Page in Making
Eliminate All Local Rules for Federal & State Courts: Consolidate them into Uniform Rules for Federal and State Courts
Distance coined a term recently that is very important:
“Legal Industrial Complex”:
So, for instance, there are the Federal Rules of Civil Procedure…. then here in North Dakota there are the “Local Rules of Civil Procedure”, SO after learning ALL the complex rules of the Federal Rules of Civil Procedure, if one wants justice really really badly, then then have to learn the “local rules”– not based on custom- but based on confusing arbitration AND designing it so that whoever figures it out can then run a business helping to navigate the local courts.
THEN there’s the North Dakota Century Code– the State laws– fair enough– but then there’s the local rules which only apply to the “South Central Judicial District”– rather than a universal set of state rules. So if you go to a different part of the state- the courts have a whole different procedure… they’ve effectively “gerrymandered” the court systems for both ARBITRARY AND CAPRICIOUS purposes.
Then there’s “Tribal Code”– which one would assume is based on custom– but according to the hearsay in the prairie NONE of that is based on traditional law– which is still mostly oral. The tribal code appears to be a reflection of the State Code, & is swayed toward benefitting Tribal Members the same way States appear geared toward benefitting the interests of Citizens.
Then there’s County Codes…. building codes, etc.– & not to mention that according to 1919 Supreme Court ruling “Dodge v. Ford Motor Co.’, “The primary purpose of a Corporation is to make profit for shareholders”, so County Codes appear often geared toward protecting the interests of local businesses AND landholders (according to my research, the actual landowners appear to be the “shareholders” whereas renters are basically customers of the shareholders who thereby work the labor to keep the businesses going).
Then there’s City Ordinances. The term Ordinance is in reference to a type of Roman officer called an Ordinary, who was “Ord”ained by the Roman Catholic Empire to enforce “Ord”er– no jaywalking, illegal parking, skateboarding in dangerous areas, loitering, etc etc etc.
If you violate an ordinance you may end up in a Municipal Court; otherwise you may end up in a County Court if you violate a State law or County code.
If you are violated, you’re going to need to file a Civil Action– & due to the induced complexity thanks to the “Legal Industrial Complex”, you’re going to have to learn the LOCAL RULES OF CIVL PROCEDURE. Not to mention the Federal Rules of Evidence as well.
So, when traveling from one reservation another, there is a different set of “local customs” as well as a whole new tribal code. When traveling from State to State, you will not only pass through a different set of State codes, but also “local rules” for the various both Federal AND State judicial districts.
IN ADDITION- to make things more complex, there is “international law” for when things get so complex there is no justice & the nation is basically lawless & rogue because the legal system based on liberty & justice for all has been “tangled” to the point where many cannot get justice, & others control the system to enforce injustices against the people via having legal hirelings who have navigated the system, use it, & continue to tangle the weave.
IN ADDITION, there’s constantly “bad legal advice” being spewed all over the place by so-called legal experts. Some are legit, but there are others who convince that justice cannot be had in order to prevent people from entering the gates & even trying. The more people they can turn against the system, the fewer to compete in the ring: the “Legal Industrial Complex”.
The point of all this? We need to un-gerrymander the legal system. If you are violated, you shouldn’t have to travel through David Bowie’s Labyrinth or pay a lawyer an exorbitant fee no renter can ever afford just to be able to get a stab at some justice.
I believe in a universal, common-sense law system. Honestly I like the United States Code & the Federal Rules of Procedure, but they still need to become accessible which is what this new book is for. When I go to court, I’m planning to try the LOCAL RULES OF CIVIL PROCEDURE as “Arbitrary and Capricious” which is on-the-books; the entire set of rules is delaying & preventing justice & we need to just have to use the basic federal rules.
How to make our Republic function as initially designed:
The construct of a Republican form of government means in part that there must be a publicly-accessible “fixed body of laws” to which no “king or pauper” is immune from. In a civil society, officers should be well trained in law so that persons are not damaged by officers. The responsibility to train officers is incumbent upon the state (the state has the duty to ensure all officers are properly trained to uphold the laws that exist on the books).
Today, there are not only Federal Rules of Procedure, including the Federal Rules of Civil Procedure, Federal Rules of Evidence, and Federal Rules of Criminal Procedure, but there are ALSO, for some reason, LOCAL RULES OF PROCEDURE for federal courts as well as state, county, municipal, & tribal courts. There are also, at times, “judicial districts”. For instance, in the State of North Dakota, there is the South Central Judicial District as well as the Northwest Judicial District. Each of these districts has its own rules which do not apply to the federal district courts, but only to the counties.
As an individual with quite a bit of legal study under my belt, I realize I’m in an exceedingly-privileged position as a human to be able to comprehend language to the depth that I can even explain this, but a Republic, in its true intent, should not limit justice to those who have the highest I.Q. or to those who can afford an attorney. If I wanted to take a federal case against a local County officer who damaged me “under color of law” as they call it, I would need to file an affidavit, and, after learning all 86 of the Federal Rules of Civil Procedure, 60+ Rules of Evidence, and ~60 Rules of Criminal Procedure, I would then need to learn an equal number of LOCAL RULES OF PROCEDURE in order to file the paperwork in a manner that is considered acceptable to the courts.
THAT is unacceptable. I propose we abolish all local court rules after first enabling local jurisdictions to propose amendments to the national & state rules so that those rules can be upgraded with the “best of” each district, because as it stands the American people have been tied into a contractual knot to which future generations will be enslaved if we do not entangle it. Does anyone else have any thoughts on this?
“The sacred rights of mankind are not to be rummaged for among old parchments or musty records. They are written, as with a sunbeam, in the whole volume of human nature, by the hand of the divinity itself; and can never be erased.”
– Alexander Hamilton, “The Farmer Refuted”
Please Sign & Share: