6436 story of traffic tickets and my disbarment. Partial story. In response to opinion of the fake judge of the fake state bar court. It is fake because constitutional judges are appointed by the governor or elected. This guy David Wesley was appointed by the state bar prosecutors. He is now presiding criminal judge in Los Angeles county court.
This page is http://www.lawyerdude.s5.com/6436.html
The "law that did not apply to him" was Vehicle code.
I did not know how to do it as well then as I do now.
I challenged the traffic laws.
They were grasping at straws.
I pissed people off. Example: a job applicant demanded to know why I did not read all of her resume. I told her I had already made up my mind. She wanted to know why I would not hire her. I told her that she was unfriendly and obese. Her husband called to complain. The bar prosecuted me and lost. The rule has always been that obesity is a basis for refusal to hire.
they tried to whack me for "offensive personality" but I did not even need to protest that one; it is too fucking vague.
For the next attempt they appointed a lawyer for me.
Then they tried to say that I was mentally ill. I went to a shrink of their choice. I am certified very healthy.
Incidentally, the lawyer only told me much later that she wrote the very rule that I was attempting to whack. Ellen Panksy is the name of the lawyer. she is still there. A prosecutor whoring herself out to the defense now - - being careful not to offend any of her former prosecutor friends.
One of the tickets that showed up in discovery was a ticket that I got for crossing the yellow line. I had been awake for 23 hours. Here is what happened. I arose early to drive to Santa Monica (where the O.J. civil trial was held). I drove into the parking lot. It was raining. That gate was stuck in the up position and would not give me a ticket. I did my court business. I attempted to depart at around 9 a.m. The attendant wanted me to pay the full day price. I told him that I would gladly pay for the time I was there. their ticket dispenser was broken. Obviously I was not there all day. It was only 9 a.m. I told him to call his supervisor. His supervisor refused to come out into the rain in the parking lot.
I was not doing this to be an elitist. I was doing this to make the system work. They needed to fix their gate. I informed them. Otherwise how are they to know? I am the guy who gets out of line at the grocery store to remind the sleeping clerk that it is time to open up another check stand. Often I lose my place in line when I do this. They open up a new check stand and the person who remained in line gets to go first. I am the guy who tells the produce guy that there is no chilled watermelon; they have run out while he was sleeping on the job. I am the one who flashes my lights at the police car and tells the policeman that he was speeding.
Soon Officer HURT arrived. His true name was HURT. He called me aside and attempted to intimidate me. Suddenly he became noticeably rougher. He accused me of grand theft auto. I promptly denied it. (Why would I steal a car when, as a licensed lawyer, I could steal so much more so easily?) I told him that the registration papers were in the car. He impounded the car without even checking for the papers. He put me in jail for 8 hours until they realized that the Rampart Division has made a typo. The license number of the stolen car was very similar to my license plate number. They cut me loose. I took a cab to the rampart division in order to retrieve my car. I waited and argued for hours. Finally at 3 a.m. the head cop took me to impound and gave my car back. So at 4:30 a.m. I am on Pacific Coast highway driving home. I see red flashing lights on the side of the road. I slow down. I have been awake for 23 hours now. There is a police car on the right side of the road. I cross the yellow line and go to the left lane to give the police wide berth and to avoid possible glass on the road. 2 to 4 miles down the road I see a police car behind me chasing me. I pull over. He gives me a ticket for crossing the yellow line. At first I refuse to sign. This is what the bar used as a partial basis for disbarment. I signed after another officer arrived. Eventually I tried to fight that ticket and eventually I paid a lawyer to appear for me and eventually I missed another appearance and eventually the judge in another division of L.A. court say my story in the L.A. times about my office sex contract and sent his marshalls right to my office and eventually I served a day for that crossing the yellow line.
Six years later I was flabbergasted to see in the discovery papers that the bar using a traffic ticket as fodder for disbarment. I was even more flabbergasted to see that the cop who chased me down WAS NOT EVEN ON DUTY! He was at work early as a security guard for a movie production company there at Malibu! I could have used that in my ticket, but in those days I never thought about discovery on a traffic ticket - and they held me in jail until I pleaded anyway. I had previously failed to appear. My bail went from $1000 to $10,000 to $33,000. At $33,000 I could not afford to bail out. So I pleaded and got credit for time served. I was in jail for a speeding ticket down I-5 the grapevine in the same county. I was returning from a court appearance in Bakersfield. The court was near Magic Mountain. During Gulf 1 California declared in immediate court holiday on the day I was to appear in court.
The bar always tried to make it appear that I was saying "just me", but no, I was saying that these things should not be done to anyone.
I was trying to make the system work. I was trying to have a trial.
half the time they could not find a judge available - but when I was not available they issued a warrant.
I was saying that the law itself was defective.
In retrospect, I should have demurred, but I was busy with a much fuller work load because I had a luxury apartment and a luxury girlfriend to maintain.
The bar lies by omission. The 8 counts of practicing law without a license stemmed from THE RAID AT THE GOODNITE INN.
http://www.circuitlawyer.8m.com/5460.html
The 8 counts were 8 bankruptcies in the envelopes waiting to be mailed out. They were perfect bankruptcies as mine have always been for 20 years. I do them with computer software. They are perfect. I explained to the investigators who arrested me. They understood. That is why there was no prosecution. However they did keep my money, computers, printers, telephones, files, and other stuff for over a year.
http://www.circuitlawyer.8m.com/5453.html
1. Medley of pages explaining my bar situation
In 1993 the local district attorney office raided my office. This is the "Raid at the Good Nite Inn" story at this link:
http://www.circuitlawyer.8m.com/5460.html
and this link: http://www.circuitlawyer.8m.com/5453.html
They did NOT file a criminal complaint. They did file in the newspaper an accusation of 7 felonies - practicing law without a license. And the paper did not report it when they found out that I was innocent and the prosecution never did file a complaint. Now fast forward 6 years to May 14, 1999. They raided my farm in Illinois and put me in jail. the FBI ageny Eley told me that it was for practising law without a license - but he was slightly wrong. Thus started my personal extradition case, a case where the extradition should have been refused but the lawyers and judges involved were all weak idiots. I suffered an illegal extradition. After being extradited I faced a jury trial and won. It was a week long trial and the jury took less than 2 hours for all 12 of them to vote me NOT GUILTY. The sole charge from the beginning was advertising - although they told my Mom that it was fraud - and my Mom disinherited me. The charge was 6126 which is stated verbatim here: http://www.lawyerdude.netfirms.com/6125.html
Here are the links to that story: http://www.lawyerdude.netfirms.com/5918.html
http://www.lawyerdude.netfirms.com/4055v31pt1.html
http://www.lawyerdude.8m.com/3435illi.html
http://www.lawyerdude.8m.com/3435illi.html
http://www.lawyerdude.netfirms.com/5996.html
http://www.lawyerdude.8m.com/3789history.html
I have NEVER been convicted of a bar crime/ offense. I have never been convicted of a felony.
I am denied a right to make a living. This was done to me without benefit of due process of law. I was never invited to appear to defend myself before the supreme court of California. The state bar would not give me a transcript nor provide me with effective assistance of counsel despite their own rules saying that I have a right to counsel. They had 2 case. They kicked me out of the first hearing and they did not invite me to he 2nd one. The state took my car away during the week of my hearing.
2. Medley of cases, rules, and statutes re what is practice of law - add 1-311.
Lawyerdude’s explanation of the state bar act:
People ask me: Define “the practice of law” These 7 cases attempt and fail to define the practice of law. Thus B&P 6125 is unconstitutional for overbreadth and vagueness. That is why they declined to ever prosecute me for that. The prosecuted me once for 6126 which is advertising - and I won that case. Here is my winning argument, by the way: http://www.lawyerdude.netfirms.com/5918.html
California Business and Professions Code section 6125.:
“No person shall practice law in California unless the person is an active member of the State Bar.” - this violates the 1st amendment.
The state bar act in pertinent part is on this link: www.lawyerdude.netfirms.com/6125
What the “practice of law is NOT”. Rule 1-311 creates a safe harbor: “1) Legal work of a preparatory nature, such as legal research, the assemblage of data and other necessary information, drafting of pleadings, briefs, and other similar documents;”
Seems that the 1st amendment creates a safe harbor when combined with the 14th. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens. The rights to speech, press, association and petition shall not be abridged.
Here are the 7 cases used illegally by the bar to define “practice law” and to abridge speech of lawyers. Why illegally? Because the definition is too vague and overbroad! See my overbreadth page here: http://www.lawyerdude.8m.com/5409.html See also http://www.lawyerdude.netfirms.com/yickwo.html The entire medley is as follows (listed in order of newness):
1 People v. Landlords Professional Services (1989) www.lawyerdude.netfirms.com/landlord.html 215 Cal.App.3d 1599 [264 Cal.Rptr. 548];
2 Farnham v. State Bar (1976) http://www.lawyerdude.netfirms.com/farnham.html 17 Cal.3d 605 [131 Cal.Rptr. 611];
3 Bluestein v. State Bar (1974) 13 Cal.3d 162 [118 Cal.Rptr. 175]; www.lawyerdude.netfirms.com/bluestei.html
4 Baron v. City of Los Angeles (1970) http://www.lawyerdude.netfirms.com/baron.html 2 Cal.3d 535 [86 Cal.Rptr. 673];
5 Crawford v. State Bar (1960) http://www.lawyerdude.netfirms.com/crawford.html 54 Cal.2d 659 [7 Cal.Rptr. 746];
6 People v. Sipper (1943) http://www.lawyerdude.netfirms.com/sipper.html 61 Cal.App.2d Supp. 844 [142 P.2d 960].)and
7 People v. Merchants Protective Corporation (1922) 189 Cal. 531, 535 [209 P. 363];
And here is the statute that the define: http://www.lawyerdude.netfirms.com/6125.html
This is about______. Now 14 years later, the state bar permits non-lawyers to do evictions if they buy a license from the bar. They can be bar-certified bankruptcy petition writers or bar-certified paralegals or bar certified forms writers. This aint about protecting the public and it never has been. Since 1927 the bar here has taken away our speech and press rights and sold em back to us as a license. This is the theme of my group at www.groups.yahoo.com/group/lawyerdude Note well that they don’t discuss the lies of the cop who did the sting. They find nothing wrong with the service provided. They use police and other public money to enforce their oppression and abridgment of speech - and to what end? They have served nobody except the license sellers at the bar who now sell licenses to non lawyers!
This page is www.lawyerdude.netfirms.com/landlord .
The prosecutors had called Izabel Katapodis a bitch clerk at the federal bar. She lied to them. she told them that I did not have a current federal license. I had received clearance from the chief judge after I reminded the chief clerk that the case of In Re Ming prevents taking my license without a hearing: http://www.lawyerdude.8m.com/ming.html
Incidentally, practicing law without a license is a felony. The prosecutor wrote an article falsely accusing me of 7 counts of that felony, but guess what. They never did file a criminal complaint! If they had been able to whack me they would have. Instead they passed the evidence to the state bar. There was no criminal conviction on which to base their discipline. The Ventura prosecutor knew that he had no case. There is an official opinion of the attorney general in a similar case. You need NO state license to do bankruptcies! You need only a federal license - which I had.
I heard about my disbarment from a client who read it in the newspaper.
My family eventually rescued me. I farmed for several years which was great fun and what I wanted to do in the first place but in those early days my family did not have enough acreage for me to farm. In restrospect that was a lie by my Dad. My Dad retired while this was happening. I could have farmed his farms but he passed them on to my youngest brother. I did farm for my youngest brother until the FBI arrested me for having written brief 2871.
http://www.circuitlawyer.8m.com/2871.html
They lied and said that they had a federal case. This is standard procesure and even permitted by the rules! The part time lawyer magistrate in Santa Barbara, McElwin, has a stack of case number from Los Angeles.
As soon as they got me in jail in Illinois then began the extradition process.
4 months late I won my jury trial. Here is my winnning closing argument:
http://www.lawyerdude.netfirms.com/5918.html
Although I paid $700 for the complete transcript, the court reporter has not yet transcribed the case which is now 5 years old.