THE JUDICIAL COUNCIL OF CALIFORNIA

(an administrative agency)

doing business as

SUPERIOR COURT OF CALIFORNIA, COUNTY OF NEVADA

(a fictitious business)

THE STATE BAR OF CALIFORNIA	|	Notice of California Law
AND DOE(S) 1-100	|	concerning the assistance of counsel.
	|
versus	|
	|	Case number [?]
Thomas Murrell Thornhill III	|
(a natural born, adult man)	|	at: 201 Church Street
	|	Nevada City, California
_______________________________	/	Date: []

Declarant, ___________________________________________, is a competent witness over the age of 18 years and does Solemnly state that:

1.a. I am a natural born, adult white Man, one of the people of the United States of America and of California.

1.b. I am not a trained or licensed Attorney; of necessity, I am acting at all times within my fundamental 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]):

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.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
(http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentvi [as of March 13, 2002])

The defendant in a criminal cause has the right to a speedy trial, to compel attendance of witnesses in the defendant's behalf, to have the assistance of counsel for the defendant's defense, to be personally present with counsel, and to be confronted with the witnesses against the defendant...

a. The Sixth Amendment does not provide merely that a defense shall be made for the accused; it grants to the accused personally the right to make his defense. It is the accused, not counsel, who must be "informed of the nature and the cause of the accusation," who must be "confronted with the witnesses against him," and who must be accorded "compulsory process for obtaining witnesses in his favor." Although not stated in the Amendment in so many words, the right to self-representation--to make one's own defense personally--is thus necessarily implied by the structure of the Amendment. The right to defend is given directly to the accused; for it is he who suffers the consequences if the defense fails.
The counsel provision supplements this design. It speaks of the "assistance" of counsel, and an assistant, however expert, is still an assistant. The language and spirit of the Sixth Amendment contemplate that counsel, like the other defense tools guaranteed by the Amendment, shall be an aid to a willing defendant--not an organ of the State interposed between an unwilling defendant and his right to defend himself personally. To thrust counsel upon the accused, against his considered wish, thus violates the logic of the Amendment. In such a case, counsel is not an assistant, but a master; and the right to make a defense is stripped of the personal character upon which the Amendment insists. It is true that when a defendant chooses to have a lawyer manage and present his case, law and tradition may allocate to the counsel the power to make binding decisions of trial strategy in many areas ... This allocation can only be justified, however, by the defendant's consent at the outset, to accept counsel as his representative. An unwanted counsel "represents" the defendant only through a tenuous and unacceptable legal fiction.
Faretta v. California (1975), 422 U.S. 806, 45 L.Ed.2d 562, 95 S.Ct. 2525.

b. ...For it is clear that the judgment before us must in any event be affirmed upon the ground that Williams was deprived of a different constitutional right - the right to the assistance of counsel.
This right, guaranteed by the Sixth and Fourteenth Amendments, is indispensable to the fair administration of our adversary system of criminal justice. Its vital need at the pretrial stage has perhaps nowhere been more succinctly explained than in Mr. Justice Sutherland's memorable words for the Court 44 years ago in Powell v. Alabama, 287 U.S. 45, 57:

[D]uring perhaps the most critical period of the proceedings against these defendants, that is to say, from the time of their arraignment until the beginning of their trial, when consultation, thoroughgoing investigation and preparation were vitally important, the defendants did not have the aid of counsel in any real sense, although they were as much entitled to such aid during that period as at the trial itself.

There has occasionally been a difference of opinion within the Court as to the peripheral scope of this constitutional right. See Kirby v. Illinois, 406 U.S. 682; Coleman v. Alabama, 399 U.S. 1. But its basic contours, which are identical in state and federal contexts, Gideon v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, 407 U.S. 25, are too well established to require extensive elaboration here. Whatever else it may mean, the right to counsel granted by the Sixth and Fourteenth Amendments means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him -- "whether by way of formal charge, preliminary hearing, indictment, information, or arraignment." ...
(in part) Brewer v. Williams (1977), 430 U.S. 387, 397-399.

A party to an action may appear in his own proper person or by attorney, but he cannot do both. If he appears by attorney he must be heard through him, and it is indispensable to the decorum of the Court and the due and orderly conduct of a cause that such attorney shall have the management and control of the action and his acts go unquestioned by any one except the party whom he represents. So long as he remains attorney of record the court cannot recognize any other as having the management of the case. If the party for any cause becomes dissatisfied with his attorney the law points out a remedy. He may move the Court for leave to change his attorney, as provided in section ten of the Act concerning attorneys and counsellors. Until that has been done, the client cannot assume control of the case.
(emphasis added) Commissioners of San Jose v. Younger (1865), 29 Cal. 147, 149.

COUNSEL. Advice given to another as to what he ought to do or not to do.
2. To counsel another to do an unlawful act, is to become accessory to it, if it be a felony, or principal, if it be treason, or a misdemeanor. By the term counsel is also understood counsellor at law. Vide To open; Opening.

COUNSEL, an officer of court. One who undertakes to conduct suits and actions in court. The same as counsellor.

COUNSELLOR AT LAW, officer. An officer in the supreme court of the United States, and in some other courts, who is employed by a party in a cause, to conduct the same on its trial on his behalf. He differs from an attorney at law. (q.v.)
2. In the supreme court of the United States, the two degrees of attorney and counsel are kept separate, and no person is permitted to practice both. It is the duty of the counsel to draft or review and correct the special pleadings, to manage the cause on trial, and, during the whole course of the suit, to apply established principles of law to the exigencies of the case. 1 Kent, Com. 307.
3. Generally in the other courts of the United States, as well as in the courts of Pennsylvania, the same person performs the duty of counsellor and attorney at law.
4. In giving their advice to their clients, counsel and others, professional men have duties to perform to their clients, to the public, and to themselves. In such cases they have thrown upon them something which they owe to the fair administration of justice, as well as to the private interests of their employers. The interests propounded for them ought, in their own apprehension, to be just, or at least fairly disputable; and when such interests are propounded, they ought not to be pursued per fas et nefas. Hag. R. 22.
5. A counsellor is not a hired person, but a mandatory; he does not render his services for a price, but an honorarium, which may in some degree recompense his care, is his reward. Doubtless, he is not indifferent to this remuneration, but nobler motives influence his conduct. Follow him in his study when he examines his cause, and in court on the trial; see him identify himself with the idea of his client, and observe the excitement he feels on his account; proud when he is conqueror, discouraged, sorrowful, if vanquished; see his whole soul devoted to the cause he has undertaken, and which he believes to be just, then you perceive the elevated man, ennobled by the spirit of his profession, full of sympathy for his cause and his client. He may receive a reward for his services, but such things cannot be paid for with money. No treasures can purchase the sympathy and devotedness of a noble mind to benefit humanity; these things are given, not sold. See Honorarium.
6. Ridley says, that the law has appointed no stipend to philosophers and lawyers not because they are not reverend services and worthy of reward or stipend, but because either of them are most honorable professions, whose worthiness is not to be valued or dishonored by money. Yet, in these cases many things are honestly taken, which are not honestly asked, and the judge may, according to the quality of the cause, and the skill of the advocate, and the custom of the court, and the worth of the matter that is in hand, appoint them a fee answerable to their place. View of the Civil and Eccles. Law, 38, 39.

Assistance of counsel. Sixth Amendment to Federal Constitution, guaranteeing accused in criminal prosecutions "assistance of counsel" for his defense, means effective assistance, as distinguished from bad faith, sham, mere pretense or want of opportunity for conferences and preparation. Fed.R.Crim.P. 44; 18 U.S.C.A. sec. 3006A; Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799; Geders v. U.S. 425 U.S. 80, 96 S.Ct. 1330, 47 L.Ed.2d 592. See Assigned counsel; Counsel, right to; Miranda Rule.

Counsel, right to. Constitutional right of criminal defendant to court appointed attorney if he is financially unable to retain private counsel; guaranteed by Sixth and Fourteenth Amendments to U.S. Constitution, and as well by court rule (Fed.R.Crim.P. 44), and statute (18 U.S.C.A. sec. 3006A). Such right to counsel exists with relation to felonies (Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792); misdemeanors when the sentence is to a jail term (Argersinger v. Hemlin, 407 U.S. 25, 92 S.Ct. 2006), and to juvenile delinquincy proceedings (In re Gault, 387 U.S. 1; 87 S.Ct. 1428). The extent of this right extends from the time that judicial proceedings have been initiated against the accused, whether by way of formal charge, preliminary hearing, indictment, information, or arraignment (Brewer v. Williams, 430 U.S. 387, 97 S.Ct. 1232), through to sentencing (Mempa v. California, 372 U.S. 353, 83 S.Ct. 814). There is no absolute right to appointed counsel in postconviction proceedings. Pennsylvania v. Finley, 481 U.S. 551, 107 S.Ct. 1990, 95 L.Ed.2d 539. "Counsel" however within the Sixth Amendment does not include a lay person but refers only to person authorized to practice law. U.S. v. Grismore, C.A.Colo., 546 F.2d 844, 847. See also Assistance of counsel; Critical stage; Effective assistance of counsel; Escobedo rule; Miranda rule; Public defender.

a. BLACK'S LAW DICTIONARY, 7th Ed. (1999), p. 1224, reads (in part):

procuration ... 1. The act of appointing someone as an agent or attorney-in-fact. 2. The authority vested in a person so appointed; the function of an attorney. 3. PROCUREMENT.

PROCURATION. In Civil Law. The act by which one person gives power to another to act in his place, as he could do himself. ... Action under a power of attorney or other constitution of agency. A letter of attorney.
An express procuration is one made by the express consent of the parties. An implied or tacit procuration takes place when an individual sues [sic] another managing his affairs and does not interfere to prevent it. ...
Procurations are also divided into those which contain absolute power, or a general authority, and those which give only a limited power. ...
Procurations are ended in three ways: first, by the revocation of the authority; second, by the death of one of the parties; third, by the renunciation of the mandatory, when it is made in proper time and place and it can be done without injury to the person who gave it. ...

8.b. I reasonably infer from my extensive reading of court cases, statutes, and codes that "representation by attorney" seems to presume that the person "represented" is either legally incompetent (a corporation/estate/trust, a minor, or a person of unsound mind) and so cannot act for him/herself, or that the person "represented" is a "alien enemy" who does not have access to the courts of the United States of America in his own Right, but only through "representation by attorney".

8.c. I reasonably infer that "representation by attorney" as attempted by a court would make things easier on the court and also would make it simpler for the court and its attorneys to "manage" the cause and would amount to the court creating a procurator on my behalf.

8.d. I reasonably infer said "representation by attorney"/procuration to be very similar, if not identical, to the practice of the former English Star Chamber.

9.a. The California Legislature has acted concerning "representation by counsel":

West's Ann.Cal.C.C.P. (1999), � 283 reads (emphasis added):

An attorney and counselor shall have authority:
1. To bind his client in any of the steps of an action or proceeding by his agreement filed with the Clerk, or entered upon the minutes of the Court, and not otherwise;
2. To receive money claimed by his client in an action or proceeding during the pendency thereof, or after judgment, unless a revocation of his authority is filed, and upon the payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment.

10.a. The website California Courts: Court Admin: Aoc (http://www.courtinfo.ca.gov/courtadmin/aoc/ [as of March 13, 2002]) reads (in part):

The Administrative Office of the Courts (AOC) serves as the staff agency to the Judicial Council of California. The 27-member Judicial Council is the policy-making body of the California courts,...
The AOC consists of 12 divisions and units. ...
5. The Education Division--the Center for Judicial Education and Research (CJER) is the Judicial Council's educational resource for the entire judicial branch. It offers a comprehensive statewide educational program to judges and judicial branch staff at the trial and appellate court levels.

The California Center for Judicial Education and Research (CJER), as the Education Division of the Administrative Office of the Courts (AOC), is responsible for developing and maintaining a comprehensive and quality educational program for the California judicial branch.

[�52.1] SCOPE OF BENCHGUIDE
This benchguide provides an overview of the procedure for handling a misdemeanor arraignment....

[�52.2] PROCEDURAL CHECKLIST
(3) If defendant appears with counsel, determine if formal arraignment is waived. Generally, defense counsel will indicate representation of defendant and waive a reading of the complaint and advisement of rights.

[�52.4] Informing Defendant of Charges
When the defendant's case is called, the court will read the misdemeanor complaint to the defendant and deliver a copy of the complaint to the defendant at his request. Pen C �988. Some courts summarize the charge(s) instead of reading the complaint. If the defendant appears with counsel, the court should seek from defense counsel a waiver of a formal reading of the complaint. Experienced counsel often initiate the waiver.

[�52.8] Receiving Defendant's Plea
Following the reading of the accusatory pleading and the appointment of counsel, the court asks the defendant whether he or she is ready to plead. Pen C �988. Six pleas are available to the defendant: (1) guilty. (2) not guilty, (3) nolo contendere, (4) former conviction or acquital of the charged offense, (5) once in jeopardy, and (6) not guilty by reason of insanity. Pen C �1016. The plea can be made either by the defendant or by defense counsel. See �52.15. If the defendant is not ready to enter a plea, the court must continue the matter for not more than seven days. Pen C �990.

[�52.9] Setting Next Court Appearance
...In misdemeanor cases, a trial must be set no later than 30 days after the defendant is arraigned or enters a plea, whichever occurs later, if the defendant is in custody at the time of arraignment or plea. Defendants not in custody must be brought to trial within 45 days of arraignment or plea. Pen C. � 1382(a)(3). However, defendants not in custody commonly waive time for trial. A time waiver by a defendant not represented by counsel is effective only after the court advises the defendant of his or her rights under Pen C 1382 and the effect of a time waiver. Pen C �1832(c); In re Smiley (1967) 66 C2d 606, 58 CR 579.

[�52.15] Entry of Plea by Counsel
In misdemeanor cases, a plea may be made by counsel for an absent defendant. Pen C ��977(a)(1), 1429; Mills v Municipal Court (1973) 10 C3d 288, 305, 110 CR 329. A guilty plea is valid if accompanied by a written waiver form "drafted both to be understandable to the average layman and to require personal participation by the defendant so as to insure that he actually read the form." 10 C3d at 305....

[�91.2] PROCEDURAL CHECKLIST
(3) If defendant appears with counsel, determine if formal arraignment is waived.
...JUDICIAL TIP: Generally, at this point, private defense counsel or the public defender will stand, indicate representation of the defendant, waive a reading of the complaint and an advisement of rights, state that the defendant pleads not guilty, and ask the court to schedule the preliminary examination. ...

[�91.3] Practical Considerations
As a practical matter, handling felony arraignments is simple and the trial courts are usually able to process numerous cases in a short period of time. ...
... After the case is called, defense counsel will then stand, indicate representation of the defendant, waive a reading of the complaint and an advisement of rights, state that the defendant pleads not guilty, and ask the court to schedule the preliminary examination.

[�91.8] Right to counsel
A defendant in a criminal case has a federal constitutional right to be represented by counsel at all critical stages of the prosecution. People v Marshall (1997) 15 C4th 1, 20, 61 CR2d 84. The sixth amendment right to counsel attaches at the time adversary judicial proceedings are initiated against an defendant, e.g., when the defendant is indicted or arraigned. People v Frye (1998) 18 C4th 894, 989, 77 CR2d 25.

10.e. The California Supreme Court has held:

Defendant contends that the failure of his counsel to object demonstrates a lack of knowledge of the law that establishes a denial of his constitutional right to "effective aid in the preparation and trial of the case." (Powell v. State of Alabama, 287 U.S. 45, 71 [53 S.Ct. 55, 77 L.Ed 157, 171-172, 84 A.L.R. 527, 541].)...
It is counsel's duty to investigate carefully all defenses of fact and of law that may be available to the defendant, and if his failure to do so results in withdrawing a crucial defense from the case, the defendant has not had the assistance to which he is entitled. (People v. Mattson, 51 Cal.2d 777, 790-791 [336 P.2d 937]; People v. Avilez, 86 Cal.App.2d 289, 296 [194 P.2d 829]; see also Mitchell v. United States, 259 F.2d 787, 793.)
People v. Ibarra (1963), 60 Cal.2d 460, 464, 34 Cal.Rptr. 863, 386 P.2d 487.

10.g. I further reasonably infer that I would be unable to receive a fair trial before a judge who had trained for his/her position using the California Judges Benchguides as set out above.

11. The United States Supreme Court has held:

What, then, does a hearing include? Historically and in practice, in our own country at least, it has always included the right to the aid of counsel when desired and provided by the party asserting the right. ... Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence. If in any case, civil of [sic] criminal, a state or federal court were arbitrarily to refuse to hear a party ... it reasonably may not be doubted that such a refusal would be a denial of a hearing, and, therefore, of due process in the constitutional sense.
Powell v. State of Alabama (1932), 287 U.S. 45, 68-69.
(http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=287&invol=45 [as of March 16, 2002])

12.b. I reasonably expect that any assigned or appointed attorney would be, and is, assigned or appointed to assist me, to the best of his/her ability, in presenting my own defense within the procedural constraints with which I am unfamiliar.

12.c. I do not and cannot consent, agree, or acquiesce to "representation by attorney"/procuration in the place of the constitutionally mandated and guaranteed "assistance of counsel".

13. NOTICE IS HEREBY GIVEN: that I Object to "representation by attorney" and do not waive my constitutionally-guaranteed right to the meaningful assistance/aid of a competent counsel who is free of bias, mis-education, and conflict-of-interest to present my own defense.

I Certify within the laws of the State of California, that the foregoing is true, correct,and complete.

Dated: ____________________________________

At: _______________________________________

Signed: ___________________________________________