Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state
c/o general delivery at:
2509 North Campbell Ave., #1776
Tucson [zip code exempt]
ARIZONA STATE
 
In Propria Persona
 
All Rights Reserved
without prejudice
 
 
 
 
 JUDICIAL COUNCIL
 
 FOR THE NINTH CIRCUIT
 
 
In re Charge of ) No. 96-80380
 )
Judicial Misconduct ) NOTICE AND DEMAND
 ) TO APPEAR BEFORE A
  ) COMPETENT AND QUALIFIED
 ) FEDERAL GRAND JURY;
 ) VERIFIED CRIMINAL COMPLAINT;
 ) NOTICE OF REFUSAL FOR CAUSE
 )
 ) 18 U.S.C. 4, 1504, 1512, 1513;
________________________________) Petition & Due Process Clauses
 
 
COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona
 
state, federal witness (hereinafter "Complainant"),  and Vice
 
President for Legal Affairs of New Life Health Center Company, an
 
Unincorporated Business Trust domiciled in the Arizona Republic
 
(hereinafter the "Trust"), formally to demand an opportunity to
 
appear before a competent and qualified  federal grand jury,
 
pursuant to the second paragraph of 18 U.S.C. 1504; to bring and
 
file a verified CRIMINAL COMPLAINT in the matter of the judicial
 
misconduct which is the subject of the instant case; to refuse
 
the ORDER AND MEMORANDUM for fraud by Mr. Procter Hug, as filed
 
in the instant case on August 14, 1997, which ORDER allegedly
 
dismissed the instant Complaint of Judicial Misconduct; and to
 
provide formal Notice of the above to all interested party(s).
 
 
Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
 Page 1 of 9

 DEMAND TO APPEAR BEFORE A
 COMPETENT AND QUALIFIED FEDERAL GRAND JURY
 
 Complainant hereby demands an opportunity to appear before a
 
competent and qualified federal grand jury, lawfully convened
 
under auspices of the United States Court of Appeals for the
 
Ninth Circuit, to provide sworn testimony concerning the events,
 
alleged misconduct, and voluminous supporting documentation which
 
have given rise to the instant Complaint. Complainant demands
 
that said opportunity be created, and that said appearance occur,
 
no later than November 30, 1997. The instant DEMAND is made
 
pursuant to the second paragraph in 18 U.S.C. 1504, to wit:
 
 Nothing in this section shall be construed to prohibit the
 communication of a request to appear before the grand jury.
 
 [bold emphasis added]
 
 
 Complainant constructs said paragraph to mean that employees
 
of all branches of the United States (federal government) are
 
barred from obstructing such a request, delaying such a request,
 
or otherwise preventing a request to appear before the federal
 
grand jury from reaching the foreperson of the federal grand jury
 
via first class, certified, and/or registered United States Mail.
 
 Complainant offers to prove that there are no statutes
 
codified anywhere in the United States Code, or otherwise enacted
 
by the Congress, which authorize federal judges, United States
 
Attorneys, and/or clerks of the federal district courts, to
 
delay, obstruct, or otherwise prevent the delivery of
 
correspondence transmitted via United States Mail to the
 
foreperson of a lawfully convened grand jury, particularly when
 
said correspondence contains a lawful, and proper, request to
 
appear before same and is transmitted with return receipt and
 
restricted delivery services requested and purchased.
 
 
Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
 Page 2 of 9

 VERIFIED CRIMINAL COMPLAINT
 
 Complainant hereby formally charges the following named
 
individuals, both jointly and severally, with the corresponding
 
crimes enumerated infra:
 
 
Mr. John M. Roll with:
 
(1) obstructing correspondence transmitted via first class,
 certified, and registered United States Mail, under color of
 law (25 counts), in violation of 18 U.S.C. 1702;
 
(2) tampering with a federal grand jury (25 counts), in
 violation of 18 U.S.C. 1512;
 
(3) obstruction of criminal investigations (25 counts), in
 violation of 18 U.S.C. 1510;
 
(4) deprivation of fundamental Rights under color of law,
 specifically the Right to Petition a federal grand jury for
 a formal investigation (25 counts), in violation of 18
 U.S.C. 242;
 
(5) conspiracy to commit all of the above (25 counts), in
 violation of 18 U.S.C. 241 and 371;
 
(6) perjury before a judicial proceeding in the United States
 District Court (2 counts), in violation of 18 U.S.C. 1623.
 
Mr. Robert L. Miskell with:
 
(1) obstructing correspondence transmitted via first class,
 certified, and registered United States Mail, under color of
 law (25 counts), in violation of 18 U.S.C. 1702;
 
(2) tampering with a federal grand jury (25 counts), in
 violation of 18 U.S.C. 1512;
 
(3) obstruction of criminal investigations (25 counts), in
 violation of 18 U.S.C. 1510;
 
(4) deprivation of fundamental Rights under color of law,
 specifically the Right to Petition a federal grand jury for
 a formal investigation (25 counts), in violation of 18
 U.S.C. 242;
 
(5) conspiracy to commit all of the above (25 counts), in
 violation of 18 U.S.C. 241 and 371;
 
(6) perjury before a judicial proceeding in the United States
 District Court (2 counts), in violation of 18 U.S.C. 1623;
 
(7) contempt of a United States District Court in the matter of
 enforcing a federal grand jury subpoena (2 counts), in
 violation of 18 U.S.C. 402.
 
 
Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
 Page 3 of 9

Ms. Janet Napolitano with:
 
(1) aiding and abetting the obstruction of correspondence
 transmitted via first class, certified, and registered
 United States Mail, under color of law (25 counts), in
 violation of 18 U.S.C. 2 and 1702;
 
(2) aiding and abetting the act of tampering with a federal
 grand jury (25 counts), in violation of 18 U.S.C. 2 and
 1512;
 
(3) aiding and abetting obstruction of criminal investigations
 (25 counts), in violation of 18 U.S.C. 2 and 1510;
 
(4) deprivation of fundamental Rights under color of law,
 specifically the Right to Petition a lawfully convened
 federal grand jury for a formal investigation (25 counts),
 in violation of 18 U.S.C. 242;
 
(5) conspiracy to commit all of the above (25 counts), in
 violation of 18 U.S.C. 241 and 371.
 
Mr. Richard H. Weare with:
 
(1) aiding and abetting the obstruction of correspondence
 transmitted via first class, certified, and registered
 United States Mail, under color of law (25 counts), in
 violation of 18 U.S.C. 2 and 1702;
 
(2) aiding and abetting the act of tampering with a federal
 grand jury (25 counts), in violation of 18 U.S.C. 2 and
 1512;
 
(3) aiding and abetting obstruction of criminal investigations
 (25 counts), in violation of 18 U.S.C. 2 and 1510;
 
(4) deprivation of fundamental Rights under color of law,
 specifically the Right to Petition a lawfully convened
 federal grand jury for a formal investigation (25 counts),
 in violation of 18 U.S.C. 242;
 
(5) conspiracy to commit all of the above (25 counts), in
 violation of 18 U.S.C. 241 and 371.
 
Ms. Evangelina Cardenas with:
 
(1) aiding and abetting the obstruction of correspondence
 transmitted via first class, certified, and registered
 United States Mail, under color of law (25 counts), in
 violation of 18 U.S.C. 2 and 1702;
 
(2) aiding and abetting the act of tampering with a federal
 grand jury (25 counts), in violation of 18 U.S.C. 2 and
 1512;
 
(3) aiding and abetting obstruction of criminal investigations
 (25 counts), in violation of 18 U.S.C. 2 and 1510;
 
 
Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
 Page 4 of 9

(4) deprivation of fundamental Rights  under color of law,
 specifically the Right to Petition a lawfully convened
 federal grand jury for a formal investigation (25 counts),
 in violation of 18 U.S.C. 242;
 
(5) conspiracy to commit all of the above (25 counts), in
 violation of 18 U.S.C. 241 and 371;
 
Does 1 thru 10:
 
(1) aiding and abetting the obstruction of correspondence,
 transmitted via first class, certified, and registered
 United States Mail, under color of law (one or more counts),
 in violation of 18 U.S.C. 2 and 1702;
 
(2) aiding and abetting the act of tampering with a federal
 grand jury (one or more counts), in violation of 18 U.S.C. 2
 and 1512;
 
(3) aiding and abetting obstruction of criminal investigations
 (one or more counts), in violation of 18 U.S.C. 2 and 1510;
 
(4) deprivation of fundamental Rights under color of law,
 specifically the Right to Petition a lawfully convened
 federal grand jury for a formal investigation (one or more
 counts), in violation of 18 U.S.C. 242;
 
(5) conspiracy to commit all of the above (one or more counts),
 in violation of 18 U.S.C. 241 and 371;
 
(6) retaliating against a witness, victim, or an informant (12
 counts), in violation of 18 U.S.C. 1513;
 
(7) misprision of felony (one or more counts), in violation of
 18 U.S.C. 4.
 
 NOTICE OF REFUSAL FOR FRAUD
 
 Complainant hereby formally refuses Mr. Procter Hug's
 
alleged dismissal  of the instant Complaint of Judicial
 
Misconduct, for all of the following reasons, to wit:
 
 (1) Mr. Hug's judicial compensation is presently being
 
diminished unlawfully by federal income taxes, in violation of
 
Article III, Section 1, of the Constitution for the United States
 
of America, as lawfully amended; this diminution is evidence of
 
a bias, and of an unlawful conflict of interest, because of the
 
existence of a prior contract with a real party of interest --
 
the "Internal Revenue Service" [sic], as represented by suspect
 
Evangelina Cardenas alleging falsely to be a Special Agent [sic].
 
 
Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
 Page 5 of 9

 (2) Mr. Hug committed a serious error by merely insinuating
 
that Complainant had violated one or more of the prohibitions of
 
18 U.S.C. 1504, without specifically enumerating any further
 
details, when the second paragraph of said statute very clearly
 
reserves to  Complainant the Right to petition a competent and
 
qualified federal grand jury for an opportunity to appear, and
 
also for a formal investigation into testimony and documentary
 
evidence which Complainant sought, and still seeks, to bring
 
before said grand jury. It was not appropriate for Mr. John M.
 
Roll either to keep, or to forward, communications to Mr. Robert
 
L. Miskell, because said acts contributed directly to the
 
obstruction of said communications and permanently prevented same
 
from ever reaching the foreperson of said grand jury, in repeated
 
and premeditated violations of 18 U.S.C. 241, 242, 371, and 1510.
 
 
 (3) Complainant has challenged officials of the United
 
States Postal Service ("USPS") to produce all statutory and
 
constitutional authorities which might otherwise permit, with
 
impunity, a federal judge permanently to obstruct correspondence
 
directed to the foreperson of a federal grand jury, and no such
 
authorities were ever produced. On the contrary, every single
 
employee of the USPS whom Complainant has approached with this
 
question, has answered in the negative, namely, there are no
 
authorities whatsoever which permit federal judges to obstruct
 
first class, certified and/or registered United States Mail, when
 
said mail was directed to the foreperson of a federal grand jury,
 
and when return receipt and restricted delivery services were
 
also requested and purchased from the USPS counter clerks.
 
 
Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
 Page 6 of 9

 (4) Mr. Hug admits to having made at most a "limited
 
inquiry" into the voluminous documentation which Complainant has
 
filed with the Clerk of the United States Court of Appeals for
 
the Ninth Circuit, and which Complainant incorporated into the
 
instant Complaint by reference, as if set forth fully herein.
 
Moreover, Mr. Hug never made a judicial determination that the
 
instant Complaint was extraordinary in any way, and yet Mr. Hug
 
violated the Ninth Circuit's own rules for expeditious review of
 
proper Complaints of Judicial Misconduct or Disability, by
 
exceeding the guidelines for same. This "limited inquiry," and
 
these unnecessary delays, in processing the instant Complaint,
 
have combined to work an irreparable prejudice upon Complainant,
 
in violation of Complainant's fundamental Rights to due process
 
of law, as guaranteed by the Fifth Amendment in the Bill of
 
Rights, and to Petition the Government for Redress of Grievances,
 
in violation of the First Amendment in the Bill of Rights.
 
Silence can be equated with a fraud where there is a legal or a
 
moral duty to speak. Complainant hereby charges that Mr. Hug
 
abused discretion by waiting an inordinate and unjustified amount
 
of time, before alleging to dismiss the instant Complaint.
 
 
  VERIFICATION
 
 Complainant hereby verifies, under penalty of perjury, under
 
the laws of the United States of America, without the "United
 
States", that the foregoing statement of facts is true and
 
correct, to the best of Counsel's current information, knowledge,
 
and belief, so help Me God, pursuant to 28 U.S.C. 1746(1).
 
 
Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
 Page 7 of 9

 PROOF OF SERVICE
 
I, Paul Andrew, Mitchell, B.A., M.S., 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 and a Citizen of one of the United States of America, and
 
that I personally served the following document(s):
 
 NOTICE AND DEMAND TO APPEAR BEFORE A
 COMPETENT AND QUALIFIED FEDERAL GRAND JURY;
 VERIFIED CRIMINAL COMPLAINT; NOTICE OF REFUSAL FOR CAUSE:
 18 U.S.C. 4, 1504, 1512, 1513;  Petition & Due Process Clauses
 
by placing said document(s) with exhibits in first class United
 
States Mail, with postage prepaid and properly addressed to the
 
following individuals:
 
 
ROBERT L. MISKELL [sic] John M. Roll [sic]
Acapulco Building, Suite 8310 U.S. District Court
110 South Church Avenue 55 E. Broadway
Tucson, Arizona state Tucson, Arizona state
 
JANET NAPOLITANO [sic] Clerk of Court
Acapulco Building, Suite 8310 United States District Court
110 South Church Avenue 55 E. Broadway
Tucson, Arizona state Tucson, Arizona state
 
Grand Jury Foreperson Postmaster
In re: New Life Health Center Co. U.S. Post Office
55 E. Broadway  Downtown Station
Tucson, Arizona state Tucson, Arizona state
 
Judge Alex Kozinski Evangelina Cardenas [sic]
Ninth Circuit Court of Appeals "Internal Revenue Service"
125 S. Grand Avenue, Suite 200 300 West Congress
Pasadena, California state Tucson, Arizona state
 
Attorney General Solicitor General
Department of Justice Department of Justice
10th and Constitution, N.W. 10th and Constitution, N.W.
Washington, D.C.  Washington, D.C.
 
Thomas H. Basham Eugene A. Burns
Federal Bureau of Investigation New Life Health Center Company
201 East Indianola 4500 East Speedway, Suite 27
Phoenix, Arizona state Tucson, Arizona state
 
Chief Judge
Ninth Circuit Court of Appeals
c/o P.O. Box 193939
San Francisco, California
 
 
Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
 Page 8 of 9

Executed on August 21, 1997:
 
 
/s/ Paul Andrew Mitchell
_______________________________________________________
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Vice President for Legal Affairs,
New Life Health Center Company, Tucson, Arizona state
 
All Rights Reserved without prejudice
 
 
Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
 Page 9 of 9

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28 U.S.C. 372(c) Complaint

against John M. Roll

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