Finding Out About Judge and Prosecutor's Oath of Office

My question involves traffic court in the State of: CA

Anyone have a good template or idea how to request Oath of Office for the officers and judges and prosecutors involved in a traffic case, using a Freedom of Information Act?

Maybe just a good template to use to contact the court clerks?

My suggestion: Put the opium pipe away and start focusing on things that have at least snowball's chance in Hades of helping you.

umm? what are you babbling about? Maybe you should educate yourself, it doesn't look like you area knowitall. Look at this:

http://www.naturalnews.com/036523_Ra...rsonators.html

If something on that scale was committed by "gov't officials" who did not have an oath of office, what are the odds a lowly police officer might not have one.

What exactly are you trying to allege? I doubt CA has any prosecutors or judges in the courtroom that are masquerading there. They generally tend to work with each other frequently and know each other.

I'm sorry - should I have said "crack pipe"?

You are free to waste as much time as you want figuring this one out by yourself. It's not worth anybody else's time to go chasing rabbits for you.

Please forgive me for interrupting. I've stated here before that I once got a traffic citation dismissed because both the municipal court and its judge had failed to get the proper authority from the state to operate. I now always demand a copy of current credentials and required training.

I do it through the discovery process, not the FOIA. Different states have different discovery rules and processes, but it boils down to using your rights to discovery and "demanding" the documentation. Google discovery process for your state, talk to the clerk of the court about it and you can get the documents or better yet, find out that they don't exist.

In a larger court, if you find out that the judge's credentials aren't in order, they'll just switch judges on you and fix the issue with that judge. You will have to find something fatal to the charge such as the citing officer's credentials.

I agree with Mr. Knowitall. If it's a state court you're trying to impeach, you're smoking crack. If it's the citing officer including any required current training, I consider it worth a shot.

$.02

He's talking oath of office. Maybe he got a bit hung up on Chief Justice Roberts' fumbling of Obama's inauguration, but really... dead end.

courts are not subject to the FOIA act....bye the bye

Knowitall, you really think this is a dead end? Even after cmre3456 just stated that he got a ticket dismissed because of this? I am most focused on the officer's certificates. That would be the very first thing anyone should check, to see if the officer is even legally authorized to be writing tickets in the first place.

I don't really see how you can really think that is not a big deal...are you smoking crack?

Cmre3456: So I have submitted Discovery requests and they are either ignored or given a response saying the DA is not responsible for traffic tickets or Discovery. What now? That's why I'm thinking just a simple FOIA request to the city/court/state clerk to pull the oaths would work.

Quote:

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Quoting surfer349

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Knowitall, you really think this is a dead end? Even after cmre3456 just stated that he got a ticket dismissed because of this? I am most focused on the officer's certificates. That would be the very first thing anyone should check, to see if the officer is even legally authorized to be writing tickets in the first place.

I don't really see how you can really think that is not a big deal...are you smoking crack?

Cmre3456: So I have submitted Discovery requests and they are either ignored or given a response saying the DA is not responsible for traffic tickets or Discovery. What now? That's why I'm thinking just a simple FOIA request to the city/court/state clerk to pull the oaths would work.

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Mr. Knowitall is exactly right. If you challenge a state court you're smoking crack. It will never work.

I never said that I was successful at what you're proposing. My state has municipal and judicial courts which are inferior to, and subject to the state courts. I found out once that neither a municipal court or its judge had the proper authorization to operate and got a case dismissed.

Now, we do ask for discovery, especially with radar. We ask for the officer's proof of current training in that make and model, the requirements and compliance with calibration of the radar and so on. I ALONE probably ask for documentation showing that the officer is a properly trained and duly sworn police officer. That documentation would vary in your state.

I have never been successful challenging an officer, his radar unit or his training but many others have. Some departments get sloppy with that. I always try but not everyone does. I take every shot which I know has any possibility of winning the case IF I'm involved in a case which is going to plead not guilty. It isn't always smart to plead not guilty.

I don't know your state at all and I hope others who do weigh in. I would demand discovery from the police department because I want police department records and the police department cited me. In no case should you need the FOIA. You have been charged and you have a right under the law to discovery.