Paul Andrew Mitchell, Sui Juris Citizen of Arizona state c/o General Delivery at: 2509 North Campbell Avenue Tucson, Arizona state In Propria Persona All Rights Reserved Without Prejudice PIMA COUNTY CONSOLIDATED JUSTICE COURT Paul Andrew Mitchell, ) Case Number #CV-97-3438 Plaintiff ) ) NOTICE OF MOTION AND MOTION v. ) FOR BILL OF PARTICULARS: ) First Amendment, Neil and Evelyn Nordbrock, ) Petition Clause; Defendants ) Seventh Amendment, ________________________________) Jury Trial of Right COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona state, expressly not a citizen of the United States ("federal citizen") and Plaintiff in the above entitled matter (hereinafter "Plaintiff"), respectfully to request a written Bill of Particulars from this honorable Court, pursuant to the Petition Clause in the First Amendment to the Constitution for the United States of America, as lawfully amended, with respect to this Court's ORDER dated April 24, 1997. See CIVIL MINUTE ENTRY mailed to parties on April 25, 1997, and received under protest by Plaintiff on April 30, 1997, a true and correct copy of which is attached hereto and incorporated by reference, as if set forth fully herein. Plaintiff specifically objects to the following statement in said ORDER dated April 24, 1997, to wit: The plaintiff shall not file any further motion (including attachments) in excess of 6 pages. [emphasis added] Notice of Motion and Motion for Bill of Particulars: Page 1 of 6 The Right to Petition the Courts Is a First Amendment Right In stressing the importance of the Petition Clause, the Supreme Court of the United States recognized its central role to all civilization, saying in Chambers v. Baltimore & Ohio R.R., 207 U.S. 142, 148 (1907): The Right to sue and defend in the courts is the alternative of force. In an organized society, it is the right conservative of all other rights and lies at the foundation of orderly government. [emphasis added] As an "exceptional circumstance," the Right to petition in courts is a fundamental Right guaranteed by the First Amendment. See California Transport v. Trucking Unlimited, 404 U.S. 508, 510 (1972). In addition to the Bill of Rights, the United States (federal government) and the several states of the Union are now bound by treaty commitments to the world in order to expand the effectiveness of judicial remedies for violations of fundamental rights, notwithstanding that the violation is committed by persons acting in an official capacity. See International Covenant on Civil and Political Rights and Universal Declaration of Human Rights enacted with explicit Reservations by Congress. The California Supreme Court, based on an exhaustive analysis of pertinent U.S. Supreme Court holdings, found that: The authorities make it clear that the right of petition protects attempts to obtain redress through the institution of judicial proceedings as well as through importuning executive officials and the Legislature. It is equally apparent that the right encompasses the act of filing a lawsuit solely to obtain monetary compensation for individualized wrongs, as well as filing suit to draw attention to issues of broader public interest or political significance. As the Supreme Court declared in Mine Workers v. Illinois Bar Assn., supra, 318 U.S. 217, 223, "The First Amendment does not protect speech and assembly only to the extent it can be characterized as political." (See also Thomas v. Collins, supra, 323 U.S. 516, 531.) Hence, the act of filing suit against a governmental entity represents an exercise of the right of petition and thus invokes constitutional protection." City of Long Beach v. Bozek, 31 Cal.3d 527, at 533-534 (1982). [emphasis added] Notice of Motion and Motion for Bill of Particulars: Page 2 of 6 That court went on to address the issue at page 535: The right of petition is of parallel importance to the right of free speech and the other overlapping, cognate rights contained in the First Amendment and in equivalent provisions of the California Constitution. Although it has seldom been independently analyzed, it does contain an inherent meaning and scope distinct from the right of free speech. It is essential to protect the ability of those who perceive themselves to be aggrieved by the activities of governmental authorities to seek redress through all the channels of government. ... City of Long Beach v. Bozek, 31 Cal.3d 527, at 535. [emphasis added] In U.S. v. Hylton, at 710 F.2d 1111, the Fifth Circuit held that the fundamental Right guaranteed by the Petition Clause enjoys a preferred place in our system of government, and also a sanctity and sanction not permitting dubious intrusions: As the U.S. Supreme Court has held, the right to petition for redress of grievances is "among the most precious of the liberties safeguarded in the bill of rights" [cites omitted]. Inseparable from the guaranteed rights entrenched in the First Amendment, the right to petition for redress of grievances occupies a "preferred place" in our system of representative government and enjoys a "sanctity and a sanction not permitting dubious intrusions." Thomas v. Collins, 323 U.S. 516, 65 S.Ct. 315, 322. Indeed, "It was not by accident or coincidence that the rights to freedom in speech and press were coupled in a single guarantee with the rights of the people peaceably to assemble and to petition for redress of grievances." Id. at 323. [emphasis added] It seems to reason that, if the filing of pleadings is protected, then surely the object of the protected Right -- of obtaining a due process guaranteed fair hearing of Plaintiff's grievances and redress thereon -- is the very essence of the Petition Clause. Accordingly, Plaintiff argues that restricting Plaintiff's future motions and attachments to six (6) pages or less constitutes a clear deprivation of Plaintiff's fundamental Right to petition government for redress of grievances, in violation of the Petition Clause in the First Amendment. Notice of Motion and Motion for Bill of Particulars: Page 3 of 6 Moreover, by having explicitly reserved all Rights without prejudice, Plaintiff has reserved His fundamental Right, pursuant to the due process clause of the Fifth Amendment, to remove this case into a superior court, if and when the jurisdictional maxima of this Court should be exceeded. Restricting the filing of additional motions to six (6) pages or less, would have the prejudicial effect of excluding evidence which a competent and qualified jury would need to consider, in order to decide such matters as motive, relevance, and materiality. These decisions are the prerogative of a lawfully convened trial jury. See U.S. v. Gaudin, 132 L.Ed.2d 444 (1995), in which the U.S. Supreme Court ruled that a jury has always retained its fundamental power to make decisions concerning the materiality and/or relevance of evidence, pursuant to the Seventh and Tenth Amendments. Finally, Plaintiff objects to the prejudice that results from an ORDER which restricts Plaintiff's future motions (including attachments) without also imposing the same restriction on future motion(s) of Defendants. REMEDY REQUESTED Wherefore, all premises have been duly considered, Plaintiff respectfully requests that this Court prepare and file in the instant case and also serve on all interested party(s), a written of Bill of Particulars explaining by what specific authority(s) this Court might be authorized to restrict Plaintiff to filing any further motion (including attachments) in excess of six (6) pages, without violating Plaintiff's First and Seventh Amendment Rights, and without working an unlawful prejudice upon Plaintiff. Notice of Motion and Motion for Bill of Particulars: Page 4 of 6 VERIFICATION I, Paul Andrew Mitchell, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the "United States", that the above statement of fact and law is true and correct, to the best of My current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause. Dated: April 30, 1997 Respectfully submitted, /s/ Paul Andrew Mitchell _____________________________________ Paul Andrew Mitchell, Sui Juris Citizen of Arizona state (expressly not a citizen of the United States) All Rights Reserved without Prejudice Notice of Motion and Motion for Bill of Particulars: Page 5 of 6 PROOF OF SERVICE I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the "United States," that I am at least 18 years of age, a Citizen of one of the United States of America, and that I personally served the following document(s): NOTICE OF MOTION AND MOTION FOR BILL OF PARTICULARS: First Amendment, Petition Clause; Seventh Amendment, Jury Trial of Right by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following: Neil and Evelyn Nordbrock c/o 6642 E. Calle de San Alberto Tucson, Arizona state Lawrence E. Condit c/o 376 South Stone Avenue Tucson, Arizona state Dr. and Mrs. Eugene A. Burns c/o 4500 E. Speedway, #27 Tucson, Arizona state Executed on April 30, 1997 /s/ Paul Andrew Mitchell _____________________________________ Paul Andrew Mitchell, Sui Juris Citizen of Arizona state (expressly not a citizen of the United States) All Rights Reserved without Prejudice Notice of Motion and Motion for Bill of Particulars: Page 6 of 6 # # #
Return to Table of Contents for
Mitchell v. Nordbrock