California JAILer Fighting For The Protection of the
If you'd like to express
your appreciation to Don Bird, email him at firstname.lastname@example.org. He's been with J.A.I.L. for almost four years, all the time
actively standing up to the judicial tyranny in northern
Don! And thanks to the Red Bluff Daily News!
Red Bluff - Tehama County
- The Voice of Tehama County since 1885
Wednesday, February 23,
2005 (story on page 3A)
Constitutionalist Files Lawsuit Against
By Rebecca Wolf, DN Staff
- Self-proclaimed Constitutionalist Donald Bird has filed suit against
Tehama County Superior Court Judge Richard Scheuler alleging the judge
violated his Constitutional rights.
In the suit filed Feb. 10,
Bird claims that the Seventh Amendment allows him to have a trial by
jury to argue a speeding ticket he received in December. Bird also
claims the Eighth Amendment, concerning excessive fines, was violated
when he was forced to pay $190.
Scheuler declined to
comment on Tuesday saying that state law prohibited him from doing so.
However, in a ruling denying Bird's Motion to dismiss the case, the
judge maintains that the law as "passed by the Legislature, sanctioned
by the Supreme Court and found to be Constitutionally valid ... does
not allow jury trials for infractions."
Bird said that the judge is
putting the vehicle code and state law before the Constitution. "I
remind the judge that he is a public servant and he didn't swear an
oath to the California Penal Code or the Vehicle Code," Bird said. "He
owes his allegiance to the Constitution first."
The Seventh Amendment of
the Constitution reads, "In suits at common law, where the value in
controversy shall exceed twenty dollars, the right of trial by jury
shall be preserved ..."
Bird says there is no room
for interpretation. "It's clear cut," he said. "I have the right to a
trial by jury, period. There's no small print."
In his ruling, the judge
cites several cases including Crouchman v. Superior Court (1988) where
it was ruled that offenses "now classified as infractions by the
Vehicle Code were triable by the courts without juries."
Bird said that the $190
ticket is not relevant. He said that he is actually happy he received
the ticket because it opened the door for him to fight for the public's
Bird added that he believes
Scheuler is "a good guy." "Of all the judges, I don't know why it
had to be him," he added. "I have nothing against him as an
individual, but on this he's wrong."
Bird, a Corning resident,
is well acquainted with the judicial process. This is his fourth suit
fighting for Constitutional rights including one filed in December
against Shasta College for wanting to build the Tehama college center
in the north county.
He is also part of a
movement called the Judicial Accountability Initiative Law (JAIL) "that
will correct the Judiciary in the State," challenging the judicial
Bird has printed up signs
that read "Judge Scheuler obey your 'oath' " and plans to march with
them in front of the Corning courthouse Thursday morning, weather
While he is focusing on
Scheuler, Bird said that he has also talked with Assemblyman Doug
LaMalfa and hopes that the Penal Code can "be revised to be
For more information, Bird
can be reached at (530) 585-2779.
On behalf of National
J.A.I.L., we thank not only Donald Bird, a California JAILer for Tehama
County, but we are also grateful to the Red Bluff Daily News and DN
Staff Writer Rebecca Wolf in particular for the wonderful article
published on this important matter. That
publication has done a great public service in exposing this example of
judicial corruption, by just reporting "the facts."
Not only did the RBDN
publish the story, but they printed a photograph of Don Bird, wearing a
J.A.I.L. T-shirt showing the website, holding up the huge sign "Judge
Richard Scheuler Obey Your "OATH"! " It appears to be
taken in a parking lot, presumably of the courthouse. Don shows a
smile of satisfaction in what he is doing, not just for himself, but
for ALL OF US everywhere! Don, do you hear our loud round of
applause?? Listen.... It's there! Thanks for sending this
info to J.A.I.L.
forget our National J.A.I.L. Rally on March 14th in Newport Beach
National J.A.I.L. Admin.