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
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