Sovereign Citizens & Managing the Paper Flow. New Clerk Academy 5/8/2018

Transcription

1 Sovereign Citizens & Managing the Paper Flow New Clerk Academy 5/8/2018 1

2 Meeting Objectives The purpose of the session is to discuss the ideologies of the Sovereign Citizen Movement (SCM) and the best practices for managing the paper flow of Sovereign Citizen documents in your office. Attendees are encouraged to ask any question they have regarding the subject matter. Questions do not have to be held till the end of the session. 2

3 Introductions Christopher Chris Douglas, Senior Manager to the Clerk Duval County Clerk of Courts. 17 years of service with the Duval County Clerk of Courts in roles ranging from frontline worker, Information Technology, and to Senior Management. Wendy Butler, Manager to the Clerk Duval County Clerk of Courts. 27 years of service with the City of Jacksonville and the Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3

4 Sovereign Citizen Movement Movement began in the early 1970 s but did not mature until the 1980 s. Started as a White Supremacist and Anti-Semitic hate group. Today the movement consists of loosely organized collection of groups and individuals who believe that virtually all forms of state and federal government are illegitimate. Sovereign Citizens believe that there are really two governments. The De Jure or Legitimate government or the De Facto or Illegitimate government. 4

5 Sovereign Citizen Movement Referred to as constitutionalists, freemen or common law advocates, they use tactics such as harassment, threats and intimidation against their enemies. The core of sovereign citizen beliefs are based on their own version of law that is derived from a combination of the Magna Carta, the Bible, English common law, and various 19 th century state constitutions. Sovereign citizens believe that the de facto government enslaved all Americans by creating a special class of citizen with the 14 th Amendment where members have no rights, only privileges. 5

6 Sovereign Citizen Movement Sovereign citizens believe the government tricked Americans into becoming citizens by offering them privileges such as drivers license and social security. These privileges are hidden contracts with the government where Americans unknowingly gave away their sovereignty. Although members of the SCM have demonstrated violence against law enforcement authorities, those appear to be perpetrated by a small faction of the movement with most members remaining non-violent. What is a Sovereign Citizen? Many Sovereign citizens attempt to split themselves from their Straw Man or government issues name and refer to themselves by their Free Man name. Strawman Propaganda 6

7 Sovereign Citizen Movement Sovereigns will go as far as to creating their own documentation for birth, travel, and currency documentation Sovereigns have been known to track users visiting their webpages. 7

8 The Basics: Have a Subject Matter Expert (SME) Have a primary Subject Matter Expert in the office. (The SME should have a back-up) Provides a single point of contact for the Clerk, customers, and government agencies. Singular resource gatherer and training provider. Individual that can knowledgably testify on behalf of the Clerk if necessary. My Sovereign Citizen is your Sovereign Citizen. 8

9 The Basics: Interacting with alleged Sovereign Citizens Treat them with the same courtesy and respect you would every other customer. (No matter how hard they make it on you.) Avoid legal conversations and arguments. Do not refer to them or the documentation as related to the Sovereign Citizen movement. Be consistent! Orange County Comptroller SC Interaction 9

10 How to Identify Documents Entries behind their name: Sui Juris Ens legis El-Bey Without prejudice of rights UCC 1-308/

11 How to Identify Documents Self Titles: The Executor Director Sole Beneficiary Sole Shareholder Aboriginal Free Man Man on the Land Non-Resident Alien 11

12 How to Identify Documents Other common identifying documents, words or phrases: Strawman De facto government References to UCC IRS Form 1099-OID Who is the victim? Common Law Usage of red ink fingerprints Brackets around zip codes Other Identifiers: Travelers Documentation in lieu of Driver s License or Passport Citizen documents for non-existent countries or territories Strange addresses or Post Office addresses on envelopes or documentation 12

13 Filings/Recordings: What are our The Background: options? Legal Opinion and steps provided in Advisory Bulletin

14 Filings/Recordings: Accepting Accepting Documents: For documents that meet the requirements to be filed on a case or in the Official Record accept them as you would any other document. The Recording and Filing requirements are subjective to each Clerk s office based on interpretation of statutes and rules. An exception to this suggestion exists for the Common Law Grand Jury Affidavit and Writs of Mandamus specific to. 14

15 Filings/Recordings: Refusal For recording utilize a form like the Non Recordable Document. For case files utilize miscellaneous filing receipt or letter explaining reason for not accepting the document. (Optional) Avoid providing specific detail on how to make the document acceptable. (Legal Advice) 15

16 Filings/Recordings: Miscellaneous Filing Option What is a miscellaneous filing option? (see example) When do we utilize this option? Storing original documents vs. electronic storage. (Send Originals to Law Enforcement) Reproducing for Public Records Request and Retention schedule. (GS-1 Item #3) 16

17 County Function Mail Flow Chart County Function: Submission via Mail Process Document(s) presented for recording into the Official Record. Is the pleading a Writ of Mandamus or Common Law Grand Jury Affidavit? Yes Refuse to accept document(s) based on failure to meet statutory requirements. Provide Notice of Non-Recordable Document. No Does the document meet statutory requirements for filing? i.e or No Provide Notice of Non-Recordable Document or Notice of Miscellaneous Filing. Report to Supervisor at the completion of the transaction Yes Record document(s) into the Official Record. If document is a suspected Sovereign Citizen filing report to Supervisor at the completion of the transaction. 17

18 County Function OTC Flow Chart County Function: Submission via OTC Process Document(s) presented for recording into the Official Record. Is the pleading a Writ of Mandamus or Common Law Grand Jury Affidavit? Yes Refuse to accept document(s) based on failure to meet statutory requirements. Offer notice of Non-Recordable Documents or alternative option of Miscellaneous Filling. No Refuse to accept document(s) provide a Notice of Non- Recordable Document No Does the document meet statutory requirements for filing? i.e or No Is offer accepted? Yes Record document(s) into the Official Record. If document is a suspected Sovereign Citizen filing report to Supervisor at the completion of the transaction. Alternative option is to offer Miscellaneous Filling Yes Provide Misc. Filing Receipt. File document(s) with Supervisor at the completion of the transaction. 18

19 Court Function Mail Flow Chart Court Function: Submission via Mail Process Pleading(s) presented via mail for filing on new or existing case Does pleading meet departmental filing requirements? No Refuse to accept pleading based on departmental procedures. Follow-up with a letter requesting clarification. Yes Is the pleading a Writ of Mandamus or Common Law Grand Jury Affidavit? Yes No Provide a notice of Miscellaneous Filing. Report to Supervisor at the completion of the transaction. File pleading according to departmental procedure. If document is a suspected Sovereign Citizen filing report to Supervisor at the completion of the transaction. 19

20 Court Function OTC Flow Chart Court Function: Submission via OTC Process Pleading(s) presented OTC for filing on new or existing case Does the pleading meet departmental filing requirements? No Refuse to accept pleading(s) based on departmental procedures. Yes Yes Does the pleading have a case number present on the face of the document? Yes File pleading according to departmental procedure and provide to Supervisor at the completion of the transaction. Is the pleading a Writ of Mandamus or Common Law Grand Jury Affidavit? No Offer refused. Return document and end transaction. No Refuse to accept pleading and offer Miscellaneous Filing. Is offer refused or accepted? File pleading according to departmental procedure. If document is a suspected Sovereign Citizen filing, report to Supervisor at the completion of the transaction. Offer accepted. Provide Misc. Filing Receipt. File pleading with Supervisor at the completion of the transaction. 20

21 Reporting Filings: When and Who to Notify (Build Relationships) All suspected or alleged filings should at the least be reported to Sara Sanders with the FCCC. Local Law Enforcement, FDLE, and FBI Court Administration or Judicial Staff Attorney Clerk Counsel Your Neighboring counties. 21

22 Reporting Filings: What to Provide Full name of the filer and any aliases. Case numbers or Clerk File Numbers where the filings can be found. Electronic Images if not to large to . Web Access if applicable, or other digital delivery. Any details that law enforcement requests. 22

23 Real Life Examples C. Williams: Filed a Notice of Distress Bond (Lien) for a sum of 2.8 million dollars against Court Officials and the Clerk. Found Guilty and sentenced to two one year confinements to be served consecutively. 23

24 Real Life Examples S. Hephzibah: Created and filed simulated documents with many agencies including the clerk. Arrested and served time in jail on multiple counts. 24

25 Real Life Examples Anthony Williams Common Law Offices of America. Has served jail time on multiple charges. (Videoed interaction with Google Glasses in Duval County Courthouse and Federal Courthouse located in Jacksonville.) 25

26 References Southern Poverty Law Center: Anti-Defamation League: 26

27 Conclusion Thank you! Question & Answers 27