Overview - details below:
The dogs that caught the train
-- I get sued because BEAVERS had built a DAM on
my farm!
Judges and lawyers get sued for "a pattern of racketeering activity"
under the federal RICO statute.
And get so MAD
they can't THINK -- and
make dam fools of themselves (pun intended) ON APRIL 1!
Overview -- "Oh what tangled webs we weave -- when first we practice to
deceive"
Happy April Fools Day
-- "if there is insanity around, well, some of
us gotta have it!"
How, on a DEAD case, TWO visiting judges, ONE hearing a motion to remove the
OTHER from the case, ONE judge from the bench, the OTHER from the witness box,
managed to assess a $125,700 FINE ("sanction") against a 67 year old
non-lawyer (me), on APRIL 1, 2004. (for having filed a ONE page motion SIX
months ago!)
April 1, 2004 docket
scratch
-- unbelievable!
Happy April Fools Day -- as MS Publisher file (large 3.7MB)
Follow-up - coming - "Fruit-Cake II"
?? -- I am accused of "living in the courthouse"!
July
19, 2004 -- Dallas "visiting judge" has a hearing on the
1995!
"beaver dam" suit against me
Overview -- from another perspective:
Going looking for a lawyer
-- The Wallace "good old boy" network as seen from nearby Henderson
County
Other nuttiness -- misc. other cases
Lawyer Disciplinary Trial
--
Some of the problems the State Bar has with lawyers, and vice versa
Lesson for lawyers: Don't take a mad grandmother for a client!
Case of res ipsa loquitur
-- Drunk kids joyriding at night on flatbed truck. One
falls off relieving himself.
Claims drunk driver was negligent for letting HIM ride
drunk on flatbed!
Bunk-bed Bunk
-- A circus. A kid falls out of bed, and the (lots of) lawyers ... ...
...
Another hoot. More "lawyer speak"
Puppy Mill Madness
-- The Dallas SPCA awarded judgment of $6,480, $24,080, $7,920, $4,970
in seizure of Van Zandt "puppy mill" animals, to be paid as "costs of
court".
But the JP courts had NO "costs of housing" (the seized animals) !
And the SPCA was NOT EVEN A PARTY to the case!
And the jurisdictional limit for a JP court is $5000!
And Punishment of ANY kind by civil
process "offend the Constitution"!
The
beaver dam suit against me - a wake-up call -- what started it all:
Beaver Dam Bunk -- I get sued because
BEAVERS had built a dam on my farm!
Senile neighbor (ex-military) goes to war --
against beavers
-- with DYNAMITE!
Calling them "overgrown rats", he gets mad at me too.
His shyster lawyer, knowing he can't sue me over BEAVERS (they are state animals) , simply
changes the facts.
Claims I had violated the TEXAS WATER CODE, by
ME having built a dam, that caused "sand, driftwood, and debris" to wash
upon my neighbor -- when he is entirely UPSTREAM!
Before that I was living peaceably on my farm taking care of my cows and
my 90 year old invalid mother, and had only known the courthouse from getting
automobile license tags.
A little bit about me --
before all this beaver dam madness
elementary school me Village train station File in the 294th
My stand
Germany, 1947, after the war
Story behind this
see below
more
My upcoming book
Excerpts and some more pictures
The federal RICO case -- Against the whole bunch --
lawyer, judges, district attorney, the whole pack.
Dallas lawyer had talked me into it -- "you have a very good case"
-- Oh how naive I was!
Also, had to have been a severe case of "loose screws"
by the Dallas lawyer, to sue Texas judges for engaging in a "pattern of
racketeering activity" as outlawed by the federal anti -racketeering
statute, RICO.
I get sued by my lawyer -- claiming he did $38,121 "worth"
of services -- in suing the Texas district judges???
Appeal to U.S. Supreme Court --
"Since when, in AMERICA?"
Filed Aug. 16,
2004
"Whether a person without a lawyer, filing a pleading in a
Had gone first to Texas Fifth Court of Appeals (Brief),
then Texas Supreme Court (Part
A
Part B), now U.S. Supreme Court
Notice
as to the tone of this site. Not ALL lawyers are evil. There ARE good
lawyers (and judges)!
Paper Bunk

Paper to the Appeals Court (25 lbs)
Appeal brief
Reply brief
For rehearing
DENIED
To
the
Texas Supreme Court (more paper)
Then they cant find it!
Petition Part A
Petition Part B
Motion for Rehearing
with interesting exhibits:
Exhibit 1
Exhibit 2
Exhibit 3a
Exhibit 3b
Miscellaneous:
Archive
of my 2002 run for Van Zandt County Judge
The Duties of a Citizen from 1950's U.S. Department of Justice brochure (Eisenhower was President)
What is "civil RICO"? No. 2 in the series No. 3
Domestic white-collar terrorists
In honor of our troops
On the lighter side -- REALLY WILD! -- I am NOT allowed to tell the jury what I was sued for!!!!!
Going looking for a lawyer -- Sometimes it is hard to stay sane
Complaints::
Complaints of corruption in Wallace's [old] Court
Letter to Senate Judiciary Committee
Events around our county courthouse:
Our district courtroom update Housecleaning - new carpets
Our county Law Library
A modest proposal
Winter around the square -- Seasons Greetings from Canton, Texas
Justice of the Peace - Pct 1 Pct 2 Pct 3 Pct 4
Texas Supreme
Court Petition for Review
Paper that went to the appeals court (25 lbs)
Now to
the
Texas Supreme Court (still more paper)
Front section
Main body
They cant find it!
BELOW:
My personal experience "arising out of" the [old Wallace] Court.
Tying me up in the courthouse to get lots and lots of "legal fees"
($122,000). ZERO damages, all "fees".
"Smoke Old Mold,
the ONLY cigarette that that is ALL FILTER".
Let us NEVER again let crooks run our District Court!
So here goes:
The Van Zandt "beaver dam" scheme 1995 suit on
me that STARTED IT ALL!
Over "my" beavers! Watch "your" fire ants (and some of "our" lawyers)
Among
the 5000+ skeletons (backlog cases) from the (old Wallace) court.
Still active case.
MOTION for new trial I'm asking that the
judge next time put the RIGHT QUESTIONS to the jury
Motion for
Recusal That the judge was no longer UNBIASED after being sued for
"racketeering"
The "beaver dam" judge finally steps down after EIGHT YEARS. Now waiting on a different judge.
STATUS: waiting on Dallas to assign a judge for the
one who stepped aside
inquiry letter
On the lighter side Judge
Zimmermann: "To make a pleading
(a lawsuit),
you put a
piece of paper in a
typewriter and you type on it anything you want to --
And you come down to
the courthouse. You give it to this lady right over here,
the District
Clerk. She puts a file stamp on it. It's a pleading." FROM
OFFICIAL RECORD
That is exactly what the "beaver dam" lawyer had done! [old
court] more
Civil RICO suit against the "beaver dam scheme" -
judges, lawyers etc
Civil RICO suit against Canton lawyer (for his "beaver
dam" scheme)
Lawyer's Answer
Started
eight years ago. Lawyer still perpetrating it in our District Court as
of this day.
Perpetrating a
scheme to "deprive of honest service" (i.e.
pattern of
lying in court) violates
"RICO". (Racketeer
Influenced and
Corrupt
Organizations Act,
18 U.S.C. § 1961, et seq.)
EASY READING. MAKES "RICO" UNDERSTANDABLE.
"RICO" is really very simple. See why
bad lawyers (and bad judges) hate civil RICO
Civil RICO
jury instructions If juries can understand what RICO is,
lawyers can too!
My
APPEAL BRIEF on the TWO UNLAWFUL judgments See exactly how they
did it.
Near end of document shows picture of the
HUGE FILE in the court.
Would not have happened if they had gone by the RULES of court. [old court]
Try the "hyperlink" footnotes in the document (the blue things one clicks on)
Appellees Brief
They claim I
"waived" my right. How ridiculous. Look up
"waived"
My REPLY BRIEF
They have
got to be teaching lying in law school!
Request
for FINDINGS "Judge, please put on PAPER, what you thought I did so
AWFUL"
DENIED!
Request for ORAL ARGUMENT I want to be heard!
DENIED!
THE BEAUTIFUL DOCKET SHEET IN
THIS CASE! worth seeing! (best viewed printed)
page 2
The heart of the LAWLESSNESS
"Judge, how did you do this? The jury was supposed to
decide!"
One and
a half year after the case is over, Judge Banner suddenly "finds" that I was
not "well-intentioned" as he found at the end of the case, but paints me to be
some sort of monster to the judicial system:
Letter to
Judge Banner re his "Findings"
Motion
for Recusal of Judge Banner
My
Response to Judge Banner's "just-now-being-made" Findings
(filed in the appeals court)
My Rule 298 Request for Clarification (filed in our
294th District Court, regarding the new "findings")
. The
Appeals Court has spoken - Except they made up the
"facts" and sprinkled some law on top
My Petition for Rehearing En Banc
- Asking ALL (en banc) the judges that this is not per the Law
(as a group, en banc)
Haven't these guys ever heard about our Constitution!!??
pictures
DENIED!
Now to the
Texas Supreme Court (still more paper)
My Petition:
Front section
Main body
Then they think they LOST it!
A failure to communicate - short and self explanatory - would be funny if it were
not so sad
or "Did the
Texas Supreme Court really LOOSE 24 lbs of my documents, or WHY?"
Motion to file another set
- like above letter, except more formal. Maybe they will find my documents first?
Civil RICO Suit
against the Dallas lawyer For perpetrating a scheme to "deprive of honest service"
(i.e.
lawyer
lying in court) violates the anti-racketeering statute ("RICO").
EASY READING. MAKES "RICO" UNDERSTANDABLE. ("RICO" is really
very simple) See why
bad lawyers (and bad judges) hate civil RICO.
"A Beautiful Mind" Lawyer's closing argument.
Then see "predicate act 7" in suit above..
Petition for writ of mandamus The assigned judge won't show!
Trying to make him show up.
The
Appeals Court has
DENIED! my writ of mandamus. ( ???, the judge does not need
to show?)
INQUIRY LETTER Is someone custom picking judges?
ASSIGNMENT of Judge
Donald Jarvis
Go to www.firstadmin.com and "Get Court Assignments by the Judge of your choice."
STATUS: waiting on the judge assigned by
Dallas to show up
inquiry letter
Going looking for a lawyer
The Wallace "good old boy" network as seen from Henderson
County. Pretty good summary of the "beaver dam" scheme in Wallace's
[old] court
Letter to Senate
Judiciary Committee (regarding "white collar crime" in the courts. "Enron-itis"?)
Miscellaneous.
Happy
Holidays What if we were through with the old year, and
the new one were not ready to start!!!
COSMOLOGY - "a theory of everything?"
Does there really have to be a reason?
a modest proposal How commissioners can REALLY save money
Lessons from the fire ants
Why ants always get into electrical control boxes and gum things up
power outage exercises? A tax on throwing rocks? and other tools to
fight terrorism.
No more wild hog stories
Just WILD predictions
Lessons from the
wild hogs The grass roots war
Hog alert! Hogs can be a problem. So can "beaver dam" schemes.
SEE ABOVE.
Institutions matter Reflections on
Liberty and Justice at Home (and looting and lawlessness in Iraq)
In praise of JP courts
"where there are fewer lawyers involved"
Self Evaluation Quiz
"For Democrats and Republicans alike"
Domestic white-collar
terrorists A threat to the economy and the war on terrorism
ALL ABOARD! Let us make the most of what we
got
Journey of the ship of state On freedom under the law
On Free
Speech and Due Process Lawlessness in the name of the law.
There is no 9-1-1 to call!
Happy New Year Suggestions for OPEN
local government
Thanks
Happy
Holidays
County judge race:
Archive
of my 2002 run as an independent candidate for county judge
District judge race:
Rocks (newspaper ads) I threw into the district judge race:
"Is it fair for lawyers
to contribute to judges?" It is not against the law, but is it right?
"fashioned innovations" or
"lawlessness" in Wallace's [old] 294th District Court
"Wallace Receives Bar Award"
"294th District Judge
Wallace Endorsed by Good-Old-Boy Network"
No 9-1-1 to call for crimes
committed in the courtroom!
Complaints of corruption in Wallace's [old] Court
ISSUES BEING CONSIDERED:
Tort Reform (hot topic in Austin. House Bill 4,
"Trial Lawyer Extinction Act")
Whether Texas district judges should be
elected or appointed
Whether the Rules of Civil Procedure (rules of
court) should be taught in high school
How to get more people to watch what goes on in
our courts (and make better jurors)
How Texas trial lawyers are among the best in the
nation at representing plaintiffs before juries,
yet ineffective
when it comes to defending themselves in the court of public opinion.
(Answer:
In court they can get by with lying)
HOW THIS SITE CAME TO BE - My intent is to have US learn how
to improve justice in OUR county, rather than just do LAWYER bashing. There
are good lawyers.
This site grew out of my old campaign web site when I tried
to run as an independent for Van Zandt county judge in 2004 on a platform of OPEN
GOVERNMENT. That run sprang from being politically awakened after finding
myself suddenly being run over in the [old crooked Wallace] District Court.
I have since come to recognize that even good lawyers
cannot provide JUSTICE, if WE should fall back on OUR
old ways, of IGNORANTLY rubber stamping (electing) a bad lawyer
which the bad lawyers want to push on US to be THEIR
[CROOKED] JUDGE.
NOTICE:
Any erroneous reflection upon the
character, standing or reputation of any person or firm or
corporation
which may appear on this site will be gladly corrected upon being brought to my
attention.
Also, if I have erred in any facts,
or conclusions, or if your facts or conclusions differ from mine,
please let me know. E-mail: Brnbm@aol ,
Snail-mail: Udo Birnbaum, 540 VZ County Road 2916,
Eustace, TX 75124, Phone 903/ 479-3929