CONSTRUCTIVE NOTICE AND DEMAND

(second request)

 

September 22, 2000

Administrative Office of the U.S. Courts

Attention:  Leonidas Ralph Mecham

Thurgood Marshall Federal Judiciary Bldg.

WASHINGTON [ZIP code exempt]

DISTRICT OF COLUMBIA, USA

 

Subject:  Oath of Office for Ms. Patricia V. Trumbull,

          U.S. District Court, San Jose, California

 

Dear Director:

 

This is My lawful NOTICE AND DEMAND for production of a document required by 28 U.S.C. 453 and by Article VI, Section 3, in the Constitution for the United States of America, as lawfully amended.  I hereby make this formal demand that a certified copy of the following documents be provided to Me, without delay (see deadline infra):

 

1.               Required Oath of Office executed by Patricia V. Trumbull, currently claiming to be employed as a magistrate judge at the United States District Court in San Jose, California.

 

2.   All provisions in the Constitution for the United States of America, as lawfully amended to date.

 

If you do not reply to this lawful NOTICE AND DEMAND within five (5) working days, with certified copy(s) of the documents itemized above, I will proceed on the basis of the presumptions that Patricia V. Trumbull has failed to execute a valid Oath of Office and, therefore, that no valid Oath of Office exists for Patricia V. Trumbull.

 

For pertinent authorities, see Prieto Bail Bond v. Texas, 994 S.W.2d 316;  51 C.J. p. 319, n. 65;  74  C.J.S. p. 193, n. 11;  State v. Bernoudy, 36 Mo. 279 (1865);  Respublica v. Wray, 2 Yeates (Pa.) 429 (1799);  and State v. Christensen, 35 P.2d 775 at 782, 84 Utah 185 (1934).

 

If you are not the correct person to whom this DEMAND should be directed, please forward it without delay to the correct person(s).

 

Thank you for your timely consideration.

 

 

Sincerely yours,

 

/s/ Donald E. Wishart

 

Donald E. Wishart

c/o 5150 Graves Avenue, Suite 12-C

San Jose [ZIP code exempt]

CALIFORNIA, USA

 

All Rights Reserved without Prejudice

 

copy:  Clerk of Court, USDC, San Jose, California