Utah Judicature Reformation Movement

2008-01-22T02:00:00.000-07:00

Keith Stoney, Utah Ex cop and Judge, Domestic Violence

"...And there will be one master and ruler for all of us in common, God, who is the author of this law, its promulgator, and enforcing judge. Whoever does not obey this law is trying to escape himself and to deny his nature as a human being. By this very fact, he will suffer the greatest penalties, even if he should somehow escape conventional punishments."
--Cicero’s definition of natural law from his book, On the Republic, published in 51 BC

At the end of this sojourn into Life experience, you stand and recount your experience in the light of full understanding and it is you who judge your own actions. No one judges you. You are then aware of what might have been had you lived your experience through extending the Love that created you rather than in pursuit of distractions that gave you no real satisfaction.
--Handbook for the New Paradigm

A Win In Kangaroo Court

2005-12-16T17:49:00.000-07:00

The following summary and links are from a court case of December 6, 2005 A.D.

Dear Team,

What a day – it looks like that the Plaintiff dropped the case after a very interesting morning session. The attached the MANDATORY JUDICIAL NOTICE (got filed last night) and the MOTION TO DISMISS (the real one), we filed this morning right before the Judge was to start the case. After is was recorded, it was hand delivered to the Judge by the Clerk – the Judge never came out to see us, made us wait for 45 minutes (he must have gone home to change his diapers? – then an other judge came to hear the case – told the Plaintiff’s Attorney to settle with me under all circumstances – we guess, the CACV/FLEET attorneys must have been told to get rid of this case and let me go free, since they did not want the Judge, or court to get cooked over our Bond claims along with other key content as you’ll see in the attached MOTIONS. There is much more to it – but let’s talk when we get to talk – great experience for all of us that made it to the court today – the “people” win, the corrupt bankers and government loses!

CACV/FLEET vs. OESCH Civil
Case # 0404035603RD DISTRICT COURT - WEST JORDAN COURT SALT LAKE COUNTY, STATE OF UTAH

Mandatory Judicial NOTICE

Motion to Dismiss Void Summary Judgment for Lack of JURISDICTION

CFR Lets Cat Out of the Bag

2005-07-14T19:22:00.000-07:00

The Council on Foreign Relations (CFR) has just let the cat out of the bag about what's really behind our trade agreements and security partnerships with the other North American countries. A 59-page CFR document spells out a five-year plan for the "establishment by 2010 of a North American economic and security community" with a common "outer security perimeter."

Click here for the rest of the story.

Christ and the Constitution

2005-06-28T22:24:00.000-07:00

God, Family, Country: Our Three Great Loyalties

Men receive blessings by obedience to God's laws, and without obedience there is no blessing. Before the final triumphal return of the Lord, the question as to whether we may save our constitutional republic is simply based on two factors: the number of patriots and the extent of their obedience. That the Lord desires to save this nation that he raised up, there is no doubt. But that he leaves it up to us, with his help, is the awful reality.

There were men at Valley Forge who weren't sure how the revolution would end, but they were in a much better position to save their own souls and their country than those timid men whose major concern was deciding which side was going to win, or how to avoid controversy. The basic purpose of life is to prove ourselves, not to be with the majority when it is wrong. Those who hesitate to get into the fight for freedom because they're not sure if we're going to win fail to realize that we will win in the long run, and for good. Time is on the side of truth, and truth is eternal. Those who are fighting against freedom and other eternal principles of right may feel confident now, but they are shortsighted.

This is still God's world. The forces of evil, working through some mortals, have made a mess of a good part of it. But it is still God's world. In due time, when each of us has had a chance to prove himself—including whether or not we are going to stand up for freedom—God will interject himself, and the final and eternal victory shall be for free agency. And then shall those weak-willed souls on the sidelines and those who took the wrong but temporarily popular course lament their decisions.
--Ezra Taft Benson

God, Family, Country: Our Three Great Loyalties
[Salt Lake City: Deseret Book Co., 1974], 325.)

Complete text at The Watchtower

Why We Need Martial Law

2005-06-21T09:30:00.000-07:00

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Martial Law was declared November 14, 1997 in the state of Utah.

Its property was seized by the State of Utah on November 28, 1997 AD, 14 days after Martial Law was declared by the Governor of the State of Utah because it was under the influence of racketeering corrupt organizations, and to stop the "paper money" false coin and fictitious credit banking schemes advanced by those in rebellion against the Constitution and laws of the State of Utah and the United States of America.

A federal grand jury at 350 South Main Street in Salt Lake City, Salt Lake County, State of Utah, twice indicted the Federal Reserve Bank in this district-the San Francisco District, for issuing false securities in the State of Utah, which are in fact not redeemable in gold and silver coin of the United States or in foreign coin of regulated value.

The state of Utah remains under martial law to this day but the conspiracy continues to advance with the acquiescence of the vast majority of the community who, like a deer in the headlights, fail, indeed, to accomplish that which is expedient or otherwise chose to do nothing, or worse, to actively participate in the rebellion.

An Essay by John Kaminski

The American government is criminal enterprise, and American law enforcement is complicit in the crime. The only way to stop the continuing crime spree is by a military takeover and a declaration of martial law. Hundreds of cops, attorneys and judges need to be in jail.

The military needs to investigate virtually every law enforcement operation in America. Every town, city, county and state in America is afflicted by criminal behavior in its law enforcement and court apparatus.

In addition, there is another important reason for a military takeover, and that is to redeploy our forces to defend our country, rather than to misuse and abuse them by plundering innocent nations for the criminal corporations who control so many of our politicians.

Click here to read the full essay.

Utah Governor De Jure Jailed

2005-06-09T20:51:00.000-07:00

Utah Supreme Court says authority is de facto.

West Valley City Case No. C 04 06941
Utah Supreme Court Case No. 20050475-SC

On June 7, 2005, in a West Valley City Municipal Unofficial Justice court, after being denied a jury trial or witnesses on his behalf, Keith L Stoney, Unofficial Justice, sentenced Thomas B. Ginter to ten days in jail, denied his motion of appeal, subpoenas, a trial de novo, confiscated his property, and sent him to jail, in violation of all the provisions of Article I Section 12 of the Utah Constitution.

Lawrence Rey Topham, acting Governor of the State of Utah, under martial law, was then summoned to the bench by Unofficial Justice Stoney, held in contempt, sentenced to five days in jail for disobeying his Unofficial order not to practice law, and was taken to jail for helping Thomas B. Ginter prepare his defense.

A response in opposition to the petitioners writ of prohibition by the Attorney Generals office, in the Utah Supreme Court, cites State of Utah v. Sawyers, 819 P.2d 806 (Utah 1991) stating that The Court held that under the de facto doctrine, the acts of one who assumes official authority and exercises duties under color of a valid appointment or election are valid where the community acquiesces to his authority.

Alpha and Omega

2005-06-05T23:26:00.000-07:00

They Chewed the Constitution to a Pulp

Now they are spitting it out in our face! The unofficial misonduct is clear, and the Bar Number seems to mirror the agenda:

Mark L. Shurtleff, unofficial Attorney General #4666

IN THE SUPREME COURT OF UTAH
Case No. 20050475-SC

Re: West Valley City Case No. C 04 06941

State of Utah respondent’s response in opposition to petition for
Writ of Prohibition.

“Second, Petitioner contends that none of the named defendants have any authority to act because they have not filed their respective oaths of office. This argument has been considered and soundly rejected by this Court. In State of Utah v Sawyers, 819 P.2d 806 (Utah 1991). The Court rejected the appellant’s argument that the country attorney did not have authority to prosecute him, and consequently that the district court did not have jurisdiction over his criminal case, because the prosecuting county attorney had not complied with the statutory requirements qualifying him to hold office. The Court held that under the de facto doctrine, the acts on one who assumes official authority and exercises duties under color of a valid appointment or election are valid where the community acquiesces to his authority." (My empahsis)

You can learn more about the above citation at AG Opinion Number 91-016

This is a bunch of bunk!

Let me see if I have this straight. The people hold an election. Those elected fail to qualify by taking and subscribing an oath to uphold and obey the Constitution, then operate a de facto government capriciously ruling with de facto doctrine without any authority derived from the people, through the Constitution, and administer unconstitutional acts (theft of property without due process) to people who, in good faith, expect these elected officials will honor and obey and defend the law of the land, who then argue that the community acquiesces? to their unofficial misconduct forced at the end of a barrel?

I don’t think so!

Applicable statutes are controlling and may declare vacancy to exist if the person chosen for the office fails to accept or qualify as required by law. Parker v. Overman, 59 U.S. 137, 15 L.Ed 316.

There remains little necessary to prove that unconstitutional acts are illegal, rather than legal.

What happens when a government, federal, state, county legislate then enforces Acts in opposition with the Constitution? It becomes de facto, a de facto government is despotism and tyranny, and a de facto officer can be removed without being impeached. So view what Black's Law says about de facto.

"De facto government. One that maintains itself by a display of force against the will of the rightful legal government and is successful, at least temporarily, in overturning the institutions of the rightful legal government by setting up its own in lieu thereof."

De facto judge. A judge who functions under color of authority but whose authority is defective in some procedural form.

De facto. In fact, in deed, actually. This phrase is used to characterize an officer, a government, a past action, or a state of affairs which must be accepted for all practical purposes, but is illegal or illegitimate. Thus, an office, position or status existing under a claim or color of right such as a de facto corporation."

"De facto Doctrine will validate, on grounds of public policy and prevention of failure of public justice, the acts of officials who function under color of law."

And then, there is 'Color' of law. Black's clears the word up.

Color. An appearance, semblance, or simulacrum, as distinguished from that which is real. A prima facie or apparent right. Hence, a deceptive appearance; a plausible, assumed exterior, concealing a lack of reality; a disguise or pretext."

Under our contracts with government, the terms were written, clarified and defined by those who signed the document, the States ratifying it understanding its provisions, and the people authorizing its ratification, sensible of the limited rights so surrendered. As with any contract, the provisions are binding until changed by those authorized to change it. The ones authorized do not include the president of the United States, any congressman, a single State, or a judge including the Supreme Court. To think otherwise is to accept de facto despotism.

It’s time for a little Homeland Security folks!

More to follow when I get my blood pressure under control!

This is the end, and a new beginning.

God speed the shot heard around the world.

Ron Robinson
A Majority of One at One O’Clock

"A constitution is a compact of a people with their rulers; if the rulers break the compact, the people have a right and ought to remove them and do themselves justice; but in order to enable them to do this with the greater facility, those whom the people choose at stated periods, should have the power in the last resort to determine the sense of the compact; if they determine contrary to the understanding of the people, an appeal will lie to the people at the period when the rulers are to be elected, and they will have it in their power to remedy the evil; but when this power is lodged in the hands of men independent of the people, and of their representatives, and who are not, constitutionally, accountable for their opinions, no way is left to control them but with a high hand and an outstretched arm."
--Robert Yates 1788

Ignorant Leadership

2005-03-27T15:08:00.000-07:00

No Child Left Behind? Sure! Well take your paper money...

So the Utah Legislature, none of whom filed the constitutionally required oath of office, thought they could just waltz in and take a Federal bribe, and then cut the strings that come attached?

Bush administration officials have conducted round-the-clock negotiations in an attempt to prevent Utah from becoming the first state to ignore the school accountability law. The law establishes conditions for states and school districts with low-income families to receive about $13 billion a year in federal grants. Utah's share is about $116 million, which the state would lose if it spurns No Child Left Behind requirements. [Washington Times]

WRONG! They already took the bribe, so it was too late to back out. It’s no wonder these folks don’t know have a clue about what they are doing. They buried the Constitution under that huge pile of paper.

Why the people in the State of Utah continue to support these imposters is beyond comprehension. Waking them up is like trying to move Mount Olympus one foot to the left.

WITH A TEASPOON!

Utah’s Unofficial Government

2005-03-19T12:35:00.000-07:00

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A racketeering influenced corrupt organization...

This letter with the Great Seal of the State of Utah says Jon M. Huntsman Jr. is Governor and Gary Herbert is Lieutenant Governor for the State of Utah. The body of the letter says they’re not. Follow this link, or cut and past the link below into your browser to view this document.

http://lawrencereytopham.012webpages.com/Archivesletter10March2005AD.pdf

The confusion seems to run clear to the top. George W. Bush actually thinks he is the President of the United States of America. NOT

Now let’s see, where did we put those pesky constitutions? Oh, there they are, under this pile of weapons of mass destruction.

The Foundation of Natural Law

"In the supposed state of nature, all men are equally bound by the laws of nature, or to speak more properly, the laws of the Creator."
--Samuel Adams

Cicero’s definition of natural law.

2005-03-09T13:23:00.000-07:00

JON M. HUNTSMAN JR. (CFR) HAS FAILED TO QUALIFY AS GOVERNOR OF THE STATE OF UTAH.

The period to qualify for office for the November 2004 elections ended March 4, 2005 for the term beginning January 3, 2005

Despite our efforts to advise Jon Huntsman Jr. of his obligation under the law, and our invitation to help restore constitutional government, Mr. Huntsman has failed to qualify for the office of Governor of the State of Utah by filing his oath of office as prescribed by law, and is now acting as Governor of the State of Utah in violation of the law.

In compliance with Article 6 of the Constitution, the very first act passed by Congress and signed by President Washington on June 1, 1789, was the actual oath to support the Constitution that was to be administered to various government officers.
-President Ezra Taft Benson, October 3. 1987 A.D.

FAILURE TO FILE OATH OF OFFICE OR BOND WITHIN TIME PRESCRIBED BY LAW IS FATAL TO HOLDING PUBLIC OFFICE; THE OFFICE AUTOMATICALLY BECOMES VACANT; LATE FILING IS INEFFECTIVE; EVERY UNOFFICIAL ACT IS VOID; AND ANY SUBSEQUENT PROCEEDINGS ARE VITIATED.

Applicable statutes are controlling and may declare vacancy to exist if the person chosen for the office fails to accept or qualify as required by law. Parker v. Overman, 59 U.S. 137, 15 L.Ed 316.

76-8-203. Unofficial misconduct.

(1) A person is guilty of unofficial misconduct if he exercises or attempts to exercise any of the functions of a public office when:
(a) he has not taken and filed the required oath of office;

52-2-1. Time in which to qualify -- Failure -- Office declared vacant.

Whenever any person duly elected or appointed to any office of the state or any of its political subdivisions, fails to qualify for such office within sixty days after the date of beginning of the term of office for which he was elected or appointed, such office shall thereupon become vacant and shall be filled as provided by law.

Utah Code Annotated, 1953, Section 52-1-2
[Renumbered but unchanged from 65-0-2]

Whenever state officers, officials or state institutions, or other persons are required to give official bonds to the state, such bonds, unless otherwise provided, shall be approved by the state board of examiners, and recorded by the secretary of state in a book kept for that purpose. When so recorded the secretary of state shall deliver the originals to the state treasurer, excepting the bond of the state treasurer, and the treasurer shall become the legal custodian thereof, but the bond of the state treasurer shall remain in the custody of the secretary of state. The oaths of office of all state officials shall be filed with the secretary of state. (C.L. 17 Sec. 4306.)

On March 8, 2005, I personally examined the oaths of office on file with the division of archives. Here is a summary of what I witnessed:

There was NO oath of office available at the division of archives for Jon M. Huntsman Jr.

There were NO oaths of office on file at the division of archives for ANY members of the Utah House of Representatives.

For 29 seats in the Utah Senate, there were 16 oaths of office on file. Of those oaths for Senators examined, the signature of Fred D. Howard appears on the line intended for the signature of the Senator. On the line intended for his countersignature, the name Fred D. Howard was typewritten. The Senator’s signatures were placed above the signature of Fred D. Howard, and in several documents the ink was on top of, and subsequent to, the signature of Fred D. Howard, whose purpose was to verify the signature of the Senator, suggesting a possibility the signatures of the Senators were falsely witnessed.

For the year 2001, the oaths of office for former Governor Michael O. Leavitt, and former Lieutenant Governor Olene S. Walker were examined.

Olene Smith Walker and Michael Okerlund Leavitt took their oath of office on December 21, 2000, prior to the beginning of the term of office on January 1, 2001. It was subscribed by Richard C. Howe, Chief Justice, Utah Supreme Court, and on file at the division of archives. At the bottom of each oath on file, was the following small print:

Note: This oath of office pertains to the new term beginning the first Monday of January 2001, which is January 1, 2001. Governor Leavitt (or Lieutenant Governor Walker) intends to take the oath of office again in a formal inauguration ceremony on Thursday, January 4, 2001.

NO OATHS OF OFFICE WERE FOUND IN THE ARCHIVED RECORDS FOR EITHER MICHAEL O. LEAVITT OR OLENE S. WALKER FOR THE TERM OF OFFICE BEGINNING IN JANUARY of 2001.

Oaths of office for 2003

In examining the oaths of office for the House of Representatives filed in 2003, the majority were countersigned by Norman H. Bangerter, using the title “Former Speaker of the House;” an unofficial position not authorized to administer the oath of office. There were several exceptions, those being oaths that were signed by the Senators, but not countersigned by anyone.

I also noticed that the oats of office do not have a filing date with the division of archives, not marking the date they were received, so it cannot be determined if the oaths were received within the time limit. They haven’t done this since 1974.

There were other discrepancies I will not address in this writing.

Evidence in Court

These things were documented by photocopy as evidence in West Valley City Case No. C 04 06941 and left in the custody of the division of archives pursuant to Article I Section 12, of the Utah Constitution:

Sec. 12. [Rights of accused persons.] In no instance shall any accused person, before final judgment, be compelled to advance money or fees to secure the rights herein guaranteed.

Thomas B. Ginter is being assisted by Lawrence Rey Topham in the above mentioned court case, which is being appealed in the Utah Supreme Court. Ginter has vowed to take his case with multiple constitutional issues all the way to the U.S. Supreme court if necessary.

If we are to restore constitutional government and secure the blessings of liberty, we must force the elected representatives of the people to adhere strictly to their solemn and binding oath of office and the limitations of government imposed by the Constitution.

Right To Travel

2005-03-04T11:16:00.000-07:00

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West Valley City Case No. C 04 06941

Issues: DEMAND FOR PROOF OF JURISDICTION, DUE PROCESS AND EQUAL ROTECTION PURSUANT TO AMENDMENTS I, IV, V, VI. VII, VIII, IX, X, XIII, XIV, AND COROLLARY PROVISIONS OF UTAH’S CONSTITUTION

A Letter to Church Officials

As a high priest am I not a watchman upon the tower unto the house of Israel, to see that there is no evil in the Church?

" Son of Man, I have made thee a watchman unto the house of Israel: therefore hear the word at my mouth, and give them warning from me." (Ezekiel 3:17) [Letter to LDS Church Officials]

Press Release: For Immediate Release:

2005-02-09T01:17:00.000-07:00

State of Utah

Official NoticeFrom the Commander in Chief of the Utah State Militia
February 8, 2005 A.D.Salt Lake City, Utah

Official Notice To: The Utah State Militia is posted here.

A Letter to Jon Huntsman Jr.

2005-01-20T01:53:00.000-07:00

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George W. Bush is NOT President of the United States of America.

George W. Bush did not file a declaration of candidacy for President of the United States with the secretary of state in Utah in either the 2000 or 2004 A.D. general election. The Republican Party is not officially registered with the secretary of state of the State of Utah, so there were no officially certified presidential electors in the November 2000 or 2004 A.D. Utah elections.

George W. Bush has nominated Michael O. Leavitt to become a cabinet member as secretary of the department of Health and Human Services, and the following letter written to Jon M. Huntsman Jr. proves that Michael O. Leavitt never qualified to hold public office as Governor in the State of Utah, and that Jon M. Huntsman Jr. was not duly elected and has not qualified as governor of the State of Utah.

Lawrence Rey Topham is the duly elected and qualified secretary of state with his oath of office filed with the secretary of state, and is serving his third term of office. Michael O. Leavitt and John M. Huntsman Jr. did not file an oath of office with the secretary of state for any term of office. Exercising the function of a public office without filing an oath of office with the secretary of state constitutes the criminal offence of unofficial misconduct.

Those people who are not qualified to hold public office have increased the national debt from 1 trillion to 7.6 trillion in just the last 21 years.

The following letter, with its attachments, provides the evidence that constitutional government in the United States of America is hanging by a single thread.

RECEIVED
GOVERNOR'S
OFFICE
016483 JAN 20 05

January 19, 2005 A.D.

Dear Mr. Jon M. Huntsman Jr., Salt Lake City, Utah

This letter comes to you by way of greeting and invitation, and not by constraint, in the spirit of love and charity, and in the spirit of the will of God in the temporal salvation of men in the last days. We have been warned of the consequences of evils and designs which would exist in the hearts of conspiring men in these last days. The circumstances around us today should give us ample warning that those days are upon us. Our investigation of constitutional law, legal proceedings, broadcast and print media, and various communications reveals an apostasy from the constitutional principles established as the foundation of this republic and which now exists at the highest levels of church and state. Ultimately, the constitutional safe-guards to liberty and free agency, so important in God's plan for us, will be held inviolate and in fact preserved by the Elders of Israel.

A spirit of extravagance and speculation has taken hold of the vast majority of people causing the greater part of them to live in financial bondage, possessing much but owning little or nothing. This is occurring on the individual and societal level to such a degree that anyone, not blinded by the allurements, can see the financial disaster waiting at the door. In a correspondence to Thomas Jefferson in 1797, John Adams stated: “All the perplexities, confusion and distress in America arise, not from defects of the Constitution or Confederation; not from any want of honor or virtue, as much as downright ignorance of the nature of coin, credit and circulation." The ensuing financial disaster that now confronts us is the result of this apostasy from the Constitution of the United States of America. In particular, Article I Section 10 provides: "No State shall make any Thing but gold and silver Coin a Tender in Payment of Debt..."

This, coupled with the failure of elected officials to honor the oath of office requirement to uphold and defend the Constitution, and we have a virtual failure of constitutional government on the State and Federal Level. Therefore, these matters having been revealed, we have a moral obligation as denizens to become involved. President J. Reuben Clark, Jr., put it well when he said: "God provided that in this land of liberty, our political allegiance shall run not to individuals, that is, to government officials, no matter how great or how small they may be. Under His plan our allegiance and the only allegiance we owe as citizens or denizens of the United States, runs to our inspired Constitution which God himself set up. So runs the oath of office of those who participate in government. A certain loyalty we do owe to the office which a man holds, but even here we owe just by reason of our citizenship, no loyalty to the man himself. In other countries it is to the individual that allegiance runs. This principle of allegiance to the Constitution is basic to our freedom. It is one of the great principles that distinguishes this `land of liberty' from other countries." (Improvement Era, July 1940, p. 444.)

We are witnesses to the fact that no person in the Utah Legislature on the 16th day of April, 2004 A.D., had a valid oath of office on file in the State of Utah. We have searched the records together and separately, and know that the oaths were not administered, subscribed and filed with the signature of the person who administered the oath to each member of the Utah Senate in 2000 or 2002 A.D., nor do any of the members of the Utah House of Representatives have duly administered oaths of office on file with the secretary of state or on deposit in the division of archives for those same years. Therefore, we find that no new laws have been passed, or constitutional amendments made, since 1974 due to the failures of any person to qualify as a senator in the Utah Senate for failure to file an oath of office with the secretary of state. Therefore, the provisions of the Utah Code that apply are as follows:

Utah Code Annotated, 1953, Scetion 52-1-2
[Renumbered but unchanged from 65-0-2]

Whenever state officers, officials or state institutions, or other persons are required to give official bonds to the state, such bonds, unless otherwise provided, shall be approved by the state board of examiners, and recorded by the secretary of state in a book kept for that purpose. When so recorded the secretary of state shall deliver the originals to the state treasurer, excepting the bond of the state treasurer, and the treasurer shall become the legal custodian thereof, but the bond of the state treasurer shall remain in the custody of the secretary of state. The oaths of office of all state officials shall be filed with the secretary of state. (C.L. 17 Sec. 4306.)

52-2-1. Time in which to qualify -- Failure -- Office declared vacant.

Whenever any person duly elected or appointed to any office of the state or any of its political subdivisions, fails to qualify for such office within sixty days after the date of beginning of the term of office for which he was elected or appointed, such office shall thereupon become vacant and shall be filled as provided by law. Whenever the bond of any officer of the state or of any of its political subdivisions is canceled, revoked, annulled or otherwise becomes void or of no effect, without another proper bond being given so that continuance of bonded protection is afforded, the office of such officer shall thereupon become vacant and shall be filled as provided by law. Any elected or appointed official who has failed on the effective date of this act to qualify for the position to which he was elected or appointed, shall be deemed to come within the provisions of this act, and the office of such officer shall become vacant at the end of forty days after the effective date of this act unless legal bond is given before the expiration of such period, and such office shall be filled as provided by law.

No Change Since 1953

76-8-203. Unofficial misconduct.

(1) A person is guilty of unofficial misconduct if he exercises or attempts to exercise any of the functions of a public office when:
(a) he has not taken and filed the required oath of office;
(b) he has failed to execute and file the required bond;
(c) he has not been elected or appointed to office;
(d) he exercises any of the functions of his office after his term has expired and the successor has been elected or appointed and has qualified, or after his office has been legally removed; or
(e) he knowingly withholds or retains from his successor in office or other person entitled to the official seal or any records, papers, documents, or other writings appertaining or belonging to his office or mutilates or destroys or takes away the same.
(2) Unofficial misconduct is a class B misdemeanor.

In searching the web we found H.B.328 in 1998 in which the State Association of Prosecutors, as indicated by the attached article from the Deseret News dated January 12, 1998, requested Susan Koehn to sponsor the bill to remove the criminal penalties for failure to file the required oath of office before excercising the functions of public office. Why was this association of prosecutors trying to remove the criminal penalties rather that enforcing the law? Why were they not supporting, obeying, and defending the Constitution? This indicates it was known by the State Association of Prosecutors that these oaths of office had not been filed going clear back to 1974, and before.

How, then, is it possible that Jon M. Huntsman Jr. was duly elected as Governor and Gary R. Herbert as Lieutenant Governor with one vote when the original Constitution of the State of Utah, ARTICLE VII Section 1 provide that the Executive Department shall consist of Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, and Superintendent of Public Instruction? When did this change? Who changed it?

Why did all the state prosecutors try to change the criminal statute instead of upholding the law? Please refer to the Deseret News articles of 1989, 1991, and 1998 attached.

Based on this information we believe that you were not duly elected governor of the State of Utah. We believe that Lawrence Rey Topham is the duly elected secretary of state under the constitutions to which we owe allegiance.

We invite you to join with us in restoring constitutional government in Utah and the United States under the direction of the secretary of state and not act contrary to the Constitution and laws of the State of Utah, and the United States of America.

Please see attached items which support our position so we can fulfill our duty in supporting, obeying, and defending that law which is constitutional, as the Lord had directed us all to do, by supporting only those people who have taken and filed the required oath of office to uphold gold and silver coin as the only lawful money and tender in payment of debt.

We the undersigned respectfully submit this letter to you.

Signed and dated January 19, 2005, A.D.

Ronald K. Robinson
David – Joseph: Murtha
B. Olsen
B. Palmer

Please reply to:
Ronald K. Robinson
americanfree44@ hotmail.com

Attachments:

News Articles:

Note: Access to the articles archived below may require registration at http://deseretnews.com/dn

ELECTED OFFICIALS AREN'T OFFICIAL, ACTIVIST SAYS
http://www.desnews.com/cgi-bin/cqcgi_plus/@plus.env?CQ_SESSION_KEY=ZUIBAHABNWYL&CQ_CUR_DOCUMENT=3&CQ_TEXT_MAIN=YES

CANDIDATE FOR GOVERNOR SAYS BANGERTER, UTAH LEGISLATURE ARE SERVING ILLEGALLY
http://www.desnews.com/cgi-bin/cqcgi_plus/@plus.env?CQ_SESSION_KEY=ZUIBAHABNWYL&CQ_CUR_DOCUMENT=1&CQ_TEXT_MAIN=YES

Are lawmakers serving illegally?
http://www.desnews.com/cgi-bin/cqcgi_plus/@plus.env?CQ_SESSION_KEY=ZUIBAHABNWYL&CQ_CUR_DOCUMENT=52&CQ_TEXT_MAIN=YES

PUBLIC OFFICE MISCONDUCT AMENDMENTS
http://www.le.state.ut.us/~1998/bills/hbillint/HB0328.htm

Other Internet Resources:

Salt Lake Sites Site of the Day
http://216.239.63.104/search?q=cache:XggtXi0jE9IJ:slsites.com/kewl.html%3Fstart%3D60+webnetalert&hl=en

U.S. NATIONAL DEBT CLOCK
http://www.brillig.com/debt_clock/

THE CONSTITUTION AND EAST TEMPLE STREET
http://www.angelfire.com/ut2/lrtopham/EASTTEMPLE/TREASON.html

Our Divine Constitution
http://library.lds.org/nxt/gateway.dll/Magazines/Ensign/1987.htm/ensign%20november%201987.htm/our%20divine%20constitution.htm?fn=document-frame.htm&f=templates&2.0

Letter to the First Presidency of the Church of Jesus Christ of Latter-day Saints
http://www.angelfire.com/ut2/lrtopham/EASTTEMPLE/First_Pres.html

FEDERALIST PAPERS - Federalist No. 10 (link here)
http://www.angelfire.com/ut2/lrtopham/Federalist/fed_10_1_

Utah Elections 2004 A.D. - State Executive Offices to be filled:
http://webnetalert.angelcities.com/utahelection2004.html

Oath of Office, Money Crimes, Bank Notes Prohibited – AUGUST 15, …
http://www.geocities.com/webnetalert/MoneyCrimes.html

WHICH LAW WILL GOVERN YOU IN UTAH? THAT LAW WHICH IS CONSTITUTIONAL? OR UTAH'S UNOFFICIAL LEGISLATURE'S ACTS?
http://lawrencereytopham.012webpages.com/governor5.html

WHICH LAW WILL GOVERN YOU IN UTAH? THAT LAW WHICH IS CONSTITUTIONAL? OR UTAH'S UNOFFICIAL LEGISLATURE'S ACTS?
http://www.lawrencereytopham.012webpages.com/governor4.html

United States Felonies
http://www.geocities.com/webnetalert/USFELONIES.html

What is the greatest threat to freedom that exists on the earth today?
http://www.angelfire.com/ut2/lrtopham/May10.html

A Tribute in Honor of: Truth, Freedom, Zion and The Constitution.
http://www.geocities.com/webnetalert/truth.html

State of Utah – Oath of Office Certificate
http://www.geocities.com/webnetalert/Oath2005AD.jpg

THE CONSTITUTIONAL CONVENTION-1787
http://www.geocities.com/webnetalert/convention2004.html

Letter to the Secretary of the Treasury Concerning Monetary Silver.
November 28, 1961
http://www.jfklink.com/speeches/jfk/publicpapers/1961/jfk484_61.html

The media are supporting unofficial government and election fraud.
http://www.angelfire.com/ut2/lrtopham/NewsMedia.html

Constitution of the State of Utah – Article VII
http://archives.utah.gov/exhibits/Statehood/1896text.htm

Additional document delivered on November 5, 2003, but not included in the above attachments:

Official Notice - OATH OF OFFICE IS ESSENTIAL TO HOLDING PUBLIC OFFICE
http://www.angelfire.com/ut2/lrtopham/OOParker.html

New plan details how federal, state officials will respond to terror

2005-01-08T03:57:00.000-07:00

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"The [plan] helps to organize all of the federal agencies that would come in to assist us -

FEMA, the FBI.

Utah police and fire agencies will soon begin training and preparations to implement the National Response Plan, a prerequisite for the state's receiving homeland security funding and other federal dollars, said Salt Lake County Sheriff Aaron Kennard. [S.L. Tribune]

In other words:

Utah citizens sold down the road to tyranny for a mess of pottage. Illuminati owned – drug funded organization (FEMA) [1] to mop up after manufactured boogey men and Gods judgment?

"...One of the most onerous practices of Congress is the use of federal funds illegitimately taken from the American people to bribe states into obeying federal dictates."
--Rep. Ron Paul, MD - Government IDs and Identity Theft
January 12, 2005 [Lew Rockwell]

I’m wondering what our latest elected Governor John Huntsman Jr. has to say about the National ID card. A news report indicated he will be applying for aid from FEMA for the recent flooding in southern Utah. Is Mr. Huntsman is starting out on the wrong foot?

Mr. Huntsman has 60 days from the date of his inauguration to comply with the law. What will he do?

[1] As people who have investigated this know, the Homeland Security network is connected into FEMA, which is a drug-money-created Illuminati wholly-owned subsidiary, and many of these other organizations all fit into this network, designed to have the military control of America. [Article]

More here...

FEMA was allegedly created by Executive Order 12148 which became law simply by its publication in the Federal Registry. In other words, Congress was bypassed for FEMA's authorization as well as its funding. But if Congress never authorized the "agency," where do operational expenses come from?

And here…

Under emergency plans already in existence, the power exists to suspend the Constitution and turnover the reigns of government to FEMA and appointing military commanders to run state and local governments.

The typical crisis needed would be threat of imminent nuclear war, rioting in several U.S. cites simultaneously, a series of national disasters that affect widespread danger to the populous, massive terrorist attacks, a depression in which tens of millions are unemployed and without financial resources, or a major environmental disaster.

This is you unofficial government on paper money. Any questions?

Colorado Judge Arrested By Citizen Militia

2004-12-31T03:21:00.000-07:00

The story below appears to be just as the authors name suggests, a good story. But it does seem like the kind of thing that propbably ought to be happening if our elected officials continue to operate outside the law.

by Rita Goodstory. staff writer
December 27, 2004

Denver CO - Once again, four members of the Americans for Justice Militia entered a judge's office to place a sitting judge under arrest. At 9:45 this morning the small, unarmed group arrived at the 2nd District Court (1437 Bannock Street), flashed their AJM credentials, and instructed the clerk to escort them to Judge Wilson's office.

Judge Wilson was read the charges and was peacefully arrested by Denver AJM members Tom Cooley, William Adamson, Jeffrey Wilson (no relation), and Cynthia Washington. The four calmly walked the arrested judge without handcuffs to the neighboring police station for booking and incarceration, pending a bail hearing. Police Captain Hermano Gutierrez refused to comment, but William Anderson, a senior AJM member, read the following statement for the media:

"Judges in Denver and throughout Colorado were first put on notice by Rick Stanley in 2002. Every judge has taken an oath to uphold and defend the constitutions of the United States and the State of Colorado, and the citizens of Colorado have the right and the duty to enforce that oath. Judges who show blatant disregard for the law are held accountable to the law, if not by our hired servants in government then by the citizens themselves. Regrettably, this is our nineteenth arrest. We would prefer this to be the last, but that is entirely up to the judges."

The militia dispersed by 10:15 a.m. when they returned to their full-time jobs as store clerk (Cooley), programmer (Adamson), elementary school teacher (Wilson), and peace officer (Washington).

Update 1/13/04

June Maxam at The Empire Journal - Rick Stanley Attorney: No Oath, No Authority

People Must Act to Restore Law

2004-12-29T01:17:00.000-07:00

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Excerpt from CRC...

The reason that the people of each State are burdened by illegal acts of federal agents, and their surrender of the powers of government to private interests, is because the State has not repudiated the attempts of its agents in Washington to act beyond their authority. These unlawful acts have the effect of "law" not by reason of a nonexistent authority of the federal agent, but because of the authority the State gave to these acts by failing to challenge the attempts of its federal agents to exceed their authority.

To meet the constitutional crisis the people, acting through officials they have elected to represent them, must force the State legislature to insure that all provisions of the Constitution are respected and enforced within the boundaries of the State.

The State, acting at its highest sovereign capacity, must wrest control of its destiny from the evil hands of those unfit to wield such power. Federal regulation over land, business, development, utilities, production, service, property, and people has never been delegated to any government or federal agency by the people of the State. Only by corrective action by the State legislature can the insane innovations of the revolutionary federal corporation be terminated and the laws and institutions of the Republic restored.

The place to begin is at the county level of government, the government closest to the people.

The Next Steps

2004-12-28T23:40:00.000-07:00

Received on 12/28/04 via cyberspace, from my alter ego.....

Essential maneuvers to forestall Armageddon

By John Kaminski
skylax@comcast.net

Of course, far too few people comprehend the depth of the decay, the advanced state of the disease. When you willingly and happily participate in a program meant to deceive and destroy you, it is doubly difficult to first realize and second admit you've been had.

Continue here...

Support (From) Your Local Sheriff

2004-12-28T16:57:00.000-07:00

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After the Revolutionary War and the subsequent creation of the U.S. Constitution, certain safeguards to protect our newly acquired liberties were established. Among these was the requirement that all government officials, including the military and law enforcement, swear an oath of loyalty — not to the President or the governor or the legislative assembly or any judge, but to the Constitution itself, which was the great bulwark of our liberty.
— Former Sheriff Richard Mack Graham County, Arizona

Vermont to Secede?

2004-12-24T15:24:00.000-07:00

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.
News Release [TGMM]

THE MIDDLEBURY DECLARATION

Excerpts:

We the undersigned participants of Radical Consultation II held in Middlebury, Vermont on November 5-7, 2004, are convinced that the American Empire, now imposing its military might on 153 countries around the world, is as fragile as empires historically tend to be, and that it might well implode upon itself in the near future. Before that happens, no matter what shape the United States may take, we believe there is an opportunity now to push through new political ideas and projects that would offer true popular participation and genuine democracy. The time to prepare for that is now. (my emphasis)

"Whenever any form of government is destructive of these ends—life, liberty, and the pursuit of happiness—it is the right of the people to alter or to abolish it, and to institute new government…in such form as to them shall seem most likely to effect their safety and happiness."—Declaration of Independence, 1776 [Entire Declaration]

It Can't Happen Here

2004-12-22T01:25:00.000-07:00

Ron Pual's Texas Straight Talk [Full Article]

Unfortunately, the new intelligence bill passed by Congress two weeks ago moves us closer to an encroaching police state by imposing the precursor to a full-fledged national ID card. Within two years, every American will need a “conforming” ID to deal with any federal agency-- including TSA at the airport.

Folks, the bankers are loving this!

10. The next step the bankers have is a national ID card so they can track your body by a computer chip and satellite and know every transaction you are involved in. The bankers have already created this (in 1994) and are trying to find a way to talk people into this through 9/11 and "Home Land Security." T / F [TW]

That tolerance may wane, however, as our standard of living falls due to spiraling debt, endless deficit spending at home and abroad, a declining fiat dollar, inflation, higher interest rates, and failing entitlement programs. At that point attitudes toward omnipotent government may change… Ahem (nudge nudge, wink wink)

We have a window of time, now, in which to bring this to an end. And then the door will close. And the door will close when we have microchipped people. [David Icke]

Toto

Rights and Monopoly Money

2004-12-19T01:35:00.000-07:00

Colored money leads to colorable contracts and colorable law. Statutes are restrictions to the pursuit of happiness. All of it is prohibited in the Constitution. The Uniform Commercial Code was developed in 1951 through 1975 as law to counter the effects of playing with funny money. The funny money game started in 1933 by executive order. The three types of law granted in the Constitution--Common, Equity and Maritime--are all but a memory, and so is this tired parchment called the Constitution of the United States of America.

Read the entire article here.

Federal Felonies Related to the Debt

2004-12-17T01:11:00.000-07:00

Follow this link.

Crumbling to pieces and tumbling to the ground…..

2004-12-14T10:27:00.000-07:00

We are fast approaching that moment prophesied by Joseph Smith when he said, 'even this nation will be on the very verge of crumbling to pieces and tumbling to the ground, and when the Constitution is upon the brink of ruin, this people will be the staff upon which the nation shall lean, and they shall bear the Constitution away from the very verge of destruction.' (July 19, 1840, Church Historians Office, SLC)." (Ezra Taft Benson, The Constitution: A Heavenly Banner, Deseret Book, 1986, p. 27-28) [TM&SC]

Considering the events of December 9, 2004, it appears this day is now upon us.

USA Inc.

2004-12-13T22:37:00.000-07:00

Corporate Takeover of Government Well Underway [TM&SC]

INTERNAL REVENUE TAX AND AUDIT SERVICE (IRS) For Profit General Delaware Corporation Incorporation date 7/12/33 File No. 0325720

FEDERAL RESERVE ASSOCIATION (Federal Reserve) Non-profit Delaware Corporation Incorporation date 9/13/14 File No. 0042817

CENTRAL INTELLIGENCE AUTHORITY INC. (CIA) For Profit General Delaware Corporation Incorporation Date 3/9/83 File No. 2004409

FEDERAL LAND ACQUISITION CORP. For-profit General Delaware Corporation Incorporation Date 8/22/80 File No. 0897960

RTC COMMERCIAL ASSETS TRUST 1995-NP3-2 For-profit Delaware Statutory Trust Incorporation Date 10/24/95 File No. 2554768

SOCIAL SECURITY CORP, DEPART. OF HEALTH, EDUCATION AND WELF For-Profit General Delaware Corporation Incorporation date: 11/13/89 File No. 2213135

UNITED STATES OF AMERICA, INC. Non-profit Delaware Corporation Incorporation Date 4/19/89 File No. 2193946

UNITED STATES TREASURY / U.S. TREASURY, INC. Incorporation Date 02/08/1990 File No. 2221617 For profit General Delaware Corporat

Heads up and pay attention:

2004-12-13T22:07:00.000-07:00

…the Department of Homeland Security was created to defend this government from the citizens of the United States because they fear we will find out and we will rise up and cast them from power. It does not defend this nation, you, your family, friends, or loved ones. It defends only the government not from Al Qaeda but from us. They know when Americans figure this out, Americans are going to be way past livid and heads in Washington, DC, are going to roll and butts are going to prison.

In writing my book One-Way Ticket to Crawford, Texas, I not only analyzed 9-11, Afghanistan, Iraq, defense spending, Homeland Security spending, flaws in national security, the intentional weakening of the U.S. dollar and use of terrorism to drive up the price of oil and gasoline, the absence of "rule of law" if Bush buddies or Clinton buddies were being bad actors, but I also investigated the talking heads they put before us to spin their web of lies. [Online Journal]

No courts of remedy in Oregon?

2004-12-12T17:25:00.000-07:00

VALIDITY OF OREGON COURTS FACES POSSIBLE QUESTIONING BY U.S. SUPREME COURT [News With Views]

Besides the question of court validity, another problem in the court system is that "judges" are circumventing the correct original oath of office as required by Article VII, section 21 of the 1859 Constitution of Oregon "BEFORE" taking their seats. Due to this very unfortunate circumstance, the "judges" are in violation of the qualification requirement in their applications for public office questionnaire. Such failure to qualify has fraud implications with consequent monetary and jail time penalties. Each of the 165 circuit court judges in Oregon stands to be fined and/or imprisoned for illegally swearing or affirming (it is one or the other, but not both) an oath of office that is not Article VII, section 21 of the 1859 Constitution of the State of Oregon. One might easily imagine the problems that could ensue from the removal of all 165 "judges" from their respective benches.

It appears the state of Oregon could use a judicature movement of their own.

Utah Oath of Office

2004-12-12T16:55:00.000-07:00

In compliance with Article 6 of the Constitution, the very first act passed by Congress and signed by President Washington on June 1, 1789, was the actual oath to support the Constitution that was to be administered to various government officers. This was to ensure a republican form of government.

The Oath is as follows: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this State, and that I will discharge the duties of my office with fidelity."

A signed copy of the oath is to be filed with the recorder of the city and town. This filing should not be taken lightly.

All officers elected to public office are required by law to take and subscribe the Oath of Office within a specified period of time. If the elected official does not take and subscribed the oath of office as required, the office becomes vacant as a matter of law.

In Utah it is a criminal offence (class B misdemeanor) to exercise or attempt to exercise the functions of a public office before filing the oath of office or filing a bond when a bond is required. It is in Utah Code Annotated, 1953, as Amended, Section 76-8-20. This law has been violated continuously in The State of Utah since 1974, when no person elected to the Utah Senate filed the required oath of office for 16 years, from 1974 to 1991, so all the "laws" enacted during that period of time were unofficial, and done in criminal violation of the law and are unconstitutional and void.

All offices have remained vacant since then, except for the office of Secretary of State and Governor and Treasurer. At the present time, only the office of Secretary of State is filled, all other state offices are vacant as a matter of law. In the past, and currently, there are no political parties officially registered with the Secretary of State.

The unofficial government in the State of Utah is a racketeering influenced corrupt organization. Without any official political parties, the republicans in Utah did not officially elect any presidential electors, and therefore George W. Bush did not receive any Electoral College votes from the State of Utah. The certification of presidential elector from Utah was unofficial, unlawful, unconstitutional and void. The same is true of the senators and representatives of Utah in the Senate and House of Representatives; they were not duly elected, nor certified, by anyone having authority to do so.

The criminal conspiracy spread until no one in the Utah Legislature filed an oath of office for the terms beginning in 1987 and 1989, and the five executive officers failed to file their oaths in 1989, and three judges on the Utah Supreme Court failed to file in 1987 and 1989, leaving the court without a majority, and the Constitution requires a majority in order to make any decisions or do any business.

The city recorder failed to file his oath of office with the Salt Lake City treasured in March of 1993, more than eleven (11) years ago. There is a copy of an oath of office, but it was in the city recorder's office, not in the treasurer's office. At least the treasurer’s office could not, or was unwilling to produce the document when requested. This is a clear violation of Utah Law. So the office of city recorder has been vacant for eleven years.

This dangerous matter continues to increase as the fictitious national debt continues to increase at a rate of 100 Billion a month since the debt limit was raised in May, from 6.4 Trillion to nearly 7.4 Trillion.

Oh, and before you pass judgement about the validity of the above information, may I suggest you go to the recorders office and do your own investigation. Or, perhaps, that might be a good project for the UJRM.

For a more detailed analysis of this synopsis, follow this link.

So how do you solve the problem?

Well, if you are a “career politician” you get out your #2 pencil and your little ruler, line out the laws you don’t want to comply with, and call it…

H.B. 328

See, no problem. NOW the UNOFFICIAL misconduct is OFFICIAL!

I guess if they can throw the U.S. Constitution out the window, we don’t need that pesky state one either. Besides, in a One World feudal system, all laws will be uniform under a legal system of world courts practicing the same unified code of laws, backed up by a One World Government police force and a One World unified military to enforce laws in all former countries where no national boundaries shall exist.