Dixianne Hawks
13803 N. Granada Dr.
Magalia, Calif. 95954
Tel: (916) 877-6436
Appellant in Her Proper Person
John E. Wolfgram
4826 South Studebaker Road
Placerville, California 95667
IN THE SUPREME COURT OF THE UNITED STATES
In re: DIXIANNE HAWKS, No. _______________________
Plaintiff-Appellant-Petitioner
9th Circuit Court of Appeals:
v. Appeal Case No. 95-16714
Civil Case No. 93-82-WBS
(Eastern District of Calif.)
COUNTY OF BUTTE, DISTRICT JUDGE
GARCIA, CIRCUIT JUDGES SCHROEDER,
CANBY, AND WIGGINS, DECLARATION OF
JOHN E. WOLFGRAM
Defendants-Appellees IN SUPPORT OF PETITION
_______________________________/ FOR A WRIT OF MANDAMUS
NINTH CIRCUIT COURT OF APPEALS,
Respondent
_______________________________/
DECLARATION OF JOHN E. WOLFGRAM IN SUPPORT OF PETITION
At El Dorado County, California, I declare that I am an
honorably discharged Viet Nam Veteran Recon Marine. I am 51 years
old and have never been convicted of a crime above an infraction;
nor ever found liable for any breach of duty to anyone. I am a
graduate of the University of Wisconsin and of Southwestern
University School of Law. The philosophy of law is an avocation
that has become my vocation. I am an American with a Disability
within the meaning of the Americans with Disabilities Act.
Declaration of John E. Wolfgram:
Page 1 of 3
In l991 I was retained by Friends of Dixianne Hawks to
assist in Her defense of false charges in Butte County which I
believed then, and know now, violated Her First Amendment Rights.
While assisting Her, I learned from Her constitutional philosophy
answers to questions I had asked of Constitutional Law, but
couldn't answer. I was impressed enough with the merits of the
issues She raised that I have continued over five years to assist
Her in Her petition for redress, pro bono. I do not myself have
the financial ability to pay Her litigation costs.
REGARDING PLAINTIFF'S IFP STATUS
Over these five years I have, in my professional capacity,
come to know Her quite well. I know of Her economic
circumstances; that She is disabled and that Her source of
income is Social Security. On several occasions I asked Her to
contribute to routine administrative costs. Invariably She told
me that She couldn't and I believed Her enough that I paid the
costs out of my own pocket. I have been to Her house. It is one
She built herself, with the help of friends. Several years ago
it suffered severe fire damage and has not been completely
restored. Over the years I know that She had one car, about a
l977 Datsun, all beat up, inside and out. That was Her only
transportation. She no longer has it.
Declaration of John E. Wolfgram:
Page 2 of 3
REGARDING THE MERITS OF HER APPEAL
Perhaps the best statement that I can make is to declare
that over the past five years I have spent over 1,000
uncompensated hours studying, examining, evaluating and drafting
the issues relevant to Her case(s). The only deficiency of Her
issues is that they are on the cutting edge of the law ... where,
in my opinion, it must go. I am absolutely sure that the
"radical" ideas about the Petition Clause, addressed herein, and
in the Opening Brief to the Court of Appeals, are in fact the Law
of the Land; albeit, the idea will take some getting used to.
REGARDING HER SIGNATURE HEREIN
Ms. Hawks lives about 100 miles from me. She and I are in
touch by electronic mail through a mutual friend. Thus, She
reviewed the work on the brief and on this Petition, while it was
in progress. All signatures of hers in this petition are hers
except the signature to the motion to proceed IFP. (The signature
on the IFP declaration is hers.) Because of the distance, (mail
takes up to a week) I signed her name with her consent. I am
personally familiar with the facts.
REGARDING THE STATEMENT OF FACTS
By reason of my long association with this case, I am
familiar with the facts and proceedings in this action. The
statement of facts in the motion to proceed IFP and in the
Petition for Writ of Mandamus, are true of my own knowledge.
I declare the foregoing true under penalty of perjury.
Dated: January 11, l996 ______________________________
John E. Wolfgram
Declaration of John E. Wolfgram:
Page 3 of 3
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Hawks v. County of Butte et al.