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Hey, FBI, help!  VIDEO: Van Zandt Courthouse Beaver Dam Scheme  extra: Snake 

Sworn complaints below:  Securing Execution of Documents by Deception - Texas Penal Code Sec. 32.46 - 2nd degree felony. But the real EVIL - Official Oppression - by JUDGE PAUL BANNER - $62,885 FINE for having made a counter-claim in a court of law - First Amendment Retaliation! sworn complaint more below.  Also this NEW: OFFICIAL NOTICE

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From a fresh and personal perspective -- see 'em make FOOLS of themselves -- and a MOCKERY of our courts!                                                                                                                                      
          

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OpenJustice.US
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 "Folks", this stuff would be funny - if it were not so sad - and EVIL.

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Before the fraudulent "BEAVER DAM" suit upon me, I was peacefully RETIRED on my farm, taking care of my cows and invalid 90 year old mother, and had only known the courthouse from getting LICENSE PLATES!   The "Beaver Dam Scheme" suit

Now I am accused of "living in the courthouse", "vengeance and anger towards the legal system", and sued for "libel", "libel and slander", etc., "with malice", and for causing a lawyer "to suffer from stress, anxiety, and loss of confidence", and loss of the "benefits of social intercourse", etc. ad nauseam.   Lawyer's suit for libel and slander     And $700,000 or so (with the 10% interest since 2002) in unlawful judgments and liens against me - (I surely don't have that kind of money!)

But the real EVIL - is Texas "senior visiting" Judge Paul Banner!  assessing a  $62,885 FINE on me for - upon me being sued - for making a "well - intentioned" (Judge Paul Banner, as caught by the court reporter!) counter-claim - a First Amendment Right!  criminal complaint - text only    criminal complaint - w exhibits    Hearing (AUDIO) "with" Judge Banner.  And for context and background,  Happy April Fools Day  -  would be funny - if it were not so EVIL.  And for more "depth" - Hearing (AUDIO) before Judge John McCraw re Judge Paul Banner. Listen for YOURSELF!  Judge Banner was present!  Good law in there on Due Process and First Amendment.   Related documents:  Oral Pleading in Writing    Assignment of Judge Banner    Assignment to Pass out Pumpkins   Suit to declare these judgments as NULL     Amended suit to declare these judgments as UNLAWFUL (damning)  w exhibits     Hey, FBI - time to pick them up

But the real QUESTION - upon Judge Paul Banner - why would Judge Paul Banner do this upon me? And keep on doing such upon me for TWELVE (12) YEARS? What does he have to gain? Whose bidding could he be doing? The "Westfall Bunch", to whom he shoveled all these FINES?  Judge Mary Murphy, Presiding Judge First Administrative Judicial Region, who keeps on assigning him? I would NOT think so.  So WHY?    WHY?    WHY?

Short ANSWER - "Oh Horror of Horrors" - a Pro Se whistle-blower - (me) countering with a civil RICO ("civil racketeering") claim - as encouraged by no less than the US Supreme Court in Rotella vs Wood ("private attorneys general") - and as permitted in State Court - per US Supreme Court Tafflin vs Levitt - bringing a counter-claim - in full legal conformance - upon a "pattern of racketeering activity" - claiming abuse of the 294th District Court - as the "enterprise" ("affecting interstate commerce") per definitions in the RICO statute - and entering such counter-claim - in the VERY 294th District Court - in which I was being fraudulently sued!   "Oh Horror of Horrors!"   Judge Paul Banner Admission (re RICO) - as caught by the court reporter!    for details and the law on civil RICO:  Petition for Writ of Certiorari to the Supreme Court of the United States  Also Hearing (AUDIO) before Judge John McCraw re Judge Paul Banner  Listen for YOURSELF!  Judge Banner was present!

Short ANSWER - "Oh Evil of Evils" - Judge Paul Banner, in furthering the Westfalls' unlawful scheme - as the OPPORTUNITY AND MEANS to execute HIS OWN unlawful scheme of Official Oppression - of course makes him a 100% ACCOMPLICE in THEIR scheme of SECURING EXECUTION OF DOCUMENTS BY DECEPTION - FIRST DEGREE FELONY Penal Code 32.46 because of the HUGE amounts involved - SEVEN YEARS statute of limitations - running anew upon Judge Paul Banner in 2014 re-executing the original crime - by "revival" of all HIS unlawful 2002 assessments - as had by 2014 gone "dormant" - Details in the criminal complaints, below. Hey, FBI - time to pick them up

WELCOME ABOARD - and WARNING - "Ladies and Gentlemen" - Whosoever, having been ON this "tar baby" - we are now on our SIXTH judge in cause 14-00266 (Judge Teresa Drum, Judge Randall McDonald, Judge Joe Leonard, Judge Richard Mays, Judge Joe Clayton, and now Judge Don Metcalfe). Plus TWO in the underlying 00-00619 fraudulent "Open Account" cause (Judge Paul Banner, Judge Ron Chapman). Plus TWO more in the under-underlying fraudulent 0095-0063 BEAVER DAM case (Judge Tommy Wallace, Judge James B. Zimmermann). Plus THREE more in all the other causes: (Judge Don Jarvis, Judge Andrew Kupper, Judge John McCraw).  Plus THREE First Administrative Judicial Region judges (Judge Pat McDowell, Judge John Ovard, Judge Mary Murphy). Plus TWO District Attorneys, and now ONE extra "attorney pro tem" (look up the term) - Plus WHATEVER other judges and other assorted kinds - all the way up to the Supreme Court of the United States - SHAME ON YOU!   Plus TWO all week jury trials. ALL OF YOU, having RECEIVED, or now having KNOWLEGE OF these criminal complaints, and in spite of your sworn duty to "preserve, protect, and defend etc" - NOT doing so - WELCOME ABOARD!    CEASE AND DESIST - text only    CEASE AND DESIST - w exhibits - (7.0MB)    Criminal Complaint to Van Zandt District Attorney - re Judge Paul Banner  - plain tutorial language - very early 2002 criminal complaint to then District Attorney Leslie Dixon. She actually let me present this to her GRAND JURY - then argued against me ALL THE TIME.

 

SHORT INTRO - How did this seemingly "simple" fraud - over a natural BEAVER DAM - in a natural creek - get so out of hand - to $700,000 or so in judgments and liens - NO UNDERYLING DAMAGES - of any kind - all fraudulent "attorney fees" - and attorney fees for suing for "attorney fees"?  The [$85,000] "judgments" and [$62,885 + $125,770] "sanctions" - on their faces in violation of the First Amendment and due process - and NOBODY in law enforcement will do anything about it - see below. Been going on upon me for TWENTY (20) YEARS. That is how this site came to be - because NOBODY in law enforcement will do anything about it.  So, enough is enough - and here I AM!  For a fast-paced general intro, read  Happy April Fools Day .   For those seeking a more "legalese" format, read Petition for Writ of Certiorari to the Supreme Court of the United States, and for details, the TWO (2) layers of appeal courts documents (Texas 5th COA in Dallas, Texas Supreme Court) in between - see below.    "The Emperor has no Clothes!  CEASE AND DESIST - text only    CEASE AND DESIST - w exhibits - (7.0MB)

SHORT ANSWER - I have thought about this quite a bit - over the last 20 years. It has to be, that either  1) THE WHOLE SYSTEM IS CORRUPT AND OUTRIGHT CRIMINAL  -  or 2) SOME OF THESE GUYS ARE JUST PLUM NUTTY - -  and plum evil underneath, but it does not normally show - with TWO lawyers in there to sort of keep the "queen bee" (the judge) from doing anything too idiotic. My experience is mainly with these senior "visiting judges" types -- that it is some sort of "occupational disease" - - like from sitting on high perches -- and having lost touch with reality from watching "the lawyer show" for too long -- else some kind of "stupid virus" that they catch between each other. Their conduct becomes "problematic" with ONE lawyer missing - - and plum idiotic when there is NONE.   Official Oppression and Abuse of Official Capacity -  by Judge Joe M Leonard   w exhibits . Likewise with the idiotic hearing before Judge Ron Chapman - to recuse Judge Paul Banner (remove him from the case) - there was NOT EVEN A CASE left in the court!    Happy April Fools Day.

SHORT INTRO - via AUDIO - step right into the fire with me - REAL COURT HEARINGS - real "doozies", but good constitutional law in here:  Hearing "with" Judge Paul Banner - evil beyond belief - me lecturing him about his unlawful "assignment" for this hearing, comparing it to my spoof Assignment to Pass out Pumpkins from his "perch".  Hearing before Judge John McCraw - re Judge Paul Banner -  hearing was about this suit, Judge John McCraw told me to "bring your toothbrush" (for SIX months in jail) - if he ever saw me again!   On the lighter side:  Pre-Admittance at our JAIL?  "we feed our inmates"  "all you'll be able to bring - are your GLASSES" (no "toothbrush" - I suppose?) 

SHORT INTRO - via the criminal complaints- These sworn "packages" - each with sworn evidence - can serve as a sort of "executive summary" over this whole sorry mess - evincing the very fraud from the start via a suit claiming an "open account" - for "legal fees" (there just ain't no such animal) - and Judge Paul Banner "aiding and abetting" all along - including unconscionable questions and instructions to the jury - and unlawful "sanctions" of $85,770 for having made a "well-intentioned" (judge Banner's phrase) counter-claim (a First Amendment Right at that). [1]  Securing Execution of Document by Deception - re 1st judgment   w exhibits   [2] Securing Execution of Document by Deception - re 2nd judgment   w exhibits  [3] Securing Execution of Document by Deception - re 3rd judgment   w exhibits   [4]  Official Oppression and Abuse of Official Capacity - by Judge Paul Banner   w exhibits   [5]  Official Oppression - by District Attorney Chris Martin   w exhibits  [6]  Official Oppression and Abuse of Official Capacity -  by Judge Joe M Leonard   w exhibits  [7]  Earlier Complaint - re Judge Paul Banner - text only   Earlier Complaint - re Judge Paul Banner - w exhibits   Ready "assortment" for the DA to take to the grand jury - except for one little problem - ONE of the complaints - is upon the DA - no. 5 above. Also, more below.

NEW - not as sworn criminal complaint - but as OFFICIAL NOTICE to the "court majors"  - the real EVIL - the DRIVING FORCE - is JUDGE PAUL BANNER - wanting to PUNISH me for having made a counter-claim when I was sued - (he said so - and DID so).  A court by CIVIL process CANNOT PUNISH for something in the PAST! - PERIOD. Much less so for exercising a First Amendment Right! - yet he did it anyway! (Note: civil process pseudo "punishment" is strictly to coerce one - into doing - or not doing something. "keys to own release")    OFFICIAL NOTICE - as sent  OFFICIAL NOTICE - no attach   OFFICIAL NOTICE - w attach .    Also, here again, earlier  CEASE AND DESIST - text only    CEASE AND DESIST - w exhibits - (7.0MB)   Also, here again, 2002 much earlier   Criminal Complaint to Van Zandt District Attorney - about Judge Paul Banner   And, here again, my earlier complaint  Criminal Complaint to Van Zandt District Attorney - about Judge Paul Banner    FOLKS - I do not want to have to take a TWO BY FOUR across your heads - BUT THIS IS OUTRAGEOUS!    Hey, FBI, where are you? Time to come and pick them up.

MAJOR SUPPORTING DOCUMENTS  - With all this briefing - these guys KNOW - but ... ...    Criminal Complaint to Van Zandt District Attorney - re Judge Paul Banner (in 2002, VERY specific - then DA Leslie Dixon actually let me present this to her Grand Jury - and then ARGUED against me the whole time - ("this is a civil matter - you need to go to a lawyer, etc")    in the Texas Dallas Fifth Court of Appeals:     Brief for Appellant      Appellees' Brief      Appellant's Reply Brief       Motion for Trial Judge to Produce Findings        To Judge Banner - what the hell is going on?        Objections to Just Made Findings       Motion for Oral Argument        Petition for Rehearing En Banc         in the Texas Supreme Court:   Petition for Review        Appendix to Petition for Review       in the US SUPREME COURT:   Petition for Writ of Certiorari (PDF, very specific)

 Some of the Latest:    Hearing before Judge Joe M. Leonard - he screws up real bad - gets himself  bounced off the case - immediately - upon my my criminal complaint  upon him.  Judge Richard Mays assigned - I have declared "ready for trial" - to show to a jury - for a "finding", that these pieces of paper ("judgments") - do IN FACT - violate the law!  "The right of trial by jury shall remain inviolate". Texas Constitution, Article 1 Section 15. Texas Right to trial by jury in ALL cases is unique! Texas makes NO distinction regarding suits in "common law" and in "equity". Detail later.  Too late for press:   Judge Richard Mays off. Judge Joe Clayton off. We now have Judge Don Metcalf. In the 294th District Court to start -  then to the County Court at Law - and now back into the 294th again. County "out of money" for "visiting judges". (In the District Court - the State picks up the tab) This whole mess has cost the STATE and County a BUNDLE - for me, mainly TIME - but I learned a lot - and certainly encountered some really strange "specimen". Curious issue is why Judge Mary Murphy "transferred" this "tar baby" case into the Court at Law in the first place - it is "highly customary" - to send a "visiting judge" - INTO THE COURT - that requested "assignment" in the FIRST PLACE!

EVEN THE DA - our very own Van Zandt District Attorney - aiding and abetting the evil in the COURT)  DA setting me up for criminal trespass by maligning me to law enforcement   I counter with SWORN COMPLAINT of Official Oppression  as notarized   BACKGROUND:  From DA - "yes, we prosecute official oppression"    To DA - Complaint of Official Oppression    To DA - Complaint of securing execution of documents by deception    From DA - sorry response one gets    To DA - "please explain re why not a crime"    To DA - "please explain re statute of limitations"      SWORN COMPLAINT - Securing execution of documents by deception re THIRD judgment  w exhibits     SWORN COMPLAINT - Securing execution of documents by deception re FIRST judgment    w exhibits       To DA - email "DO THE RIGHT THING MR. DA"    re my 8-6-2015 stopping by at the DA      From DA - our DA is setting me up for criminal trespass  To DA - my inquiry as to all his "COPY TO"   SWORN COMPLAINT of Official Oppression  as notarized  SO ASK YOURSELF (or your DA) - "WHY such hard come-down - for me just petitioning my government (the DA). ("DO THE RIGHT THING MR. DA"). The underlying "ELEPHANT IN THE ROOM" was of course - Official Oppression and "inconsistent with due process" in the 294th District Court - BY JUDGE PAUL BANNER - and now the DA "blowing smoke" all around - to put out the fire I was trying to light under him.

THE ROOT OF THE EVIL - our very own 294th District Court of Van Zandt County - and all the way up the line - to the very NINE robes at the very top (supporting documents, below).   Complaint of Official Oppression     Complaint of Securing Execution of Documents by Deception   Response from Van Zandt District Attorney (they swept it under the rug!)     Motion for Recusal of Judge Paul Banner     Petition to Set Aside Order Reviving Judgment     Petition to Set Aside Judgments    What this is all about -- RETALIATION by "Abuse of Official Capacity" - to make an example of a Pro Se DEFENDANT - who vigorously was NOT ENTIRELY STUPID -- "to stop Birnbaum and others like him" -- "a delusional belief held only inside the mind of Birnbaum"    FIRST JUDGMENT:  Fraudulent Court's Charge to the Jury      SECOND JUDGMENT:  Unlawful Sanction of $62,885  THIRD JUDGMENT:  Unlawful Sanction of $125,770    JUST READ THIS STUFF. A window into their minds!  Did they just get caught this time - because I had no lawyer and "not entirely stupid"?  Or do this stuff all the time?   First Interrogatories to Judge Paul Banner    First Interrogatories to Judge Ron Chapman    Civil RICO suit against Judge Paul Banner    BEAVER DAM Madness:  Petition to Set Aside Judgment of Injunction     Judge John Ovard - Get this Madman off My Back     NEW:  Corruption of the judicial machinery itself:  Original Petition for Injunctive Relief    Get these damn courthouse criminals off my back!   CEASE AND DESIST (7.0MB w exhibits)  as Text Only      Enough is Enough:  Oral Pleading in Writing        Oral Pleading in Oral - (AUDIO)     Assignment of Judge Banner  Assignment to Pass out Pumpkins    THE DIARY OF A MADMAN    Hey, FBI - time to pick them up:  Suit to declare these judgments as NULL (a damning concise summary)  

IN THE COURT AT LAW - How did this matter wind up in the inferior Van Zandt County Court at Law - to "rule" on the lawfulness of what its superior sister, the 294th District Court of Van Zandt County, had done?  I had tried, in the 294th, in the old No. 00-619 Westfall case, Petition to set aside Judgments and Petition to set aside Order Reviving Judgment (the judgments had gone "dormant?" after TEN years?) - with NO response by the Court - except same "visiting" judge Paul Banner - who was the object of the all the "unlawfulls" in the first place - denying "Motion to Reconsider" - where there was of course no such motion at all - and no authority whatsoever to even "reconsider" -- that old 2002 stuff having gone "final" in 2002 - in 2014!  (legalese: "plenary power had expired") So, out of pure desperation, I finally entered, in the 294th, new suite No. 14-00266 as Original Petition for injunctive relief - against the "Westfall Bunch" - to forbid them from using these unlawful frapping "pieces of paper" - i.e. these "judgments". Then amended the suit to First Amended Original Petition to Declare three judgments as inconsistent with due process, unlawful, criminal, and void    w exhibits  -  (the mere title says it all!) - taking the "Westfall Bunch" out of the case - without ever having served suit on the Westfalls, i.e. NO DEFENDANTS in this cause at all. (except the "three pieces of paper?) This had a MAJOR impact - although I had not thought it out that way - turning common "litigation" - into extraordinary "petitioning" of government" - for "redress from grievances" (First Amendment).  Even the judges did not see this one coming - i.e. (3rd) judge Joe Leonard - and his unlawful "vexatious litigant" .

continued - Then filed (still in 14-00266 in the 294th) Notice of Concurrent Criminal Complaint   w exhibits. That is when the "fit hit the shan" - i.e. the immediate Order of Voluntary Recusal - by (1st) judge Teresa Drum - followed by the immediate Order Transferring of the cause into the inferior Court at Law (to rule on the lawfulness of what its superior sister court had done?) - by First Administrative Judicial Region Presiding Judge Mary Murphy (she does NOT have authority to "transfer" cases, only to "assign" judges - of course into the SAME court where the judge had "recused" off the case) - followed by the immediate Order of Voluntary Recusal - by Court at Law (2nd) judge Randall McDonald - and the Order of Assignment by the Presiding Judge - of "visiting" (3rd) judge Joe M. Leonard - followed by my "how the cow eats the cabbage" Synopsis upon Transfer and Plea to the Jurisdiction and Sanity (the name says it all) - as to this crazy transfer into this Court at Law - also clearly outside the $200,000 jurisdictional limit of the Court at Law - and certainly NOT with the required "agreement" of Court at Law Judge Randall McDonald - as required for a TRANSFER, followed by, upon my strong pushing, of Notice of Court Setting - followed by all kinds of fur flying:  badmouthing by the non-defendant Westfalls! (they showed up for the "hearing"!)

 short "out" -  very important "aside" to the "fit hit the shan". Lawyers are FORBIDDEN to raise a criminal issue in "litigation" - it is deemed "raising a criminal issue to gain an advantage in litigation" - or something like that - and they can loose their license. Such rules of course do NOT apply to a self-representing Pro Se, where the issue, the ONLY issue - is "unlawful" - and no opposing party at that. That is why the "fit hit the shan" - upon my criminal complaint - and everybody, instead of doing their duty - per their oath of office - and let the petitioner of government - me - petition his government (the judge) for redress of grievances under the First Amendment - ALL SCATTERED like a bunch of cats! And ever after. That is why we have our SIXTH judge! (Plus TWO more "voluntary" recusals by then judge Tommy Wallace and judge James B. Zimmerman in the way down underlying BEAVER DAM mess!  SORRY STATE OF AFFAIRS.  SHAME.

 continued - "The Rest of the Story" is best told by my  sworn criminal complaint  (read it - very informative) upon what (3rd) judge Joe M. Leonard had "put" upon me at his "hearing" - i.e. declaring me, without due process - as a vexatious litigant - and ordering the clerks of BOTH courts to inform the State of Texas - to "post" my name on the web - ALL punishment upon me for petitioning my government (Judge Leonard) - under my First Amendment Right - for redress from what my government (the 294th) had done to me - (it was not "litigation" - there was no "opposing party").  And again, Judge Joe M. Leonard ruled upon NOTHING in the case - except for his unlawful "vexatious litigant" Prefiling Order. Truly amazing! SHAME.

continued - next comes tortured assignment of (4th) judge Richard Mays - who sets aside the Judge Joe Leonard unlawful Prefiling Order with Order Vacating and Setting Aside Prefiling Order. Only problem - Judge Joe Leonard had additionally issued Amended Prefiling Order, so Judge Richard Mays had to additionally set aside that unlawful order with tortuous worded Amended Order Vacating and Setting Aside Prefiling Order and Amended Prefiling Order - clearly stating what I had stated in my  Criminal Complaint upon Judge Joe Leonard  - that it was plum unlawful what Judge Joe Leonard had done upon me - upon petitioning my government - i.e. official oppression. And, without addressing any of the UNLAWFULLS in my petitioning before the court - Judge Richard Mays disappears.  Regarding Judge Mary Murphy's  ridiculous  "appointment" of Judge Richard Mays - to be the "local administrative judge" - of Van Zandt County - but for me and me ONLY - such is of course plum ridiculous.  Judge Murphy cannot "appoint" at all - that can only be done by an executive officer - like the governor - with confirmation by the Senate!  SHAME.

continued    Next - Assignment of Judge Joe Clayton, followed immediately,  upon my suggestion, by Voluntary recusal of Judge Joe Clayton. Next, our SIXTH (6) judge - Assignment of Judge Don Metcalf.

 SHORT "TAKE" ON "VEXATIOUS LITIGANT" - google on "texas vexatious litigant list" - or something like that. The Oct. 14, 2015 official Texas web site list me as the NEWEST on the list, the FIRST EVER from Van Zandt County - since they started keeping records - in 1998!   See my Official Oppression and Abuse of Official Capacity -  Judge Joe M Leonard  w exhibits

 

START - CONSTRUCTION ZONE --the BEAVERS are down below

 SHORT "TAKE" ON STATUS - in the Van Zandt County Court at Law.   Before the Court, indicative of the "flavor" of this cause, the following: [1]  First Amended Original Petition to Declare Three Judgments as inconsistent with due process, unlawful, criminal, and void   w exhibits   [2]   Notice of Concurrent Criminal Complaint upon this Matter  w exhibits  [3]            Synopsis upon Transfer  w exhibits  – the absurd unlawful “transfer” of this cause, and  [4] Plea to the Jurisdiction and Sanity.   Setting for Oct. 8, 2015 before Judge Joe M. Leonard was for Plea to the Jurisdiction and Sanity.   Instead of addressing what was on the agenda, Plea to the Jurisdiction and Sanity -  that this case does not belong in this court - and taking a cue from "The Westfalls" - who were not even a party - and "lights in" upon me - just like Judge Paul Banner had done for "The Westfalls" in the 294th no. 00-619 - which matter I was complaining of in THIS cause! And just like Judge Paul Banner - he puts an unlawful unconditional (no "keys to own release") contempt on me - by civil process - "turning me in" as one of those awful "vexatious litigants" to the State web site.

 continued- And I was not even "litigating" (i.e. two adverse parties) - It was just me, Pro Se, petitioning my government (Judge Joe Leonard) per my First Amendment Right, for relief from what my government (Judge Paul Banner, the 294th) had done to me. Judge Joe Leonard does not "rule" on what what was before the court for today - or ANYTHING else before the court - just out of the clear blue sky unlawfully and wrongly declares me a "vexatious litigant" with his all-screwed-up Prefiling Order (details later), orders the clerks of BOTH courts (294th, Court at Law) to turn me in to the State to post onto the web - I am the FIRST and ONLY "vexatious litigant" from Van Zandt County - since they started this mess in 1998! Go google on something like "texas vexatious litigant list" - even has the all screwed up Prefiling Order.  (more to this mess down later - the court had to "eat crow" - not once - but TWICE!

 continued - I type up Criminal Complaint of Official Oppression upon Judge Joe Leonard - text only    w exhibits, e-mail it to First Administrative Judicial Region Mary Murphy - who had assigned Judge Leonard in the first place - and presto third (3rd) judge Joe Leonard immediately gets himself bounced off this case by Judge Mary Murphy's Order - and we next have our (4th) judge  - Judge Richard Mays - assigned not only to "try" the case - but appointed as the "local administrative judge" - for my case ONLY - and ONLY for the purpose of providing me with a "local administrative judge" - to rule on such other litigation as I might want to file in the 294th or the Court at Law - BOTH of the Van Zandt County local administrative judges, i.e. 294th Judge Teresa Drum, and Court at Law Judge Randal McDonald having previously "voluntarily" recused themselves off this "tar baby" case! Talk about idiotic! (Note: The Judge Joe Leonard stupid Prefiling Order required me to present any new filing to the "local administrative judge" - BUT THERE WAS NONE! 

 Next shows up Judge Leonard's hurried Voluntary Order of Recusal (THIRD "voluntary" in this cause) - and his still-all-screwed-up Amended Prefiling Order.  Judge Richard Mays now assigned - not only to "try" the case, but to be the "local administrative judge" for the 294th District Court and the Court at Law - but ONLY for matters regarding me, Udo Birnbaum, to provide me a place to get "permission" to file in the court - per the screwy Judge Joe M. Leonard Prefiling Order - BOTH of the "local administrative judges" having "voluntarily recused themselves. Even my Plea to the Jurisdiction and Sanity - did not cover such insanity!  Too late for press - Judge Richard Mays OFF - yet another (No. 5) - Judge Joe Clayton www.judgeclayton.com   (Judges Drum, McDonald, Leonard, Mays, now Clayton!)

 continued -  I have declared "ready for trial" - to show to a jury - for a "finding", that these pieces of paper ("judgments") - do IN FACT - violate the law! As for the Texas Right for trial by jury: "The right of trial by jury shall remain inviolate, The legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency". Texas Constitution, Article 1 Section 15. Texas Right to trial by jury in ALL cases is unique! Texas makes NO distinction regarding suits in "common law" and in "equity". I am not a lawyer - but as I read the law, suits at "common law" are the likes of where one sues another, for the likes of negligence - for damages, an injunction, and the likes. Suits at "equity" is where one "sues" - or rather "petitions" - to correct some "wrong". Historically there were courts for common law, and separate courts of equity. Delaware is the only state that still has separate courts. But the distinction between the "type" of case is still carried into the right to trial by jury - except in Texas! As for "such laws as may be needed to regulate" - that is the rules of civil procedure - like "summary judgment" and the like - which does NOT apply to this "case" - there is no party on the other side - to bring such motions. But no telling what Judge Richard Mays "may" or "may-not" do. Nobody else has abided by the law! Anyhow, I have declared "ready for trial" - by a jury!

 SHORT FLASHBACK - to the "beaver dam scheme"- That was in the 1994 - 1998 - 2006 time frame - in our very own 294th District Court of Van Zandt, in 1998 under District Judge Tommy C. Wallace - long before District Judge Teresa Drum in 2003, the all-week trial under "visiting judge" James B. Zimmermann, but already same PATTERN as in the current mess (fraudulent jury questions). BOTH of those TWO - also "voluntarily" recused themselves.  Judge Ron Chapman last judge - see Happy April Fools Day - gets assigned to the then TEN (10) YEAR OLD or so - BEAVER DAM CASE - SIX (6) YEARS or so after trial!  Details - a few paragraphs down.

 

 BACKGROUND - starting with the beavers - Adjacent landowner, retired military (William B. Jones, deceased), in 1994 unbeknownst to me, on Steve's Creek at a remote corner of my farm, on his land declares war on BEAVERS - with DYNAMITE - blowing a 15 foot gap in their dam - and flushing FOUR (4) feet of water, sand, and whatever else from BULLDOZING the whole area - down upon my property. Then about a year later, fearing the enemy would come back, wants permission to also "treat" Steve's Creek on my property for the "overgrown rats". Permission denied. No beavers or dams left. Problem is in his head.

continued - Goes to Canton attorney Richard L. Ray, who sues me for "unlawfully and wrongly" violating Section 11.086 of the Texas Water Code - for ME in 1994 having built a dam - "extending etc" - a perfect description of a BEAVER DAM! All week jury trial on that in 1998, a jury verdict of ZERO damages - and "visiting senior" Judge James B. Zimmerman and attorney Richard L. Ray wanting to impose a "permanent mandatory injunction" - and $10,000 in attorney fees against me. I complain LOUDLY in the court.

continued - BEHEADED CALVES - without any traces of blood - show up at my farm - makes a full-page COLOR spread in the Athens paper. Devil worship? Catches the attention of big-time Dallas lawyer G. David Westfall (deceased, run over by his own tractor) --- who was being prosecuted for animal cruelty for starving 60 animals - gets one of his lady clients working off her legal fees stuck a Westfall Family Farms - to solicit me into getting G. David Westfall to "save" me from that "pocket of corruption" aka the 294th District Court of Van Zandt County.

continued - I retain G. David Westfall - $20,000 non-refundable prepaid (oh, what a trusting fool I was!) - who  by    tosurrepteous eptiously avil - being the one           my properyacross my property. declares warnear a remote corner of my property on Steve's Creek to the "beaver dam scheme"- That was in the 1994 - 1998 - 2006 time frame - in our very own 294th District Court of Van Zandt, in 1998 under District Judge Tommy C. Wallace - long before District Judge Teresa Drum in 2003, the all-week trial under

 

HIGHLIGHTS IN THE 294th- INCOMPLETE

 SUGGESTED INDICTMENTS   -  Hey, FBI, where are you? It is past time to come and pick them up.  I have been complaining - ever since 1995 - and all I get is "dear john" stuff like this - and "advice" from the Tyler FBI - that I cannot - and they will not - do anything about it - and upon my visit to the Tyler FBI, the agent actually suggested to "JUST SHOOT THEM". (I have proof - I am not making this up)  So here are some detailed prepared "indictments" (as a civilized alternative to "just shoot them") - provided in proper "legalese" with marked up evidence - THREE DISTINCT INDICTMENTS, THREE DISTINCT DATES, THREE DISTINCT "PRINCIPALS" - all Texas Penal Code Sec. 32.46 of Second Degree Felony (above $100,000.00) - for "SECURING EXECUTION OF DOCUMENT BY DECEPTION" - ready to pass by the Grand Jury:    Indictment for securing execution re FIRST "judgment"      Indictment for securing execution re SECOND "judgment"      Indictment for securing execution re THIRD "judgment"  For reference, Texas Penal Code Sec. 32.46   When you knowingly do "secure execution" on what you know is your own 2002 lingering fraud - that is a fresh property crime in 2014 - and well within the 7-year statute of limitations - for a crime that strikes at the very heart of the integrity of the documentary processPLUS NOW THREE MORE

VIDEO COLLECTION - "just shoot them" - coming

END - CONSTRUCTION ZONE

"The Stench in the Court"
Who all is evil?

Attorney Richard L. Ray, for his "BEAVER dam scheme" suit?   PDF

Judge Tommy Wallace, for allowing lawyers to do such stuff in his court?  PDF

Judge Richard Davis, sham mediation, to cover up such stuff?  PDF

Judge James Zimmermann, who put fraudulent questions to the jury?  PDF

Attorney G. David Westfall, fraudulent suit for "legal fees", claiming "open account". (Was prepaid)  PDF

Judge Paul Banner, who likewise put fraudulent questions to the jury? PDF

Judge Ron Chapman, who got so mad he could not think and FINED $125,770, then got assigned to the stupid BEAVER case, and "lost it" again?  Docket entries

Judge Andrew Kupper who FINED $1050, would not take action on the fraud he learned of in the BEAVER DAM case and those huge retaliatory unlawful FINES, then himself got assigned to the stupid BEAVER case?
Assignment   Hearing  PDF WORD

Judge John Ovard,  Presiding Judge of the First Administrative Judicial Region, who assigns these MONSTERS?  PDF

Gregg Abbott, Texas Attorney General, who provides in-house lawyers to DEFEND these monsters, when he should be prosecuting them?  PDF

"Oh what tangled webs we weave, when first we practice to deceive"  

"The BEAVER DAM scheme"
I get SUED because BEAVERS had built a dam on my farm! 

Adjacent landowner gets real mad when I would not sign a "permission request" to let him DYNAMITE on a creek on my farm for the "overgrown rats".

Goes to attorney Richard L. Ray, who sees "legal fees" and TWO suckers, but knows he can't sue me over BEAVERS - they are not my beavers - so lawyer fraudulently changes the facts to me building and maintaining a dam ("The Dam") in violation of  Section 11.06 of the Texas Water Code!

Attorney Richard Ray Letter - complains over natural BEAVERS

But fraudulently sues - as violation of the  TEXAS WATER CODE!

Attorney Richard Ray fraudulent harassing Deposition -- search for "beavers" - 101 times!

Trial Transcript -- search for "beavers" 160 times!

Judge Zimmermann hides "The Dam" dam from the JURY - the "Water Code" dam!!!

Judge Zimmermann gives the jury fraudulent QUESTIONS - NO beavers -- NO "The Dam" -- NO Texas Water Code --  NO jury instructions -- all fraud!  (search for "allow dams"). Questions should have been: "Did he violate the Texas Water Code?"

I did not hire a lawyer, screamed fraud at the top of my lungs -- and judges get so MAD at me that they can't THINK -- and assess hundreds of thousands of dollars in FINES Happy April Fools Day as PDF as originally published

"Happy April Fools Day"
I scream FRAUD, and get  FINED $125,700 for wanting a different judge!

How, on a DEAD case, TWO visiting judges, ONE hearing a motion to remove the OTHER from the case -- ONE judge from the bench, the OTHER from the witness box -- managed to assess a $125,700 FINE against a then 67 year old non-lawyer, on APRIL 1, 2004 -- for having filed a ONE page motion to recuse SIX months ago!

Happy April Fools Day  -- adventures in la-la land!   PDF as originally published

Docket entries  --  occupational hazard from too much sitting on high perches?

 Order on Motion for Sanctions -- Judge Ron Chapman painting me as the devil -- "a delusional belief held only inside the mind of Birnbaum" -- a MEDICAL diagnosis! go diagnose yourself, you idiots.  PDF 

          

Local  Man Fined $125,770

If there is insanity around, well, some of us gotta have it!"

What is "civil RICO"?    No. 2    No. 3

Letter to Senate Judiciary Committee

TEST ONLY - Judge Poopi Poopcicle - see what all nonsense Google catches - and how fast - just a fun test    Judge Poopi Poopon 160114

TEST ONLY - District Judge Abcde Fghjk - just a fun test

THE BEAVER DAM CASE - latest

Motion to Set Aside Judgment of "PERPETUAL mandatory injunction COMPELLING the [77 year old] Defendant to remove any [BEAVER] dam on Steve's Creek" -    (the name says it all)      Supporting Documents 

THAT ASTRONOMICAL FINE CASE - latest

Petition to Set Aside Order Reviving Judgment - Judge Paul Banner lacked "jurisdiction" (authority) to make such Order.

Petition to Set Aside Judgments - This mess has THREE - there can only be ONE judgment in a case. Key legal phrase: "inconsistent with due process"  

Judge John McCraw wants to put me in JAIL for SIX (6) MONTHS! -- tells me to "bring my toothbrush" - if he ever sees me again!
They choose to be a lawyer, then judge, and when retired, sign on to the "visiting judge" program, get assigned to go "visit", get well paid for it, then get MAD when they have to come sit on a case. "If there is insanity around - well, some of us got to have it".  There should be a requirement for an "ANNUAL INSPECTION" - - to make sure they still exhibit "judicial temperament" - and not fly off the handle.  incomplete     
Checking at the Jail - for "pre-admittance"   audio   Full McCraw hearing - a REAL doozy - outright refusal to go by the law: AUDIO OF HEARING

The Beaver Dam Scheme (as Q/A)

Your neighbor wanted to use DYNAMITE on YOUR farm?
Yes, wanted permission to blow up beaver dams on our creek.

Why did you not give him permission?
There was no problem, except in his head.

So he sued you?
Yes, over beavers.

How can he sue you over wild beavers?
He can’t, so his lawyer sued for violating the Texas Water Code.

How can beavers violate the Texas Water Code?
They can’t, and that is where the fraud started -- or continued.

What do mean by fraud?
Beavers build a dam, and I get sued for violating the Texas Water Code.

So why did you not complain to the judge?
I did.

So why has this case been going on now for fourteen years?
Because of shyster lawyers and judges, and me screaming fraud, and them trying to cover up all of the previous fraud.. 

Why do you use as strong a word as shyster and fraud?
Any lesser word would be an untruth.  

So, what is this case really about?
Shyster lawyers and crooked judges, them trying to make an example of "Birnbaum and others like him", as the idiots actually put down on paper, and me not putting up with it. Enough is enough!

How about in terms not quite so broad?

to be continued

Those Huge Fines (as Q/A)

What started all these horrendous FINES?
I was sued for an unpaid "open account" for "legal fees"

Isn't "open account" like a lumber yard supplying a builder?
Yes, it is "systematic" arrangement for "sale and delivery".

Was your arrangement with your lawyer like that?
Of course not. I paid him a "non-refundable" $20,000 up front.

Then how can he sue you under "open account"?
That is the fraud. Earlier fraud was in the crook soliciting me.

What do you mean by soliciting you?
Dallas attorney G. David Westfall got one of his lady clients, who he had conned to work off her "legal fees" at "Westfall Family Farms", to tell me these bastards in Van Zandt County really needed to be sued over all that BEAVER stuff, that attorney G. David Westfall was honest and different, and that I had a "very good case".

Did you know David Westfall was soliciting you?
No, of course not. I also did not know that a lawyer is strictly prohibited from soliciting on a "particular matter". Like suing someone, then pushing your buddy lawyer on him, and torpedoing him.

What about that strange JUDGMENT by the Dallas Court?
That was after about half a year in the Dallas Federal Court, when Magistrate Paul Stickney and Judge Henry Buchmeyer signed a JUDGMENT in the case ORDERING the amendment of pleadings!

You said you fired David Westfall, your attorney, upon that?
Yes, David Westfall said Judge Henry Buchmeyer never saw our case, and when Westfall would not do anything about it, I fired him.

to be continued 

More "goings on"

More:
 
Suit against Judge Ron Chapman and Paul Banner - for a "scheme to deprive" the state of Texas of "honest services"

Original Petition -- "civil RICO" - for a scheme to deprive the people and the state of Texas of  the "honest services" as they swore to do.  PDF   WORD   FBI website re public corruption

Interrogatories to Judge Ron Chapman -- go choke on these constitutional issues!  PDF   WORD

Interrogatories to Judge Paul Banner - same constitutional issues.  PDF   WORD

Letter to US Attorney's Office -- they can't put $62,885 and $125,770 unconditional punishment by civil process! A “new and evolving angle” of hiding in plain sight, in an institution we normally associate with doing good – the courts – and do evilPDF  WORD     FBI website re public corruption

Judge Chapman's $125,770 Sanction -- all he was assigned to do was decide if Judge Banner needed to be got off the case! Just look at all those hateful words he used. An open window to his mind!

Judge Banner's $62,885 Sanction --he "sanitized" his version. More clever than Judge Chapman -- and more evil.  PDF

Complaint to Judge John Ovard -- re Judge Ron Chapman - "get this madman off my back".  PDF   WORD

incomplete

More:
 
Attorney Richard L. Ray counter-sues me for libel and slander - claims I caused him "stress, anxiety, and loss of confidence".

Richard Ray is upset over my using the phrase "shyster lawyer" in describing his BEAVER DAM case upon me.    PDF

But then, some people WANT a "shyster lawyer".

My defense, of course, is that he IS a "shyster lawyer" PDF

And, as an attorney "public citizen" he has to prove "actual malice" on my part, i.e. that when I used the phrase, I then KNEW that he was NOT then a "shyster lawyer".
US Supreme Court Times vs. Sullivan - Wikipedia 

He has to PROVE that I DO NOT INDEED BELIEVE that he was in fact, then and / or now, a "shyster lawyer". Good Luck.

Third Amended Original Petition - my suit against Ray for all these HUGE FINES ultimately stemming from his fraudulent BEAVER dam case against me.  HTML    PDF   WORD

Original Petition - Richard Ray counter for libel etc  PDF

Hearing - Judge Andrew Kupper - insight into BEAVER DAM case, those HUGE FINES, "honest service" doctrine
 Assignment   Hearing  PDF WORD

A lawyer has a DUTY to be honest, lest he be in violation of the federal anti-racketeering statute, "RICO"!
FBI website re public corruption

 

Games in the Court (as Q/A)

With all this smoke, what is at the bottom of this?
No, at the TOP.

Did not all this stuff start over BEAVERS?
No. Goes on all the time. BEAVERS just made it all blow up.

Explain?
Like Judge Zimmermann told the BEAVER jury, to make a case, "you take a piece of paper, put it in a typewriter, write anything on it, give it to that lady over there, the clerk, she stamps it, and you got a pleading". Problem is that is what they do all the time, and get by with it, because there is a lawyer on the OTHER side, and they can "undo" and hide anything, with no one the wiser.

What does that have to do with BEAVERS?
Real problem was that I had no lawyer. Screws up their play-pen. - incomplete

Absolute Immunity (as Q/A)

Aren't these judges claiming absolute judicial immunity?
Yes.

Who all is entitled to absolute immunity?
Well, Lyndon Johnson lamented he were one of  those etc. - incomplete

 

 

 

 

NOTE: The below kept as "as was", as was at the time I was sued for "Slander and Libel", "Libel", and "Intentional Infliction of Emotional Distress", and

 "caused the Counterclaimant to suffer from stress, anxiety, and loss of confidence", and

 "deprived Counterclaimant of the benefits of public confidence and social intercourse."

Lawyer attached copy of this web site, as below, as EXHIBIT "A" to his counter-claim  PDF

As an attorney "public citizen", and under the US Supreme Court's Times vs. Sullivan, he has to prove "actual malice", i.e. that at such time as I may have referred to him in the context of "shyster lawyer", that at that time I did not indeed believe that he was such. GOOD LUCK!

"Oh what tangled webs we weave - - when first we practice to deceive"

Besides - "shyster" is an OPINION (First Amendment) - not a statement of FACT.


 

 

 

                                                                                       www.OpenJustice.US
                                      Focus on "visiting judges" and other odds and ends
                                                     "Specializing in the 294th District Court of Van Zandt County, Texas"

                   Courthouse Vignettes -- "Tales from the Hive"
                            Just like "court TV"  --  except real and in writing, and in OUR courthouse
          
From a fresh and personal perspective -- go turn off judge Brown and judge Judy, and watch the real thing!
                                                                                                                                            
         
    Notice  as to the tone of this site.   Not ALL lawyers are evil.   There ARE good lawyers (and judges)! All this stuff "arises out of" (a favorite lawyer phrase) the OLD (Tommy Wallace) court, finally voted OUT in 2002

Mission:                                                                  
"Let US learn more about our American rights under the law, rather than just do LAWYER bashing.
But let US never fall back to our OLD ways of letting a small "good-old-boy" pack of Canton lawyers take advantage of our COURTHOUSE ILLITERACY to talk us into crowning (electing) one of THEM to be THEIR  private judge against US!
See Notice as above.

Latest goings-on:
 On Oct. 24, 2006 retired Judge Ron Chapman actually signs his idiotic $125,770 FINE he sat on ever since April 1, 2004 -- 
   $125,770 Order    Happy April Fools Day -- how it all came about
The case had been DEAD ever since FINAL JUDGMENT on July 30, 2002 !
It was DEAD when Chapman sat on it in April 1, 2004.   Just as DEAD now in 2006!
Also it is a PUNITIVE sanction by CIVIL process ---  that violates "due process"
It is also indictment, medical diagnosis, and punishment -- all rolled into ONE!
            "to stop this litigant and others similarly situated"
            "a delusional belief held only inside the mind of Birnbaum"
The Constitution of course allows "delusional belief", but NOT from the BENCH!
The $125,770 fine             -- key phrases bold emphasized
April 1 2004 docket entry --
occupational hazard from too much looking down from high perches?
"Happy April Fools Day" --
it all started when I was sued because BEAVERS had built a dam on my farm!
RICO suit for $377,310     -- treble damages - for injury by a "scheme to deprive of honest services"
                                                                                                        
                                             The surest sign that intelligent life exists elsewhere in the universe is that it has
                                             never tried to contact us. 
Bill Watterson in his comic strip "Calvin and Hobbs"
                

I get FINED $125,770 for wanting a different judge!   more 
    
     Retired judge Ron Chapman came on April 1, 2004 to hear whether retired judge Paul Banner should be removed from the case.  Chapman's April 1 2004 docket entry    
Happy April Fools Day -- A REAL HOOT!
    
    
Then, after more that TWO years, on Oct. 24, 2006 judge Chapman actually signs his idiotic $125,770 FINE, finding that I was guilty of  "attempt to harass, intimidate, and inconvenience",      "delusional belief held only inside the mind of Birnbaum", "bickering and quarreling with judges", "has been vindictive, unwarrented, mean-spirited, frivolous, and totally without substantiation", and that Birnbaum's "conduct … … was engaged in willfully and maliciously with the intent to harm", and that the fine is "an amount narrowly tailored to the amount of harm caused by the offensive conduct to be punished", and "to stop this litigant and others similarly situated"    Chapman's 8 page Order on Motion for Sanctions -- A REAL HOOT!

    "I'm not a lawyer, but this whole thing sounds more like a criminal indictment, medical diagnosis, and sentencing -- all rolled into one". 

    "If I had been guilty of all this stuff, why didn't the judge have the bailiff arrest me right there on the spot?"

    "It ALL started when I was sued because BEAVERS had built a dam on my farm!"

    "And when I did not NOT hire a lawyer, that upset the whole system, and everybody went MAD".

The case had of course been DEAD ever since FINAL JUDGMENT on July 30, 2002
It was DEAD when Chapman sat on it in April 1, 2004.   Just as DEAD now in 2006!
Also it is a PUNITIVE sanction by CIVIL process ---  that violates "due process"

My response to the whole thing -- sue the judges for the damages they did to me.  There was NO CASE to sit on!
 RICO suit for $377,310.00      -- treble damages by a "pattern of racketeering activity" involving a "scheme to deprive of honest services"I
                                                                                                        
                                             The surest sign that intelligent life exists elsewhere in the universe is that it has
                                             never tried to contact us. 
Bill Watterson in his comic strip "Calvin and Hobbs"

Overview - details below:
The dogs that caught the train
   --   I get sued because BEAVERS had built a DAM on my farm!
Judges and lawyers get sued for "a pattern of racketeering activity" under the federal RICO statute.
And get so MAD they can't THINK  --  and make dam fools of themselves (pun intended) ON APRIL 1!

Overview -- "Oh what tangled webs we weave -- when first we practice to deceive"
Happy April Fools Day   --  "if there is insanity around, well, some of us gotta have it!"
How, on a DEAD case, TWO visiting judges, ONE hearing a motion to remove the OTHER from the case, ONE judge from the bench, the OTHER from the witness box, managed to assess a $125,700 FINE ("sanction") against a 67 year old non-lawyer (me), on APRIL 1, 2004.  (for having filed a ONE page motion SIX  months ago!)
April 1, 2004 docket scratch -- unbelievable!      Happy April Fools Day -- as MS Publisher file (large 3.7MB)

Follow-up
- coming -  "Fruit-Cake II" ??   --   I am accused of  "living in the courthouse"!
        July 19, 2004 --  Dallas "visiting judge"  has a hearing on the 1995!  "beaver dam" suit against me

Overview -- from another perspective:
Going looking for a lawyer -- 
The Wallace "good old boy" network as seen from nearby Henderson County
                                               

Other nuttiness   --  misc. other cases

Lawyer Disciplinary Trial --  Some of the problems the State Bar has with lawyers, and vice versa. Lesson for lawyers: Don't take a mad grandmother for a client!

Case of res ipsa loquitur   --  Drunk kids joyriding at night on flatbed truck. One falls off relieving himself. Claims drunk driver was negligent for letting HIM ride drunk on flatbed!
                                                                                                          
Bunk-bed Bunk  --  A circus.  A kid falls out of bed, and the (lots of) lawyers ... ...  ...  Another hoot. More "lawyer speak"
       

Puppy Mill Madness
 --  The Dallas SPCA awarded judgment of $6,480, $24,080, $7,920, $4,970 in seizure of  Van Zandt "puppy mill" animals, to be paid as "costs of court". But the JP courts had NO "costs of housing" (the seized animals) ! And the SPCA was NOT EVEN A PARTY to the case! And the jurisdictional  limit for a JP court is $5000! And Punishment of ANY kind by civil process  "offend the Constitution"!
                                                     

The beaver dam suit against me - a wake-up call -- what started it all:
Beaver Dam Bunk   --  I get sued  because BEAVERS had built a dam on my farm!  Senile neighbor (ex-military) goes to war --  against beavers  --  with DYNAMITE!  Calling them "overgrown rats", he gets mad at me too.
His shyster lawyer, knowing he can't sue me over BEAVERS (they are state animals) , simply changes the facts.
Claims I had violated the TEXAS WATER CODE, by ME having built a dam, that caused "sand, driftwood, and debris" to wash upon my neighbor -- when he is entirely UPSTREAM!
Before that I was living peaceably on my farm taking care of my cows and my 90 year old invalid mother, and had only known the courthouse from getting automobile license tags.

     A little bit about me --  before all this beaver dam madness

          
     elementary school            me                Village train station            File in the 294th                    My stand
     Germany, 1947, after the war                Story behind this                  see below                            more
    My upcoming book   Excerpts and some more pictures


The federal RICO case  --  Against the whole bunch  --  lawyer, judges, district attorney, the whole pack.
Dallas lawyer had talked me into it  --  "you have a very good case"  --  Oh how naive I was!

Also, had to have been a severe case of  "loose screws" by the Dallas lawyer, to sue Texas judges for engaging in a "pattern of racketeering activity" as outlawed by the federal anti -racketeering statute, RICO.

I get sued by my lawyer -- claiming he did $38,121 "worth" of services -- in suing the Texas district judges???

Appeal to U.S. Supreme Court -- "Since when, in AMERICA?"   Filed Aug. 16, 2004
"Whether a person without a lawyer, filing a pleading in a
Texas court under U.S.C. § 1964(c), ("civil RICO"), can be sanctioned as much as $62,885 merely because the evidence is found to be insufficient to show his claim." See Questions Presented   (filing a lawsuit is of course constitutionally protected! Rutan, 497 U.S. 62)
    Had gone first to Texas Fifth Court of Appeals (Brief), then Texas Supreme Court (Part A  Part B), now U.S. Supreme Court
                    Notice  as to the tone of this site.   Not ALL lawyers are evil.   There ARE good lawyers (and judges)!

Paper Bunk                                                                     
    Paper to the Appeals Court (25 lbs)   Appeal brief   Reply brief  For rehearing  DENIED
    To the Texas Supreme Court (more paper)   Then they cant find it!  Petition Part A  Petition Part B
    Motion for Rehearing   with interesting exhibits:  Exhibit 1  Exhibit 2   Exhibit 3a   Exhibit 3b


    Miscellaneous:
           Archive of my 2002 run for Van Zandt County Judge

The Duties of a Citizen  from 1950's U.S. Department of Justice brochure (Eisenhower was President)
What is "civil RICO"?       No. 2 in the series    No. 3     
Domestic white-collar terrorists
In honor of our troops     
                                                                    
On the lighter side -- REALLY WILD!  -- I am NOT allowed to tell the jury what I was sued for!!!!!
Going looking for a lawyer -- Sometimes it is hard to stay sane
 
Complaints::
Complaints of corruption in Wallace's [old] Court
Letter to Senate Judiciary Committee

Events around our county courthouse:
Our district courtroom update   Housecleaning - new carpets
Our county Law Library       
A modest proposal
Winter around the square -- Seasons Greetings from Canton, Texas
Justice of the Peace - Pct 1     Pct 2    Pct 3   Pct 4

Texas Supreme Court Petition for Review       
Paper that went to the appeals court (25 lbs) 
Now to the Texas Supreme Court (still more paper)
Front section  Main body  They cant find it!

BELOW:
My personal experience "arising out of" the [old Wallace] Court.
Tying me up in the courthouse to get lots and lots of "legal fees" ($122,000). ZERO damages, all "fees".
"Smoke Old Mold, the ONLY cigarette that  that is ALL FILTER".
 Let us NEVER again let crooks run our District Court!  So here goes:
        
  The Van Zandt "beaver dam" scheme    1995 suit on me that STARTED IT ALL!          
   
                  Over "my" beavers! Watch "your" fire ants (and some of "our" lawyers)                    
                    Among the 5000+ skeletons (backlog cases) from the  (old Wallace) court.    Still active case.  
              MOTION for new trial   I'm asking that the judge next time put the RIGHT QUESTIONS to the jury
              Motion for Recusal  That the judge was no longer UNBIASED after being sued for "racketeering"
              The "beaver dam" judge finally steps down   after EIGHT YEARS. Now waiting on a different judge.
              STATUS:  waiting on Dallas to assign a judge for the one who stepped aside  inquiry letter  

              On the lighter side  Judge Zimmermann:  "To make a pleading (a lawsuit),
                you put a piece of paper in a typewriter and  you type on it anything you want to --
               And you come down to the courthouse. You give it to this lady right over here,
               the District Clerk. She puts a file stamp on it. It's a pleading."
FROM OFFICIAL RECORD
        
            That is exactly what the "beaver dam" lawyer had done! [old court]    more         
  
Civil RICO suit against the "beaver dam scheme" - judges, lawyers etc
         
  Civil RICO suit against Canton lawyer  (for his "beaver dam" scheme)     Lawyer's Answer  
          
Started eight years ago. Lawyer still perpetrating it in our District Court as of this day.
                Perpetrating a scheme to "deprive of honest service" (i.e. pattern of lying in court) violates
                "RICO". (Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961, et seq.)
                 EASY READING.   MAKES "RICO" UNDERSTANDABLE.
                 "RICO" is really very simple. See why bad lawyers (and bad judges) hate civil RICO                         
                 Civil RICO jury instructions   If juries can understand what RICO is, lawyers can too!                             
                         
      
  My APPEAL BRIEF on the TWO UNLAWFUL judgments   See exactly how they did it.  
             Near end of document shows picture of the HUGE FILE in the court.
             Would not have happened if they had gone by the RULES of court. [old court]
             Try the "hyperlink" footnotes in the document (the blue things one clicks on)
        
Appellees Brief   They claim I "waived" my right. How ridiculous. Look up "waived"
         My REPLY BRIEF    They have got to be teaching lying in law school!
         Request for FINDINGS 
"Judge, please put on PAPER, what you thought I did so AWFUL"  DENIED!
        
Request for ORAL ARGUMENT  I want to be heard!                                                            DENIED!
         THE BEAUTIFUL DOCKET SHEET IN THIS CASE! 
worth seeing! (best viewed printed)     page 2 
         The heart of the LAWLESSNESS   
"Judge, how did you do this?  The jury was supposed to decide!"
        
One and a half year after the case is over, Judge Banner suddenly "finds" that I was not "well-intentioned" as he found at the end of the case, but paints me to be some sort of monster to the judicial system:
        
Letter to Judge Banner re his "Findings"     Motion for Recusal of Judge Banner
         My Response to Judge Banner's "just-now-being-made" Findings  
(filed in the appeals court)
         My Rule 298 Request for Clarification 
 (filed in our 294th District Court, regarding the new "findings")
.
        The Appeals Court has spoken  -  Except they made up the "facts" and sprinkled some law on top           
         My Petition for Rehearing En Banc  - Asking ALL (en banc) the judges that this is not per the Law
         (as a group, en banc)   Haven't these guys ever heard about our Constitution!!??  pictures      DENIED!
         Now to the Texas Supreme Court (still more paper)        My Petition:   Front section  Main body
       Then they think they LOST it!
         A failure to communicate - short and self explanatory - would be funny if it were not so sad
        or "Did the Texas Supreme Court really LOOSE 24 lbs of my documents, or WHY?"
         Motion to file another set  - like above letter, except more formal. Maybe they will find my documents first?

         
    Civil RICO Suit against the Dallas lawyer   For perpetrating a scheme to "deprive of honest service"
                  (i.e. lawyer lying in court) violates the anti-racketeering statute ("RICO"). 
                  EASY READING. MAKES "RICO" UNDERSTANDABLE. ("RICO" is really
                   very simple)  See why bad lawyers (and bad judges) hate civil RICO.
                "A Beautiful Mind"   Lawyer's closing argument. Then see "predicate act 7" in suit above..  
                Petition for writ of mandamus  The assigned judge won't show!  Trying to make him show up. 
                The Appeals Court has DENIED! my writ of mandamus.   ( ???,  the judge does not need to show?)       
                INQUIRY LETTER  Is someone custom picking judges?   ASSIGNMENT of Judge Donald Jarvis
                Go to www.firstadmin.com and "Get Court Assignments by the Judge of your choice."
                STATUS:  waiting on  the judge assigned by Dallas to show up  inquiry letter

                Going looking for a lawyer   The Wallace "good old boy" network as seen from Henderson
                County. Pretty good summary of the "beaver dam" scheme in Wallace's [old] court

                Letter to Senate Judiciary Committee  (regarding "white collar crime" in the courts. "Enron-itis"?)
      
Miscellaneous.
Happy Holidays   What if we were through with the old year,  and the new one were not ready to start!!!
COSMOLOGY - "a theory of everything?"        Does there really have to be a reason?
a modest proposal    How commissioners can REALLY save money
Lessons from the fire ants    Why ants always get into electrical control boxes and gum things up
power outage exercises?  A tax on throwing rocks? and other tools to fight terrorism.
No more wild hog stories   Just WILD predictions
Lessons from the wild hogs   The grass roots war
Hog alert!   Hogs can be a problem. So can "beaver dam" schemes. SEE ABOVE.
Institutions matter  Reflections on Liberty and Justice at Home (and looting and lawlessness in Iraq)
In praise of JP courts  "where there are fewer lawyers involved"
Self Evaluation Quiz  "For Democrats and Republicans alike"
Domestic white-collar terrorists  A threat to the economy and the war on terrorism
ALL ABOARD!  Let us make the most of what we got
Journey of the ship of state  On freedom under the law
On Free Speech and Due Process    Lawlessness in the name of the law. There is no 9-1-1 to call!
Happy New Year  Suggestions for OPEN local government
Thanks
Happy Holidays     


County judge race
:
         
Archive of my 2002 run as an independent candidate for county judge

District judge race
Rocks (newspaper ads) I threw into the district judge race:                      
         "Is it fair for lawyers to contribute to judges?"  It is not against the law, but is it right?
        "fashioned innovations" or "lawlessness" in Wallace's  [old] 294th District Court
        "Wallace Receives Bar Award"
                 
        "294th District Judge Wallace Endorsed by Good-Old-Boy Network"


          
         No 9-1-1 to call for crimes committed in the courtroom!              
         Complaints of corruption in Wallace's [old] Court        

                                                                            
ISSUES BEING CONSIDERED:          
      Tort Reform (hot topic in Austin. House Bill 4, "Trial Lawyer Extinction Act")
      Whether Texas district judges should be elected or appointed 
      Whether the Rules of Civil Procedure (rules of court) should be taught in high school
      How to get more people to watch what goes on in our courts (and make better jurors)
      How Texas trial lawyers are among the best in the nation at representing plaintiffs before juries,
               yet ineffective when it comes to defending themselves in the court of public opinion.
              (Answer:  In court they can get by with lying)
 

HOW THIS SITE CAME TO BE - My intent is to have US learn how to improve justice in OUR county, rather than just do LAWYER bashing. There are good lawyers. 
    This site grew out of my old campaign web site when I tried to run as an independent for Van Zandt county judge in 2004 on a platform of OPEN GOVERNMENT.  That run sprang from being politically awakened after finding myself suddenly being run over in the [old crooked Wallace] District Court.
    I have since come to recognize that even good lawyers cannot provide JUSTICE, if WE should fall back on OUR old ways, of IGNORANTLY rubber stamping (electing) a bad lawyer which the bad lawyers want to push on US to be THEIR [CROOKED] JUDGE.

NOTICE:
     Any erroneous reflection upon the character, standing or reputation of any person or firm or
corporation  which may appear on this site will be gladly corrected upon being brought to my attention.
Also, if  I have erred in any facts, or conclusions, or if your facts or conclusions differ from mine,
please let me know.  E-mail:  Brnbm@aol.com , Snail-mail: Udo Birnbaum, 540 VZ County Road 2916,
Eustace, TX 75124, Phone 903/ 479-3929