Time: Wed Feb 26 21:02:59 1997 by primenet.com (8.8.5/8.8.5) with SMTP id TAA09086; Wed, 26 Feb 1997 19:54:06 -0700 (MST) Date: Wed, 26 Feb 1997 21:02:34 -0800 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: How to Recuse a Federal Judge How to Recuse a Federal Judge You Do Not Like 1. File a Notice and Demand for Mandatory Judicial Notice, pursuant to Rule 201(d) of the Federal Rules of Evidence. A FOIA request is a good thing to attach as supporting evidence, because it invokes a specific federal law, with statutory deadlines for the production of requested document(s). 2. If your judge "denies" the Demand, you then refuse the ORDER denying the Demand, and with the refusal, you file a Notice of Intent to File Judicial Complaint, pursuant to 28 U.S.C. 372(c). 3. Rule 201(d) uses the word "shall," which has an imperative meaning. The only way the evidence can be expunged from the record is via a Motion to Strike, filed by opposing party(s). In the absence of such a Motion, the evidence must stay in the record. 4. File your judicial complaint, but only after obtaining the local Circuit Rules promulgated pursuant to 28 U.S.C. 372(c). You complain specifically about the practice of law by a federal judge, a high misdemeanor prohibited by 28 U.S.C. 454. A Demand is not a Motion, and for this reason, attempting to "rule" on a Demand is practicing law, because the judge has no Motion before him (her) at that point in the proceedings. 5. If you want to get really fancy, after the FOIA deadlines have run, you remove your case into the District Court of the United States (if you started out in the United States District Court), because the DCUS is the court of original jurisdiction to compel production of documents properly requested under FOIA, and to enjoin withholding of documents improperly withheld. Your removal will effectively stay the USDC action, until the requested document(s) are produced, or the other side is forced to admit that they do not exist. This could be very helpful, for example, if you have requested the authorizations required by IRC 7401 (a very important statute which bears on subject matter jurisdiction). Always remember: subject matter jurisdiction can be raised at any time. This may have the effect of postponing any further proceedings in your case, so you will need to anticipate this likely outcome, if it is not something which you really want to happen. But, if you need to buy time, this is a good way to do it. /s/ Paul Mitchell ======================================================================== Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU web site: http://www.supremelaw.com : library & law school registration ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this ========================================================================
Return to Table of Contents for
Supreme Law School: E-mail