DOE to Teachers: No Good Deed Goes Unpunished

City Limits WEEKLY
Week of: March 24, 2008
Number: 632

TEACHERS' GOOD DEEDS PUNISHED BY DEPT. OF ED

Under a new DOE program, those who teach lower-performing students likely will earn poor marks themselves. One Jamaica High School teacher asks: What kind of incentive is that? By JB McGeever, City Limits

Two times a year the New York State English Regents Exam descends on the high schools of our city, requiring juniors to compose four comprehensive essays over a period of two days. January's outcomes guided the makeup of the current semester's classes, where we're now getting ready for the next round in June. In my building, preparation for the exam begins in the ninth grade and continues right until the students enter class to take the exam.

“Hey, Mister!” a voice will ring down the hallway just minutes before the test. “Who wrote about those mice and men? George Steinbrenner, right?”

In line with the federal No Child Left Behind Act rules, everyone takes the exam in their junior year regardless of their proficiency in English. The student who’s been in the system since kindergarten takes it, as well as the child who recently arrived in America and whose second, third, or fourth language might be English. Whether they have designs on going to college after graduation or going on to become mechanics and electricians, they are going to sit for that exam.

The more students a school gets to pass, the better the school looks. As a result, many schools have pushed up the date for students to take the test. Rather than taking it for the first time in June, why not usher them in five months early and see what happens? If they pass, great, if not, get ready for round two. Even better, let’s start grading teachers on the results.

It came to light right around the winter Regents that the Department of Education initiated an under-the-radar pilot program where 2,500 teachers at 140 city public schools are being rated, based on student performance on standardized tests, without their knowledge. Sadly, some in the local media weighed in with typical lay comments and cliches regarding the teaching profession: “Imagine teachers treated like other professionals – having their performance monitored and quantified.” But this kind of scoring just doesn't make sense.

Out of five classes taught last semester, I had one class of juniors, three groups of sophomores, and one senior elective. The juniors were an interesting bunch – bright, friendly, and respectful, one of the most enjoyable classes I’ve ever taught. And their results ran the gamut, lots of highs and lows. Some overslept and missed the exam, while others arrived early and pulled off stunning victories. Jamal got his 97, but Forrest received a 51.

As much as I would like to take credit for Jamal’s grade, the truth is he’s a self-starter who sits up front, takes good notes and never misses class. Forrest, however, disappeared around the holidays: “Going on vacation, bye.” He was gone for nearly six weeks, missing a lot of Regents preparation. He was probably visiting family he hadn’t seen in awhile, but should his extended holiday have any bearing on my teaching career?

There’s also no need to congratulate myself when Clarissa scores a high 86. She’s quiet, attentive, and likes to read. I did my job each day and she did hers. Or Victor, who managed to get himself suspended for three weeks, then recorded a 47. All four of these kids were in the same class and all four of them are responsible for their test scores.

When it comes time to give Jamal’s family a call to congratulate them on their son’s success, I discover that he lives in a group home. I’m taken aback. I expected to speak to the man Jamal identified as Dad on parent-teacher night, but he was really just the counselor on duty. It’s difficult to explain Jamal. He defies Department of Education logic and statistics. Over a period of two mornings he left his group home, reported to a high school that’s been labeled as "persistently dangerous," submitted to scanning and frisking on his way in – then sat down to record one of the highest scores in the state.

As the new school semester began, my class of juniors moved on. Many of them became friendly faces in the hallway, while a few return to my classroom. Jamal reports to an honors class, where he’ll have the opportunity to take AP English next year. But Forrest is right back with me, preparing for round two. He sits up front this time, but still, his method of wiring himself for iPod use is ingenious.

Forrest has now been placed in a transitional English class, which means that every student in the room scored below 55 on their English Regents Exam. I requested this population because I enjoy the challenge of trying to reach them. Based on past experience, approximately one-third of these students will pass their Regents this June. Under the DOE’s new Big Brother tactics of monitoring a teacher’s success rate, why would I willingly volunteer for such a suicide mission? Shouldn’t I have lobbied for an honors class full of Jamals to make me look good?

Also, the so-called "transitional" students tend to take more than one English class, so who gets credit for their success when they eventually do pass the exam on their second or third attempt? Instead of focusing on students, teachers are forced to worry about statistics and standings in their departments. That makes Forrest no longer a challenge in the classroom, but a number with the potential to make me look bad. Rather than marveling at Jamal’s growth as a human being when I see him in the hallway, I might stare at him longingly, thinking, “Damn, there goes my meal ticket.” The DOE’s secret monitoring program is nothing more than a new way to instill fear and obtain control.

What makes monitoring or “proving a teacher’s worth” even more absurd is the concept of equal playing fields for all. My building was mislabeled as an Impact School last year, which means it is now regarded as one of the most dangerous schools in the city. Once a school is branded as Impact, a script is then followed to shut the place down.

Coincidentally, before the DOE can get its hands on a school and chop it up into "smaller learning communities," it must first get it labeled as dangerous. Security is intensified. Letters are sent home to parents, notifying them that their child may transfer out of a "dangerous" building if he or she chooses, and incoming freshman opt to go elsewhere when it’s time to select a school. The faculty is left to shrug and wonder where all these dangerous kids are hiding.

The crowds in the school’s hallways then begin to shrink, teachers are "excessed," and the budget is cut. The atmosphere becomes bleak, like something out of an old Western. It’s time to shoot the horses and circle the wagons because rations are low and the enemy is closing in.

Yet the DOE machine keeps rolling. During Regents week, my school was notified that a "brand new academy" will exist inside of our 80-year-old building next year. It will be virtually the same place, just with an imaginary border laid out. The new school will also be funded by the Bill and Melinda Gates Foundation, as well as the Michael and Susan Dell Foundation, while what’s left of Jamaica High School is systematically starved to death.

But if the building is really as dangerous as the city claims, why would it pick this particular campus to establish a brand new privately funded high school? The only answer is that the building was never dangerous to begin with. The DOE just wanted the space, so it set Jamaica up for failure.

Do Stuyvesant, Brooklyn Tech, or Bronx Science, three of the finest specialized schools in the city, have Jamaica’s problems to contend with? They have waiting lists to get in, while Jamaica struggles with a two-year-long DOE chokehold. Whose secretly monitored test scores do you think will be more impressive?

One of my colleagues in graduate school recalled a recent incident in class. When she introduced herself and her school, the DOE official moonlighting as instructor explained that she was familiar with the building and that the school’s fate had been decided long ago. “Jamaica High School is a warehouse,” the instructor said. She then advised the teacher to stop battling the DOE, to comply with the inevitable, or transfer out.

A warehouse. Any adult who’s witnessed children passing through metal detectors each morning, then frisked with scanning wands, not because they’re dangerous, but for political reasons, knows what a disgraceful remark this is.

- JB McGeever

JB McGeever has been a teacher for 11 years and at NYC public schools for four. Students' names above are pseudonyms.

Vacating a Section 3020-a arbitration award

Vacating a Section 3020-a arbitration award
Westhampton Beach UFSD v Ziparo, App. Div., Second Dept., 275 AD2d 411

It is not unusual for a party to decide to challenge the determination of the hearing officer or panel following a Section 3020-a disciplinary action. Essentially a Section 3020-a decision is treated as an arbitration award and thus the provisions of Article 75 of the Civil Practice Act and Rules [CPLR] control any attempt to vacate such an award.

As the Westhampton Beach decision by the Appellate Division, Second Department, demonstrates, the grounds for vacating an award under Article 75 are very limited.

The district filed certain disciplinary charges against David Ziparo (see below). The Section 3020-a hearing officer found him guilty of the charges. The penalty imposed: suspension without pay for one year. In addition, the hearing officer conditioned Ziparo’s return to teaching upon his obtaining a certification of psychiatric fitness.

Westhampton appealed a State Supreme Court’s confirmation of the hearing officer’s determination. The Appellate Division dismissed the appeal, ruling that Westhampton did not demonstrate any basis for vacating the award under CPLR 7511 and the hearing officer’s determination has a rational basis and is supported by the record.

On what basis could a court vacate a determination by a Section 3020-a hearing officer or panel? Section 7511(b)(1) of the CPLR allows a court to vacate or modify an award only if it finds:

1. Corruption, fraud or misconduct in procuring the award; or

2. Partiality of an arbitrator appointed as a neutral, except where the award was by confession;

3. An arbitrator, or agency or person making the award exceeded his power or so imperfectly executed it that a final and definite award upon the subject matter submitted was not made; or

4. The failure to follow the procedure set out in Article 75, unless the party applying to vacate the award continued with the arbitration with notice of defect and without objection.

In addition, courts have held that an arbitration award may be vacated if it is inconsistent with a strong public policy.

Another important consideration when deciding whether to challenge a Section 3020-a disciplinary determination: the statute of limitations. Section 3020-a(5) provides that such a challenge must be filed within ten days of the receipt of the decision -- a very short period in which to perfect the appeal.
By Harvey Randall, Esq. on Wednesday, June 27, 2007

Appeal of administrative disciplinary action must be presented to the proper forum
Westhampton Beach UFSD v Ziparo, 275 A.D.2d 411
LINK

In a proceeding pursuant to CPLR article 75 to modify a determination of a Hearing Officer made pursuant to Education Law § 3020-a, dated February 3, 1999, which, after a hearing, sustained certain charges against the respondent David Ziparo, suspended him for one year without pay, and conditioned his return to teaching upon a certification of psychiatric fitness, the Board of Education of the Westhampton Beach Union Free School District appeals from a judgment of the Supreme Court, Suffolk County (Floyd, J.), entered August 19, 1999, which denied the petition and confirmed the determination.

Ordered that the the judgment is affirmed, with costs.

The Supreme Court properly confirmed the Hearing Officer's determination since the petitioner did not demonstrate any basis for vacating it under CPLR 7511 (see, Education Law § 3020-a [5]; Matter of Roemer v Board of Educ., 268 AD2d 479; cf., Matter of Board of Educ. v Yusko, 269 AD2d 446). The Hearing Officer's determination has a rational basis and is supported by the record (see, CPLR 7511; Matter of Fischer v Smithtown Cent. School Dist., 262 AD2d 560).

The petitioner's remaining contention is without merit.

Mangano, P. J., O'Brien, Sullivan and H. Miller, JJ., concur.

The Appellate Division affirmed Supreme Court Justice Floyd ruling, set out below:

ORDERED that this application by Petitioner seeking to modify and/or vacate a certain arbitration award is considered under Education Law 3020-a and CPLR 7511 and is denied. The petition is dismissed. The award is confirmed.

The Respondent is a tenured physical education teacher for the past 23 years within the Petitioner’s school district. On April 8, 1998, Petitioner school district proffered charges against the teacher which included, inter alia, conduct unbecoming a teacher and insubordination for inflicting corporal punishment against several students by striking them with a belt. On another occasion, the teacher allegedly “pushed” a student and issued “vulgarities.”

Following a hearing pursuant to Education Law 3020-a, the hearing officer, in a 55 page written decision, found the teacher “guilty of a number of charges” including the use of corporal punishment. However, because of an otherwise 23 year unblemished teaching record, the hearing officer did not recommend the teacher’s termination. Rather, the hearing officer recommended that the teacher be suspended without pay for one year from February 1, 1999 until January 31, 2000 subject to being certified to return to his teaching duties by a mutually agreed upon psychiatrist.

On the instant petition, the Petitioner seeks to modify the recommendation of the hearing officer by directing that the teacher be terminated from his employment contending, inter alia, that the recommendation is irrational, violative of public policy and subject to review under Article 78 asserting that the award is arbitrary, capricious and an abuse of discretion. The Respondent demurs and does not dispute the hearing officer’s findings but urges that judicial review is limited to the confines of Article 75 rather than Article 78.

Education Law 3020-a(5) provides in part the following:

5. Appeal. Not later than ten days after receipt of the hearing officer’s decision, the employee or the employing board may make an application to the New York state supreme court to vacate or modify the decision of the hearing officer pursuant to section seven thousand five hundred eleven of the civil practice law and rules. The court’s review shall be limited to the grounds set forth in such section.

In view of this unambiguous legislative mandate, this Court must apply the standard of review of Article 75, that is, CPLR 7511 and not that of Article 78.

CPLR 7511(b) (1) sets forth the criteria upon which a Court may vacate or modify an award:

(i) corruption, fraud or misconduct in procuring the award; or (ii) partiality of an arbitrator appointed as a neutral, except where the award was by confession; or (iii) an arbitrator, or agency or person making the award exceeded his power or so imperfectly executed it that a final and definite award upon the subject matter submitted was not made; or (iv) failure to follow the procedure of this article, unless the party applying to vacate the award continued with the arbitration with notice of defect and without objection.

Here, this Court discerns no basis under CPLR 7511(b) (1) to modify or vacate the hearing officer’s recommendation. Indeed, the hearing officer made findings of fact consistent with those facts as asserted by Petitioner. Petitioner urges termination upon the basis that the hearing officer’s determination to suspend the Respondent for one year rather than terminate his employment with the school district is “irrational.” Although neither party to this proceeding has submitted a transcript of the entire hearing, a review of the record now presented fails to reveal that the hearing officer’s recommendation is “irrational.” Rather, the record and the hearing officer’s recommendations reflect the seriousness of the charges and notes that except for the current charges, no other charges have ever been filed by the District against the Respondent in the prior twenty two years of tenured service to the district.

Moreover, Education Law 3020-a(4) (a) permits a hearing officer to impose a variety of penalties to include a written reprimand, a fine, a suspension for a fixed time without pay, or dismissal. In lieu of the foregoing, the hearing officer is also empowered to impose remedial action upon the employee including directing the employee to seek counseling or medical treatment. The hearing officer was well within his authority to direct the suspension of the Respondent for one year and that his return to his teaching duties would be conditioned upon being certified as fit for duty by a psychiatrist. Given the charges and the Respondent’s otherwise unblemished record, the hearing officer’s determination imposing a one year suspension without pay is a significant financial penalty, reflects the seriousness of the charges proffered and proven by the district and cannot be construed by this Court as irrational.

Further, the hearing officer was also within his authority to condition Respondent’s return to his teaching duties upon a certification by a mutually agreed upon psychiatrist. Such condition is remedial in nature, does not violate Education Law 913 and insures that the District’s, the hearing officer’s, and the Respondent’s concerns regarding his fitness to continue his profession are judged by an impartial objective evaluation.

Accordingly, the hearing officer’s determination reflects a balanced decision based on the facts and well within his authority as defined by Education Law 3020-a. The remainder of Petitioner’s arguments are without merit and the petition is dismissed. The hearing officer’s determination is confirmed.

Submit order confirming the hearing officer’s award.
Posted by Plain English Legal Publications at Wednesday, August 22, 2007

Vacating a disciplinary arbitration award

Roemer v NYC Bd. of Ed., App. Div., Second Dept., 268 AD2d 479, Motion for leave to appeal denied, 94 NY2d 763

The Roemer decision serves as a reminder that the grounds for appealing a Section 3020-a disciplinary determination are very limited. In order to overturn a Section 3020-a arbitration award, it is necessary to prove that one or more of the statutory reasons set out in Article 75 of the Civil Practice Law and Rules for vacating the award exist.

Under Article 75, [Section 7511.b] an arbitrator’s award can be vacated if a court finds that the rights of a party were violated because of corruption, fraud or misconduct in obtaining the award; the arbitrator was not impartial; to one party; the arbitrator exceed his or her powers or so imperfectly exercised them that a final determination was not made or the arbitration procedures were not followed [unless the party objecting to the award continued with the arbitration without objection after becoming aware of the defect].

Here David Roemer, a New York City schoolteacher, was terminated after the Section 3020-a arbitrator found him guilty of charges of incompetence and insubordination. He attempted to vacate the award. However, the Appellate Division sustained the Supreme Court’s dismissal of Roemer’s petition to vacate the award because Roemer “did not demonstrate” any basis for vacating the award under Section 7511.

In addition to the limited grounds for vacating the arbitration award set in Section 7511, Section 3020-a set a very short statute of limitations for filing a petition to overturn or modify the award as well as settling other limitations in such cases. Section 3020-a.5 sets out the following limitations with respect to challenging a Section 3020-a disciplinary determination:

1. Not later than ten days after receipt of the hearing officer’s decision, the employee or the employing board may make an application to the New York state supreme court to vacate or modify the decision of the hearing officer pursuant to CPLR Section 7511.

2. The court’s review shall be limited to the grounds set forth in Article 75. Further, the hearing panel’s determination shall be deemed final for the purpose of such proceeding.

3. In no case shall the filing or the pendency of an appeal delay the implementation of the decision of the hearing officer.

Point 3 is particularly significant as it allows the appointing authority to impose the penalty determined by the arbitrator while the decision is being challenged.

By Harvey Randall, Esq. on Friday, May 11, 2007

COURT SURVIVAL GUIDE: a funny serious look at surviving in court when you are not a judge or a lawyer

1. This COURT Survival Guide is offered as educational material only, and is by no means complete nor all-inclusive. There is a wealth of information here which can be applied to any case where a government agency is bringing a criminal action against a Citizen, such as traffic and IRS cases, the information in total may or may not apply to you. And there will always be more details and knowledge which applies to your case, and you are obliged to collect as much information as there exists for your purposes, from all sources. There are just too many parameters in the legal process, to adequately cover all possible scenarios for a given situation, in one manual. Hence,
this guide is general at best, and cannot be expected or be held to suffice as 'legal advice' at the level expected from 'licensed' attorneys. The main advantage here, however, is that the guide tends to illuminate much of what the judges and attorneys do not want you to know. You can cut right to the chase, if you want, and eliminate considerable time and confusion to win your case.

2. If you have successfully followed the guidelines in the Vehicle Survival Kit and/or the Citation Refusal Kit, you may not need a Court Survival Kit, by virtue of not having to appear in court on some phony traffic charge.

3. There is a lot to this guide, because each case is different; however you may focus on the easy and quick method which requires only 1 court appearance. The rest of the guide covers other cases that have somehow slipped thru the cracks.

4. We get a lot of calls from people who first get themselves into a traffic court, and then decide to find out about Sovereignty (i.e. the cart before the horse). So we have published this guide to offer help with these cases as well.

5. The fact that you have obtained this guide, suggests that something has gone awry in your path of Sovereignty. Either you have not been able or allowed to follow the procedures which keep you out of court, such as found in the Vehicle Survival Kit (VSK) or the Citation Refusal Kit (CRK), or someone you know has managed to get into a jam before establishing your Sovereignty. This guide addresses cases such as these, to help empower the People who are coming from an obviously disadvantaged legal position, as there is no completely fool-proof technique to always beat the system. So here we are attempting to improve the odds considerably.

6. The purpose of the Court Survival Kit is to help you effectively handle any court confrontation in which you risk losing more of your rights, money, freedom, and/or property. It is assumed that you are somehow obliged to appear in court for something, and you want to protect whatever rights you have left. This guide contains techniques that can help in any traffic case, tax/IRS case, or any case brought against you by a government agency.

7. Although much of the information herein may also help in cases where you are the plaintiff/prosecutor who has filed a Common Law Suit against a public official, this guide is instead written from the perspective of defending yourself against a prosecutor who is going after you, because of charges that you know are inherently fraudulent.

8. If you really want to minimize your total risk, and be done with your case ASAP, then you might consider just acting sorry and poor, and plead guilty to the charges This is what the court expects, and this is what it is designed for. The only problem is that you will be obliged to re-integrate yourself back into the oppressive system of traffic slave laws that put you in court to begin with; you will be expected or perhaps even ordered to abide by the rules of the system. You will lose the game by not standing up for your rights, but you will have minimized your immediate cost, financial and emotional. So, in this guide, we assume that you want to WIN your case. If you haven't much to lose, then you have an advantage over the court, which has much more to lose than you do.

9. Keep your Court Survival Guide in a safe place where you can easily get to it when you need it. Maintaining a complete kit is vital for showing up in court as fully prepared as you can possibly be. This Survival Guide is intentionally written as briefly as possible so that you can easily access and use it. Knowledge of the Truth is a great tool here, but the more skillfully you can apply it in court, the more empowered you will be, in any case that challenges your freedom. Remember, this is a situation in which the knowledge alone is not enough. You must also be able to perceive things as they are happening, and to think on your feet, so that you will instantly know what options are yours to use, when you have the opportunity.

10. MOST IMPORTANT: Mere knowledge of these techniques and Truths will not be enough. Just by mentioning such things in court will not, of itself, help you win your case. A piece of paper is not by itself an automatic shield. You cannot depend on the court to police and correct itself. It is up to us, We the People to detect and demand correction to the court's errors and fraud. You must be able to think on your feet and stay on top of each argument as it comes down, so that you can logically steer the judge into a corner. You will be going head-to-head with judges who are very slippery, or who may be ignorant as to the real law, and how fraudulent their system of 'justice' is; you will have to do your homework.

MAINTAINING COMPLETE INVENTORY

Your Complete Court Survival Kit consists of:

0. THE FLAG - (you provide) A small U.S, Flag on a stand (BUT NO GOLD FRINGE). This is your basic proof and exercise of your status and rights in court. You would bring it with you and set it on each table or bench where you stand, whenever you are going to directly challenge jurisdiction.

1. YOUR PERSONAL LICENSED COURT RECORDER - (highly recommended) You must make sure that all of the court conversations are recorded without risk of being erased by the judge, so that the evidence which floats to the surface, can never be denied. Bring your own rather then rely upon the court to preserve the Truth. If this is not possible, make sure you bring people.

2. LEGAL COUNSELOR(S) - (not licensed attorneys) These are your personal helpers or counselors to sit behind you in the courtroom, to help you stay aware of and record what's happening and your options, while you are dealing with your emotions. More is better.

3. True copy or Original Paperwork - All legal documents or evidence you can find, which relate to your case status, tickets, receipts, depositions, invoices, notices, letters, warrants, names, dates, places, etc.

4. Copies of All Relevant Laws that apply to your case -- Photocopies of the statutes, codes, laws, and Constitutions, which back your position and defense.

5. COURT SURVIVAL GUIDE (provided by F.R.P. )

6. Pen and paper.

7. Pocket tape recorder- For your own protection and cost savings, to be concealed, and not to be used as 'admissible evidence'. Use this as a backup for your own licensed court recorder.

REPRESENTING YOURSELF AS A SOVEREIGN CITIZEN

You should represent yourself always 'in propria persona' (in your own person, or 'pro per'). This alone qualifies you as 'an attorney in fact', according to Black's Law Dictionary. By asserting your Sovereign Right to represent yourself in legal matters, you are establishing your status as your own attorney, without being misled, trapped, and overcharged by a 'licensed' defense attorney, who would only bind you into the very system which is dedicated to making you pay. Do not hire a licensed attorney if you intend to keep your rights and your money. There is no law which requires anyone to hire an attorney. If anyone tries to intimidate you or deny your rights by asking you if you are an attorney, you can always reply "In fact, I am". Bring your flag with you wherever you appear in court, to show your Sovereignty. By representing yourself, you are free to expose any of the many fraudulent deceptions and procedures being used against you.

The court can assign a public defender to you, if you want to just pay some money and get out. But remember, the public defender is just an officer of the court, trained to only reduce the fines in exchange for pleading guilty. If you do this, you will not be allowed to expose the corruption, you will lose your case and your money, and you will have a conviction record.

So in order to effectively represent yourself and your interests, your 'mission' is to proceed 'in propria persona' (or 'pro per'). This is what you must sign on every court document next to your name. This means that you are not only the legal counsel representing the defense, but you are also the accused whom you are representing, in person. Do not represent yourself any other way .This also means that the judge cannot lawfully hold you responsible for conducting yourself or your case, as a licensed attorney, nor can he/she force you to hire one. You are free to proceed as you see fit, as a sovereign citizen. Your legal counselors are just that, counselors. And there is no law preventing your friends from consulting with you during any court proceeding.

Some judges and prosecutors will expect you to proceed 'pro se', another method of representing yourself. Do not let this happen, because 'pro se' means that you are legally representing yourself as your own attorney, which the court can then pervert to mean that you can be told by the court how to proceed with your case, and the Judge may try to impose the same standards upon you, as are imposed on a licensed attorney. The court would be allowed to treat you, as your own attorney, differently than it would treat you, as the accused. So don't let this happen. You will know when to declare your pro per status.

USING LEGAL COUNSELORS

This is the single most helpful element of your survival in court. Some people have a natural ability as legal eagles, to know the laws and court procedures cold, and to argue law logic with the best of them, and eventually win their case. Such people are born fighters and can masterfully find their opponents' weak spots, and outwit them, many times by pure attrition. If you are one of this rare breed, you probably don't need any legal counselors with you in court. More power to you, and heaven help the lawyers that get in your way.

However, most of us regular folks have made it a point not to get involved with the legal details, not to learn any court procedure, and to avoid anything to do with the legal system altogether. Let's face it, most of us have gladly left the boring and/or offensive drudgery to the lawyers, just to stay out of court. So, it makes a lot of sense to keep the company of legal counselors, and to have them around you in your time of need. It really pays to have extra opinions and to be made aware of options when you need them.

The fact is, the courtroom environment is naturally oppressive, intimidating, and humbling AT BEST. And most people are sensitive to such an environment, to the point of dealing with more emotions than they need at the moment. So the purpose of your counselors, who are worth their weight in gold, is to keep the logical thinking process going, and to keep you aware of your legal options, while you are conducting your defense immersed in your own emotions. Although your own judgment may become occasionally cloudy or confused, your counselors' will be maintaining a much clearer understanding of the facts, the law, your rights; and they will be carefully watching the judge and prosecutor for signs and indicators. You will be able to pause the case, at any time to confer with your counselors.

THE BASIC STRATEGY IN COURT APPEARANCES

We always try to use the best, most effective, and direct strategy, up front at the 1st court appearance, so that the case is dismissed
(i.e. we win), and we never have to go back. So the balance of this court survival guide applies only to other cases that have slipped thru the cracks.

You guessed it. It's another game; no more, no less. Very much like poker. The stakes are essentially your Freedom, Money, and Property vs. the court's false Authority and Power over you (for lack of a better expression). Much of your power comes from invoking your Common Law rights. And since all have received sealed orders from the U.S. Attorney General, to change over to Article III Common Law jurisdiction, you may soon not need to work so hard to retain your rights.

OBJECT OF THE GAME: To get out of the court system as soon as possible, by getting the case dismissed or thrown out; and the system is rife with glaring opportunities for doing so. The longer you stay in the court system, the longer you are at risk, and the more money you will lose.

The judge's OBJECT is to convict you quickly and collect your money, while maintaining the illusion of Authority and Power over you. The prosecutor's OBJECT is to prove the conviction that you are guilty, at any cost (even lying), and make an psychological example of you to intimidate others.

THE PLAYERS: You, the Judge, the Prosecutor, the Jury (if any), the Officer, the other Witnesses (if any), and your Counselor(s). The Judge and the Prosecutor are both experienced players, and extremely slippery. Neither can be trusted to tell the Truth, and they will most assuredly give the impression that their words are absolute Truth and Law. In addition, you can depend on the prosecutor to be unfair, devious, fraudulent, and conniving in his/her efforts to win the game. Lawyers, in general, have absolutely no respect for the real law. They consider themselves smarter than the People, using their private exclusive membership in the Bar Association to manipulate court procedures, in order to steal money from others. Just look in the phone book and see the disproportionate number of people in this profession vs. the other professions in your area.

THE PLAYING FIELD: You are in a rigged game; you are the visitor, and playing without the home field advantage. You can forget about Truth and Justice, as these have been eliminated. The only way you will win is by embarrassing the court. This is a 'cash register’ court, with absolutely no vested interest in proving your innocence. They just want your money, and your obedience to the rules which take your money. The deck is already stacked against you, just by your showing up and being there. You are already convicted and presumed to be GUILTY. You have already been treated as GUILTY by the arresting officer, and you have proven your GUILT by signing the ticket. The judge and prosecutor are both playing together against you. They have both taken a secret oath to work as agents for the foreign banks, in their efforts to maintain control over you and your money. The game, as a minimum, will be interesting, challenging, and educational.
PLAYING THE GAME: There are many strategies, tricks, maneuvers, and legal points to 'argue' about, that are good to know. Currently, we would go for the best strategy at the first appearance, getting a quick dismissal, and avoid having to fall back on the rest of them And how you play the game will affect how your opponents play, and vice versa. Since their jurisdiction over you is conveniently implied by your unspoken consent, it must be challenged right up front, so that you will be able to stand on the Constitution, and maximize your chances of early Dismissal. Otherwise very few of your other strategies will work well. Not all of the factors will come into play in every court appearance, especially in the initial stages of your case, some of these rules apply to some
hearings, and some will apply to others, as you will see; but here are some basics that you really should understand for any such appearance.

0. RIGHTS (which they will try to cheat you out of) These are some of your rights that are good things to know in general, the lower courts do not recognize most of them, since they are not Common Law courts. To argue most of the Constitutional rights, you would need to appeal to a higher or district court. Depending on how far into your case you get, you may wish to address a few of these:

- You have the right to be informed of the nature and cause of the crime (6th Amendment). *
- You have the right to specifically reserve any or all of your rights
- You have the right to remain silent (to stand mute)(5th Amendment)
- You have the right to say what you want and to be heard (1st Amendment)
- You have the right to represent yourself 'pro per'
- You have the right to Object to any statement by the judge and/or prosecutor.
- You have the right to Recuse (dismiss) the judge
- You have the right to call Witnesses to assist your defense (6th Amendment)
- You have the right to have legal Counsel for your defense (6th Amendment)
- You have the right to conduct your defense 'pro per', free from the professional restrictions imposed upon licensed attorneys.
- You have the right to submit Motions
- You have the right to a fair trial
- You have the right to change your Plea any time before trial
- You have the right to Appeal any judicial decision
- You have the right to a speedy and fair trial by an impartial jury (6th Amendment)
- You have the right to waive court and transcript costs, on the basis of pleading 'in forma pauperis' (no money)
- You have the right to due process of the law (trial), before you are deprived of any liberty, property, or money (5th Amendment)
- You have the right to a face the inured party claiming damages (Article III and 6th Amendment)
- You have the right to face your accuser and witnesses against you (6th Amendment),
- You have the right to inform the jury of the Truth, their rights, and their duties (1st and 6th Amendments)
- You have the right to put the judge on notice of your intent to preserve your rights
- You have the right to put the judge on notice of your intent to Appeal any ruling or decision during the case
- You have the right to Protest and Object if any of your rights or demands are not being met
- You have the right to demand that the court place in evidence, any unrevealed contract, statute, law, rule, or information being used against you (6th Amendment)
- You have the right to challenge all relevant laws in this trial in terms of their intent, interpretation, fairness, enforcement, and whether they Serve and Protect the People of your State
- You have the right to personal liberty under the 13th Amendment
- You have the right to challenge the jurisdiction of this court
- You have the right to argument of recourse and remedy, under UCC 1-103 & UCC 1-203
- You have the right to demand that the code be construed in Harmony with the Common Law.
- You have the right to require translation of any citation of law or procedure into plain English

As you can see, there are a lot of details and procedure to learn. So if you are not planning to take on this level of preparation, or if you simply want to minimize your exposure to the court system, then we would suggest using the strategy mentioned herein that stands on the 6th Amendment and backs the judge into a corner. And for whatever portions of this guide you find useful, you would do well to learn those areas of choice, frontwards and backwards, so that you cannot be out maneuvered.

Here are a few general psychological tips:

1. You are Mr. Nice Guy, always polite, diplomatic, and courteous. If you lose your temper or clean language, you lose the case. You are a very smart sheep going into wolf territory.

2. You can say anything you want in court, under the 1st Amendment. But the more you say, the more you risk. Better to ask questions. And whenever a judge hears something from you that blatantly challenges or threatens his/her position as a judge, you risk the 'contempt of court' charge.

3. The judge and prosecutor are working together against you. You will see how they cover each other's butt. The Judge is supposed to be just a referee. Sometimes you can catch the prosecutor coaching the judge along and trying to control the judge's answers.

4. Whenever the judge or prosecutor is overly polite to you, it means that they want something from you very much. Beware. They are probably wanting you to agree to or say something that gives away more of your rights. A dead giveaway is when the prosecutor proposes a motion and speaks very fast so that you cannot understand.

5. The judge will always try to make you believe that you only have the options that he/she is presenting to you. Do not trust for 1 millisecond that the judge is telling the Truth or quoting the real Law. You know better.

6. The judge and prosecutor both know that, although the hearings are taped, only the transcribed written record is admissible as evidence in a later hearing You can suspect they will try to get you to believe something or communicate some lie or manipulation that will not appear on the written transcript (Oh, they are just so clever).

7. The judge is conditioned to hear grossly distorted versions of reality, from opposing viewpoints from the attorneys (liars); who in turn expect the judge to rule in their favor, by making the other attorney appear to be a bigger liar.

8. Exaggerations, false premises, and false conclusions are the primary tools of the prosecutor. And they will both interrupt you while you are talking. Learn to object immediately and limit their abuse.

9. If the judge determines you to be a fighting loudmouth patriot radical, with a bone to pick, he/she will probably make things more difficult for you. You will not be allowed to make very many (if any) Constitutional claims or arguments.

10. Know the psychology. If you let the prosecutor walk all over you, the judge will assume that you don't know very much. They will both take advantage of any weakness you show.

11. The judge will be watching and listening to you, to see how much you know about your rights, and the law. This tells him/her just how much they can get away with in court. The less they think you know, the more they will let their guard down, and the more fraud they will attempt to perpetuate.

12. The judge and prosecutor are very slick in their technique. They will both be playing according to what they think you know. If you impress them as being very knowledgeable as your own defense counsel, they will tend to be very careful not to expose themselves on the record. They've been pulling this stuff off for over 150 years, in their 'refined' and corrupted system.

13. The judge and prosecutor must, by definition, violate the Law in order to win the game. They do it all the time, and they are good at it. But they seldom run up against People with your knowledge of the Truth. And there is always a way to expose the violations, as they happen. The trick is to do so without being charged with 'contempt of court' (heavy fine$) You will be sliding them into it.

14. The judge is very good at avoiding questions when you put him/her on the spot .So you must be even better at steering the judge with your questions, into a corner.

15. The judge will try to convince you that you are in some 'regional court of Statutory jurisdiction' or other such nonsense. This is entirely false, in this case, the court is operating 'under color of law' (i.e. phony), because it is using another name for its obvious Admiralty military jurisdiction (Just look at the gold fringe on the flag). It is also fraudulent because it is operating outside of its geographical Venue, defined as the 10 miles square region of the District of Columbia. The only 3 legal jurisdictions allowed by the Constitution are summarized below with their respective basic properties.
COMMON EQUITY ADMIRALTY
Type of Penalties Criminal Civil Civil/Criminal
Basis of Law, God/Constitution Contract International Contract
Compliance with Law Life/Liberty/Pursuit ... Compelled Performance Compelled Performance
Required proof of crime Injured Party Violated Contract Violated International Contract
'Colorable' means phony, bogus, and not genuine. Chances are, if your court hasn't yet converted over to Article III Common Law yet (as per sealed executive orders from the U.S. Attorney General), then it is fraudulently operating as a "STATUTORY COURT OF COMMERCE WITH INTERNATIONAL JURISDICTION". By holding the court to a legal jurisdiction, you will automatically expose their fraud.

WINNING THE GAME: You win the game by getting a judge or Jury (if it gets that far) to dismiss or throw the case out. There is enough Truth and strategy herein to hang them with your first appearance. But based on your level of skill, preparation, and/or your personal goals, you may need to go all the way to Appeal, in order to win. Some masochistic patriots are eating this stuff up just to get the full courtroom experience. Alternately, if you are the prosecutor going after some public official, you win the game by getting the judge or jury to find the accused GUILTY as charged. This is much harder; and this is why there are Title 42 classes available, so that the People can learn the procedure that the courts do not want anyone else to know about. Thirdly, for a traffic or tax case against you, the judge and prosecutor wins by the judge or jury ruling that you have indeed done something wrong, i. e GUILTY as charged.

DEFENSIVE TECHNIQUES:

Once you have decided how to proceed with your strategy, you will be faced with having to adapt and make adjustments as you go, in order to make your plan succeed. How you use your knowledge, perceptions, and skills against the tyranny imposed by the judge and prosecutor, will determine whether you win or lose. And there are as many adaptations for you as there are judges, because of psychology. It will inevitably be a psychological contest between you and the judge.
But as long as you can perceive what the judge's game plan is from a psychological viewpoint, you will have the upper hand, because the judge's game depends on your ignorance. Fortunately, the judge can only use a few basic strategies because of the laws of court procedure and his/her duty to follow them. The prosecutor's strategy can only follow one basic plan "You are guilty, you did this or that, this clearly violates the code, you are guilty, rewind, playback; rewind; playback, etc., etc., ad nauseum."

So here are a few more general factors and guidelines in preparation for playing your winning strategy:

1. MAKE SURE THAT YOU ARE IN A COURT OF RECORD, before you say anything else. Just ask the judge if the recorder is on. This will put them on notice that you mean business and you will not be hoodwinked.

2 IF THEY ASK YOU IF YOU UNDERSTAND, SAY 'NO'. This is a sure-fire way to control the case, and to employ the best strategy described herein. If you answer YES, you are giving up your 6th Amendment liberties. So just say NO, and use this opportunity to embarrass the judge into admitting more of the Truth, the Law, or the judicial decisions relating to your 'lack of understanding'.

3 ADMIT NOTHING; ASK QUESTIONS. Every question you answer in court, digs you deeper and deeper into the jurisdiction hole. Your answers automatically give your implied consent to the court's jurisdiction and authority over you. And everything you say is already being used against you. They are trained, just like the officer to get you to admit things that incriminate you. So, it is in your favor to admit nothing, and keep asking questions. This way you will control where the discussion and evidence is going.

4. ACT DUMB, PLAY SMART. From the above game rules, you can easily see that it is to your advantage to lull the judge into a comfortable position, so that he/she will more likely expose or admit some 'mistake' on the record. So one of the most powerful ways for you to play, is to act dumb at first, and then quietly go for the throat when they slip up, expose themselves, or find themselves stuck in a lie. Most of the examples in the details below are of this strategy.

5. SMILE, GIVE THANKS, APOLOGIZE, AND ASK. This is one of the most successful strategies in the initial appearances, consistent with #4 above. It works because the judge will form a favorable opinion about your honesty, innocence, and sincerity, and then grant your request without suspecting anything (see details below).

6. BAIT, STEER, AND CORNER. This is the main tactic to use for manipulating the judge into dismissing the case. The idea is to bait the court with questions concerning your 'confusion', and then steer the Judge into providing answers which force him/her to make a judicial determination or ruling, which exposes his/her mistake or fraud. It's like painting the judge into a corner from which there is no legal way out that allows them to continue the case against you. A classic cornering question to ask is "OK now, just so I understand you precisely, has Your Honor made a judicial determination that _____ ?" (You fill in the blank with the only option left, something which clearly incriminates the judge) (Examples below).

7 KNOW YOUR OPTIONS; PAUSE WHENEVER NECESSARY. Always maintain your awareness, with the help of your counselors, of what your choices are. If you become confused, ask for clarification or time to consult your counselors. You have everything to gain, and nothing to lose. If the judge or prosecutor become uneasy in their haste to win, they will tend to make mistakes.

8. KNOW YOUR MOTIONS. A motion is a formal request to 'move' the court into an agreement or understanding on how to proceed. Know what your 'menu' of motions is at each stage of your case. You may even opt to have a Motions Hearing if your case is not dismissed right away. Go to a law library and look up 'Motions' in the reference manual, and learn what each is for and when to use it. This will be your most challenging homework assignment. A few of the more useful motions are;

- MOTION TO DISMISS THE CASE (for any of many good reasons)
- MOTION TO DECLARE MISTRIAL (because of obvious error in procedure)
- MOTION TO PROVE JURISDICTION (* dangerous, and uncommon)
- MOTION FOR DISCOVERY (to produce ALL information against you)
- MOTION TO MAKE EVIDENCE (to place missing information in evidence)
- MOTION TO RECUSE THE JUDGE (for obvious bias or prejudice against you)
- MOTION TO FIND THE PROSECUTOR IN CONTEMPT (for contemptible or rude behavior)
- MOTION FOR FACT FINDING (to expose their fraud and the real legal issues)
- MOTION FOR TRIAL BY JURY OF 12 (to let the People decide, and up the costs)
- MOTION TO SUBPEONA WITNESSES (to assist in your defense)
- MOTION TO REFUSE THE JURY FOR CAUSE (because of impartiality or ignorance)
- MOTION FOR CONTINUANCE (to move the case to the next stage)
- MOTION FOR RETRIAL (to re-try the case based on particular court defects)

The Motions to Dismiss and to Declare Mistrial should be the highest priority. And you should find every reason, and every occasion, that there is to use it. Even better is to maneuver the prosecutor to ask for Dismissal, or the judge to simply declare it. Valid reasons are: lack of jurisdiction, unlawfully obtained evidence, failure of the officer to appear, lack of evidence, evidence of extreme bias against the Defense, failure of the court to uphold the Constitution, failure of the court to uphold your Constitutional rights, failure of the court to maintain a fair hearing or trial, and jury tampering (failure to maintain an impartial jury).

9. DON'T LET THEM RUSH YOU THROUGH ANYTHING. If they try this, they are up to something crooked. Stop and confer with your counselors to deduce what it is. They can just be in a rush to collect your money, in the process of violating your rights. Try to expose their fraud using strategy #6 above.

10. DON'T AGREE TO ANYTHING THAT YOU DON'T UNDERSTAND. This is where they would quickly take advantage of you So ask for clarification and/or legal consultation with your counselors, for anything that you don't understand.

11. OBJECTION, OBJECTION, OBJECTION This is how you record the court's unfairness on the court record. If the judge denies your Motion, OBJECT and give your reason. If the prosecutor asks for a Motion, OBJECT and give your reason. If the judge makes any decision or ruling that you disagree with, OBJECT and give your reason. If the prosecutor says anything to violate your case, or the Truth, then OBJECT and give your reason. Regardless of how the case goes, you thus have the evidence on record that validates an Appeal.

12. DON'T LET THE JUDGE OR PROSECUTOR GET AWAY WITH INTERRUPTING YOU. They are just trying to intimidate you into submission and silence. Take exception to their rude behavior. You might use strategy #6 to expose their injustice, and complete what you were saying; e.g. "Has the court made a judicial determination that I am not allowed to defend myself, or that I cannot have Freedom of Speech in this courtroom?" Put them on the spot. If the prosecutor interrupts out of turn, Motion the judge to find him/her in contempt.

13. DON'T LET THE PROSECUTOR OR JUDGE GET AWAY WITH RUDE OR OFFENSIVE BEHAVIOR. These are grounds to dismiss the case for the cause of Bias and or Misconduct. If you let them get away with any offensive behavior, even a demeaning tone of voice, Object and get it on the record as to how it adversely affects your mood and composure. Rub the intimidation right back into their faces.

14. KNOW WHEN THE PROSECUTOR OR JUDGE IS ATTEMPTING TO DEPRIVE YOU OF YOUR RIGHTS. This comes from paying attention to what is happening, and what is being said; this is why you have your counselors sitting behind you. You will get much better at this with practice.

15. LEARN TO NULLIFY THE JUDGE'S LAME EXCUSES. You might hear the judge say "Well, I don't have it (the law or the evidence) here in front of me... ", when you attempt to state legal proof. This is the judge's childish attempt to ignore the law or the evidence supporting your defense. So take your copy up and put it right under his/her nose, so that there will be no more excuse. The judge may even laugh off your embarrassing question, and call a recess, in a display of false authority, in an attempt to change the subject when the court re-convenes. Don't let it pass. Keep the issue in his/her face until it is adequately resolved. Do not move on until you get the answers.

16. MORE LAME EXCUSES. You might get "I'm sorry, you'll have to talk to the legislators about that, as I only enforce the law...", or "You'll have to talk to a licensed attorney about that, because I can't give you legal advice...", or "This is not the proper Forum for addressing that question...", or "That issue is not relevant to this case... " This is what you will often get when the judge knows that he cannot answer your question without incriminating himself/herself. You must not let them get away without giving an answer or making a legal determination .Some award-winning comebacks are:

"Your Honor, I am not contesting the law as you suggest, I am merely demanding that you interpret it in accordance with your own Oath of Office. And I am asking you to do your job as referee, and to identify the source of the law you are interpreting. Now please answer the question... "

"Your Honor, you and I both know that the legislators and you are all part of the same Legislative Branch, operating provisionally under Article I, Section 8, Clause 17; and there are no legislators here to identify the law and arbitrate a fair case; this is your job, and I am simply asking you to do your job. Now please answer the question... "

"Your Honor, I am not asking you for legal advice. I have my legal counselors for that. I am simply asking you to kindly identify yourself, the court's legal jurisdiction, and the nature and cause of the accusation. I am asking you to identify the code of written law which supports your ruling. I am asking you to do your job. Now please answer the question... "

"Your Honor, if this is not the Forum for addressing this issue, then how can you now legally apply the issue for the first time to this case? If this is not the proper Forum, then I Motion the court to provide the Forum required to resolve this issue, before we proceed."

17. ALWAYS ASK 'WHY?'. You may not always get an answer, but you deserve one, especially if your Motion is denied or over-ruled. And your asking will notify the judge that all the 'linen is likely to be aired out' in your case. The judge may risk exposing some embarrassing Truth, and choose to dismiss your case.

18. CATCH THEM IN THE ACT. This is the most important reason for taking your time, and thinking things through, with a clear head; and with your counselors. Every violation of your rights, every abuse of power, every incidence of Misconduct, every disparaging remark, every subtle threat to your well-being, is an opportunity to record evidence in your favor. Catching them at it, as it happens, can easily get your case thrown out, because they have been getting away with all this fraud for so long, that they will be surprised when they are suddenly challenged on it. Here are a few more tips to keep in mind.

- The Judge is NOT the Prosecutor; If he/she acts like one, this is misconduct.
- The Prosecutor is NOT allowed any more rights in legal procedure than you are
- The burden is on the PROSECUTOR to prove Guilt beyond reasonable doubt.
- Police powers (law enforcement officers, sheriffs) are NOT intended for sources of REVENUE. They are there for the protection of the citizens and their property, PERIOD!
- When a judge prevents the accused from introducing evidence tending to establish a defense, the judge is making a mixed determination of Fact (i. e what happened) and Law (i.e. is it legal?). This is also unfair.

19. USE THE SEMANTICS IN YOUR FAVOR. Once you have done your research and homework, you will see that the entire legal system and statutes are rife with ambiguous, deceptive, and contradictory terms and definitions. You can use your knowledge of those terms which apply to your case, in your maneuver and cornering techniques described above. All statements, rulings, and directives issued by the judge are subject to your careful scrutiny, interpretations, and legal implications Don't budge away from it until it is completely resolved to your satisfaction, with a judicial determination, Hang them with it.

20. ADDITIONAL USEFUL INFORMATION - Know your rights and Constitution, to empower your confidence and author