Date: Fri, 31 Aug 2012 15:10:49 -0500
Subject: Employees' Oath of Office
From: yahseph@gmail.com
To:
Thought the following posting and discussion was very telling about the importance of a gov't/corporate employees' oath of office!!!
... they can be held "personally" liable for stepping OUTSIDE of their chartered purpose and their failure to protect you, the "Beneficiary"!
am:)
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Here's an interesting case where conviction was reversed because of improper oath. I don't know if we can count on that though, since when I checked oaths of 14 judges here in Cali a few years ago, none of them had an oath EXACTLY according to California Constitution, since it was slightly different. So if the court system REALLY was serious about throwing out convictions because of improper judge's oath, they'd have to cancel ALL convictions in California in at least the last 10 years!
I think these slightly different judges' oaths are a SCHEME to deceive people to make it look real, while giving the judges an excuse when they get charged with violating their oath, because of enforcing on people corporate statutes instead of the laws of the Republic. So that when people wise up to their corporate scheme and charge them with violation of their oath to uphold the Constitution, they then can say "Oh we didn't violate that oath, since we never swore the EXACT required oath, so the oath was not real, so we couldn't have violated it. I.e. it'd be like a WEASEL clause.
http://www.northcountrygazette.org/2008/06/22/improper_oath/
Improper Oath Reverses Murder Conviction
By North Country Gazette On June 22, 2008 ·
By June MaxamTROY—So you think taking an oath is just a technicality?
The conviction of Michael "Murder" Hoffler, 28, serving a life prison term without the possibility of parole in the 2003 killing of a police informant, was reversed last week by a state appellate court because potential jurors weren't given the proper oath in Rensselaer County Court.
In sending the case back for a new trial, the state Supreme Court, Appellate Division, Third Department reinforced that "Oaths are not formalities, are sacred, and no citizen need expose himself [or herself] to loss of liberty and property by people who are not sworn".
That same standard is applicable to judges too.
When the North Country Gazette and the NYS Oaths Project conducted a survey of judges statewide during 2003 and 2004, it was learned that over 90% of individuals claiming judicial office had never taken and filed their oaths of office and bonds as required by law.
Town justices across the state were illegally performing judicial duties including sending people to jail without having legal title to the office but when it was brought to their attention, they poo-pooed the challenge, became defensive and said, so what.
Then the verdict came in.
No oath, no office.
The North Country Gazette and NYS Oaths Project were successful in forcing the state Legislature and Office of Court Administration to admit that judges and justices across the state were in gross non-compliance of the law, prompting the Legislature to address the issue with new legislation to try and stave off a rash of litigation of challenges to decisions made by black robed imposters.
The Oaths Project also discovered that when George Ceresia of Rensselaer County was appointed administrative judge of the Third Judicial District in 2004, according to the Secretary of State's office, Ceresia had never filed his oath of office when first elected Supreme Court Justice in 1994. He wasn't even legally a judge, by matter of law, and shouldn't have been named to head other judges in the district.
The law is very specific, stating that judicial oaths must be filed within 30 days of the commencement of a public officer's term or else they vacate the office as a matter of law.
The vacating of Hoffler's murder conviction due to an improper oath having been administered to potential jurors in the courtroom of county judge Patrick McGrath could have far reaching effects in Rensselaer County criminal cases and could affect scores of other cases tried in that county."We will in the future have the court clerk presiding at the trial read the oaths before the judge and other parties in the courtroom," said Court Clerk Richard Reilly. "We are going to follow the letter of the law in the criminal procedure laws so that this does not happen again."
So a man adjudged guilty of murder goes free because the proper oath wasn't administered. How about those judges that have been sitting in judgment of others without having taken and filed their oath of office?
Courts have held that if judges and justices are not in office legally by not having performed the ministerial task of taking and filing their oath in a timely manner, they are not entitled to collect a salary and benefits from the taxpayers. The oath of office issue has been labeled a technicality by many and shoulders are shrugged, eyes rolled and deep sighs exuded when a litigant or defendant raises the issue if the judge or other public officer has taken and filed his or her oath, if he or she has the authority to sit on the case and if decisions are void if the judge has no oath or bond.
Justice Anthony Carpinello, a native of Rensselaer County who is being opposed in his bid for another 14-year term by McGrath, trial judge in the Hoffler case, did not take part in the 4-0 decision.=========END INSERT===========
