COMPLAINT FORM JUDICIAL COUNCIL OF THE NINTH CIRCUIT COMPLAINT OF JUDICIAL MISCONDUCT AND DISABILITY MAIL THIS FORM TO THE CLERK, UNITED STATES COURT OF APPEALS, P.O. BOX 193939, SAN FRANCISCO, CALIFORNIA 94119-3939/tdc. MARK THE ENVELOPE "JUDICIAL MISCONDUCT COMPLAINT" OR "JUDICIAL DISABILITY COMPLAINT". DO NOT PUT THE NAME OF THE JUDGE OR MAGISTRATE ON THE ENVELOPE. SEE RULE 2(e) FOR THE NUMBER OF COPIES REQUIRED FOR FILING. 1. Complainant's name: Paul Andrew, Mitchell Address: c/o 2509 North Campbell Avenue, #1776 Tucson [zip code exempt] ARIZONA REPUBLIC Daytime telephone: [redacted] (leave message on voice mail) 2. Judge or magistrate complained about: Name: William D. Browning United States District Judge Court: United States District Court Tucson, Arizona state 3. Does this complaint concern the behavior of the judge or magistrate in a particular lawsuit or lawsuits? ( X ) Yes ( ) No If "yes" give the following information about each lawsuit (use the reverse side if there is more than one): Court: United States District Court Docket Number: 95-484-TUC Are (were) you a party or lawyer in the lawsuit? ( ) Party ( X ) Counsel ( ) Neither If party, give the name, address, and telephone number of your Counsel: n/a Judicial Complaint Against William D. Browning: Page 1 of 6 Docket numbers of any appeals to the Ninth Circuit: Notice of appeal was filed before trial, but Mr. Browning refused to stay the trial, and ruled that Notice of Appeal could not be processed until after sentencing. Defendant Sheila Wallen objected timely. 4. Have you filed any lawsuits against the judge or magistrate? ( ) Yes ( X ) No (Client has, however.) If yes, give the following information about each lawsuit (use the reverse side if there is more than one): Court: District Court of the United States Judicial District of Arizona Present status of suit: My client, Sheila Terese Wallen, served Formal Notice and Demand upon Judge Alex Kozinski of the Ninth Circuit Court of Appeals, to prepare and present to the Chief Justice of the United States a certificate of necessity that the Chief Justice designate and assign temporarily a competent and qualified judge from the Court of International Trade to perform judicial duties in the District Court of the United States, pursuant to authorities in 28 U.S.C. 293, 296, 297, 461(b), and Evans v. Gore, 253 U.S. 245 (1920). Her action cannot proceed without a competent and qualified judge to sit on the District Court of the United States. Name, address, and telephone number of your Counsel: n/a Court to which any appeal has been taken: (see above) Docket number of appeal: none Present status of appeal: none 5. On separate sheets of paper, no larger than the paper this form is printed on, describe the conduct or the evidence of disability that is the subject of this complaint. See rule 2(b) and 2(d). Do not use more than 5 pages (5 sides). Most complaints do not require that much. see attached Judicial Complaint Against William D. Browning: Page 2 of 6 6. You should either: (1) check the first box below and sign this form in the presence of a notary public; or (2) check the second box and sign the form. You do not need a notary public if you check the second box. ( ) I swear (affirm) that -- (X) I declare under penalty of perjury -- I have read rules 1 and 2 of the Rules of the Judicial Council of the Ninth Circuit Governing Complaints of Judicial Misconduct or Disability, and the statement made in this complaint are true and correct to the best of my knowledge. /s/ Paul Andrew Mitchell ________________________________________________ Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, and Counselor at Law All Rights Reserved Without Prejudice Executed on: September 16, 1996 copies: Judge Alex Kozinski, Ninth Circuit U.S. Marshals, Tucson, Arizona Federal Bureau of Investigation, Tucson, Arizona Attorney General, State of Arizona Governor Fife Symington, State of Arizona Sheila Terese Wallen, Arivaca, Arizona state Judicial Complaint Against William D. Browning: Page 3 of 6 Attachment to Complaint of Judicial Misconduct 1. Mr. Browning agreed -- before trial, on record, and before a gallery of witnesses -- to guarantee all of Sheila Wallen's fundamental Rights during said trial. He then refused to allow Her to enjoy the assistance of Her Counsel of Choice, by ordering Mr. Paul Andrew Mitchell to the back seat of the gallery, where Mr. Mitchell was forced to stay during the entire course of the trial and was prevented by U.S. Marshals from communicating with Miss Wallen. Mr. Mitchell was allowed to speak with Miss Wallen only during recess periods. Mr. Browning had been previously briefed, in detail, as to the holding of the U.S. Supreme Court in Johnson v. Zerbst, 304 U.S. 458, 468 (1938), which held that a criminal defendant is entitled to the assistance of Counsel at every step in the proceedings, and if the trial court fails to ensure that this assistance is available at every step in the proceedings, then the trial court ousts itself of jurisdiction. Mr. Browning did not care about this Supreme Court precedent; Mr. Browning does not believe that U.S. Supreme Court decisions have any legal significance. Denial of effective assistance of Counsel is a criminal deprivation of a fundamental Right under color of law, in violation of 18 U.S.C. 242, and perjury of oath, in violation of 18 U.S.C. 1621. In My opinion, this matter is serious enough to be brought to the attention of a qualified federal grand jury, one whose members are chosen randomly from a pool that includes State Citizens too, not just federal citizens. 2. When presented with an Affidavit of Circumstances Surrounding the Arrest of Sheila Wallen, and also with a comprehensive Motion to Stay Proceedings pending final resolution of Sheila Wallen's challenge to the constitutionality of the Jury Selection and Service Act, complete with a very detailed Sworn Statement of facts supporting said Motion, Mr. Browning received these pleadings at approximately 3:00 p.m. on Wednesday afternoon, July 17, 1996; Mr. Browning then ruled on these pleadings, wrote his Order on the same day, placed his Order in U.S. Mail, and it was delivered to Sheila Wallen's post office 70 miles away in Arivaca, Arizona, by 11:00 a.m. the following morning, Thursday, July 18, 1996. It was impossible for Mr. Browning to have read all of these pleadings in such an extremely short period of time. Furthermore, Mr. Browning's Order ruled that Wallen's Affidavit was hearsay, and that there was nothing in the Stay Motion and accompanying Sworn Statement of any legal significance, despite the fact that the latter pleadings contained numerous authorities and rulings by the United States Supreme Court. For example, see U.S. v. Mason, 412 U.S. 391, 399-400 (1973), to wit: nobody should be punished unnecessarily for relying upon the decisions of the U.S. Supreme Court. Refusing to file a proper and correctly executed Affidavit violates Federal Rules of Evidence, Rule 201(d), Mandatory Judicial Notice, and constitutes obstruction of justice in violation of 18 U.S.C. 1506. Miss Wallen's Affidavit contained proof that the alleged officers of the United States proceeded criminally to trespass upon Wallen's private property without a valid warrant to search and seize said property, and to arrest Her without a valid warrant for Her arrest. This Affidavit also contained material evidence which proves the lack of jurisdiction of the United States District Court over which Mr. Browning presided, since a warrant was absolutely necessary to execute the search, seizure & arrest in the first instance; without said warrants, Browning's court was denied jurisdiction over the subject matter. See Rule C of the Supplemental Rules for Certain Admiralty and Maritime Claims. This Affidavit also contains evidence of threats, duress, extortion, and coercion by said alleged agents of the United States, all in violation of 18 U.S.C. 872 (extortion), making Mr. Browning an accessory to all of these crimes after the fact, in violation 18 U.S.C. 3. This matter should be brought before a competent and qualified federal grand jury. Judicial Complaint Against William D. Browning: Page 4 of 6 3. As of 5:00 p.m. on Friday, August 30, 1996, Mr. Browning had failed to answer Wallen's Final Notice and Demand for Proof of Power, Standing, and Jurisdiction in the Particulars. His failure to do so is competent evidence that neither he, nor the court over which he was presiding, had any criminal jurisdiction whatsoever to proceed over the case before him. Specifically, Miss Wallen demanded: (1) proof that the alleged U.S. Attorneys who were prosecuting Her had powers of attorney to represent the Plaintiff "UNITED STATES OF AMERICA"; (2) proof of the statutory, regulatory, and constitutional authority which grants legal standing to the "UNITED STATES OF AMERICA" to bring a criminal action before a "UNITED STATES DISTRICT COURT"; and (3) proof of the statutory, regulatory, and constitutional authority which grants jurisdiction to a "UNITED STATES DISTRICT COURT" as opposed to a "DISTRICT COURT OF THE UNITED STATES" to hear a criminal case against a Union State Citizen when the alleged crime was committed inside the state zone and outside the federal zone. It is a principle of law that, once challenged, the one asserting jurisdiction must prove that jurisdiction exists as a matter of law. The proponent of a rule carries the burden of proving its application in the instant case. See 5 U.S.C. 556(d). For judicial support of this principle, see in particular the following cases: Hagans v. Lavine, 415 U.S. 533; Griffin v. Matthews, 310 F.Supp. 341, 423 F.2d 272; McNutt v. G.M., 56 S.Ct. 789, 80 L.Ed 1135; Basso v. U.P.L., 495 F.2d 906; Thomson v. Gaskiel, 62 S.Ct. 673, 83 L.Ed 111; Albrecht v. U.S., 273 U.S. 1; Louisville R.R. v. Motley, 211 U.S. 149, 29 S.Ct. 42. Proceeding without jurisdiction, particularly after a formal notice and demand for proof of jurisdiction have been completely ignored, is a criminal denial of due process of law, in violation of the Fifth Amendment, and 18 U.S.C. 242. This matter should be brought before a competent and qualified federal grand jury. Judicial Complaint Against William D. Browning: Page 5 of 6 4. Mr. Browning also "DENIED" two pleadings by Miss Wallen filed in the form of a Notice and Demand for Mandatory Judicial Notice, pursuant to Rule 201(d) of the Federal Rules of Evidence. A federal judge has absolutely no discretion in the matter of mandatory judicial notice. The rule itself is very clear on this point: "when MANDATORY." Refusing to file material evidence, and proper and correctly executed demands for mandatory judicial notice of said evidence, violates Federal Rules of Evidence, Rule 201(d), Mandatory Judicial Notice, and constitutes obstruction of justice in violation of 18 U.S.C. 1506. Miss Wallen was forced to refuse Mr. Browning's DENIAL Order for fraud. The proper method for excluding said evidence is for the opposing party to move the court to strike the evidence; this was not done by the opposing party, or by any of their officers, agents, or employees. Claiming to have "DENIED" Miss Wallen's Notices and Demands for Mandatory Judicial Notice, absent a proper Motion to Strike by the opposing party, is proof that Mr. Browning engaged in the practice of law, a high misdemeanor in violation of 28 U.S.C. 454. This matter should be brought before a competent and qualified federal grand jury. 5. Criminal conduct by a United States District Judge, while presiding over any case, whether it be civil or criminal, is conduct which is prejudicial to the effective and expeditious administration of the business of the federal courts. "No higher duty rests upon this court than to exert its full authority to prevent all violation of the principles of the Constitution." Harlan dissenting in Downes v. Bidwell, 182 U.S. 244 (1901), emphasis added. A competent and qualified federal grand jury should be given the opportunity to investigate probable criminal conduct by William D. Browning in this case, and in others of which I am aware. Judicial Complaint Against William D. Browning: Page 6 of 6 # # #
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Judicial Complaint against William D. Browning