THE JUDICIAL COUNCIL OF CALIFORNIA | (an administrative agency) | doing business as | THE NEVADA COUNTY SUPERIOR COURT | (a fictitious business) |
THE STATE BAR OF CALIFORNIA | | | Notice of Applicable California Law | AND DOE(S) 1 -100 | | | concerning Access to the Courts. | | | versus | | | | | Case number [?] | Thomas Murrell Thornhill, III | | | (a natural born Man) | | | at: 201 Church Street | | | Nevada City, California | _______________________________ | / | Date: [] |
Declarant is a competent witness over the age of 18 years of age and does Solemnly state that:
1.a. I am a natural born, adult white Man, born in Georgia of married white parents and currently living in California. I believe I am one of the people of the constitutional Republic, the United States of America, and one of the people of California.
1.b. I am not a trained or licensed Attorney; of necessity, I am acting at all times within my right to defend my life, liberty, and property as set out in CALIFORNIA CONSTITUTION (2001), Art. 1, Sec. 1 (from http://www.leginfo.ca.gov./.const/.article_1 [as of May 9, 2001]):
SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.2. I had occasion to research the right to access to the courts as protected by the Constitution of the United States of America. The only cases I have found so far address access to the courts by incarcerated prisoners. I present my research results here.
3. The United States Supreme Court has held:
"It is now established beyond doubt that prisoners have a constitutional right to access to the courts. This Court recognized that right more than 35 years ago ... Ex parte Hull, 312 US 546, 85 L Ed 1034, 61 S. Ct 640 (1941)." Bounds v. Smith (1977), 430 U.S. 817, 821-822, 52 L.Ed.2d 72, 97 S.Ct. 1491.4. The United States lower courts have held:
a. "Effective access to the courts is a constitutional right Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491 52 L.Ed.2d 72 (1977); Gaglie v. Ulibarri, 507 F.2d 721 (9th Cir. 1974). "Access to courts" encompasses all the means required for a litigant to get a fair hearing from the judiciary on the charges brought against him or grievances alleged by him. Gilmore v. Lynch, 319 F.Supp. 105 (N.D.Cal. 1970), aff'd 404 U.S. 15, 92 S.Ct. 250, 30 L.Ed.2d 142 (1971); Padgett v. Stein, 406 F.Supp. 287 (M.D.Pa. 1975)." O'Connor v. Mowbray (1980), 504 F.Supp. 139, 141.5.a. In reasonable reliance upon the cases cited above, I make the reasonable inference that since convicted citizens have a judicially recognized constitutional right to access to the courts; so then, do the unconvicted and unincarcerated People at large.b. "In Bounds, the Supreme Court held that "the fundamental constitutional right of access to the courts requires prison authorities to assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with adequate law libraries or adequate assistance from persons trained in the law." 430 U.S. at 828, 97 S.Ct. at 1498. The right of access to the courts is embodied in the guarantee of due process because prisoners must "be afforded access to the courts in order to challenge unlawful convictions and to seek redress for violations of their constitutional rights." Procunier v. Martinez, 416 U.S. 396, 419, 94 S.Ct. 1800, 1814, 40 L.Ed.2d 224 (1974).
"Access to the courts means the ability to file a legally sufficient claim, or as stated by one court, "getting the courthouse door opened in such a way that it will not automatically be slammed shut." Knop v. Johnson, 977 F.2d 996, 1006-07 (6th Cir. 1992), cert. den. sub nom., Knop v. McGinnis, ----U.S.----, 113 S.Ct. 1415, 122 L.Ed.2d 786 (1993)." Walters v. Edgar, 900 F.Supp. 197, 222.
I Certify within the laws of the state of California, that the foregoing is true, correct, and complete.
Dated: ____________________________________
At: _______________________________________
Signed: _______________________________________
[BACK to My Work] [Come Visit My Home Page]