Court Clerks have no Judicial Authority.
- The court clerks refuse to allow you to file your pleadings in the case, claiming that you either must enter a plea before you are allowed to do so, or, because of some other alleged legal or court policy requirement(s).
- The court clerk(s) claim that the judge can’t or won’t read the pleadings unless you have already entered a plea to the charges in the case.
For #2, s/he (the court clerk), is 100% incorrect as to the judge’s ability/requirement in reading the pleadings, as that is their fucking job. What the judge actually cannot legally do is conduct an ex parte proceeding or personally meet or engage in direct communications about the facts and evidence of the case with one party in the absence of the other party.
For #1, pleadings filed in a case are not evidence of the facts of the case, but of the relevant law itself as it may apply to the facts of the case, and do not constitute “direct communications” with the judge for such purposes. Again, the court clerk is giving legal advice on this subject, which they simply cannot do!!
So, in relation to either or both of these actions by court personnel, you need to file a judicial conduct complaint against the presiding judge who runs the court with the judicial conduct commission for knowingly and willfully allowing his/her court clerks to give legal advice to defendants in violation of law, and for improperly delegating and authorizing the clerk’s to illegally exercise judicial powers that they do not and cannot have, as well as exercising those powers not only improperly, but also in direct violation of the code of criminal procedure and the fundamental due process rights of the Accused!! Conducting a judicial proceeding and the taking and entering of pleas into the record are judicial powers residing in one with actual judicial authority, therefore, only judges and magistrates have such authority delegated to them in order to exercise such powers, not mere court clerks or prosecutors.
Once this is done, then you can file complaints about the clerk(s) in question by name directly with that same judge. You may, at this point, inform the judge that you have supplemented these complaints against the clerks by also filing complaints with the judicial conduct commission regarding the judge’s unlawful acts and biases inherent in allowing this illegal behavior to go on within their office. Be careful that your statement cannot be viewed and misconstrued as an attempt to threaten or intimidate the judge into making some decision or taking some particular action in the case one way or another. You do this by making damned sure that you filed the judicial conduct complaints first, before you even make the judge aware of the fact when you are filing your complaints against the clerks.
Now you can file a motion to Recuse or Disqualify this judge from ever hearing your motions or your case because of his or her criminal conspiracy to perpetrate violations of state law directed toward causing harm and detriment to the public generally and those appearing before it specifically, countless violations of the rules of criminal and civil procedure as well as the codes of judicial ethics and professional conduct, because you now have a demonstrably substantiated belief that no one, including you, can get a fair and impartial trial from such a biased and incompetent judge.
Simple as pie… unless it’s a shit pie, and you made that pie yourself, so don’t! If you do these things correctly and timely, you can make them regret ever coming near you, much less trying to prosecute you for their bullshit.
As for showing a court clerk the actual law on what is required prior to the taking and entering of a plea in Class C fine only cases, you must be sure to use the law that actually applies, which is found in Code of Criminal Procedure Chapter 45, rather than using the general statute found elsewhere in the Code of Criminal Procedure.
Let’s look at what Chapter 45 says about the entering of a plea by a defendant in a Class C fine only misdemeanor case:
Art. 45.023. DEFENDANT’S PLEA.
(a) After the jury is impaneled, or after the defendant has waived trial by jury, the defendant may:
(1) plead guilty or not guilty;
(2) enter a plea of nolo contendere; or
(3) enter the special plea of double jeopardy as described by Article 27.05.
(b) If a defendant is detained in jail before trial, the justice or judge may permit the defendant to enter any of the pleas described by Subsection (a).
(c) If a defendant who is detained in jail enters a plea of guilty or nolo contendere, the justice or judge may, after complying with Article 15.17 and advising the defendant of the defendant’s right to trial by jury, as appropriate:
(1) accept the defendant’s plea;
(2) assess a fine, determine costs, and accept payment of the fine and costs;
(3) give the defendant credit for time served;
(4) determine whether the defendant is indigent; or
(5) discharge the defendant.
(d) Notwithstanding Article 45.037, following a plea of guilty or nolo contendere entered under Subsection (b), a motion for new trial must be made not later than 10 days after the rendition of judgment and sentence, and not afterward. The justice or judge shall grant a motion for new trial made under this subsection.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from Vernon’s Ann.C.C.P. art. 45.31 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 21, eff. Sept. 1, 1999.
Acts 2013, 83rd Leg., R.S., Ch. 691 (H.B. 2679), Sec. 1, eff. September 1, 2013.
Art. 45.024. DEFENDANT’S REFUSAL TO PLEAD. The justice or judge shall enter a plea of not guilty if the defendant refuses to plead.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from Vernon’s Ann.C.C.P. art. 45.35 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 22, eff. Sept. 1, 1999.
Okay, the first thing to understand is, when does the statute declare the defendant’s plea may be taken in relation to a Class C misdemeanor?
Art. 45.023(a) DEFENDANT’S PLEA.
1. after the jury is impaneled!; or
2 after the defendant has waived trial by jury!
The only exceptions to this are in subsection (c), which are inapplicable in this particular instance if you are not currently in jail, and those found in another part of the Code of Criminal Procedure relating to the usage of a citation as a complaint if the defendant decides to plead guilty and pay by mail or knowingly signs a waiver allowing the usage of the citation as a valid complaint at trial. These conditions are also not usually applicable in the instant matter if you are trying to file pleadings in a case, because that indicates that you are fighting and going to trial in an actual court.
How about the procedure that is required if a defendant refuses to enter a plea before a proper magistrate in a proper judicial proceeding rather than before a mere fucking peon of a court clerk or power-drunk prosecutor who thinks they are somehow authorized to impersonate a judge?
Well, can we not all see that Code of Criminal procedure Art. 45.024 plainly states that the “justice or judge shall enter a plea of not guilty?” Can we all not see that the rules of criminal procedure says absolutely nothing about court clerk’s or prosecutor’s being even remotely authorized to take or enter the Defendant’s plea themselves.
The “CYAC” Maneuver.
One last thing, when this kind of behavior by the clerk(s) and the court has been the norm, then, before you leave, you should directly ask the clerk this specifically worded question:
“Based upon your actions and comments when I’ve previously tried to file these pleadings, and despite the fact that no verified complaint appears to be filed in the court record, is this court going to issue a warrant for my arrest on the charge of “Failure to Appear” after I leave simply because I would not submit to entering a plea just so I could file legal pleadings for my own defense in this case??“
This is what I like to call just one of many types of “CYAC” maneuvers that one must be prepared to make when engaged in fighting a case on their own, and it stands for “cover your ass carefully.” If you have ever served in the military, especially in an area where everything is done according to internal politics instead of rules and regulations, then you really understand why such acts are necessary for self-preservation.
That said, you really want an answer to this question on video, and for several very good reasons:
serves as proof that:
- a valid verified criminal complaint does not exist in the record at the time the plea was demanded by the clerk or the court;
- there is a complete lack of subject matter and in personam jurisdiction without such a verified complaint, as, technically, a case cannot even legally exist absent a valid complaint, which means NO COURT’S JUDICIAL AUTHORITY AND JURISDICTION HAS BEEN INVOKED as a matter of law;
- there are intentional and numerous illegal acts being perpetrated by the court clerks AND the judge(s) that violate state and federally protected due process rights by preventing you from filing pleadings and making a proper defense in the case in violation of those same due process rights;
- judges, their court personnel, and prosecutors, are all engaged in conspiratorial criminal conduct by doing all of these things in violation of the law and your due process rights; and
- if they do issue a warrant after the fact, you have set the stage for proving that the charge itself and the issuance of the warrant is based upon the knowing and willful falsification and tampering of a government record, aggravated perjury, is 100% malicious and retaliatory, and was done absent all forms of lawful jurisdiction and legal authority; finally
- If they answer “no” to this question, then you have that on record as well, and can use it against them later if they go ahead and issue a knowingly fraudulent warrant anyway.
Always be thinking ten moves ahead of them at all times, not just when you think about it. Plan your course of action by being proactive rather than reactive! It works much better for you in the long run. And most of all, DO NOT PROCRASTINATE!! If something has to be done by a specific date or within a certain time frame, JUST DO IT RIGHT NOW and get it out of the way!!
This is why we read and study, so we know, so we can use, so we can fight, so we can WIN OUR FUCKING CASE!!