Thomas Murrell Thornhill III
c/o Box 1755, U.S.P.S.
Nevada City, California, united states of America
In my own person, without the assistance of counsel
No telephone service maintained
[Date]

THE JUDICIAL COUNCIL OF CALIFORNIA

(a corporation)

doing business as

THE NEVADA COUNTY SUPERIOR COURT

(a fictitious business)

THE STATE BAR OF CALIFORNIA	)	Notice of
AND PARTY(IES) UNKNOWN	)	Disqualification of
	)	the District Attorney.
VERSUS	)	(per 1424 P.C.)
	)
THOMAS M. THORNHILL, III	)	Case number: [?]
(a legal fiction)	)	Place: 201 Church Street
	)	Nevada City, California
	)	Date: [?]

Declarant, ___________________________________________, is a competent witness 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 one of the people of California.

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

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.

4.a. It is an undisputed Fact that the California Legislature created the State Penalty Fund as codified in West's Ann.Cal.Penal Code, § 1464(e), set out below (emphasis added):

1464.(a) Subject to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, there shall be levied a state penalty, in an amount equal to ten dollars ($10) for every ten dollars ($10) or fraction thereof, upon every fine, penalty, or forfeiture imposed and collected by the courts for criminal offenses, including all offenses, except parking offenses as defined in subdivision (i) of Section 1463, involving a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. Any bail schedule adopted pursuant to Section 1269b may include the necessary amount to pay the state penalties established by this section and Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code for all matters where a personal appearance is not mandatory and the bail is posted primarily to guarantee payment of the fine.
(b) Where multiple offenses are involved, the state penalty shall be based upon the total fine or bail for each case. When a fine is suspended, in whole or in part, the state penalty shall be reduced in proportion to the suspension.
(c) When any deposited bail is made for an offense to which this section applies, and for which a court appearance is not mandatory, the person making the deposit shall also deposit a sufficient amount to include the state penalty prescribed by this section for forfeited bail. If bail is returned, the state penalty paid thereon pursuant to this section shall also be returned.
(d) In any case where a person convicted of any offense, to which this section applies, is in prison until the fine is satisfied, the judge may waive all or any part of the state penalty, the payment of which would work a hardship on the person convicted or his or her immediate family.
(e) After a determination by the court of the amount due, the clerk of the court shall collect the penalty and transmit it to the county treasury. The portion thereof attributable to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code shall be deposited in the appropriate county fund and 70 percent of the balance shall then be transmitted to the State Treasury, to be deposited in the State Penalty Fund, which is hereby created, and 30 percent to remain on deposit in the county general fund. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by a county.
(f) The moneys so deposited in the State Penalty Fund shall be distributed as follows:
(1) Once a month there shall be transferred into the Fish and Game Preservation Fund an amount equal to 0.33 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month, except that the total amount shall not be less than the state penalty levied on fines or forfeitures for violation of state laws relating to the protection or propagation of fish and game. These moneys shall be used for the education or training of department employees which fulfills a need consistent with the objectives of the Department of Fish and Game.
(2) Once a month there shall be transferred into the Restitution Fund an amount equal to 32.02 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Those funds shall be made available in accordance with Section 13967 of the Government Code.
(3) Once a month there shall be transferred into the Peace Officers' Training Fund an amount equal to 23.99 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month.
(4) Once a month there shall be transferred into the Driver Training Penalty Assessment Fund an amount equal to 25.70 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month.
(5) Once a month there shall be transferred into the Corrections Training Fund an amount equal to 7.88 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month.
Money in the Corrections Training Fund is not continuously appropriated and shall be appropriated in the Budget Act.
(6) Once a month there shall be transferred into the Local Public Prosecutors and Public Defenders Training Fund established pursuant to Section 11503 an amount equal to 0.78 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. The amount so transferred shall not exceed the sum of eight hundred fifty thousand dollars ($850,000) in any fiscal year. The remainder in excess of eight hundred fifty thousand dollars ($850,000) shall be transferred to the Restitution Fund.
(7) Once a month there shall be transferred into the Victim-Witness Assistance Fund an amount equal to 8.64 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month.
(8)(A) Once a month there shall be transferred into the Traumatic Brain Injury Fund, created pursuant to Section 4358 of the Welfare and Institutions Code, an amount equal to 0.66 percent of the state penalty funds deposited into the State Penalty Fund during the preceding month. However, the amount of funds transferred into the Traumatic Brain Injury Fund for the 1996-97 fiscal year shall not exceed the amount of five hundred thousand dollars ($500,000). Thereafter, funds shall be transferred pursuant to the requirements of this section.
(B) Any moneys deposited in the State Penalty Fund attributable to the assessments made pursuant to subdivision (i) of Section 27315 of the Vehicle Code on or after the date that Chapter 6.6 (commencing with Section 5564) of Part 1 of Division 5 of the Welfare and Institutions Code is repealed shall be utilized in accordance with paragraphs (1) to (8), inclusive, of this subdivision.

11503. There is hereby created in the State Treasury the Local Public Prosecutors and Public Defenders Training Fund for the support of the Prosecutors and Public Defenders Education and Training Program, established pursuant to this title.

4.d. It is an undisputed Fact that pursuant to West's Ann.Cal.Penal Code, § 1424(f)(6), both THE OFFICE OF THE DISTRICT ATTORNEY and THE OFFICE OF THE PUBLIC DEFENDER in this county can expect to receive monies from the Local Public Prosecutors and Public Defenders Training Fund if there are any monies in said Fund.

4.e. It is a reasonable inference that there would be no monies in the State Penalty Fund or the Local Public Prosecutors and Public Defenders Training Fund unless THE OFFICE OF THE DISTRICT ATTORNEY vigorously prosecutes and wins many cases and THE OFFICE OF THE PUBLIC DEFENDER successfully fails-to-defend (or convinces its "clients" to "accept a guilty plea bargain") in the very same cases.

4.f. Declarant makes a reasonable inference that the situation mentioned in 4.d. above constitutes an inherent, irreconcilable Conflict of Interest for both THE OFFICE OF THE DISTRICT ATTORNEY (and each and every of its member attorneys) and THE OFFICE OF THE PUBLIC DEFENDER (and each and every of its member attorneys) in Nevada County, California, in the event that either entity actually receives, or has received, any monies from the Local Public Prosecutors and Public Defenders Training Fund.

4.g. Declarant has no personal knowledge of whether or not said entities actually receive monies from the Local Public Prosecutors and Public Defenders Training Fund.

5. It is an undisputed Fact that the Legislature specifically created a statutory remedy for this situation in West's Ann.Cal.Penal Code, § 1424(a), set out below (emphasis added):

1424.(a)(1) Notice of a motion to disqualify a district attorney from performing an authorized duty shall be served on the district attorney and the Attorney General at least 10 days before the motion is heard. The notice of motion shall set forth a statement of the facts relevant to the claimed disqualification and the legal authorities relied upon by the moving party. The Attorney General may appear at the hearing on the motion and may file with the court hearing the motion a written opinion on the disqualification issue. The motion may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial. An order recusing the district attorney from any proceeding may be reviewed by extraordinary writ or may be appealed by the district attorney or the Attorney General. The order recusing the district attorney shall be stayed pending any review authorized by this section.
(2) An appeal from an order of recusal or from a case involving a charge punishable as a felony shall be made pursuant to Chapter 1 (commencing with Section 1235) of Title 9, regardless of the court in which the order is made. An appeal from an order of recusal in a misdemeanor case shall be made pursuant to Chapter 2 (commencing with Section 1466) of Title 11, regardless of the court in which the order is made.
(b)(1) Notice of a motion to disqualify a city attorney from performing an authorized duty involving a criminal matter shall be served on the city attorney and the district attorney at least 10 days before the motion is heard. The notice of motion shall set forth a statement of the facts relevant to the claimed disqualification and the legal authorities relied on by the moving party. The district attorney may appear at the hearing on the motion and may file with the court hearing the motion a written opinion on the disqualification issue. The motion may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial.
(2) An order recusing the city attorney from a proceeding may be appealed by the city attorney or the district attorney. The order recusing the city attorney shall be stayed pending an appeal authorized by this section.An appeal from an order of disqualification in a misdemeanor case shall be made pursuant to Chapter 2 (commencing with Section 1466) of Title 11.
(c) Motions to disqualify the city attorney and the district attorney shall be separately made.

7. The court must, upon determining the Fact that said entities actually receive, or have received, monies from the Local Public Prosecutors and Public Defenders Training Fund, issue an Order (pursuant to West's Ann.Cal.Penal Code, § 1424(a)(1)) to Recuse the OFFICE OF THE DISTRICT ATTORNEY (and/or anyone acting or Purporting to act by or through his/her authority) from this matter on the Ground of prima facie Disqualification for Conflict of Interest such as "would render it unlikely that the defendant would receive a fair trial".

I certify under the laws of California that the foregoing is true and correct.

Sworn and subscribed this Day, the ______________ day of___________________ in the year of Our Lord, two thousand and one, at ____________________________city, ________________________county, ____________________________state, united states of America.

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