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