J.A.I.L. News Journal
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Los Angeles, California                                             March 3, 2005
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California JAILer Fighting For The Protection of the People's Rights
If you'd like to express your appreciation to Don Bird, email him at patriot@rtr.net. He's been with J.A.I.L. for almost four years, all the time actively standing up to the judicial tyranny in northern California.
Thank you Don!  And thanks to the Red Bluff Daily News!
editor@redbluffdailynews.com (530) 527-2153
 
Red Bluff - Tehama County [California]
DAILY NEWS - The Voice of Tehama County since 1885
Wednesday, February 23, 2005 (story on page 3A)
 
Corning Constitutionalist Files Lawsuit Against Judge
By Rebecca Wolf, DN Staff Writer
 
RED BLUFF - 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 Constitutional rights.
 
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 immunity doctrine.
 
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 permitting.
 
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 Constitutional."
 
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. 
 
Don't forget our National J.A.I.L. Rally on March 14th in Newport Beach CA.
 
 --Barbie, ACIC, National J.A.I.L. Admin.
victoryusa@jail4judges.org

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