California JAILer
Fighting For The Protection of the People's Rights
If you'd like to express your appreciation to Don Bird,
email him at [email protected]. He's been
with J.A.I.L. for almost four years, all the time actively standing up to the
judicial tyranny in northern California.
Thank you Don! And thanks to the Red Bluff Daily News!
Red Bluff - Tehama County [California]
DAILY NEWS - The Voice of Tehama
County since 1885
Wednesday, February 23, 2023 (story on page
3A)
Corning Constitutionalist Files
Lawsuit Against Judge
By Rebecca Wolf, DN Staff Writer
RED BLUFF - Self-proclaimed
Constitutionalist Donald Bird has filed suit against Tehama County Superior
Court Judge Richard Scheuler alleging the judge violated his Constitutional
rights.
In the suit filed Feb. 10, Bird claims that the Seventh
Amendment allows him to have a trial by jury to argue a speeding ticket he
received in December. Bird also claims the Eighth Amendment, concerning
excessive fines, was violated when he was forced to pay $190.
Scheuler declined to comment on Tuesday saying that
state law prohibited him from doing so. However, in a ruling denying Bird's
Motion to dismiss the case, the judge maintains that the law as "passed by the
Legislature, sanctioned by the Supreme Court and found to be Constitutionally
valid ... does not allow jury trials for infractions."
Bird said that the judge is putting the vehicle code
and state law before the Constitution. "I remind the judge that he is a public
servant and he didn't swear an oath to the California Penal Code or the Vehicle
Code," Bird said. "He owes his allegiance to the Constitution
first."
The Seventh Amendment of the Constitution reads, "In
suits at common law, where the value in controversy shall exceed twenty dollars,
the right of trial by jury shall be preserved ..."
Bird says there is no room for interpretation. "It's
clear cut," he said. "I have the right to a trial by jury, period. There's no
small print."
In his ruling, the judge cites several cases including
Crouchman v. Superior Court (1988) where it was ruled that offenses "now
classified as infractions by the Vehicle Code were triable by the courts without
juries."
Bird said that the $190 ticket is not relevant. He said
that he is actually happy he received the ticket because it opened the door for
him to fight for the public's Constitutional rights.
Bird added that he believes Scheuler is "a good
guy." "Of all the judges, I don't know why it had to be him," he
added. "I have nothing against him as an individual, but on this he's
wrong."
Bird, a Corning resident, is well acquainted with the
judicial process. This is his fourth suit fighting for Constitutional rights
including one filed in December against Shasta College for wanting to build the
Tehama college center in the north county.
He is also part of a movement called the Judicial
Accountability Initiative Law (JAIL) "that will correct the Judiciary in the
State," challenging the judicial immunity doctrine.
Bird has printed up signs that read "Judge Scheuler
obey your 'oath' " and plans to march with them in front of the Corning
courthouse Thursday morning, weather permitting.
While he is focusing on Scheuler, Bird said that he has
also talked with Assemblyman Doug LaMalfa and hopes that the Penal Code can "be
revised to be Constitutional."
For more information, Bird can be reached at (530)
585-2779.
On behalf of National J.A.I.L., we thank not only Donald Bird, a California JAILer for Tehama County, but we are also grateful to the Red Bluff Daily News and DN Staff Writer Rebecca Wolf in particular for the wonderful article published on this important matter. That publication has done a great public
service in exposing this example of judicial corruption, by just reporting "the
facts."
Not only did the RBDN publish the story, but they
printed a photograph of Don Bird, wearing a J.A.I.L. T-shirt showing the
website, holding up the huge sign "Judge Richard Scheuler Obey Your
"OATH"! " It appears to be taken in a parking lot, presumably of
the courthouse. Don shows a smile of satisfaction in what he is doing, not
just for himself, but for ALL OF US everywhere! Don, do you hear our loud round
of applause?? Listen.... It's there! Thanks for sending this info to
J.A.I.L.
Don't forget our National J.A.I.L.
Rally on March 14th in Newport Beach CA.
--Barbie, ACIC,
National J.A.I.L. Admin.