Chief Judge Steven J. McAuliffe declared an "emergency" because all of the judges in the District of New Hampshire had recused themselves from this case (inspite of Judge Joseph DiClerico Jr. not being recused). He issued an order referring the case to the District of Maine. George Z. Singal, Chief Judge for the District of Maine, concurred with the order. Magistrate Judge David Cohen has been assigned to the case.
Federal District Court, Concurring Order Referring Case to the District of Maine
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A Magistrate" judge is an employee of the bankrupt municipal corporation we know as the Federal Government. They have a limited term of office and are NOT Article III Judges who have life tenure and do NOT pay any Taxes or other diminishment of their compensation as such is prohibited by Article III. Only Article III judges have been delegated by congress to have jurisdiction over criminal cases. Please see. 18 USC 3231, where original jurisdiction for all crimes against the United States, is delegated to "district courts of the United States" and NOT to "United States District courts". See Mookini v. U.S. 303 U.S. 201 for definition of Article III courts. The Administrative Tribunals have only "civil jurisdiction". If anyone can show me where congress has delegated criminal jurisdiction to a USDC, I'll buy you a steak dinner. The Maine Jurisdcition must be challenged by affidavit and such MUST be on the record before any proceedings take place. Get to it now!
ReplyDelete"CONSENT TO TRIAL"
ReplyDeletefrom Maine court web page
The magistrate judges are appointed by the district judges to assist in the handling of cases. Both magistrate judges can perform the full range of duties permitted by law, including holding jury and non-jury trials. Litigants are also encouraged to consent to trial before the magistrate judges. A consent to trial before a magistrate judge will ordinarily mean that the case will be assigned for trial on a specific date, which can be an attractive alternative to having the case otherwise placed on a long list of cases for a district judge.
Danny Heads up
ReplyDeletecriminal cases are assigned to Magistrate Judges on the consent of the parties, except for the trial of felony cases. "
A United States Magistrate Judge is a federal trial judge appointed to serve in a United States district court for a term of eight years. He or she is appointed by the life-tenured federal judges of a district court, District Judges, who supervise the activities of the Magistrate Judges by assigning civil cases for jury or non-jury trial upon consent of the parties and for pre-trial matters. Similarly criminal cases are assigned to Magistrate Judges on the consent of the parties, except for the trial of felony cases.
The current Magistrate Judge system was begun by Congress in 1968 expanding on the 175 year old United States commissioner system. The Magistrate Judges are appointed based upon the recommendations of a citizen's merit screening committee. In 2002, in addition to the 486 full-time Magistrate Judge positions authorized there were 51 part-time judges and 3 combination Clerk of Court/Magistrate Judges who serve four year terms.
It is the policy of the Judicial Conference of the United States to oppose restrictions on the utilization of Magistrate Judges by the district courts, Long Range Plan for the Federal Courts. This flexibility enables the courts to manage increasing caseloads with limited resources.
For the 12 month period ending September 30, 2002, magistrate judges performed 880,129 judicial duties, a 0.7 percent increase over the previous 12 month period. Among these were 298.109 civil pretrial duties, including 191,984 motions, 24,420 settlement conferences, and 55,371 other pretrial conferences.
MAGISTRATE JUDGES - Judicial officers who assist U.S. district judges in getting cases ready for trial, who may decide some criminal and civil trials when both parties agree to have the case heard by a magistrate judge instead of a judge.
ReplyDeleteCongress created the judicial office of federal magistrate in 1968. In 1990, the position title was changed to magistrate judge. The judges of each district appoint one or more magistrate judges, who discharge many of the ancillary duties of district judges so that the judges can handle more trials. There are both full-time and part-time magistrate judge positions, and these positions are assigned to the district courts according to caseload criteria (subject to funding by Congress). A full-time magistrate judge serves a term of eight years; a part-time magistrate judge's term of office is four years.
Form 33. Notice of Availability of a Magistrate Judge to Exercise JurisdictionForm 33.
ReplyDeleteIn accordance with the provisions of Title 28, U.S.C. § 636(c), you are hereby notified that a United States magistrate judge of this district court is available to exercise the court’s jurisdiction and to conduct any or all proceedings in this case including a jury or nonjury trial, and entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court’s jurisdiction from being exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned. An appeal from a judgment entered by a magistrate judge may be taken directly to the United States court of appeals for this judicial circuit in the same manner as an appeal from any other judgment of a district court. Copies of the Form for the “Consent to Jurisdiction by a United States Magistrate Judge” are available from the clerk of the court.
Bill
ReplyDeleteHave they or do they plan to reduce the charges to misdemeanors?
The judges order refers to 28 USC 636 (f) and 28 USC 636 (a)-(c) when you go to theses sections they refer you to 18 USC 3401 and that section only allows for trials of misdemeanors.
18 USC 3401
(a) When specially designated to exercise such jurisdiction by the district court or courts he serves, any United States magistrate judge shall have jurisdiction to try persons accused of, and sentence persons convicted of, misdemeanors committed within that judicial district.
Where, in Title 28 does congress delegate criminal jurisdiction to the administrative tribunal we know as any United States District Court?
ReplyDeleteI can find ONLY "civil jurisdiction" delegated.
As expressed in the first post in this string, 18 USC 3231 is the ONLY reference in the U.S. Code that delegates criminal jurisdiction and that is to an Article III constitutional court. All efforts to coerce a defendant to "contract" with the commercial tribunal, ie: USDC, by "consent to trial", is the means of depriving the defendant of the due process of an Article III constitutional court and subjecting him/her to the rules and regulations of the "contract" that he/she has entered into with the corporate government, represented by the magistrate to whon the magistrate owes his/her allegiance! Not the constitution.
In 1990 congress added the word "judge" to the definition of Magistrate to further confuse the people into thinking magistrates are judges, when in fact they are NOT! Semantic subterfuge and what many believe is sedition by syntax seems to be the order of the day for the bankrupt municipal corporation, and its employees now running the show.
Do not contract with this corporation. Demand an Article III constitutional judge and pay NO FEES! If you pay a fee, you will have provided the "consideration" for the "contract"! The constitution does NOT appear to provide for any fees for justice.