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 )
) AFFIDAVIT OF GROUNDS
v. ) FOR CHANGE OF JUDGE
) AND OF REFUSAL
Neil and Evelyn Nordbrock, ) FOR CAUSE:
Defendants )
) Rule 42(f)(2), Arizona
________________________________) Rules of Civil Procedure
COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona
state and Plaintiff in the above entitled matter (hereinafter
"Plaintiff"), to provide formal Notice to all interested parties,
and to demand mandatory judicial notice by this honorable Court,
pursuant to Rule 201(d) of the Arizona Rules of Evidence, of
this, Plaintiff's AFFIDAVIT OF GROUNDS FOR CHANGE OF JUDGE AND OF
REFUSAL FOR CAUSE, submitted pursuant to Rule 42(f)(2) of the
Arizona Rules of Civil Procedure.
I, Paul Andrew Mitchell, hereby testify as follows:
1. In Courtroom "A" of this honorable Court, Mr. W. U.
Weber ("Mr. Weber") today witnessed gross professional misconduct
by the man alleging to be counsel for Defendants when Mr.
Lawrence E. Condit failed to appear for a Pre-Trial Conference
("PTC") scheduled for 10:30 a.m. on Monday, June 16, 1997.
Affidavit of Grounds for Change of Judge:
Page 1 of 5
2. For this reason, Mr. Weber today became a material
witness in the instant action, in part because Mr. Lawrence E.
Condit has already been implicated in aiding and abetting the
embezzlement of which Plaintiff complains. See AFFIDAVIT OF
DEFAULT AND OF PROBABLE CAUSE IN RE LAWRENCE E. CONDIT,
previously filed in the instant case. See also ARS 12-409(B)(4).
3. Mr. Weber also exhibited clear bias by making a false
statement in the CIVIL MINUTE ENTRY dated 6/6/97, as follows:
"2) The Demand to transfer to Superior Court is denied;
the counterclaim does not speak of an amount in excess of
this court's jurisdiction."
[bold emphasis added]
4. On the contrary, Defendants have filed their RULE 26.1
DISCLOSURE STATEMENT OF DEFENDANTS/COUNTERCLAIMANTS, dated May
12, 1997, in which Defendants made the following statement on
page 4, line 27, of said STATEMENT, to wit:
"The Nordbrocks ... seeks [sic] compensatory and punitive
damages for Mitchell's defamation in the amount of $250,000.
[bold emphasis added]
5. Pursuant to ARS 12-409(B)(5), Plaintiff now has cause
to believe, and does believe, that, on account of Mr. Weber's
bias, as exhibited in the CIVIL MINUTE ENTRY dated 6/6/97 and
quoted above, Plaintiff cannot obtain a fair and impartial trial.
6. Immediately upon receipt of Defendants' DISCLOSURE
STATEMENT, Plaintiff then prepared, filed, and served Plaintiff's
NOTICE AND DEMAND TO TRANSFER CASE TO SUPERIOR COURT OF ARIZONA
STATE, dated May 17, 1997.
7. In said NOTICE AND DEMAND, Plaintiff specifically
directed the attention of this Court to page 4, line 27, of
Defendant's DISCLOSURE STATEMENT, by which Defendants now allege
and seek compensatory and punitive damages for defamation [sic]
in the amount of $250,000. This amount is clearly above the
jurisdictional limit imposed upon this Court by state law.
Affidavit of Grounds for Change of Judge:
Page 2 of 5
8. Plaintiff believes that this honorable Court is
precluded from denying Plaintiff's lawful NOTICE AND DEMAND,
because a demand as such leaves no room for discretion on the
part of this Court, and in part because said DEMAND was made to
enforce Plaintiff's fundamental Right to due process of law.
9. This Court is required by ARS 22-201(F) at once to stop
further proceedings in the instant action and to forward all
papers, together with a certified copy of the docket entries in
the action, to the superior court. The term "shall" as used
there has a imperative, mandatory meaning.
10. Mr. Weber deprived Plaintiff of Plaintiff's fundamental
Right to due process of law by alleging to "deny" [sic]
Plaintiff's lawful DEMAND for mandatory transfer of the instant
case to the superior court, as required by law.
11. Such a deprivation is evidence of bias and prejudice on
the part of Mr. Weber, because due process of law is a
fundamental guarantee of which this Court is precluded from
depriving Plaintiff by the state and federal constitutions, as
lawfully amended. See Fifth Amendment in chief.
12. Mr. Weber knew, or should have known, that this is a
clear and unequivocal duty imposed upon this honorable Court by
ARS 22-201(F). Mr. Weber's failure to obey said statute worked a
serious prejudice upon Plaintiff, resulting in barratry upon
Plaintiff by requiring Plaintiff to make an unnecessary Personal
appearance in this Court at 10:30 a.m. on June 16, 1997.
Affidavit of Grounds for Change of Judge:
Page 3 of 5
13. Plaintiff was required to attend a PTC, when no such
PTC was required or warranted in this Court at that time.
14. Then, the scheduled PTC was not held, despite
Plaintiff's Personal appearance to attend same, further depriving
Plaintiff of due process of law.
15. Mr. Weber exhibited further bias and prejudice by
failing to proceed with the scheduled hearing, with or without
the presence of Mr. Lawrence E. Condit, thereby showing deference
to Mr. Lawrence E. Condit when, in fact, Mr. Lawrence E. Condit
was committing gross and unprofessional misconduct by failing to
appear at all, on his own behalf, or on behalf of anyone else.
16. For all the reasons as stated above, Plaintiff hereby
refuses this Court's CIVIL MINUTE ENTRY dated 6/6/97.
Further Affiant sayeth naught.
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" (federal government), that the above
statements of fact are 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: June 16, 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
Affidavit of Grounds for Change of Judge:
Page 4 of 5
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):
AFFIDAVIT OF GROUNDS FOR CHANGE OF JUDGE
AND OF REFUSAL FOR CAUSE:
Rule 42(f)(2), Arizona Rules of Civil Procedure
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 June 16, 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
Affidavit of Grounds for Change of Judge:
Page 5 of 5
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Mitchell v. Nordbrock