always, always!
Because the police carry guns, for crying out loud! And because you are dealing with terrorists, and they have your children. If you argue with the caseworker or the judge, you will only antagonize them. Nothing you say is going to change their minds or make them quit twisting your words. So don't try. Don't give them words to twist. There's no use throwing sticks and stones at the grizzly.
What about running away?
If you can do so legally, then do so. If the state has legal custody of your children, it is illegal to take them and leave. If you're going to break the law, then as with the grizzly, you better be able to run pretty far pretty fast. There are people sitting in prison at this moment for "kidnapping" their own children.
Are you telling me to give up?
Absolutely not! We're telling you to be smart. Know your rights and control the flow of information, but do it with a smile on your face and with total graciousness. "I'm sure this service plan is okay, but I'd just like to have my attorney go over it before I sign it. I believe you when you tell me they're just routine, so I'm sure you don't mind if he just has a look before I sign." Remember, the guy who tells you don't need an attorney is the guy who has something to hide. Just because their forms are "routine" does not make them right.
Iii. What a parent can do to fight false allegations of abuse.
Unfortunately, you cannot do as much as you would really like to do to fight DCF yourself, except to AVOID doing the wrong things. You can learn about many of those wrong things, and about DCF dirty tricks, on this MassOutrage web site, and the linked sites. However, even if you learned it all, that is only the beginning.
Knowing the things you can learn here, simply doesn't give you the whole scope of the process. Courts and lawyers have made it so complicated (probably to keep a lot of their buddies employed) that very few people even inside the system completely understand the process and all its legal requirements.
In sum, fighting DCF is so hard, so technical, and there are so many pitfalls, that you are better off to work with a good lawyer rather than try it yourself. There is just so much to fighting one of these cases, that it is about like doing brain surgery on yourself to try it alone.
Get a good lawyer.
The single biggest ingredient in fighting the DCF menace is to get a good lawyer. What is a good lawyer? Here is the list of qualities I would look for:
Hates the DCF;
Committed to parental rights over government power;
Knows the DCF law, regulations and policies;
Will stand up to DCF social workers and judges, not collaborate with them;
Is YOUR lawyer only, and is not being paid by the state;
Will work with, not against, your spouse's lawyer to get your kids back, if appropriate;
Respects the Constitution and other founding documents;
Does not think lawyers are God, and will work WITH you, not talk down to you;
You trust him and he trusts you. You are both going to take a blindfolded walk down the plank in the dark, so you better trust each other.
Work with your lawyer.
The most important thing you can do to get your children back, in addition to avoiding falling into any of the DCF dirty tricks, is work with your lawyer to help him or her get your kids back. How?
You can help review the DCF record, which is very tedious, to look for any evidence you can use against DCF. You can make a chronology, or a time line of all the major events so far, so that the lawyer can get a clear overview of your case. You can pay the poor guy, so he can endure the endless days and nights of attention to your case. You can be patient with the delays, knowing that it is not your lawyer, but DCF and the Court, who have caused them.
You can do everything he tells you in the way of counseling or drug testing or parenting classes, so that he can go back to DCF and report that you have been a good little boy or girl. You can clean up your act, if it isn't: Straighten up your house, your heart, and your life.
You can attend every visitation that your child's kidnappers allow, without fail, even though they will cancel the visits any time they feel like it for any selfish reason. (Irony - they often cancel to care for their own child). You can smile (though gritted teeth) at your child's captors, and work with them. Never, never show your anger, even though the social worker may deserve to fry in the lowest part of Hell.
Listen to your lawyer. Trust your lawyer. If you can't, get a new one. Even if you have a state appointed lawyer, due to lack of finances, fire him if he does not work for you. If he is laughing it up with DCF, fire him. Many lawyers who do this work actually like DCF because they get a lot of work from it. Me - I'd be very happy to be put out of the DCF business tomorrow, if they were abolished.
Iv. Any more advice?
What about the Government School? Can they get my children there?
They sure can.in fact, it is the preferred method. No pesky parents. Only sympathetic statists who embrace big brother and believe that the government has the best interest of the child at heart, as opposed to the parents. Government school, you say? Is that a PUBLIC school? Yes, and it is financed by, supported by, and run by the same government who wants to steal your children.
If they have any suspicions about your home whatsoever, the DCF agents will come to your child's government school, all smiles, and take your children aside. They will use suggestive and coercive techniques, and get "disclosures" about what goes on in your home: things like spanking or other discipline, prayer in the home (that is now 'abuse'), yelling or arguments between parents (that is now 'domestic violence'). Since this is done alone, no one will be able to fight the DCF agent's lying version of the "abuse" that they will coerce out of the child.
If I can't trust the government school, who can I trust?
No one but your own private lawyer, as stated above. The government has a snitch network of so-called "Mandated Reporters" everywhere a child is likely to be. Nurses, doctors, school counselors, police, dentists, therapists, teachers, day care workers, and many others MUST report anything they think is suspicious, or risk a big fine.
They have manipulated these former helping professionals into becoming snoops for the "Central Party Committee". These people used to be able to help folks in trouble. Now, if you go to them, they will often turn you into the DCF. The authorities have beat them into submission, and most of them now have the attitude of: When in doubt, report.
At this point in our history, only your lawyer can keep your secrets, by law. Everyone else is a snitch. Tell them to no one else.
What should I do, then?
GET YOUR CHILDREN OUT of the government school, and do it now. That is the major pipeline through which the DCF steals children from families. If you are taking government aid of any sort, get rid of it if you can.
If you decide to compromise your family by keeping your children in danger there, then at least teach them that if some DCF agent comes to talk to them, that they demand to have their parents present before answering any questions.
Teach your children the sanctity of the family. The schools are teaching your children to rat on you. Teach your children the other side, the danger to which they expose your whole family by reporting you to the authorities. Teach your children that dozens of children have committed suicide while in foster care. Hundreds have died. Thousands have been tortured and abused.
Teach them that they have the right to remain silent, and if they choose not to remain silent, each and every word they say will be used against their mommy and daddy. Love them, love them, love them.
Teach your children this: "Kids, this is our family attorney, Mr. Smith. He is our family's only attorney. He is the only attorney that we talk to. If somebody else comes to you and says he is your own attorney (e.G. The DCF agent, or guardian ad litem) anything you say to him will be used against our family."
One of the best things you can do is buy and read Suzanne Shell's book, Profane Justice. It can be ordered for $25.00 by writing to: Sage Wisdom Press, P.O. Box 75863, Colorado Springs, CO 80970. Forewarned is forearmed.
What about real child abuse?
Real child abusers should go to prison. And the traditional due process protections of criminal law are more than enough to separate the true abusers from the falsely accused. Just because O.J. Was acquitted of murder does not mean we should dispose of all due process. Likewise, just because some abusers will get away does not mean we should take away all children.
We must challenge this now, and by doing so will define Sui Juris in the Law. We do not want the "right" to "represent" ourselves. You ARE Yourself. The Court must acknowledge that "Pro Se" means "represent yourself" which is an impossibility. You ARE yourself in your God given, Inherent Rights, PROTECTED by the Constitution, with restrictions on GOVERNMENT, NOT ON YOU, a Natural Man or Woman and your Offspring. You are claiming your humanity, which is what the court has stripped from you.:
I AM, MYSELF, SOVEREIGN AUTHORITY and am not ASKING for the RIGHT to REPRESENT ANYBODY. The Court cannot refute the essential TRUTH of Protected Inherent Rights, and challenging this exposes why the court uses "pro se" and how language is used to deceive us and stop us if we don't know our rights and demand them.
Sovereign Rights are Inherent Rights, only claimable by the Natural Man or Woman who lives and breathes and pleads their own case, the literal meaning of Sui Juris. A representative cannot claim Sovereignty for someone else, nor can an attorney exercise your Sovereign Rights in a courtroom.
To force a Natural Person to give up their rights in any court is TREASON, and these judges are to be held accountable BY THE PEOPLE. Jefferson said we should "clean house" every twenty years, but no one has. Almost ever since the Founding Fathers established this Freedom, only the foxes have been guarding the hen house.
You go into the courtroom and tell them that you do not give them permission to violate your rights, and that they are your Public Servant. This is what we are accomplishing when we bring Sui Juris - I AM - into the courtroom, full sovereignty and constitutional restrictions on the government intact. It is up to YOU to respectfully demand this and not take no for an answer, even as the Sheriffs are moving to arrest you for speaking and the judge is ordering you to jail for contempt because you will not sit down and shut up as he violates you. Remember, you have a RIGHT to speak and make the Public Record, you will get a jury trial if they arrest you! Without an attorney, you will go into court and access that Record and expose the judges crimes!
Sui Juris is about People telling their own Truth on the Public Record, accessing the Court openly and as simply as possible, carefully learning what their Rights are, avoiding self incrimination while educating and empowering themselves to As the original constitution was written, legal papers only have to meet the standard of "as any reasonable person can understand".
Everything comes down to a judge: disputes over land and property, divorce, disputes with your neighbor, crime and punishment, your custody, your children's custody and wardship, all these Rights constitutionally protected and any judge that acts as a judge in Juvenile Court is presiding in an unconstitutional court and is therefore committing the crime of Trespass of Treason against your Civil Rights and against the Constitution - THE LAW OF THE LAND!
Now that I have appraised your predicament, let me explain it to you: They have alleged that you have abused your children; they have attacked you and you are not disputing their allegations because your attorney does not put your facts into evidence. And testimony that is undisputed File a Complaint in Circuit Court against: the caseworker, SOSCF, the policemen involved, the judge involved and anyone else who is involved for Racketeering, Kidnapping. Conspiracy, Fraud and Violation of the Public Trust. Don't worry, our book will show you how.
That brings us back to this what to do handbook, Sui Juris, The Truth In The Record. The first confrontation - you are accused, cited, break a rule.in most of the Child Services Cases, if the person knows their rights, and confronts the SOSCF in the first hearing, they stand a good chance of ending the case immediately and getting their children back. The Agency routinely takes children without warrants, Lawful Petitions, Affidavit of Probable Cause, and have not "made all reasonable effort" to find relatives to prevent removal of the child.
You must challenge the fact that none of these documents exist, and not fall for the doublespeak of the court to get out of it. The DA will say "we need more time to organize our paperwork, your honor" or "we need to come back this afternoon with the paperwork". You must at that moment, ON THE RECORD - state OUT LOUD - TO THE JUDGE - "Let the Record show that the STATE has no Lawful documents to be holding or to have taken my child".
Everything A Judge Does To You - APPEAL!
Once a person pleads guilty to anything, or "admits" any past or present fault or incident in their lives, the whole incrimination opens up and the slander that is now in the record is permanent. Again, if people know their rights, they will refuse to answer questions that are self incriminating and that the DA has no right to ask - but your attorney does not object. People are hugely deceived when they are told that any database is confidential. The STATE shares all information with every other agency, but will not disclose this to you. Once it is in the record, it is used against you permanently unless you confront the unlawful way the court acquired the information, allowing you to incriminate yourself and not protecting you. That in itself is a violation that is an appealable issue that happens consistently in courts of no due process.
The important thing to remember is that everything the judge does, you immediately appeal into a higher court. (See chapter on filing an appeal). If the judge retaliates and arrests you, this actually works in your favor, as now you get a jury trial, having been actually charged with something.
You need to be fearless; in the courtroom controlled, focused outrage, like you really feel, not suppressed and victimized in the system. You learn to make a Record of facts that incriminate your abusers. You are careful not to be emotional and get caught in their trap to make you angry and self incriminate. You stay focused on the facts they cannot dispute and stay on track. You get your documents and prosecute your own case. You have rights that the attorney does nothave. He is a corporate statutorily limited representative. You are not. You are a Sovereign Child of God, with in-a-lien-able Inherent Rights that were laid out in the Bill of Rights, and the government is constitutionally restricted to interfere with your sovereign rights.
We have NEVER seen corroborating affidavits, nor any evidence of what those "reasonable efforts" were, and often the order is an outright lie. Usually, no reasonable effort is made intentionally because the agency receives money NOT to return the child to its family.in our case and other families who tell us how no family member was even contacted before the children are taken. But the judge orders it, and now in order to say the court never had any evidence and no lawful warrant or affidavits, the original lie that the judge made must be confronted.
At this point you have already gone beyond the limit that an attorney will defend you. If he tries to aggressively push the court in your defense, he will be held in contempt, and if he continues he will be disbarred. These are not speculations, but years of experience and learning from attorneys who openly admit this is why they will not file lawsuits in the child services cases. Attorneys privately tell people we know, that it would ruin their career to confront a judge. They say that they would never be able to plead another case in front of that judge, and the retaliation is absolute for exposing a fellow Bar Member. We have heard of attorneys telling people that they are not being paid enough to go against the child services agency to defend them. We have seen an oath that they take that says they swear to their brothers first, the court next, the client afar distant priority.
We often hear of attorneys telling people we are right, and that it IS kidnapping the way the STATE has taken their children. The attorneys tell the people that they should charge the STATE, but say "don't ask me to do it". They (ATTORNEYS) do as little work as possible, ensnare you into the STATE plans and unlawfully compelled forced service contracts and never appraise you of your rights. Then, when the court finishes abusing and terrorizing your children into submission having kidnapped them, calling this making them "adoptable", and terminates parental rights, the attorney says he did what he could, and often quits the case. The attorney will rarely file an appeal, and even if they do, it is a pathetic document that does not confront anything real. They absolutely do not challenge the unconstitutional statutory practices or your Rights violations by the agency. And at this time in the Oregon Court of Appeals there is a near 100% "affirmed without opinion"
When you learn what a court is supposed to be, what a court of credible evidence is and what your inherent Right of Due Process means, you understand that something is terribly wrong when a judge can conduct unconstitutional courts. A court is simply a place to make a Public Record. That is the key, and what is most aggressively blocked to the People on trial in the courtroom.
There is no Lawful, Constitutional provision for courts of no due process, and the Legislature has no authority to create unconstitutional courts.
The whole court is manipulated, with trained actors in different roles who "act judicial" but who know among themselves that they are not being authentic. It is especially disgusting once you realize that all the gesturing, the "all rise" for the judge, the language that no one can follow, is for show. It is meaningless, and if you courtwatch, you realize that in their game, no one speaks the facts. It is not uncommon to sit through hours of hearings and never hear the facts of the case at all The talk will quietly shift back and forth about motions, and witnesses will testify with hearsay and opinions, no facts or credible evidence at all, and no one will object. Absolute lies are told, which the "defendant" knows are lies, but the attorney does not dispute the statements nor allow the defendant to speak.
We have participated in 5 day jury trials where at no point was the Law read to the jury that was being used to charge the defendant, no mention of Law allowed. This is another word game, where the Judge says "you will reach your verdict accordingly as I instruct you in the Rule of Law" and we have learned that "rule of law" is a statutory instructed verdict, that has nothing to do with the Law, which is the Constitution and they are the only authority to decide the facts and the Law. The court does not allow any Law at all to be read in front of a jury, and we are stopped every time we try. We still manage to get a lot in by saying it before the judge can stop us - you must fight the whole way to make the statements on the Record that expose the fraud, and that they cannot dispute, and that you get this past the prosecutor who will block you.
Undisputed Testimony Becomes Fact
One of the Key elements in the way the STATE plays a game to prevail in court, unknown to most people, is the basic premise in the court that undisputed testimony on the Record becomes fact. If you do not speak, and dispute and object when the lies are told, these lies, undisputed, become fact. It is no different than if someone says "you broke the window" and the natural reaction of an innocent person is to say "I did not break the window", yet, in most court hearings, wild slanderous allegations are routine, the attorney does not dispute or object, and does not allow the defendant to speak or defend themselves. The People always KNOW that it FEELS wrong as they sit in the courtroom and these lies are not disputed, but they are threatened by the judge and their own attorney not to speak.
This is one of the vital importance's of insisting on speaking the Truth in the Record, and another reason why Sui Juris is so vital, not to have a parasite attorney attached to your name and your rights.
All that goes up to the higher courts is the Record. Whatever you are going to put in the Record must be spoken in the courtroom in a court of record out loud or you cannot be sure it is made part of the record. If a judge refuses to allow you to speak, you must say "then I am going to make an OFFER OF PROOF for my appeal". This is most important to remember, the 'magic words' you have to say, in order to force a judge to let you get your facts into the Record. Often judges will "lose" your motions, and if attorneys write them, once again, there is no confrontation with the facts spelled out.
Prosecute your own case
Make the Record of Crimes against you.
Two things must happen first in order to begin pleading your own case and prosecuting your case yourself. You must gather the facts in your case, and file for your documents, so you will KNOW all the facts that are being kept from you by the courts and agencies. You will start with what you know, with the documents you have, you will file to get the rest, and you will do this yourself. (See chapter on FOIA).
Most people who contact us are completely overwhelmed and emotionally distraught, drained and beaten down by the time they hear about A Voice For Children and call for help. Many of the prisoners, tell the same story of no defense by corrupt attorneys, how their story never got in the Record. They write to us and tell us we are their only hope, and we know it is true that there is no Due Process and they did not get fair hearings. As I said, most people have never been allowed to have their day in any honest court, and usually are not allowed to speak.
The first part of building your case will be a great release once you write down all of the details and events that have been in your mind like a storm day and night, with no real way to release it. By organizing all the events, you can let it go somewhat in your mind. You will now have a document that you will read into the record; will file as an affidavit in a Motion on your case; you can send copies everywhere to authorities and media; you are beginning to build a document record in your own defense as you write your own Motions.
You want to write your story with FACTS. Not opinions. Try not to be emotional, just state the facts just like a reporter. Write it in chronological order, dates. "They did this, then they did this, then this happened", etc. If you do not know dates, say "on or about" but get everything you know about onto the paper. Be sure to name names, or use "john doe officer" if you don't know names, but describe everything that has happened to you and your children.include all violations of court processes, if they did not give you your papers before court, or witness lists; lawful summons (we will cover that in another chapter about "courts of evidence").include all persons that you know are in any way connected with your case or your children.
Filing the Complaint
The most effective way to proceed, and the Process of filing a Complaint and then following it up a month later with a Summary Judgment on the facts, consists of a few basic parts. You send out tort claim notices, then you write your Complaint, you take it down and file it at the courthouse. You serve it on all parties. You wait 20 - 30 days (depending on your local time computation for filing schedules - you will find such information under Rules of Civil Procedure for your State or Federal). After the appropriate time, you file a Motion for Summary Judgment, which is a "show cause" hearing where you lay out your facts and the other side has to oppose your facts, and denial is not enough. You request an oral bearing, with an unbiased judge who has not been on any of your cases before.
You take an army of people into court with you, at least never go alone, the more people the better. You want enough people to let the corrupt judge know the group is not going to tolerate a sham proceeding. You present your case yourself, using the Complaint and Exhibits you already put together when you filed the Complaint. You state your case, and if they cannot dispute your evidence, you go to a jury on damages alone. The evidence will become fact and the jury will consider monetary and injunctive relief for you.
This is really the whole Process in a paragraph, but there are more parts as you get into your case, and if you have more than one case going, as we have.
The Court Cannot Deny Your Petitions for 'Want of Form' or 'Insufficient Process' All it has to be is 'as any reasonable person can understand'. Be Persistent! Do not take NO for an answer!
The judges and attorneys know that they are, by law, to be very careful not to exploit your Sui Juris status, but they will exploit you as much as you let them or you don't realize what is happening. We have heard judges say "why, you don't expect me to hold you to any less a standard than this attorney, do you?"; or, "don't you think I should hold you to the same standard as this attorney?"; and many people believe the judges lie, and their confidence is broken to trust themselves that they will know how to proceed. This is another judge LIE, and like the other lies you will be assaulted with, stand up to it. We don't put a lot of credence to caselaw, as they will use caselaw to defend anything they want to do. But the following caselaw should go into your paperwork, important to use to make clear and certain that the court is knowing and that everyone agrees that the court is knowing when they violate your rights.
"And be it further enacted. That no summons, writ, declaration, return, process, judgment, or other proceedings in civil cases in any of the courts or the United States, shall be abated, arrested, quashed or reversed, for any defect or want of form, but the said courts respectively shall proceed and give judgment according as the right of the cause and matter in law shall appear unto them, without regarding any imperfections, defects or want of form in such writ, declaration, or other pleading, returns process, judgment, or course of proceeding whatsoever, except those only in cases of demurrer, which the party demurring shall specially sit down and express together with his demurrer as the cause thereof. And the said courts respectively shall and may, by virtue of this act, from time to time, amend all and every such imperfections, defects and wants of form, other than those only which the party demurring shall express as aforesaid, and may at any, time, permit either of the parties to amend any defect in the process of pleadings upon such conditions as the said courts respectively shall in their discretion, and by their rules prescribe (a) "Judiciary Act of September 24,1789, Section 342, FIRST CONGRESS, Sess. 1, ch. 20,1789
Due Process provides that the "rights of pro se (Sui Juris) litigants are to be construed liberally and held to less stringent standard than formal pleadings drafted by lawyers; if court can reasonably read pleadings to state valid claim on which litigant could prevail, it should do so despite failure to cite proper legal authority, confusion of legal theories, poor syntax and sentence construction, or litigants unfamiliarity with pleading requirements" (Spencer v Doe, 1998; Green v Branson 1997;Boag V McDougall, 19982; Haines V Kerner, 1972)
"Right to proceed pro se (Sui Juris) is fundamental statutory right that is afforded highest degree of protection" DEVINE V INDIAN RIVER COUNTY SCHOOLBD., 11TH CIR. 1997
File a Notice of Tort Claim
Send each party a "Notice of Tort Claim"
Filing Your Complaint
Attach a Certificate of Service
Serve on all Parties and the Court.
The Tort Notice simply states that a legal action is going to be served on them at a future time. A tort claim is not binding, but insures your right to sue later on, generally within two years of your knowledge of some event. With fraud, there is no statute of limitations, and it is always fraud. Send this to all parties before filing your Complaint.
You write your Complaint, with a "Certificate of Service" attached to the back and list all the parties and their addresses you are serving with the Complaint. Now you take it to the County Courthouse. If you are poor, you ask the Clerk for their forms for an "indigency waiver". Be sure and make more copies of this, because you will use it alot, if you are indigent. Give as little information as possible, saying N/A on most questions, but let it show you do not have much income (EVERYTHING you say about yourself at all times WILL be used against you, and sooner than you think. You answer as few questions as possible, and they know they have no right to ask). You go to a judge in the courthouse, any judge, ask a clerk to help you, and have the judge sign the indigency waiver. This is usually routine stuff. After this is filed, it will be free for you to file Motions, and court cases and demand transcripts and documents for free. If you are writing Motions in a criminal case, you do not have to pay to file your paperwork, nor should you have to pay for any Records if you are indigent.
After you get the Indigency Waiver signed, you go back to the Clerk and they will give you a case number, and usually appoint a judge. Be sure that the judge they appoint is not a judge you are involved with in any way, or one that you are naming in your Complaint, or you or any family member have had any dealings with previously. If they try to insist that you have no right to pick a judge, tell them that you will file a Motion to Recuse any judge with a conflict of interest. Get the court to stamp some extra copies with a court date/filed stamp, and you leave as many at the courthouse as the Clerk says they need.
You make true copies of the Complaint using the date stamped copy, for all Parties named. You have someone serve the Complaints or pay a Sheriff or process server or anyone over 18 in most states (you cannot serve this original Complaint yourself, but all future Motions can be served by you, or mailed) You use a standard SUMMONS (you can get this at an office supplies store that carries legal forms), and attach one and keep one for each Complaint you serve. After all the Parties are served, you file the filled out Certificates back into the court showing that you have verified service on each party.
In some states you can also use Certified Mail, but hand delivery is better. Office serves are fine, and one important tip for Process Serving is that you NEVER walk out with the document if they refuse to take it. If you are certain that you are in the right office, or house or whatever, even if they refuse to tell you their name, all you have to do is be able to describe the person you left it with at a certain address, (write this on the Process Serve) and you leave it on the desk, or on the ground, and WALK AWAY - do not turn around, and say clearly "you're served". You make two copies of each process serve paper, and paper clip one to the Complaint and keep the other one, on the back writing in the pertinent information. After you serve all the parties, you make copies of your signed certificates, and file the originals in the court. After the last party is served and you file the process serve papers (the originals go back to the court file, very important to file them all properly, as the courts love to dismiss everything saying you had "insufficient process". You have to wait twenty days for the other side to answer.
Writing your Complaint
You list each party, and be sure and include every significant person who has been abusing you and your family, or who has knowingly helped, aided and abetted others to violate your rights and perpetuate lies.include every KNOWING party - Judges, attorneys, caseworkers and officers, supervisors, the Attorney General, the Supreme Court, and the Governor, if they are KNOWING of your abuse and have refused to act to protect you. List the crimes, as shown in the example. You state your facts, put on your evidence, and attach exhibits to back up your statements. You start with what you have, and will subpoena more documents.
You can file with the exhibits at first or add them later. We originally filed the exhibits with our Motion for Summary Judgment later, but the STATE will try to say your Complaint "fails to state a claim". This is a meaningless, diversionary judge catch-all phrase, a deception on the language by which the court is rendering you. If you attach the exhibits to the Complaint in the beginning, the Court cannot use this one on you. Your evidence will be right there in the Complaint that the STATE cannot refute.
You will get a lot more evidence as you start getting your court records and discovery. The main thing is that you are setting forth the facts they cannot dispute. The whole Sui Juris Process we are sharing is about being being up front about everything you are doing. You WANT the whole government to know that you are fighting for your rights and Due Process, and they can see if you receive it or not, as you go into court and shine a lot of light and make a lot of noise publicly about what is happening to you.
[Compiled from numerous sources.]