Appropriately on Independence Day, July 4th, 2018, on behalf of Citizens for Fair Representation (CFR), our attorneys filed a Writ of Mandamus with the United States Supreme Court asking the court to compel the District Court and the Ninth Circuit to impanel a three-judge court. A couple of days earlier the attorneys also filed a motion to stay the proceedings currently underway in Federal Court for the Eastern District.
Mark Baird said, “These motions will serve to eliminate any judicial misunderstandings, inappropriate communications between the Federal Appeals Court and the trial judge. We believe it is time to appeal to the highest court in the nation for relief in our battle to restore representation and find our path to statehood. “
Mark further explains, “A Writ of Mandamus is a directive issued by a higher court in order to direct a lower court or public official to undertake a specific action. We (CFR) are asking the United States Supreme Court to answer two questions, then based upon those answers, to direct the Federal Court to, establish a three-judge court to rule on the State's motion to dismiss. If the Supreme Court agrees with our legal argument, we will carve a path for our case to be heard before the United States Supreme Court.“
“Additionally,” said Mark, “our motion for a stay in the Federal proceedings was filed to prevent the federal judge from ruling on motions we believe she has no jurisdiction to adjudicate. We think it was prejudicial of the judge to ask another court to guide her in ruling on a motion they were not party to.” Mark asks, “How can the Ninth Circuit possibly rule on motions, when no one from the circuit was present to hear testimony or read the filings?” Mark continues, “Also there is no precedent for a judge to request a three-judge court and then recant the decision because another court told her to, without the other court having heard any of the evidence. That is why we have taken this action.”
Questions We Are Asking the Supreme Court:
First, can a single judge rule on a motion to dismiss an apportionment or lack of representation case for a lack of standing and does the Supreme Court's unanimous opinion in Shapiro v McManus require the motion to dismiss be heard by a three-judge court appointed pursuant to 28 USC 2284(a)?
Second, can the Chief Circuit Judge interfere with a district judge's exercise of responsibility pursuant to 28 USC 2284 (b)(1) by instructing the district judge to withdraw the notice for a three-judge court and then hear the motion to dismiss as a single judge district court?
Mark said, “There is only one circumstance where a single trial judge can be trusted to rule on apportionment cases alone. That is when the cases have been determined to be utterly frivolous and without merit. According to the court record, Judge Mueller made the statement that our case was “a very serious question.” Judge Mueller also stated, on the record that she wished she had two other judges to help her decide the case.”
“Her ethical remedy would have been not to renege on the order for the three-judge court to begin with. Further, there is no legal precedent for her to make a ruling calling for three judges and then to change her mind later” added Mark.
“Ladies and Gentlemen of Jefferson, we believe our prayers have been answered. We believe that the Supreme Court will find in our favor.” concluded Mark. Click here for the: Link to video.
Terry Gherardi (Edited)
COURT CASE AND DONATIONS
Mark Baird reminds us that, “The process and procedure in the Supreme Court is onerous and expensive. For example, we must produce sixty book bound copies of our pleadings and evidence on sixty weight paper. A very expensive process.” Mark added, “We need help. Please donate as much as you can. Please talk to local businesses, ask all your liberty minded friends and neighbors to help. We have an excellent chance to restore liberty and representation, if we can afford to pay!”
Tuesday, July 10, is the deadline to make your Tax Deductible donation to the Jefferson Formation through the Citizens For Fair Representation legal fund that will be matched by a donor in any amount of $100 or more.
This is in coordination with the El Dorado County State of Jefferson Business Showcase & Fundraiser, on July 10, at the American Legion Hall, 4561 Greenstone Road, in Placerville, from 4 to 8 pm. Only checks will be accepted and must be made out to PECAN (Patriots Educating Concerned Americans Now). The memo portion of your check must read: State of Jefferson or SOJ Formation Legal Fund.
Checks will be accepted at the event or you may mail to Sharon Durst, P.O. Box 569, Somerset, CA 95684. If you should want to mail a check and are concerned about your check being received on July 10, please email your pledge to Sharon Durst email@example.com or Terry Gherardi firstname.lastname@example.org and they will be sure your donation will be added to the Match Fund. For questions about the Showcase call Terry Gherardi @ 530-677-4294.
This one time 501 c3 $10,000 Match by a generous donor, offers the opportunity to deposit $20,000 in the State of Jefferson Formation legal fund, just in the nick of time, as we digest the news about the filing of CFR's writ with the U.S. Supreme Court. This means we may very well be entering a whole new level of the court process as we continue our fight for equal/fair representation, not only for the 23 counties of Jefferson, but for all citizens in California's 58 Counties. History in the making!
Twenty thousand dollars is a great addition and jump start to this next level of fundraising goals, but we all need to come up with new events and programs and step up the pace to secure donations for the legal fund. Thus far, we are just about half way there of our original goal of $1 million.
After July 10, you can still make Tax Deductible deductions by check only in the amount of $100 or more, made out to PECAN, with memo reading SOJ Formation Legal Fund, but mailed to State of Jefferson Formation, P.O. Box 751, Palo Cedro, CA 96073.
Smaller non-tax deductible donations, can be made by sending checks to the Palo Cedro address, or by other options on the SOJ 51.orgweb site and click on Donations.
We ask that your county committees put your heads together and come up with some ideas, small or large, to host events or town halls. As mentioned in the past, an ice cream social, with games, drawings on a Sunday afternoon, can be a great family affair that also educates those about Jefferson and our goals for representation.
You can include drawings, bake sales/auctions within a town hall. Reach out to businesses for donations of goods or services. Reach out to those on your database and ask if they could squeeze out even small monthly donations. Five dollars or ten dollars coming from hundreds of small donors adds up quickly.
With your help, together we can make history by forming a new state.
Terry Gherardi (Edited)
July 8, 2018
Join us to find out about the latest happenings in Jefferson.
“Why We Need The State of Jefferson” - Alexander Horat, a 14 year old resident of Tuolumne County has written an impressive book, “that provides an insight to the current problems facing the State of California, such as the lack of representation and how social policies are infringing upon people's liberties and freedom.”
Alexander encourages everyone to purchase and read the book, available at Amazon, in paperback, for $8.95. Alexander said he is interested to hear how you liked his book and also suggests that you buy them, and “sell them for more” at your various fundraisers, meetings & event booths. Hopefully, Alexander will find some time to travel to our Jefferson Counties for book signings and speaking engagements.
A Huge Thank You to Our Newsletter Staff
Dianna Baird Ginny Rapini Terry Gherardi Penny Garland