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.