By John Wilson

"Throw the bums out!"

It's a refrain often heard from dissatisfied voters, but one group of Vermonters says many of the state's judges and elected officials do not have any legitimate authority to serve and should step down as soon as possible. They are part of a nationwide activist movement called "Jail4Judges."

They gathered in Montpelier on Friday, March l, for an organizational meeting' and to protest outside of the Washington County Superior Court House. A man who wanted to be referred to only as Dave appeared to be a spokesman for the group and said, "We are purposely not organized. If people ask who is in charge, well, everyone is." Dave said most citizens are not stupid but are ignorant of the rights and power they have under the law. He began researching constitutional law after he unsuccessfully sued a bank that had denied him a loan. The bank maintained it had to keep the tax returns he had shown them on file for two years to comply with federal equal opportunity laws. He wanted the returns back and extended the reach of his lawsuit to include the head of the Federal Reserve Alan Greenspan. It was dismissed.

He is quite serious about adhering to the letter of the law but is also a bit of a prankster.

"It's fun being a plaintiff," he said. I He chuckled as he told how he fired off a letter to Greenspan informing him he had no authority to serve and gave him two weeks to clear out of the office. There was no response.

As for this state's governor. lieutenant governor, attorney general and many of the highest ranking judges Dave said they have no legal authority. He pointed to a state law from 1793 requiring state office holders to take, sign and officially record an oath of allegiance BEFORE assuming office. Howard Dean, Doug Racine, William Sorrell did take, sign and record the oath on file at the Secretary of State's office but not until the summer of 1997.

Some say it's just a technicality or formality, but when was the last time that excuse was acceptable down at the DMV?

As a matter of fact, several of those at the court house that day also said you do not legally needed a license to operate a motor vehicle. They maintain there is a legal right to travel and point to case law. The idea has yet to take hold among the nation's current judiciary. All the law enforcement officials contacted said you need a license to drive.

Judge Not

The Vermonters involved with "Jai14Judges" had many stories they wanted to tell about what they thought was judicial impropriety. They had been involved with court cases involving child custody, property and business disputes and home schooling, among other things. They had pages and pages of material to give out and go through. As with many court cases their stories were long and complicated. National "Jail4Judges" supporters see a unique opportunity in the state in the wake of the civil unions law, they said. The group wants legislators around the country to create special grand juries made up of average citizens to hear complaints against judges and have the power to levy fines and other sanctions. Currently complaints against judges are heard by other judges.

The small group held signs and banners outside the court house some strongly worded. One read, Vermont's elected" Officers," "Justices" and "Judges" -Butchers of the Constitution. They said they were there to exercise their free speech rights.

Less than three years ago a Bennington man, Scott Huminski, was ejected from a Rutland court house after he had parked his van outside of it with a poster that read "judge Corsones, Butcher of the Constitution" on the side of the van. The judge and another state judge issued no trespassing orders against the man that barred him not only from that court house but from every court house in the state.

Those court orders were overturned by Federal Court Judge J. Garvan Murta who wrote that the state judges had, "specifically and unjustifiably retaliated against Huminski because he had exercised his right to free speech."