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





                    SUPERIOR COURT OF ARIZONA

                           PIMA COUNTY


People of Arizona state  )  Case Number #320831
ex relatione             )
Paul Andrew Mitchell,    )         VERIFIED PETITION
                         )  FOR PEREMPTORY WRIT OF MANDAMUS:
          Petitioner,    )
                         )  ARS 12-2021;  ARS 22-201(F)
     v.                  )
                         )
Pima County Consolidated )
Justice Court,           )
                         )
          Respondent.    )
_________________________)


The People of Arizona state send greetings:

TO:  Pima County Consolidated Justice Court
     Attention:  Mr. W. U. Weber
     115 N. Church Avenue
     Tucson, Arizona state


                              FACTS

     On March 5, 1997,  Petitioner filed a civil complaint in the

Pima County  Consolidated Justice  Court against  Neil and Evelyn

Nordbrock, husband  and wife, seeking recovery of $3,071 in funds

embezzled from  Petitioner;   $370 in  gold coin  and one (1) JAZ

disk  cartridge  worth  $100,  both  converted  from  Petitioner;

payment of  $1,061 for  breach of  contract;  unspecified damages

for libel  against Plaintiff;   and  all other relief deemed just

and proper, for a total claim of $4,602 even.


       Notice of Petition for Peremptory Writ of Mandamus:
                          Page 1 of 10


     On April 2, 1997, Defendants Neil and Evelyn Nordbrock filed

their  ANSWER AND COUNTERCLAIM,  claiming defamation per se [sic]

and  tortious   interference  with   business  advantage   and/or

contractual relationship  [sic], but  no specific  dollar amounts

were attached to said COUNTERCLAIM.

     On May  12, 1997, Defendants Neil and Evelyn Nordbrock filed

a pleading  which they entitled RULE 26.1 DISCLOSURE STATEMENT OF

DEFENDANTS/COUNTERCLAIMANTS, in  which they  sought "compensatory

and punitive  damages for  Mitchell's defamation in the amount of

$250,000" [sic].  See page 4, line 26, of said pleading.

     Taking note  of said  specific  amount,  on  May  17,  1997,

Petitioner  filed  a  pleading  entitled  NOTICE  AND  DEMAND  TO

TRANSFER CASE  TO SUPERIOR  COURT OF  ARIZONA STATE,  citing  the

authority at ARS 22-201(F).  Said NOTICE AND DEMAND by Petitioner

is attached  hereto and incorporated by reference as if set forth

fully herein.  See Exhibit "A".

     On June  6, 1997,  Justice of the Peace W. U. Weber issued a

CIVIL  MINUTE  ENTRY  which,  inter  alia,  attempted  to  "deny"

Petitioner's DEMAND TO TRANSFER CASE TO SUPERIOR COURT OF ARIZONA

STATE, by means of the following statement:

     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.


     At a  Pre-Trial Conference  ("PTC") scheduled  for June  16,

1997, the man alleging to be counsel for the Defendants failed to

appear, and  Mr. W.  U. Weber  failed  to  conduct  the  PTC,  in

arbitrary and  prejudicial deference to said counsel's failure to

appear.


       Notice of Petition for Peremptory Writ of Mandamus:
                          Page 2 of 10


     On June 16, 1997, Petitioner served His AFFIDAVIT OF GROUNDS

FOR CHANGE  OF JUDGE  AND OF  REFUSAL FOR CAUSE, submitted to the

Pima County  Consolidated Justice Court pursuant to Rule 42(f)(2)

of the  Arizona Rules  of  Civil  Procedure,  testifying  to  the

grounds on  which Petitioner  sought a  change of  judge in  that

court.   Said AFFIDAVIT  is attached  hereto and  incorporated by

reference as if set forth fully herein.  See Exhibit "B".

     Finally, on  June 17, 1997, Petitioner served upon Mr. W. U.

Weber a  formal NOTICE AND DEMAND FOR PRODUCTION OF REQUIRED OATH

OF OFFICE,  with a  deadline for production of same no later than

5:00 p.m.  on Friday,  June 20,  1997.  Said NOTICE AND DEMAND is

attached hereto  and incorporated  by reference  as if  set forth

fully herein.  See Exhibit "C".


                               LAW

     Petitioner submits  that the record below exhibits more than

sufficient evidence  to justify  transfer of the case in question

to this  honorable Court,  pursuant to  the clear and unequivocal

requirement for same at ARS 22-201(F), to wit:

     F.   If in  any action before a justice of the peace a party
     files a  verified pleading  which states as a counterclaim a
     claim in  which the  amount involved,  exclusive of interest
     and costs,  is more  than five thousand dollars, the justice
     shall so  certify in  his docket,  and at  once stop further
     proceedings in  the action, and forward all papers, together
     with a  certified copy  of his docket entries in the action,
     to the  superior court,  where the  action shall be docketed
     and determined  as though originally brought in the superior
     court.   Such party  shall pay  to the clerk of the superior
     court the  same fees required to be paid by a defendant, and
     no other party in the action before the justice of the peace
     shall be required to pay any sum.

                                                 [emphasis added]


     Petitioner hereby alleges that no plain, adequate and speedy

remedy at  law is  otherwise available  to effect transfer of the

case in question to the Superior Court of Arizona.


       Notice of Petition for Peremptory Writ of Mandamus:
                          Page 3 of 10


                      STATEMENT OF DAMAGES

     Respondent owed  a duty to Petitioner.  This duty was and is

the property  of Petitioner,  and this  property  was  unlawfully

withheld by  Respondent.  Petitioner has invoiced Mr. W. U. Weber

for the  time and expenses wasted by traveling to the Pima County

Consolidated Justice  Court for  a hearing which was not held.  A

copy of  said invoice  is attached  hereto  and  incorporated  by

reference as if set forth fully herein.  See Exhibit "D".


                        REMEDY REQUESTED

     Petitioner respectfully  requests  this  honorable  Superior

Court of  Arizona to  order that  a Peremptory  Writ of  Mandamus

issue upon Respondent, compelling Respondent:

     (1)  to certify  in the  official  docket  that  a  verified
          pleading has  been filed  in the  case of  Mitchell  v.
          Nordbrock, Pima  County Consolidated Justice Court case
          number #CV-97-3438,  which states  as a  counterclaim a
          claim  in  which  the  amount  involved,  exclusive  of
          interest and  costs, is more than five thousand dollars
          ($5,000.00);

     (2)  to stop further proceedings in the action at once;  and

     (3)  to forward  all papers,  together with a certified copy
          of  all  docket  entries,  to  the  Superior  Court  of
          Arizona,  where   the  action  shall  be  docketed  and
          determined  as   though  originally   brought  in  said
          Superior Court;

and to award reasonable damages to Petitioner for the unnecessary

delay, wasted professional time, and wasted travel expenses which

Petitioner incurred on June 16, 1997.


       Notice of Petition for Peremptory Writ of Mandamus:
                          Page 4 of 10


                          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 17, 1997


Respectfully submitted,

/s/ Paul Andrew Mitchell

Paul Andrew Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness
(expressly not a citizen of the United States)


All Rights Reserved without Prejudice


       Notice of Petition for Peremptory Writ of Mandamus:
                          Page 5 of 10


                        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 PETITION FOR PEREMPTORY WRIT OF MANDAMUS
            AND NOTICE OF EXEMPTION FROM DOCKET FEE:
                   ARS 12-2021;  ARS 22-201(F)
                              -and-
            PETITION FOR PEREMPTORY WRIT OF MANDAMUS:
                   ARS 12-2021;  ARS 22-201(F)

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

Pima County Consolidated Justice Court
Attention:  Mr. W. U. Weber
115 N. Church Avenue
Tucson, Arizona state


Executed on June 17, 1997:

/s/ Paul Andrew Mitchell
_____________________________________
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state, federal witness
(expressly not a citizen of the United States)

All Rights Reserved without Prejudice


       Notice of Petition for Peremptory Writ of Mandamus:
                          Page 6 of 10


                          Exhibit "A":

               NOTICE AND DEMAND TO TRANSFER CASE
               TO SUPERIOR COURT OF ARIZONA STATE


       Notice of Petition for Peremptory Writ of Mandamus:
                          Page 7 of 10


                          Exhibit "B":

            AFFIDAVIT OF GROUNDS FOR CHANGE OF JUDGE
                    AND OF REFUSAL FOR CAUSE


       Notice of Petition for Peremptory Writ of Mandamus:
                          Page 8 of 10


                           Exhibit "C:

                NOTICE AND DEMAND FOR PRODUCTION
                   OF REQUIRED OATH OF OFFICE


       Notice of Petition for Peremptory Writ of Mandamus:
                          Page 9 of 10


                          Exhibit "D":

                   INVOICE dated June 17, 1997
                       to Mr. W. U. Weber


        Notice of Petition for Peremptory Writ of Mandamus:
                          Page 10 of 10


                             #  #  #
      


Return to Table of Contents for

People v. Justice Court