Again, with my simple strategy (for a traffic ticket), I don't "tell the judge"anything. I'm asking him questions. Which is it, civil or criminal?

Once again, I'm not "debating". I'm asking questions. "Isn't this a requirement for a valid contract judge"?

Several years ago, when I knew very little about this stuff (a little, but not much), I got a traffic ticket.

I asked the judge, "Is this a civil case or criminal case?" He said, "Criminal."

Now what?

No contract needed in a criminal case, so your strategy is dead in the water at that point (which is exactly where my mind was at -- CRIMINAL? WTF do I do NOW?)

KEK

Based on what I know NOW, I would have never asked that question, not even on a Special Appearance.

Instead, I would file an Affidavit with the Court Clerk to be placed in the case file, and a Petition to Dismiss the case based on lack of Subject Matter Jursidiction. Of course, I would send a copy to the "prosecutor" or whatever info I had (in my recent traffic ticket, the case file had only one piece of paper, which was a printout, and really had almost no info to go on, in terms of who my opponent was).

As a final step to the filing of that paperwork, I would ask the Court Clerk to put me in touch with someone who could schedule a hearing on my petition. Traffic court might not have that ability in their system, but regular courts do. I would at least try, and make note of it if they refused.

Any paperwork filed with the Court Clerk, where a judge will have to make a decision (a Motion, or Petition, etc.) MUST also be scheduled for a hearing on that issue.

THIS is one of the big mistakes pro pers make. They think either (a) they can just verbally say what they want in court (which is what I did in my recent traffic ticket -- not the right way to do it, but sometimes works out), or (b) they file paperwork with the Court Clerk, but do not follow up to schedule a hearing (and give notice to the other side). THIS is the right way to do it -- file, schedule a hearing, and give notice to the other side. Without that hearing scheduled, the judge can just sit on it and do nothing. Then, the pro per will complain that the judge didn't do what he was required to do. Oh, yes he did because he was not required to look at anything if there is not a hearing for him to look at it (and take some sort of action).

The SMJ challenge would be based on failure to provide notice to me (the defendant) as to the Nature and Cause of the action (i.e. not telling me if it is civil or criminal, federal or state, so that I would properly defend myself). 6th Amendment requires that an accused must be informed of the nature and cause of the action against him.

Maybe, I would add your idea of showing up and specifically stating I was there on Special Appearance, not General Appearance, and I would testify (before the judge realized what I was doing) that my Affidavit was my testimony and was true and correct to the best of my knowledge. Robert Fox explains this concept.

At that point, I have written documentation that there is NO CASE against me, as a MATTER OF LAW.

If the judge decides to railroad me anyway, I have several options:

• File an appeal, which I can because I have a written record of judicial error
• File a collateral suit to void the judge's decision
• File a complaint with the judicial review board, based on this judge ignoring the clear black letter of the law
• File a civil lawsuit in federal court against the person, who is acting like a judge, but who violated my constitutional rights (1983 suit)

I agree that MOST people will not do this. But everyone must start somewhere.

Baby steps could one day lead to winning the gold medal at the Olympics.

BTW ...

The psychiatric evaluation order being the most horrific of all!

Robert Fox has the answer to that, as well:

If you are ever put into a position of being required to do a psych eval by a judge because the judge is trying to intimidate you due to you not doing what he wants, you go to the psychiatrist and say this:

"I have a 5th Amendment right to remain silent and not be a witness against myself. I stand on my rights, and I have nothing further to say. Goodbye."

You then walk out (back to your prison cell, if necessary). They have nothing to provide regarding psyche eval. If the judge wants to put you in jail because you refused to be a witness against yourself, you not only have him by the balls when you file your Writ of Habeus Corpus with a different court house, but you have a massive lawsuit against him and the city/county for a black letter law violation of the most egregious kind.

He also said if you think a judge might do that, get your own psyche eval first, and then give it to the judge when he threatens you, and say, "Your honor, I have already taken the liberty to have a psyche eval done. Here is a copy. But I do not have a copy of a psyche eval from you or from the prosecuting attorney. Because the law requires equal protection of the law, I will need to see one from each of you, as well."

Takes balls. Yeah.

We each need to individually rise above it, then it will collapse on its own accord when the time is right.

Agreed.

Again, with my simple strategy (for a traffic ticket), I don't "tell the judge"anything. I'm asking him questions. Which is it, civil or criminal?

Once again, I'm not "debating". I'm asking questions. "Isn't this a requirement for a valid contract judge"?

Several years ago, when I knew very little about this stuff (a little, but not much), I got a traffic ticket.

I asked the judge, "Is this a civil case or criminal case?" He said, "Criminal."

Now what?

No contract needed in a criminal case, so your strategy is dead in the water at that point (which is exactly where my mind was at -- CRIMINAL? WTF do I do NOW?)

KEK

Based on what I know NOW, I would have never asked that question, not even on a Special Appearance.

Instead, I would file an Affidavit with the Court Clerk to be placed in the case file, and a Petition to Dismiss the case based on lack of Subject Matter Jursidiction. Of course, I would send a copy to the "prosecutor" or whatever info I had (in my recent traffic ticket, the case file had only one piece of paper, which was a printout, and really had almost no info to go on, in terms of who my opponent was).

The SMJ challenge would be based on failure to provide notice to me (the defendant) as to the Nature and Cause of the action (i.e. not telling me if it is civil or criminal, federal or state, in plain language, so that I would properly defend myself). 6th Amendment requires that an accused must be informed of the nature and cause of the action against him.

Maybe, I would add your idea of showing up and specifically stating I was there on Special Appearance, not General Appearance, and I would testify (before the judge realized what I was doing) that my Affidavit was my testimony and was true and correct to the best of my knowledge. Robert Fox explains this concept.

At that point, I have written documentation that there is NO CASE against me, as a MATTER OF LAW.

If the judge decides to railroad me anyway, I have several options:

• File an appeal, which I can because I have a written record of judicial error
• File a collateral suit to void the judge's decision
• File a complaint with the judicial review board, based on this judge ignoring the clear black letter of the law
• File a civil lawsuit in federal court against the person, who is acting like a judge, but who violated my constitutional rights (1983 suit)

I agree that MOST people will not do this. But everyone must start somewhere.

Baby steps could one day lead to winning the gold medal at the Olympics.

BTW ...

The psychiatric evaluation order being the most horrific of all!

Robert Fox has the answer to that, as well:

If you are ever put into a position of being required to do a psych eval by a judge because the judge is trying to intimidate you due to you not doing what he wants, you go to the psychiatrist and say this:

"I have a 5th Amendment right to remain silent and not be a witness against myself. I stand on my rights, and I have nothing further to say. Goodbye."

You then walk out (back to your prison cell, if necessary). They have nothing to provide regarding psyche eval. If the judge wants to put you in jail because you refused to be a witness against yourself, you not only have him by the balls when you file your Writ of Habeus Corpus with a different court house, but you have a massive lawsuit against him and the city/county for a black letter law violation of the most egregious kind.

He also said if you think a judge might do that, get your own psyche eval first, and then give it to the judge when he threatens you, and say, "Your honor, I have already taken the liberty to have a psyche eval done. Here is a copy. But I do not have a copy of a psyche eval from you or from the prosecuting attorney. Because the law requires equal protection of the law, I will need to see one from each of you, as well."

Takes balls. Yeah.

We each need to individually rise above it, then it will collapse on its own accord when the time is right.

Agreed.