Why private Common Law Courts are a BAD IDEA

You want to start a Common Law Court?

Bad idea.  Here's why. Look into the case of Susan Mokdad and Emilio Ippolito in Tampa. 

https://groups.google.com/forum/#!topic/Lawmen/5aAzUiHo9TM

They got jailed in 1996 for common law court nonsense.  She died in prison.  If I were you I would ignore the political philosophy of "Sir David Andrew," but here are some pages of interest.  Pass this message on to others contemplating common law courts.

• http://sirdavidandrew.com/the_pro_se_litigant.pdf
• http://sirdavidandrew.com/Florida/ProSeLitigatesRevisited.pdf
• http://sirdavidandrew.com/Florida/Florida.html

This web site shows some of the history of the Ippolito case:

Florida Common Law Court http://www.outpost-of-freedom.com/jtfclc00.htm Emilio Ippolito sits in the Coleman, Florida, Federal Correctional Facility. Although convicted and sentenced to most of the rest of his life for speaking out, Emilio has not lost the spirit that led him to begin the Common Law Court, back in 1992. He has filed a Complaint against the government agents who hand fed the Federal Grand Jury as well as some of the Grand Jury members. The phrase " Obstruction of Justice" has begun to bounce around the Federal District Court in Tampa, Florida. Interestingly, those who have begun using the phrase seem to be the most guilty of the crime. This series will enlighten you on how a trail that was filled with outright lies by government operatives has now begun to unravel in its own misdeeds. Obstruction of Justice #1 Obstruction of Justice #2 Obstruction of Justice #3 Obstruction of Justice #4  Obstruction of Justice #5  Obstruction of Justice #6   Ippolito juror failed to tell criminal past  By JACQUELINE SOTEROPOULOS of The Tampa Tribune Actual FBI reports on Finch - as requested by Judge Merryday when he found out Finch might be a felon. The six defendants who were imprisoned by this charade of justice (injustice) appealed the decision of the District Court. Over one year ago, their appeal was heard by the United States Court of Appeals for the Eleventh Circuit. It has taken this long for that court to determine how to continue the charade. These recent events warrant a new series of articles entitled  Obfuscation of Justice. Phil Marsh, of California, and Douglas Carpa, of Arizona, are among the defendants in this trial. Like Manuel Noriega, being " present at the scene of the crime" is no longer a requisite for commission of a crime. Carpa was in federal custody, pending trial on other charges, at the time the crime is alleged to have taken place. opf " Let me tell you about a man named Quigley" by Gary Hunt, Outpost of Freedom, July 1, 1997 The story about an IRS undercover agent in Central Florida Tainted Jury on Tampa Common Law Court trial A series of articles and documents pertaining to the jury in the recent conviction of alleged conspirators in the Tampa Common Law court. Motion before the court The government, in an effort to stifle descent, has chosen, in the Tampa Trail, to list a number of Unindicted Co-conspirators. This court document could serve no other purpose. Newspaper accounts of the story The Orlando Sentinel -- Friday, June 6, 1997 "Charge" of treason rings in court... The Orlando Sentinel -- Sunday, June 22, 1997 RECORDING LETS JURY LOOK INSIDE A MILITIA An agent spent about a year undercover recording meetings of the anti-government group. The Orlando Sentinel -- Sunday, June 24, 1997 Inspector: Anti-government group had threatened grand jury foreman The conspiracy trial of a group accused of having 4 judicial targets in Orlando continues in Tampa. The Orlando Sentinel -- Wednesday, June 25, 1997 Jurors hear tape of plot to kidnap an Orlando judge The Orlando Sentinel, Wednesday, July 2, 1997 Magistrate wanted protection, witness says Official among those threatened by anti-government group mail to:Gary Hunt

Take note that the Florida Constitution, like the constitutions of the US and other states, created the Judicial Branch of government and, along with related laws, establish the judicial and administrative court systems.  Anyone attempting to set up a common law court has to worry about subpoena power, judge and prosecutor competence and integrity, juror qualification selection, broad publication of opinions, agreement of the parties to abide by court opinions, and enforcement of opinions.  This non-trivial undertaking.  Such courts could play a role of arbitration proceedings, and then seek the assistance of the state court system to resolve problems as the final arbiter.

All of this explains why I see common law courts as a pipe dream concocted by people with no clue about the ideals of good government.

The ADL has a good article on Common Law Court movement, http://archive.adl.org/mwd/common.html, showing that a Texas Appeals Court said this in 1992:

"We hold that the Common Law Court for the Republic of Texas, if it ever existed, has ceased to exist since February 16, 1846."

Florida's courts operated according to a combination of common and statutory law from its various historical antecedents under under requirement of this Florida Statute:

2.01 Common law and certain statutes declared in force.—The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the Constitution and laws of the United States and the acts of the Legislature of this state.

History.—s. 1, Nov. 6, 1829; RS 59; GS 59; RGS 71; CGL 87.

Florida has roots in a variety of law sources as described in Volume III of the 1941 Florida Statutes
http://www.law.fsu.edu/library/databases/pdf/1941statutoryrevisions.pdf

Readers can see the common law rules of court in the 1941 edition of the Florida Statutes:
http://www.law.fsu.edu/library/collection/flastat/FlaStat1941/

The Common Law rules start on page 43:

http://www.law.fsu.edu/library/collection/flastat/FlaStat1941/vol1/FlaStat1941v1part2of2_OCR_Part17.pdf

They end on page 12 in this document:

http://www.law.fsu.edu/library/collection/flastat/FlaStat1941/vol1/FlaStat1941v1part2of2_OCR_Part18.pdf

So, of COURSE Florida's courts operated by common law rules.  And the Supreme Court has integrated them into the present array of rules by which the courts operate today.  You could say THESE constitutional courts ARE the common law courts, modernized for the needs of society today.  Therefore you don't need to run around and set up your own.

If you don't like them, use your organizational and campaigning skills to start a political movement to change them.

--

Bob Hurt            Blog 1 2 3   f  t   2460 Persian Drive #70 Clearwater, FL 33763 Email Call: (727) 669-5511 Law Studies: Donate   Subscribe Learn to Litigate with Jurisdictionary