Argument to the Chief Justice of the Supreme Court of Virginia et al, in Isidoro Rodriguez vs. The Virginia State Bar Disciplinary Board (No 191136). Isidoro Rodriguez vs. The Virginia State Bar Disciplinary Board (No 191136).

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February 11, 2020, at 1420 hrs. in lieu of filing a Reply Brief:

            GOOD AFTERNOON. I REQUEST PERMISSION FOR MY COURT REPORTER (IT WAS GRANTED).

            MAY IT PLEASE THE COURT. 

            I AM ISIDORO RODRIGUEZ.  I ARGUE TO SEEK REVERSAL, AND FOR THE ISSUANCE OF A WRIT OF MANDAMUS TO THE VIRGINIA STATE BAR DISCIPLINARY BOARD ENJOINING THEIR SITTING AS A KANGAROO COURT BASED ON THE ISSUANCE OF A VOID AB INITIO ORDER.  THE VOID ORDER WAS ISSUED AS THE LINCHPIN OF A PROHIBITED STATUTORY BUSINESS CONSPIRACY BY WASHINGTON D.C. LOBBYIST/ATTORNEY ERIC HOLDER ET AL.   TO DAMAGE MY BUSINESS, PROPERTY RIGHTS, REPUTATION, PROFESSION AND RIGHT TO EMPLOYMENT BY REVOKING MY LAW LICENSE IN RETALIATION FOR LITIGATING TO ENFORCE MY STATUTORY PROPERTY RIGHT IN A CHOATE ATTORNEYS LIEN AND RIGHTS OF A FATHER TO PROTECT MY U.S. CITIZEN SON FROM BEING TAKEN FROM A “ZONE OF WAR” IN FY 2000 IN THE REPUBLIC OF COLOMBIA.  THIS IN VIOLATION OF MY RIGHT TO DUE PROCESS UNDER THE U.S. CONSTITUTION, AND THE LIMITATIONS AND PROHIBITIONS UNDER ART. VI §§ 1, 5 & 7 VA CONST., AS WELL AS VA CODE § 54.1-3935 (1950 TO 2017). (SEE Complaint against the Offices of the United States Attorney for the E.D. of Virginia and District of Columbia, as well as the Federal Bureau of Investigation for Refusing to Investigate/Charge Eric Holder et al. for a Business Conspiracy in violation of Va. Code § 18.2-499, 500, by acts of Malfeasance During the Obama Administration in Violations of Art. VI of the VA Const., VA Code, and the Void Ab Initio Order Doctrine.

            THUS, THE BENCHMARK FOR THE WRIT ARE THE CONTROLLING PRECEDENTS OF THIS COURT FROM 1835 TO 2007 MANDATING THAT PURSUANT TO ART. VI VA CONST. THE JUDICIAL POWER TO REVOKE A VIRGINIA LAW LICENSE WITH STATEWIDE EFFECT CAN ONLY BE BY STATUTE THAT WAS ENACTED BY THE GENERAL ASSEMBLY.  THUS, NO COURT CAN ISSUE COURT RULES IT POWER TO DISBAR AN ATTORNEY WITH STATEWIDE EFFECT INCONSISTENT WITH RIGHT UNDER VA CODE.  SEE EX PARTE FISHER, 6 LEIGH (33 VA.) 619 (1835) 624-25 (1835), LEGAL CLUB OF LYNCHBURG V. A.H. LIGHT, 137 VA. 249 AT 250, 119 S.E. 55 (1923), AND IN RE: JOHATHAN A. MOSELEY, SUP CT. VA NO 061237 (2007).  THUS, THE WRIT OF MANDAMUS IS BASED ON THE VOID AB INITIO ORDER DOCTRINE UNDER VIRGINIA CONST., VA CODE, AND CASE LAW,[1]   AS MARBURY V. MADISON, 1 CRUNCH 137, 140 (1803), STATES,

“[C]OURTS ARE CONSTITUTED BY CONSTITUTIONAL AUTHORITY AND THEY CANNOT ACT BEYOND THE POWER DELEGATED TO THEM. IF THEY ACT BEYOND THAT AUTHORITY, AND CERTAINLY IN CONTRAVENTION OF IT, THEIR JUDGMENTS AND ORDERS ARE REGARDED AS NULLITIES. THEY ARE NOT JUST VOIDABLE, BUT SIMPLY VOID, AND THIS EVEN PRIOR TO REVERSAL.

            ALL OF THE ABOVE COMMAND THAT WHEN AN ENTITY CREATED BY COURT RULES SUCH AS THE VIRGINIA STATE BAR DISCIPLINARY BOARD HAS NEITHER CONSTITUTIONAL AUTHORITY, NOR STATUTORY AUTHORITY, NOR INHERENT LEGAL POWER, NOR JURISDICTION TO RENDER ANY ORDER.  THUS THE 2006 ORDER VOID AB INITIO IS A COMPLETE NULLITY FROM THE DATE OF ITS ISSUANCE AND MAY BE IMPEACHED DIRECTLY OR COLLATERALLY AT ANY TIME, OR IN ANY MANNER.  THIS PARTICULARLY BASED ON THE SYSTEMIC DENIAL OF ACCESS TO AN IMPARTIAL COURT AND COMMON LAW JURY TRIAL TO PRESENT THE EVIDENCE OF MALFEASANCE.

            THEREFORE, THE WRIT SEEKS,

  • TO ENFORCE THE PROHIBITIONS AND MANDATES OF SEPARATION OF POWER UNDER I § 5 VA CONST.;[2]
  • THE WRIT SEEKS TO ENFORCE THE RESTRICTION UNDER ART. VI §§ 1[3], 5[4] & 7[5] VA CONST. WHEREIN THE CITIZENS GAVE ONLY TO THE GENERAL ASSEMBLY THE POWER TO IMPART JUDICIAL AUTHORITY AND TO APPOINT JUDGES.
  • THE WRIT SEEKS TO ENFORCE VA CODE § 54.1-3915[6] & § 54.1-3935 (1950-2009),[7] ENACTED BY THE GENERAL ASSEMBLY CONSISTENT WITH THE VA CONST. RESTRICTIONS TO ESTABLISH A STATEWIDE DECENTRALIZE ATTORNEY DISCIPLINARY SYSTEM IN EACH IN COUNTY CIRCUIT COURT OF VIRGINIA, IN TANDEM WITH THE BOARD OF BAR EXAMINERS POWER UNDER VA CODE § 54.1-3934.[8]
  • THE WRIT SEEKS TO ENFORCE PROHIBITIONS OF 1 § 9 AND ART. XII § 1 OF THE VA CONST.,[9] TO ENJOIN THE EX POST FACTO AMENDMENT OF VA CODE § 54.1-3935 TO ADOPT RETROACTIVELY IN 2017 THE 1998 COURT RULES THAT BESTOWED JUDICIAL AUTHORITY ON THE VIRGINIA STATE BAR DISCIPLINARY BOARD AND APPOINTED THEM AS JUDGES.
  • THE WRIT SEEKS IN THE INTEREST OF JUSTICE, COMPENSATION UNDER VA CODE §§ 18.2-499 & 500[10] FOR A RETALIATORY BUSINESS CONSPIRACY TO REVOKE MY LAW LICENSE FOR LITIGATING TO ENFORCE MY STATUTORY PROPERTY RIGHTS IN A CHOATE VA CODE ATTORNEYS LIEN ON A CLIENT’S CONTRACT CLAIM TO TREASURE TROVE VALUED AT $18 BILLION DOLLARS AND LITIGATING TO ENFORCE MY RIGHTS AS A FATHER UNDER JOINT CUSTODY AGREEMENT/VA CODE TO PROTECT MY U.S. CITIZEN SON FROM BEING TAKEN OUT OF THE UNITED STATES AGAINST HIS WILL IN 2000 TO A “WAR ZONE” IN THE REPUBLIC OF COLOMBIA.  THE VIRGINIA STATE BAR DISCIPLINARY BOARD ISSUED THE 2006 VOID AB INITIO ORDER TO DAMAGE MY BUSINESS, REPUTATION, PROFESSION, EMPLOYMENT, AND STATUTORY RIGHT TO 2006 FEDERAL UNEMPLOYMENT COMPENSATION.

            THE GOVERNMENT SURREALLY NEITHER DENIES NOR CHALLENGES THE ABOVE EVIDENCE OF THEIR WILLFUL CONSTITUTIONAL AND STATUTORY VIOLATIONS AND THEIR PARTICIPATION IN THE BUSINESS CONSPIRACY BY WASHINGTON D.C. LOBBYIST/ATTORNEY ERIC HOLDER ET AL.

            RATHER THE GOVERNMENT IN THE MANDAMUS ACTION BELOW OPPOSES THE ISSUANCE OF THE WRIT BASED ONLY ON THE DELEGATION OF COURT RULEMAKING AUTHORITY UNDER VA CODE § 54.1-3909, AND ARGUING LACK OF STANDING DESPITE THE CLEAR VIOLATION OF THE VOID AB INITIO ORDER DOCTRINE, VA CONST AND VA CODE.

            THIS IN AND OF ITSELF IS A CONFIRMATION OF THE WILLFUL CHARACTER OF THE VIOLATION OF THE VA CONST. AND VA CODE, AS WELL AS THE DENIAL OF DUE PROCESS UNDER THE U.S. CONSTITUTION BY VIOLATION OF THE DECENTRALIZED SYSTEM ESTABLISHED UNDER THE 1950 VA CODE BY COURT RULES THAT UNLAWFULLY BESTOWED JUDICIAL AUTHORITY AND THE APPOINTING OF ITS MEMBERS AS JUDGES TO DISCIPLINE ATTORNEYS.

            FINALLY, THE WRIT IS SOUGHT BASED ON THE RECORD OF A SYSTEMIC DENIAL OF ACCESS TO AN IMPARTIAL COURT AND COMMON LAW TRIAL BY JURY TO ENFORCE THE LIMITATIONS AND PROHIBITIONS UNDER VA CONST. AND VA CODE.  THE LITIGATION RECORD FROM 2004 TO THE PRESENT PROVIDES EVIDENCE OF THIS DENIAL OF DUE PROCESS, INCLUDING :

            FIRST, U.S. DIST. CT. HON JUDGE GIBNEY (EDVA) FAILURE TO RECUSE HIMSELF BASED ON THE FACT THAT HIS WIFE IS A MEMBER OF THE VIRGINIA STATE BAR DISCIPLINARY BOARD, AND ISSUING IN 2013 A SUMMARY ORDER GRANTING IMPUNITY, PRIOR RESTRAINING, AND ISSUING A NATIONWIDE INJUNCTION DEPRIVING ME OF ACCESS TO ANY FEDERAL COURT SO FOR THE VIOLATIONS OF VA CONST AND VA CODE AND BUSINESS CONSPIRACY.

            SECOND, IN RESPONSE TO PETITIONS FOR REDRESS BY THE GENERAL ASSEMBLY (HTTP://T.CO/SLV7PZ3ZD5), FROM 2017 TO 2019:  (A) THERE WAS ENACTED AN EX POST FACTO AMENDMENT TO VA CODE § 54.1-3934 TO ADOPT RETROACTIVELY THE 1998 COURT RULES; AND, (B) THERE WAS ENACTED VA CODE § 8.01-223.2 AS SPECIAL LEGISLATION IN VIOLATION OF ART. IV § 14, ¶3(18), TO GRANT IMMUNITY TO THE VIRGINIA STATE BAR DISCIPLINARY BOARD FROM ACCOUNTABILITY FOR THE BUSINESS CONSPIRACY (SEE ALSO 2019 HB 2111).

Isidoro Rodriguez

Rodriguez and Rodriguez

World Trade Center Barranquilla

Cale 76 No. 54-11, Suite 313

Barranquilla, Colombia S.A.

(571)477-5350

      [1] SEECOLLINS V. SHEPHERD, 274 VA. 390, 402 (2007); SINGH V. MOONEY, 261 VA. 48, 51‑52(2001); BARNES V. AM. FERTILIZER CO., 144 VA. 692, 705 (1925); ROOK V. ROOK, 233 VA. 92, 95 (1987).

    [2] ARTICLE I § 5 VA CONST. “THAT THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL DEPARTMENTS OF THE COMMONWEALTH SHOULD BE SEPARATE AND DISTINCT; AND THAT THE MEMBERS THEREOF MAY BE RESTRAINED FROM OPPRESSION, . . ..”

                         ART. VI § 1 VA CONST., STATES IN RELEVANT PART THAT JUDICIAL POWER SHALL BE VESTED, IN “COURTS OF ORIGINAL OR APPELLATE JURISDICTION SUBORDINATE TO THE SUPREME COURT AS THE GENERAL ASSEMBLY MAY FROM TIME TO TIME ESTABLISH.”

      [4] ART. VI § 5 VA CONST., STATES THAT ALTHOUGH THE SUPREME COURT SHALL HAVE THE AUTHORITY TO MAKE RULES, “SUCH RULES SHALL NOT BE IN CONFLICT WITH THE GENERAL LAW” ENACTED BY THE GENERAL ASSEMBLY.

                [5] ART. VI § 7 VA CONST., STATES IN RELEVANT PART THAT JUSTICES OF, “ALL OTHER COURTS OF RECORD SHALL BE CHOSEN BY . . .  THE GENERAL ASSEMBLY. . ..

[6] VA. Code § 54.1‑3915. Restrictions as to rules and regulations. ‑‑‑Notwithstanding the foregoing provisions of this article, the Supreme Court shall not promulgate rules or regulations prescribing a code of ethics governing the professional conduct of attorneys which are inconsistent with any statute; nor shall it promulgate any rule or regulation or method of procedure which eliminates the jurisdiction of the courts to deal with the discipline of attorneys. In no case, shall an attorney who demands to be tried by a court of competent jurisdiction for the violation of any rule or regulation adopted under this article be tried in any other manner.

[7] VA Code § 54.1‑3935 (1950-2007). Procedure for revocation of license.

  1. If the Supreme Court, the Court of Appeals, or any circuit court of this Commonwealth observes, or if a complaint, verified by affidavit is made by any person to such court, that any attorney has. . . violated the Virginia Code of Professional Responsibility, the court may assign the matter to the Virginia State Bar for investigation. Upon receipt of the report of the Virginia State Bar, the court may issue a rule against such attorney to show cause why his license to practice law shall not be revoked. If the complaint, verified by affidavit, is made by a district committee of the Virginia State Bar, the court shall issue a rule against the attorney to show cause why his license to practice law shall not be revoked.
  2. If the rule is issued by the Supreme Court . . . the rule shall be returnable to the Circuit Court of the City of Richmond. At the time, the rule is issued by the Supreme Court, the Chief Justice shall designate three circuit court judges to hear and decide the case. . .. In proceedings under this section, the court shall adopt the Rules and Procedures described in Part Six, Section IV, Paragraph 13 of the Rules of Court.

    [8] VA Code § 54.1-3934. Revocation of license by Board.  The Board of Bar Examiners may, for good cause, revoke any license issued by it at any time before there has been a qualification under it in any of the courts of this Commonwealth.  Code 1950, § 54-72; 1988, c. 765.

    [9] ARTICLE XII § 1 VA CONST. AMENDMENT, STATES, THAT ANY AMENDMENT TO THIS CONSTITUTION ARE TO BE REFERRED TO THE GENERAL ASSEMBLY, THEN IT SHALL BE THE DUTY OF THE GENERAL ASSEMBLY TO SUBMIT SUCH PROPOSED AMENDMENT OR AMENDMENTS TO THE CITIZENS FOR APPROVAL.

    [10] VA Code § 18.2-499. Combinations to injure others in their reputation, trade, business or profession; rights of employees.         A. Any two or more persons who combine, associate, agree, mutually undertake or concert together for the purpose of (i) willfully and maliciously injuring another in his reputation, trade, business or profession by any means whatever or (ii) willfully and maliciously compelling another to do or perform any act against his will, or preventing or hindering another from doing or performing any lawful act, shall be jointly and severally guilty of a Class 1 misdemeanor. Such punishment shall be in addition to any civil relief recoverable under § 18.2-500

Any person who attempts to procure the participation, cooperation, agreement or other assistance of any one or more persons to enter into any combination, association, agreement, mutual understanding or concert prohibited in subsection A of this section shall be guilty of a violation of this section and subject to the same penalties set out in subsection A.

            VA Code § 18.2-500. Same; civil relief; damages and counsel fees; injunctions. — (a) Any person who shall be injured in his reputation, trade, business or profession by reason of a violation of § 18.2-499, may sue therefor and recover three-fold the damages by him sustained, and the costs of suit, including a reasonable fee to plaintiff’s counsel; and without limiting the generality of the term, “damages” shall include loss of profits. . .. 

DEMOCRAT PARTY’S VIOLATION OF VIRGINIA’S CONSTITUTION

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Dear Mr. President,

On the issue of turning Virginia back to voting for you and all the other Republican Candidates, which I have been writing to you based on my litigation for violation of the Virginia Constitution (see www.isidororodriguez.com), below is additional evidence of the ongoing pattern and practice of the Democrat Party actions in furtherance of socialist policy to deprive citizens of access to an impartial legal profession and court willing and able to enforce the provisions of the U.S. Constitution.

“Pelosi argues Trump’s defense team should be disbarred” https://www.foxnews.com/politics/trumps-defense-team-disgraced-themselves-deserve-disbarment-pelosi-suggests

In summary, the Democrat Party socialist must do away with the separation of the power grid of limitation and prohibition to change our Republic division of authority.  To do this, the Democrat Party must have an obsequious legal profession who are more interested in fees and cronyism than protecting the right of all citizens under Virginia and the U.S. Constitution.

Respectfully Submitted,

Isidoro Rodriguez

Cc:       Ms. Ronna Romney McDaniel, Chairwoman

Republican National Committee

            310 First St SE             Washington, DC 2000

         Mr. Jack Wilson, Chairman Republican Party of Virginia
            D. Obenshain Center
            E. Grace Street
            Richmond, Virginia 23219

PETITION FOR STATEMENT OF INTEREST-BASED ON ACTS OUTSIDE OF LEGAL AUTHORITY AND SCOPE OF EMPLOYMENT

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September 1, 2019

President Donald J. Trump

Attorney General of the United States the Hon. William Barr        

U.S. Attorney John H. Durham

Re:   PETITION FOR STATEMENT OF INTEREST-BASED ON ACTS OUTSIDE OF    LEGAL AUTHORITY AND SCOPE OF EMPLOYMENT

Greetings,

      The Inspector General’s finding confirms two issues: first, both President Trump and his campaign were the targets of government attorneys and employees acts outside of legal authority or scope of employment; and, second, despite the Federal Tort Claims Act, current government policies that were established by Eric Holder et al., during the Clinton and Obama Administrations –makes it difficult, if not impossibility, to obtain accountability.

      But, to enforce Constitutional and statutory limitations and prohibitions to there must be a procedure to secure accountability against government attorneys and employees for their willful and negligent acts.

      Therefore, I filed my May 20, 2019 Petition for a Statement of Interest and Amicus Brief to the Supreme Court of Virginia in Isidoro Rodriguez V. The General Assembly of the Commonwealth of Virginia, No. 190579 (see my presentation to the panel on July 22, 2019 (Exhibit 1)).  I also submit this letter as an additional Petition for a Statement of Interest and Amicus Brief in Petition for Appeal, Isidoro Rodriguez V. Virginia State Bar Disciplinary Board, No______ filed July 28, 2019 (Exhibit 2).

      These Petitions for a Statement of Interest are filed because it is clear that the Common Law and the statutory mandates under the Virginia Tort Claims Act, and the Federal Tort Claims Act have been willfully violated by the Judicial Branch granting “impunity” and absolute immunity to government attorneys for willful acts outside of legal authority and scope of employment. (See Isidoro Rodriguez v. Jane/John Does of the Virginia State Bar Disciplinary Board et al., U.S. Dist. Ct. E.D. VA 12‑cv‑663‑JAB (4/12/2013), aff’d 4th Cir USCA No 13-1638 (Nov. 2013) (the Ho. Judge Gibney issued against me a nationwide Federal injunction against any actions challenging the violation of the Void Ab Initio Order Doctrine, VA Const., VA Code).  Judge Gibney violated the limitations and prohibitions under the Constitutions of Virginia and the United States in defiance of the holding in Marbury v. Madison, 1 Cranch 137, 140 (1803).  This is evidence of the use of political influence and cronyism in retaliation against me for being an independent federal litigator by the systemic denial of access to an impartial judiciary.  I note that Thomas Jefferson warned 225 years ago,

“[t]he germ of destruction of our nation is in the power of the judiciary, an irresponsible body – working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall render powerless the checks of one branch over the other and will become as venal and oppressive as the government from which we separated.”

      This underscores James Madison warning that,

“[t]he accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”  The Federalist Papers, No. 48, Feb. 1, 1788

      Consequently, I renew my request for a Statement of Interest is filed in the above-cited actions before the Supreme Court of Virginia.  This based on my prevailing arguments in Katia Gutierrez de Martínez v. Lamagno and DEA, 115 S.Ct. 2227 (1995) (U.S. Supreme Court reversed/remanded for an evidentiary hearing before an independent jury under the Common Law and 7th Amend. U.S. Const. to decide the issue of alleged acts outside the scope of employment).

Respectfully,

Isidoro Rodriguez

E-mail: business@isidororodriguez.com

Isidoro Rodriguez v. Viringia State Bar Disciplinary Board, VA Supreme Court Petition for Appeal 08/28/2019, for Violation of the Void Ab Initio Order Doctrine under VA Const. and Va Code.

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   ASSIGNMENT OF ERRORS

  1. The Circuit Court erred in granting a Demurrer based on Rodriguez’s lack of standing to obtain a Writ to the VSBDB for their Common Law Conspiracy and Statutory Business Conspiracy under VA Code §§ 18.2-499 & 500, to damage Rodriguez’s law practice, reputation, profession, statutory property right in defiance of the mandates of separation of power and due process under the Void Ab Initio Order Doctrine, Art. I § 5, Art. VI §§ 1, 5, & 7 and Art. XII §1 of the Constitution of the Commonwealth of Virginia (“VA Const.), and in willful disobediance of the liitations and prohibitions under VA Code § 54.1‑3915 & § 54.1‑3935 (1950-2009), as alleged in the Verified Amended Petition for a Writ of Mandamus and Prohibition, and Exhibits A thru V.

These errors were preserved in the June 28, 2019, transcript at page 6, 7, 12, 13, 14 and 15, and the objections to the Circuit Court’s Order of June 28, 2019 the dismissing the Petition.

  1. The Circuit Court erred in granting a Demurrer based on holding it lacked subject matter jurisdiction to prohibit the Common Law Conspiracy and Statutory Business Conspiracy in violation VA Code §§ 18.2-499 & 500, by the VSBDB issuing a Void Ab Initio Order in defiance of the restrictions under Art. I § 5 VA Const., Art. VI §§ 1, 5, & 7 VA Const., and VA Code §§ 54.1‑3915 & § 54.1‑3935 (1950-2009), as alleged in the Verified Amended Petition for a Writ of Mandamus and Prohibition and Exhibits A thru V.

These errors were preserved in the June 28, 2019, transcript on page 13, 14, 15 and 16, and the objection to the Circuit Court’s Order of June 28, 2019 dismissing Petitioner’s Petition.

  1. The Circuit Court erred in enjoining Rodriguez in the Fairfax County Circuit Court and summarily dismissing Rodriguez’s motion to enjoin the VSBDB’s Common Law Conspiracy and Statutory Business Conspiracy per VA Code § 18.2-500, as alleged in Rodriguez’s Verified Amended Petition for a Writ of Mandamus and Prohibition, Motion and Brief.

This error was preserved in the June 28, 2019 transcript at pages 18 and 19, as well as objected to on the Circuit Court Orders of June 28, 2019.

NATURE OF THE CASE/MATERIAL PROCEEDINGS BELOW

            On November 19, 2018, and April 4, 2019, Rodriguez filed in the Circuit Court of Fairfax County a Verified Amended Petition for a Writ of Mandamus and Prohibition with Exhibits A thru V (“Plaintiff’s Ex.” Trial Court Record), for an order to the VSBDB to either:

            (a) advise under what authority did it in 2006 revoke Rodriguez’s license for litigating to enforce his statutory property rights in a choate Virginia Attorney’s Lien under VA Code § 54.1-3932 (2017), and statutory rights as a Father (Plaintiff’ s Ex. D Trial Court Record); or,

            (b) vacate the VSBDB Void Ab Initio Order and direct to stop violations of the Void Ab Initio Order Doctrine, Art VI VA Const, and VA Code § § 54.1-3915 & 54.1-3935.

            On November 28, 2018, the VSBDB refused to accept service by the Sheriff. On December 26, 2018, Rodriguez filed a Verified Motion for Publication based upon the VSBDB refusal of service or the VSBDB not naming an agent for service.

            On January 2, 2019, the Circuit Court issued an Order of Publication. The Washington Times filed a Notarized Affidavit confirming publication on January 10, 17, 24, and 31, 2019. On February 8, 2019, Rodriguez filed a motion for Default Judgement.

            On February 21, 2019, the VSBDB filed its opposition to the Writ. The VSBDB filed Demurrers on April 23, and June 13, 2019. In both pleadings and at oral argument on June 28, 2019, the VSBDB admitted it was not a “court,” and its members were not “judges”, but that the VSBDB interpreted VA Code § 54.1-3909 and § 54.1-3910(1950-2017) to authorize it as a “parallel” administrative agency to a “court” with the power to revoke Rodriguez’s license for his litigating to enforce his statutory rights  (Transcript page 2 second ¶,and page 8, Plaintiff’s Ex. D Trial Court Record).

            Based on the VSBDB admitted circumventing the limitation and prohibitions under Art. VI § 5 VA Const., and VA Code § 54.1-3915 and & § 54.1-3935(1950-2016), on June 10, 2019, Rodriguez per VA Code § 18.2‑500 filed a Motion to Enjoin the VSBDB.

            However, before the VSBDB filed any opposition to Rodriguez’s motion, on June 28, 2019, the Circuit Court granted the VSBDB demurrer, summarily denied Rodriguez’s motion, and enjoined Rodriguez from filing any future actions in Fairfax Circuit Court.   Rodriguez noted specific objections under the Void Ab Initio Order Doctrine, VA Const, and VA Code.  On July 16, 2019, a Notices of Appeal and Notice of the Transcript were filed.

STATEMENT OF FACTS

            Based on the open express distrust of the drafters of the VA Const. regarding the motive of individuals in government generally, and the Judicial Branch expressly,[1] the Citizens mandated the separation of power between the General Assembly and the Supreme Court of Virginia by ratifying Art. I § 5 VA Const.[2]

            To this end under Art. VI §§ 1, 5 & 7 VA Const. the Citizens granted only to the General Assembly the power to grant judicial authority,[3] to establish lower courts,[4] and to appoint judges.[5]

            To assure those restrictions be maintained the Citizens ratified Art. XII § 1 VA Const., reserved to themselves the authority to amend these constitutional limitations, prohibitions, and restrictions.

            Consistent with these restrictions the General Assembly passed in 1932 the Act of the General Assembly p. 139 (“Act of 1932”) (codified as VA Code § 54.1-3915 (2017) § 54.1-3935(1950-2016) to establish in each County a decentralized attorney disciplinary system to be administered by courts.

            Disregarding the Act of 1932, Washington D.C. Lobbyist/Lawyer Eric Holder and Jack Harbeston (“Eric Holder et al.”) in 2003 filed two complaints with the VSBDB against Rodriguez for his litigating: (a) to enforce his statutory Choate Virginia Attorneys’ Lien under VA Code § 54.1-3932 on a Sea Search Armada contract claim to Treasure Trove valued at USD 18 Billion on the sunken Spanish 1707 Galleon San Jose; and, (b) to enforce his rights as a Father under VA Code and Joint Custody Agreement.

            Rodriguez challenged the VSBDB subject matter jurisdiction for noncompliance with the Act of 1932, and because Eric Holder et al.’s VSBDB complaints were the linchpin of a Common Law Conspiracy and Statutory Business Conspiracy VA Code 18.2-499 & 500 to damage Rodriguez’s international litigation practice, reputation, profession, statutory property rights.[6]

            Disregarding these objections, on November 27, 2006, the VSBDB issued a Void Ab Initio Order revoking Rodriguez’s license for litigating to enforce his statutory rights (Plaintiff’s Ex. D and G Trial Court Record).[7]

            Rodriguez filed civil tort actions for damages based on the VSBDB void order in both Virginia and Federal Courts violating the Common Law, Art. VI §§ 1, 5 & 7 VA Const., VA Code 18.2-499 & 500, and Virginia Tort Claims Act VA Code ‘ 8.01-195.  But, Rodriguez was systematically denied access to an impartial common law trial and court to challenge the VSBDB void order violation of the Act of 1932 and the Void Ab Initio Order Doctrine (Plaintiff’s Ex. G Trial Court Record), use to assess taxes in 2006 higher than permitted by striking litigation expenses (Plaintiff’s Ex. Qi and Qii Trial Court Record), and use in 2006 to deny Rodriguez unemployment compensation benefits (Ri, Rii, T, and U).

            But, Rodriguez has been systematically denied access to an impartial common law jury trial and the court to secure accountability for the VSBDB void ad initio order and Business Conspiracy.(Isidoro Rodriguez v. Jane/John Does of the Virginia State Bar Disciplinary Board et al., U.S. Dist. Ct. E.D. VA 12‑cv‑663‑JAB (4/12/2013), aff’d 4th Cir USCA No 13-1638 (Nov. 2013) (nationwide Federal pretrial injunction of actions for violation of the VA Const., VA Code, and the Void Ab Initio Order Doctrine);[8] (Isidoro Rodriguez, Esq. v. Editor-in-Chief, Legal Times, et al., DC Dist. Ct. No 07-cv-0975 (PF), DC Ct. App. N. 07-5334, injunction denied SC Ct. No. 07A601, cert. denied US Sup Ct. 08-411(2008); and (Isidoro Rodriguez, Esq. v. Hon. Hassell et al., Fairfax Cir. Ct. No. CL-2007-15396, VA S. Ct. No. 081146, cert. denied 08-574 (2008)) (Complaint to the Inter-American Commission on Human Rights (IACHR) (P-926-16)); (Petition with the United Nations Committee on Human Rights for grant of “impunity”); (Petitions to the General Assembly, Plaintiff’s Exhibit D,  G I Trial Court Record)   http://www.isidororodriguez.com).

            In response, Rodriguez filed petitions of grievances for the violation of the Void Ab Initio Order Doctrine, VA Const., and VA Codewith his NOVA representatives to the General Assembly (See http://t.co/sLv7pz3zD5). But, rather than investigating and taking corrective action in accordance with the Act of 1932:

             O On January 9, 2017, in violation of Art. XII § 1 VA Const. amending procedures and Art. VI §§ 1, 5, & 7 VA Const. separation of power and due process, the General Assembly enacted VA Code § 54.1 3935 (2017) to ex post facto retroactively “conform the statutory procedure [under the Act of 1932] for disciplining of attorneys” to the 1998 rules issued by the Supreme Court of Virginia; and,

            O On January 9, 2019, House Bill No 2111 was introduced as Special Legislation in violation of Art. IV §14 ¶4(18) VA Const., by seeing to give immunity to the VSBDB from civil liability for the Business Conspiracy.

            The VSBDB admitted: first, to it being neither a “court” nor its members “judges” in apparent “conflict” with the mandates of VA CODE §§ 54.3915 (2017) & 54.1 3935 (1950-2016), and Void Ab Initio Order Doctrine; and, second, to interpreting VA CODE §§ 54.3909 & 54.1 3910 (2017) to  establish it as a “parallel” centralized attorney disciplinary administrative agency in conflict with the limitations and prohibitions under ART. I §§ 5 & 9 VA Const., ART. VI §§ 1, 5 & 7 VA CONST., & ART. XII § 1 VA CONST. (VSBDB Brief in Support of Demurrer June 12, 2019, at page 2 second ¶ and oral argument) (See Brief in Opposition May 28, 2019, page 1, 11; See also Isidoro Rodriguez v. The General Assembly of Virginia, et al., VA Sup Ct Record No. 190579, Response in Opposition to the Petition at page 2 second full paragraph; Transcript of 02/21/2019 hearing pages 33 and 34, Fairfax Ct Cir Ct No 2018-16227, Responsive Pleading to Petition, page 5, (December 18, 2018).

            On June 28, 2019, disregarding the above evidence, the Circuit Court granted a demurrer, etc.

                                              AUTHORITIES AND ARGUMENT            

I.       THE CIRCUIT COURT ERRED IN GRANTING A DEMURRER HOLDING THAT PETITIONER ISIDORO RODRIGUEZ (“RODRIGUEZ”) LACKED STANDING FOR A WRIT TO THE VIRGINIA STATE BAR DISCIPLINARY BOARD (“VSBDB”) FOR VIOLATION OF THE VOID AB INITIO ORDER DOCTRINE, VA CONST. AND VA CODE. (Assignment of Error No. 1)

A. The Standard of Review Is De Novo.

            “The legal question presented by a circuit court’s decision to sustain a demurrer requires the application of a de novo standard of review.” Cline v. Dunlora South, LLC, 284 Va. 102, 106, 726 S.E.2d 14, 16 (2012) (citing Glazebrook v. Bd. of Supervisors of Spotsylvania County., 266 Va. 550, 544, 587 S.E.2d 589, 591 (2003)). “On appeal, a plaintiff attacking a trial court’s judgment sustaining a demurrer need only show that the court erred, not that the plaintiff would have prevailed on the merits of the case.” Tronfeld v. Nationwide Mut. Ins. Co., 272 Va. 709, 713, 636 S.E.2d 447, 449 (2006).

Rodriguez has Standing for a Writ

            The General Assembly responded to the holding in Legal Club of Lynchburg v. A.H. Light, 137 Va. 249, 250, 119 S.E. 55 (1923), citing Fishers Case, 6 Leigh (33 Va.) 619 (1835) (“[t]he power . . . make suspension or revocation of license effective in all other courts of the Commonwealth must be conferred by statute,” (Emphases added),[9] by enacting the Acts of Assembly p. 139 (“Act of 1932”) (codified as VA Code §§ 54.1-3915 (2017) & 54.1‑3935 (1950-2016)[10], under its exclusive power to grant judicial authority, establish courts, and appoint judges by establishing a County court decentralized statewide attorney disciplinary system. The General Assembly explicitly denied the Supreme Court of Virginia any power to directly discipline attorneys by requiring it to appoint a three-judge panel from the Court of Appeals, City of Richmond.

            Finally, under Art. VI § 5 VA Const., and VA Code § 54.1 3915 (1950-2017)[11]-the Supreme Court of Virginia was prohibited from promulgating court rules or regulations in “conflict” with VA Code § 54.1‑3935 (1950-2016).

            Under the Common Law, Sir Edward Coke stated “an action would lie for the conspiracy to issue and enforce a void order,” because,

[W]hen a Court has. . . no [judicial authority or] jurisdiction of the cause, there the whole proceeding is [not before a person who a judge], and actions will lie against them without any regard of the precept or process.  Case of the Marshalsea, 77 Eng. Rep. 1027 (K.B. 1613), (Emphasis added); see also 4 William Blackstone, Commentaries 140 at 141.

            Regarding the Rodriguez standing for a Writ, consistent with this Virginia recognizes two tort claims for civil conspiracy – one under the common law and the second under statutory Business Conspiracy statute found in VA Code §¶ 18.2-499 & 18.2-500 of the criminal chapter of the Virginia Code – since the violation of § 18.2-499 is a class 1 misdemeanor.  VA Code § 18.2-500 (a) & (b) statutory Business Conspiracy statute provides for the specific remedy of mandatory three-fold damages, cost of suit, reasonable attorney’s fees, and an injunction.

            Thus, as early as 1888, the case of Crump v. Commonwealth, 84 VA. 927, 934, 6 S.E. 620, 624 (1988) recognized the viability of a claim for “a conspiracy or combination to injure a person in his trade or occupation is indictable.”  In 1933, Werth v. Fire Companies’ Adjustment Bureau, 160 Va. 845, 854, 171 S.E. 255, 258-59, cert. denied, 260 U.S. 659 (1933) (citation omitted), acknowledged the ability for a plaintiff to sue atcommon law for civil conspiracy in noting that:

A conspiracy consists of an unlawful combination of two or more persons to do that which is contrary to law or to do that which is wrongful and harmful towards another person.  It may be punished criminally by indictment, or civilly by an action on the case in the nature of conspiracy if damage has been occasioned to the person against whom it is directed. It may also consist of any unlawful combination to carry out an object not in itself unlawful by unlawful means. The essential elements, whether of a criminal or actionable conspiracy, are, in my opinion, the same, though to sustain an action special damages must be proved.

            Consistent with this Virginia’s Business Conspiracy statute-VA Code §¶ 18.2-499 & 18.2-500 was enacted.

            Turning to the evidence this action was filed because the VSBDB void ab initio order  was issued in furtherance of Eric Holder et al.’s Business Conspiracy in violation of VA Code § 18.2.499 & 550 to damage Rodriguez’s business, reputation, profession, and property rights (Plaintiff’s Ex. D Trial Court Record). Also, the action was filed because the VSBDB void order was used in 2006 to assessed taxes greater than permitted by law and to deny unemployment compensation benefits.  Finally, the action was filed for violation of the amending procedure under Art. XII § 1 VA Const.

Under, Howell v. McAuliffe, 788 S.E.2d 706 (Va. 2016), Rodriguez has standing because of these “sufficient interest” based upon the VSBDB Void Ab Initio Order Doctrine and “the parties will be actual adversaries.” Id., 788 S.E.2d at 713 (quoting Cupp v. Bd. of Supervisors, 318 S.E.2d 407, 411 (Va. 1984)).  Rodriguez needs only “demonstrate a personal stake in the outcome of the controversy,” to assure a court, “that the issues will be fully and fairly developed.” Goldman v. Landsidle, 262 Va. 364, 371 (2001).

The standard is easily satisfied given the extensive record of Rodriguez challenges to the VSBDB void order issued to aid and abet Holder et al. Common law and statutory Business Conspiracy by violating the separation of power under Art. I § 5 & 9 VA Const., and Art. VI §§ 1, 5, & VA Const. (Plaintiff’s Ex. G and V Trial Court Record).

The injury and damage to Rodriguez are “actual or imminent, not conjectural or hypothetical.” Id. at 460, and both concrete and particularized to Rodriguez given the systematic denial of access to and impartial court and Common Law jury trial to challenge the VSBDB Void Ab Initio Order.

Therefore, the Circuit Court erred to holding the Rodriguez lack standing by failing to comply with the Void Ab Initio Order Doctrine given the particularized damages by the VSBDB Void Ab Initio Order violating Art. I §§ 5 &9 VA Const. and Art. VI §§ 1, 5, & 7 VA Const.  Rodriguez has standing and stated a cause of action where relief to challenge and attacked at any time, Adirectly or collaterally@ can be granted both as an attorney and as a citizen of Virginia injured by the VSBDB void ab initio order. Rook v. Rook, 233 Va. 92, 95, (1987).

II.        THE CIRCUIT COURT ERRED IN GRANTING A DEMURRER BY HOLDING THAT THE COURT LACKED SUBJECT MATTER JURISDICTION FOR A WRIT TO THE VSBDB FOR A BUSINESS CONSPIRACY IN VIOLATION OF THE VOID AB INITIO ORDER DOCTRINE, VA CONST. AND VA CODE. (Assignment of Error No. 2)

            It is a fundamental doctrine of due process under the common law, Art. I & VI of VA Const. VA Code § 54.1‑3935, and the 14th Amend to U.S. Const., that Rodriguez as the party adversely affected and damaged by the VSBDB void ab initio ordermust have his day before a validly constitutionally created impartial court and common law jury trial. Marbury v. Madison, 1 Cranch 137, 140 (1803); Renaud v. Abbott, 116 US 277, 6 S Ct 1194 (1886).

This right to a Common Law trial by jury is guaranteed by the VA Const. and the 7th Amendment to the United States Constitution. It gives subject matter jurisdiction to the Circuit Court to issue a Writ of Mandamus for acts outside the scope of employment and legal authority.  See Katia Gutierrez de Martínez v. Lamagno and DEA, 115 S.Ct. 2227 (1995).

            Under the Void Ab Initio Order Doctrine first discussed in Marbury v. Madison, 1 Cranch 137, 140 (1803),

            “[c]ourts are constituted by authority, and they cannot beyond the power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities. They are not just voidable but simply void, and this even prior to reversal.”

            This is consistent with the twin doctrines of separation of power and due process within both the Commonwealth of Virginia and the United States republican system of government.

            In sum, an entity such as the VSBDB, having neither constitutional authority, nor legal power, nor jurisdiction to render any act or order, the 2006 VSBDB void order is void ab initio—as not lawful, not subject to stare decisis/res judicata, and not enforceable being a complete nullity from its issuance, and is to be impeached directly or collaterally at any time, or in any manner. See also, Collins v. Shepherd, 274 Va. 390, 402 (2007); Singh v. Mooney, 261 Va. 48, 51‑52(2001); Barnes v. Am. Fertilizer Co., 144 Va. 692, 705 (1925); Rook v. Rook, 233 Va. 92, 95, (1987).

            Virginia Civil procedures the Circuit Court has subject matter jurisdiction under VA Code §8.01-195.3, to hold judge or government attorney accountable for tort outside of the scope of employment or judicial authority or jurisdiction (relief from tort liability apply only to actions within “official capacity” and “acting legally within the scope of their employment,” Sayers v. Bullar, 180 Va. at 229 and 230, 22 S.E.2d at 12 and 13 (1942).

            Similarly, under the Business Conspiracy statute, the Circuit Court has subject matter jurisdiction to grant equitable relief to enjoin a criminal enterprise outside of legal authority.  Thus, under Christopher V. Harbury (01-394) 536 U.S. 403 (2002), 233 F.3d 596 (reversed and remanded), Rodriguez must have access to an impartial Circuit Court and common law trial by jury to challenge the VSBDB void order.

            Therefore, the Circuit Court has subject matter jurisdiction to issue a Writ to secure accountability and removal of VSBDB for acts outside of their jurisdiction and legal authority.  This is logical since to enforce the Void Ab Initio Order Doctrine a void order can be impeached directly or collaterally at any time, or in any manner by Rodriguez.  As explained in Collins v. Shepherd, 274 Va. 390 (2007),

            An order that is void ab initio is a complete nullity that may be impeached directly or collaterally by all persons, at any time, or in any manner.  (quoting Singh v. Mooney, supra.) Furthermore “[a]n order is void ab initio rather than merely voidable, if ‘the character of the judgment was not such as the court had the power to render, or because the mode of procedure employed by the court was such as it might not lawfully adopt'” (quoting Evans v. Smyth‑Wythe Airport Comm’n, 255 Va. 69, 73(1998); Morgan v. Russia and Triangle Assocs., L.L.C., 270 Va. 21, 26‑27, (2005).

See also Barnes v. Am. Fertilizer Co., 144 Va. 692, 705 (1925); Rook v. Rook, 233 Va. 92, 95 (1987).

            As explained in Pennoyer v. Neff, 95 US 714, 733 (1877),

Since the adoption of the [VA Const.] and the Fourteenth Amendment to the Federal Constitution, the validity of void judgments may be directly questioned, and their enforcement in the State resisted, on the ground that proceedings in a court of justice to determine the personal rights and obligations of parties over whom that court has no jurisdiction do not constitute due process of law. . . . To give such proceedings any validity, there must be a tribunal competent by its constitution‑‑that is, by the law of its creation‑‑to pass upon the subject‑matter of the suit.” (Emphasis added)

            Thus, the Circuit Court committed reversible error by willfully obfuscating and refusing to comply with the Void Ab Initio Order Doctrine by holding it lacked subject matter jurisdiction in violation of the Void Ab Initio Order Doctrine under VA Const. and VA Code.

III.        THE CIRCUIT COURT ERRED IN ORDERING AN INJUNCTION AGAINST RODRIGUEZ AND DISMISSING RODRIGUEZ’S MOTION UNDER VA CODE §§ 18.2-500 TO ENJOIN THE VSBDB’S BUSINESS CONSPIRACY IN VIOLATION OF THE VOID AB INITIO ORDER DOCTRINE, VA CONST. AND VA CODE. (ASSIGNMENT OF ERROR NO. 3)

            Consistent with the intent of VA Code §§ 18.2-499 & 500, this Court in Gelber v. Glock, Record No. 160500 at p. 38, (June 22, 2017), confirmed that liability for civil liability is to spread “liability to persons other than the primary tortfeasor” once there is as here evidentiary proof that the underlying tort was committed by borrowing from Illinois law, to hold that “[t]he function of the conspiracy claim is to extend liability in tort beyond the active wrongdoers to those who have merely planned, assisted or encouraged the wrongdoer’s acts.” Id. at 38.  Almy v. Grisham, 273 VA. 68, 80, 639 S.E. 2d. 182, 188, (2007). 

            VA Code § 18.2-500 (a) & (b) provides for the specific remedy of mandatory three-fold damages, cost of suit, reasonable attorney’s fees, and an injunction.   

            Here the evidence is indisputable.  In 2006 the VSBDB issued a void ab initio order as the linchpin to Eric Holder et al. Common Law and statutory Business Conspiracy.  The VSBDB void order was also used in 2006 to deprive Rodriguez of his right: (a) not to be taxed higher than permitted by the Internal Revenue Code; and, not to be denied benefits unemployment benefits by the violation of the Void Ab Initio Order Doctrine, VA Const. and VA Code.

            The VSBDB void order has damaged Rodriguez’s business, reputation, profession, and property rights establishing the existence of the elements of both a Common Law Conspiracy and statutory Business Conspiracy by “concerted action, legal malice, and casually related injury . . . set[ting] forth core facts to support the claim.” Kayes v. Keyser, 72 Va. Cir. 549, 552 (City of Charlottesville 2007) (quoting Atlantic Futon v. Tempur-Pedic, Inc., 67 Va. Cir. 269, 271 (City of Charlottesville 2005)); see also M-Cam v. D’Agostino, Civil Action No. 3:05cv6, 2005 U.S. Dist. LEXIS 45289, at **7-8 (W.D. Va. Sept. 1, 2005) (plaintiff’s allegation that the defendants combined to effect a “preconceived plan and unity of design and purpose, for the common design is the essence of the conspiracy”). (Emphasis added)

            Under VA Code §§ 18.2-500(b), Circuit Court has subject matter jurisdiction and the duty to protect Rodriguez from the VSBDB void ab initio order issued as part of a Eric Holder et al.’s Business Conspiracy. Pennoyer v. Neff, 95 US 714 (1877); See also Jordon v. Gilligan, 500 F.2d 701, 710 (6th Cir. 1974)(“a void judgment is no judgment at all and is without legal effect”) (Emphases added).  The validity of the VSBDB void order is at issue, it can be attacked in any court as exceeding legal authority under Art. VI VA Const. and the Act of 1932.  See Rose v. Homely (1808) 4 Cranch 241, 2 L ed 608; Windsor v. McVeigh (1876) 93 US 274, 23 L ed 914; McDonald v. Mabee (1917) 243 US 90, 37 S. Ct 343, 61 Led 608.

            Consequently, the Circuit Court erred in issuing a prefiling injunction preventing Rodriguez from seeking redress and erred in dismissing Rodriguez’s motion for the immediate issuance of an injunction under VA Code § 18.2-500(b),[12] to enjoin the VSBDB void ab initio order depriving Rodriguez of procedural and substantive right to due process and equal protection of the laws. In Re Ruffalo, 390 U.S. 544, 550-51, 88 S.Ct. 1222, 1226 (1968); see also Mississippi State Bar v. Young, 509 So. 2d 210, 212 (Miss. 1987); Office of Disciplinary Counsel v. Campbell, 345 A.2d 616, 620 (Pa. 1975); See Commercial Bus. Sys. Inc. v. BellSouth Serv. Inc., 249 Va. 39, 48, 453 S.E.2d 261, 267 (1995) (citing Middlesboro Coca-Cola v. Campbell, 179 Va. 693, 702, 20 S.E.2d 479, 482 (1942)).

                                                                CONCLUSION                                               

         The VSBDB void ab initio order and record of the Fairfax Courty Circuit Court’s systemic denial of access to an impartial judiciary by defying the limitaiton and prohibitions under the VA Cosnt. and VA Code confirms the wrongdoing by government attorneys and judges, as well as the Virginia Bar Association.  The Virginia Judicial Branch has permitted a Common Law and Statutory Business Conspiracy to damage Rodriguez’s business, reputation, profession, and statutory property rights.

This evidence of retaliation against Rodriguez for being an independent advocate by the use of political influence and structural cronyism underscores the dangers warned by James Madison, that,

“[t]he accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”  The Federalist Papers, No. 48, Feb. 1, 1788

          The record evokes the regrettable history of the sorry acts of German judges, lawyers and law school’s in the 1930’s violating the rights of citizens under the German Constitution–which was a crucial part in aiding both the rise of the National Socialist Party and the in human acts under German law, because,

the murder of the six million Jews and other persecuted minorities was done completely within the framework of German law.” Professor Michael Bazyler, The Legacy of the Holocaust and Lessons for Today: Research for a New Textbook Holocaust, Genocide, and the Law.

            Thus, this Court must grant review, and remand to enjoin the VSBDB void order.

Dated: August 28, 2019

Respectfully submitted,

Isidoro Rodríguez

(571) 477-5350; E-mail: business@isidororodriguez.com


      [1] Patrick Henry wrote, “[p]ower is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny. (Emphasis added)

            [2] Article I § 5 VA Const. “That the legislative, executive, and judicial departments of the Commonwealth should be separate and distinct; and that the members thereof may be restrained from oppression, . . ..”

            [3] Article VI, § 1. Judicial power; jurisdiction. — The judicial power of the Commonwealth shall be vested . . . [in] courts of original or appellate jurisdiction subordinate to the Supreme Court as the General Assembly may from time to time establish.

            [4] Article VI, § 5. Rules of practice and procedure. The Supreme Court shall have the authority to make rules…, but such rules shall not be in conflict with the general law as the same shall, from time to time, be established by the General Assembly. (Emphasis Added)

[5] Article VI, § 7.  Selection . . . of judges.  The justice of the Supreme Court of shall be chosen by a vote of the . . . General Assembly. . ..  The judge of all other courts of record shall be chosen by the . . . General Assembly . . ..

      [6] Eric Holder retaliated against Rodriguez for: Martinez v. Lamagno and DEA, 515 U.S. 417 (1995) (reverse and remand for a common law evidentiary hearing before a jury of the acts outside the scope of employment by negligently DWI and having sex); See also Cooperativa Multiactiva de Empeados de Distribuidores de Drogas (Coopservir Ltda.” v. Newcomb, et al., D.C. Cir. No 99-5190, S Ct. No 99-1893 (2000) (challenge to Clinton’s Bill of Attainder); see also Lopez v. First Union, 129 F3rd. 1186 (11th Cir. 1997) and Organization JD Ltda. v. Assist U.S. Attorney Arthur P. Hui and DOJ, 2nd Cir. No. 93-6019 and 96-6145 (1996) (violation of the Electronic Communications Privacy Act and Right to Financial Privacy (1978).

      [7] The VSBDB void ab initio order was affirmed. Isidoro Rodriguez v. Supreme Court of Virginia, (Va. Sup. Ct No. 07-0283, VSB Docket Nos. 04-052-0794 and 04-052-1044), cert denied Nos. 07-A142 and 07A370 (2007).  See also Isidoro Rodriguez v. Supreme Court of Virginia et al., (S. Ct. No. 07-419, November 2, 2007).

            [8] The action against Jack Harbeston was summarily dismissed for lack of personal jurisdiction–despite entering Virginia to conspire with Eric Holder to the VSBDB bar complaint (Footnote 3 and 4).

      [9] When Has the Supreme Court of Appeals Original Jurisdiction of Disbarment Proceedings, R.H.C. Virginia Law Review, Vol. 10, No. 3 (Jan. 1924), pp. 246-248; David Oscar Williams, Jr., The Disciplining of Attorneys in Virginia 2 Wm. & Mary Rev. Va. L. 3 (1954).

      [10] VA Code § 54.1‑3935 (1950-2007). Procedure for revocation of license. “A. If the Supreme Court, the Court of Appeals, or any circuit Court of this Commonwealth observes, or if a complaint, verified by affidavit is made by any person to such court, that any attorney has…violated the Virginia Code of Professional Responsibility, the court may assign the matter to the Virginia State Bar for investigation. Upon receipt of the report of the Virginia State Bar, the court may issue a rule against such attorney to show cause why his license to practice law shall not be revoked. . ..” (Emphasis added)

            [11] VA. Code § 54.1‑3915. Restrictions as to rules and regulations.‑Notwithstanding the foregoing provisions of this article [§ 54.1‑3909 & § 54.1‑3910], the Supreme Court shall not promulgate rules or regulations prescribing a code of ethics governing the professional conduct of attorneys which are inconsistent with any statute; nor shall it promulgate any rule or regulation or method of procedure which eliminates the jurisdiction of the courts to deal with the discipline of attorneys. (Emphasis added)

            [12] The “extraordinary remedy of a preliminary injunction is appropriate in the instant case given the extensive record of willful oppression under color of law, obstruction of justice, and systematic denial access to a common law trial by jury to consider the evidence of a violation of Art. VI §§ 1, 5, & 7 VA Const., VA Code and the Void Ab Initio Order  Doctrine. ��� �

ORAL ARGUMENT TO SUPREME COURT OF VIRGINIA PANEL FREDERICKSBURG, VA August 22, 2019, ISIDORO RODRIGUEZ v. THE GENERAL ASSEMBLY OF VIRGINIA ET AL., NO. 190579

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GOOD MORNING, MAY IT PLEASE THE COURT.

I AM ISIDORO RODRIGUEZ.  MY BENCHMARK FOR ARGUING FOR THE GRANTING OF THE WRIT WAS SET IN 1964-MORE THAN 55 YEARS AGO-WHEN I TOOK THE OATH TO JOIN THE U.S. MILITARY.  THIS OATH NEVER ENDED TO DEFEND OUR REPUBLICAN CONSTITUTIONAL SYSTEM AGAINST BOTH “FOREIGN AND DOMESTIC ENEMIES.

THUS I AM SEEKING REVERSAL AND REMAND TO THE CIRCUIT COURT OF THIS DECLARATORY JUDGEMENT ACTION FOR THE VIOLATION OF THE VA CONST. AND VA CODE, AS WELL AS THE COMMON LAW EXCEPTION TO THE USE OF SOVEREIGN IMMUNITY FOR ACTS OUTSIDE OF LEGAL AUTHORITY AND THE VOID AB INITIO ORDER DOCTRINE PROHIBITION OF THE USE OF RES JUDICATA UNDER PER MARBURY V. MADISON AND VIRGINIA CASES, BECAUSE RESPONDENTS ACTS IN DEFIANCE OF CONSTITUTIONAL OR STATUTORY LIMITATIONS ARE VOID AB INITIO.

THIS IS CONFIRMED BY RESPONDENTS’ OWN ADMISSION:

FIRST, INTERPRETING VA CODE §§ 54.3909 & 54.1 3910 (2017) AS THE BASES FOR ESTABLISHING THE VSBDB AS A “PARALLEL” CENTRALIZED ATTORNEY DISCIPLINARY ADMINISTRATIVE AGENCY IN DELIBERATE DEFIANCE OF THE LIMITATION AND PROHIBITIONS UNDER THE MANDATES OF SEPARATION OF POWER AND DUE PROCESS OF ART. I §§ 5 & 9, ART. VI §§ 1, 5 & 7 VA CONST, & ART. XII VA CONST.;

            SECOND, ADMITTING THAT THE VSBDB IS NEITHER  A “COURT” NOR ITS MEMBERS “JUDGES” AS REQUIRED UNDER THE VOID AB INITIO ORDER DOCTRINE  AND IN “CONFLICT” WITH VA CODE §§ 54.3915 & 54.1 3935 (1932-2009).

BASED ON RESPONDENTS’ ADMISSIONS IT IS IMPORTANT TO REMIND THE COURT:

  • THAT THE ACT OF 1932 ESTABLISHED A DECENTRALIZED COURT BASED ATTORNEY DISCIPLINARY SYSTEM WITH “COURT” HAVING EXCLUSIVE JURISDICTION PER VA CODE §§ 54.3915 & 54.1 3935 (1932-2009).
  • THAT ART. VI § 1 RESTRICTS THE POWER TO GRANT JUDICIAL AUTHORITY AND CREAT COURTS TO THE GENERAL ASSEMBLY[i];
  • THAT ART. VI § 5 PROHIBIT THE COURT FROM PROMULGATING RULES IN “CONFLICT” WITH VA CODE;[ii]
  • THAT ART. VI § 7 RESTRICTS ON THE POWER TO APPOINT JUDGES TO THE GENERAL ASSEMBLY;[iii]
  • THAT UNDER ART. XII §1 VA CONST., ONLY THE CITIZENS OF VIRGINIA, CAN AMEND THE VA CONST’S SEPARATION OF POWER AND THE RIGHT TO DUE PROCESS UNDER ART. VI §§ 1, 5 & 7 VA CONST.  

DESPITE THESE PROHIBITIONS, THE CIRCUIT COURT GRANTED PROTECTION TO RESPONDENTS FROM ACCOUNTABILITY FOR THEIR ACTS OUTSIDE OF LEGAL AUTHORITY BASED ON VARIOUS GROUND BUT ESSENTIAL THE DOCTRINES OF SOVEREIGN IMMUNITY AND RES JUDICATA.

BUT LOGICALLY AND LEGALLY NONE OF THESE GROUNDS CAN EXTEND “IMPUNITY” TO RESPONDENTS FOR THEIR ADMITTED WILLFUL ACTIONS VIOLATING THE LIMITATIONS AND PROHIBITIONS UNDER THE VA CONSTITUTIONS REPUBLICAN SYSTEM OF GOVERNMENT.  THERE CAN BE NO GRANT OF “IMPUNITY” FROM CHALLENGES BASED ON THE EVIDENCE OF VIOLATION OF THE VA CONSTITUTIONS BECAUSE NEITHER A VA STATUTE NOR COURT RULE CAN SUPERSEDE THE LIMITATION AND PROHIBITION UNDER THE VA CONSTITUTION.

THIS IS BECAUSE ANY OTHER RULE OF LAW WOULD MAKE CONSTITUTIONAL LAW SUBSERVIENT TO RESPONDENTS WILLFUL UNLAWFUL ACTS. SEE DEPARTMENT OF REVENUE V. KUHNLEIN, 646 SO.2D 717 AT 721 (FLORIDA SUPREME COURT 1994),

THEREFORE, THE CIRCUIT COURT ERRED IN ITS SYSTEMATIC DENIAL OF ACCESS TO AN IMPARTIAL COURT AND IMPARTIAL COMMON LAW JURY TRIAL TO SECURE ACCOUNTABILITY FOR RESPONDENT VSBDB 2006 VOID AB INITIO ORDER (PLAINITT’S EX D) AIDING ERIC HOLDER ET AL.’S COMMON LAW AND STATUTORY BUSINESS CONSPIRACY VA CODE 18.2-499 & 500 TO DAMAGE MY BUSINESS, REPUTATION, PROFESSION, AND STATUTORY PROPERTY RIGHTS.

THIS SYSTEMIC DENIAL IS ADDITIONALLY CONFIRMED BY THE EVIDENCE THAT RATHER THAN TAKE CORRECTIVE ACTION AS REQUESTED FOR THE VIOLATION OF THE VOID AB INITIO ORDER DOCTRINE, VA CONST., AND VA CODE, FROM 2003 TO 2018 THE RESPONDENT OFFICE OF THE GOVERNOR, RESPONDENT OFFICE OF ATTORNEY GENERAL OF VIRGINIA, AND RESPONDENT GENERAL ASSEMBLY, PARTICIPATED IN THE BUSINESS CONSPIRACY BY:

FIRST, VIOLATING OF ART. XII § 1 VA CONST., BY ENACTING AND SIGNING ON JANUARY 9, 2017, VA CODE § 54.1 3935 (2017) TO EX POST FACTO RETROACTIVELY “CONFORM THE STATUTORY PROCEDURE FOR THE DISCIPLINING OF ATTORNEYS” TO 1998 COURT RULES THAT “CONFLICT” WITH ART. VI §§ 1, 5, & 7 VA CONST. AND VA CODE §§ 54.3915 & 54.1 3935 (1932-2009); AND,

SECOND, VIOLATING ART. IV §14 ¶4(18), BY MY REPRESENTATIVE DELEGATE MARCUS SIMON (HOUSE DISTRICT 53), ON JANUARY 9, 2019 INTRODUCING HOUSE BILL NO 2111 AS SPECIAL LEGISLATION TO GIVE IMMUNITY TO RESPONDENTS FROM CIVIL LIABILITY FOR THE BUSINESS CONSPIRACY.

            THIS EVIDENCE CONFIRMS THAT RESPONDENTS’ COMPOUNDED THE BUSINESS CONSPIRACY BY A CLASS 2 & 6 FELONY TO “RESIST THE EXECUTION OF THE LAWS UNDER COLOR OF AUTHORITY.” (VA CODE §§ 18.2‑481 AND 482).

FOR THESE REASONS THE CIRCUIT COURT ERRED:

FIRST, BY VIOLATING THE COMMON LAW EXCEPTION TO SOVEREIGN IMMUNITY FOR RESPONDENTS ACTS OUTSIDE THE SPHERE OF LEGISLATIVE AUTHORITY, SCOPE JUDICIAL AUTHORITY, AND SCOPE OF EMPLOYMENT BY THEIR DEFIANCE OF ART. I §§ 5 & 9, ART. VI §§ 1, 5, & 7, ART. XII § 1 VA CONST., BY THE ENACTMENT OF VA CODE § 54.1‑3935 (2017) TO RETROACTIVELY EX POST FACTO ADOPT THE 1998 COURT RULES ISSUED IN VIOLATION OF VA CODE § 54.1‑3915 (1950-2017), VA CODE § 54.1‑3935 (1950-2009), AND THE VOID AB INITIO ORDER DOCTRINE.

SECOND, BY NOT IMPANELLING A SPECIAL GRAND JURY TO INVESTIGATE AND REPORT ON THE EVIDENCE OF CLASS 2 & 6 FELONY UNDER VA CODE §§18.2-481 & 482 TO “RESIST THE EXECUTION OF THE LAWS UNDER COLOR OF AUTHORITY” AND MISDEMEANOR BUSINESS CONSPIRACY UNDER VA CODE 18.2-499 & 500.

THIRD, BY VIOLATING THE VOID AB INITIO ORDER DOCTRINE BY USE OF RES JUDICATA.

FOURTH, BY GRANTING RESPONDENT’S DEMURE BASED ON A MISNOMER, LACK OF STANDING AND FAILURE TO STATE A CLAIM.

FIFTH, BY HOLDING THAT RESPONDENT GENERAL ASSEMBLY AS AN ART. III AND VI VA CONST. ENTITY IT CANNOT BE SERVED UNDER COURT-ORDERED PUBLICATION VA CODE §§ 8.01-316(B) & 318.

REGARDING THE ABOVE VIOLATIONS I RESPECTFULLY REMIND THE COURT THAT PATRICK HENRY, WHO WROTE,

“[P]OWER IS THE GREAT EVIL WITH WHICH WE ARE CONTENDING. WE HAVE DIVIDED POWER BETWEEN THREE BRANCHES OF GOVERNMENT AND ERECTED CHECKS AND BALANCES TO PREVENT ABUSE OF POWER. HOWEVER, WHERE IS THE CHECK ON THE POWER OF THE JUDICIARY? IF WE FAIL TO CHECK THE POWER OF THE JUDICIARY, I PREDICT THAT WE WILL EVENTUALLY LIVE UNDER JUDICIAL TYRANNY.” (EMPHASIS ADDED)

IN THAT CONTEXT THE WRIT SHOULD BE GRANTED BECAUSE OF THE EVIDENCE OF RESPONDENTS’ CONCERTED UNLAWFUL ACTS TO DENY CITIZENS OF VIRGINIA ACCESS TO AN INDEPENDENT LEGAL PROFESSION WILLING AND ABLE TO LITIGATE AGAINST STATE ACTION IN VIOLATION OF THE VA CONST. MANDATES OF SEPARATION OF POWER AND DUE PROCESS.

I CLOSE AND MOVE FOR THE EMPANELING OF A GRAND JURY, AND FOR AN INJUNCTION OF VA CODE § 54.1‑3935 (2017).  I ALSO MOVE FOR THE LIFTING OF THE CIRCUIT COURT’S INJUNCTION TO PERMIT THE THE FILING OF AN ACTION FOR DAMAGES BEFORE A COMMON LAW JURY BASED ON THE 2006 VSBDB VOID AB INITIO ORDER.

SUBMITTED BY ISIDORO RODRIGUEZ

      [i] Article VI, § 1. Judicial power; jurisdiction. — The judicial power of the Commonwealth shall be vested . . . [in] courts of original or appellate jurisdiction subordinate to the Supreme Court as the General Assembly may from time to time establish.

            [ii] Article VI, § 5. Rules of practice and procedure. The Supreme Court shall have the authority to make rules…, but such rules shall not be in conflict with the general law as the same shall, from time to time, be established by the General Assembly. (Emphasis Added)

[iii] Article VI, § 7.  Selection . . . of judges.  The justice of the Supreme Court of shall be chosen by a vote of the . . . General Assembly. . ..  The judge of all other courts of record shall be chosen by the . . . General Assembly . . ..

PRESS RELEASE: SUIT AGAINST GOV’T ATTORNEYS AND JUDGES FOR VIOLATION OF THE VIRGINIA CONSTITUTION

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            On February 11, 2020, in Isidoro Rodriguez vs. The Virginia State Bar Disciplinary Board (No 191136) I argue before a panel of the Supreme Court of Virginia

            I am challenging the government’s surreal argument that the Supreme Court of Virginia under the VA Code § 54.1-3909, had the power to not comply with the restrictions under Art. VI § 5 of the VA Const. and VA Code § 54.1-3915 to disregard the decentralized County Circuit Court attorney disciplinary system established in 1950 under VA Code § 54.1-3935 (1950-2009).  Thus, the government argues that the Court lawfully created a centralized system under its control by issuing Court Rules to defy the limited delegation of authority of the Court to regulate the professional conduct of attorneys and law students.

            Therefore, I seek a Writ of Mandamus to enjoin the violation of Art. VI § 1 of the VA Const. by unlawful Court Rules that created the Virginia State Bar Disciplinary Board as a kangaroo court with judicial authority.

            However, the record confirms the “systemic denial of access” to an impartial common law jury trial and County Court to hold government attorneys accountable for a business conspiracy in violation of VA Code §§ 18.2-499 & 500 that damaged my law practice, reputation, profession and right to employment since 2003 and for violating the limitations, prohibitions, and separation of powers under Art. VI and XII of the VA Const., and by breaking the Void Ab Initio Order Doctrine.

            Subsequently, this business conspiracy was oddly confirmed and compounded by the evidence of the Office of the Governor, Office of Attorney General, members of the General Assembly, and the Courts violation of the duty to enforce the limitation, prohibitions, and separation of power under our Virginia and U.S. Constitutional mandate under our Republican form of Gov’t. by their colluding:

            a. in February 2017 to violate Art. 1 § 9, Art. VI § 5, and Art. XII § 1 of the VA Const. to enact ex post facto amendment to VA Code § 54.1-3935 (1950-2009) retroactively adopt the unlawful 1998 Court Rules giving itself judicial authority; and,

            b. in March 2017 to violate Art. IV § 14, ¶3(18) to enact VA Code § 8.01-223.2 to grant immunity to the Virginia State Bar Disciplinary Board from accountability for the business conspiracy (See 2019 HB 2111).   (See www.isidororodriguez.com)

            The results of these unlawful court rule, ex post facto VA Code, and efforts to grant immunity has been enacted as a policy to deny citizens of an independent legal profession able/willing to challenge the abuse of power by Government attorneys and judges acting outside the scope of authority.  Consequently, the Writ of Mandamus must be issued to the Virginia State Bar Disciplinary Board.

Isidoro Rodriguez (571)477-5350   

SUPPLEMENTAL FILING IN SUPPORT OF PETITION FOR STATEMENT OF INTEREST TO STOP THE VIOLATIONS OF ART. I & ART. VI OF THE VA CONSTITUTION, VA CODE, AND THE VOID AB INITIO ORDER DOCTRINE.

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June 14, 2019

President Donald J. Trump, The White House1600 Pennsylvania Avenue, NWWashington, D.C. 20500
also to Attorney General of the United States and U.S. Attorney John H. Durham

Dear President Trump et al.,

Enclosed are Exhibits 1, 2a, 2b, and 2c, for filing in support of the May 20, 2019 petition for an amicus curie Statement of Interest under 28 U.S.C. § 517 (2014), to the Supreme Court of Virginia in Petition for Appeal in Isidoro Rodriguez v. The General Assembly of the Commonwealth of Virginia, Record No. 190579, and to the Fairfax County Circuit Court for a Writ of Mandamus in Isidoro Rodriguez v. Virginia State Bar Disciplinary Board No. 2018-16433.

These legal actions, as well as the recently filed Motion to Enjoin the Virginia State Bar Disciplinary Board (Exhibit 1), are in response to the summary orders of Hon. U.S. Dist. Judge John A. Gibney, Jr. in Isidoro Rodriguez, Esq., v. Jane/John Does of the Virginia State Bar Disciplinary Board et al., U.S. Dist. Ct. E.D. VA 12 cv 663 JAB (April 12, 2013), aff’d 4th Cir USCA No 13-1638 (Nov. 2013), granting “impunity” and absolute immunity to the Washington D.C./Virginia Oligarchy of Federal/Virginia government attorneys, employees, and judges for their violations of the VA Const., VA Code, and the Void Ab Initio Order Doctrine.

In short, the Hon. Judge Gibney (who has a conflict of interest since his wife is a member of the VSBDB) violated Common Law and 7th Amendment rights to a civil jury trial to obtain accountability and damages for violation of the Void Ab Initio Order Doctrine, and the business conspiracy VA Code § 18.2.499 & 550, by,

[summary dismissing and issuing a nationwide injunction barring me from] filing any lawsuit in any federal court of the United States involving in any way his disbarment or the allegations leading to his disbarment [by the VSBDB, federal courts and Eric Holder et al. for illegal acts during the Clinton, Bush, and Obama Administrations (Exhibit 2a, 2b and 2c)]. The Court further enjoins the plaintiff from filing any lawsuit in any federal court of the United States against any of the defendants in this case, against any judge or retired judge, against any United States Attorney or member of a United States Attorney’s staff, against the Attorney General of Virginia or any past or present member of the Attorney General’s staff, and against the Virginia State Bar or any agents of the Bar. The plaintiff is further enjoined from filing any additional pleadings in the instant case, other than pleadings necessary to perfect and present an appeal. [As well as ordering a prior restraint by requiring Rodriguez to file a motion] in the federal court in which he wishes to file [any other type of suit], for leave of Court to file suit. . ..”

Thus, in addition to the Statement of Interest, I also request to testify before the Special Grand Jury empaneled in the District of Columbia.

I will present evidence, in addition to the Hon Judge Gibney’s surreal grant of “impunity” and absolute immunity, of the systematic denying of access to an impartial court so to permit the Washington D.C./Virginia government attorneys, employees, and judges violations of the limitation and prohibitions under Constitution of the Commonwealth of Virginia.

This cronyism of Washington D.C./Virginia Lobbyists/Attorneys evoke the history of the sorry acts of German judges, lawyers and law school’s violation of the rights of citizens under the German Constitution–which was a crucial part in aiding the inhuman acts of Hitler and National Socialist Party, because,

“[by] the time the gas vans came and the human slaughter factories were built in Auschwitz, and the other death camps, the murder of the six million Jews and other persecuted minorities was done completely within the framework of German law.” Professor Michael Bazyler, The Legacy of the Holocaust and Lessons for Today: Research for a New Textbook Holocaust, Genocide, and the Law.

Thus, the evidence is that a clear and present danger to our Republic exists by a coup d’état of the legal profession in the Beltway and Virginia, of government attorneys and judges.

As James Madison wrote in Federalist No. 48, Feb. 1, 1788,

“[t]he accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”
Respectfully,

Isidoro Rodriguez

IN THE SUPREME COURT OF VIRGINIA PETITION FOR APPEAL, RECORD NO. ISIDORO RODRIGUEZ, Plaintiff-Petitioner Pro Per, v. The General Assembly of Virginia, The Office of the Governor of Virginia, The Supreme Court of Virginia, The Office of the Attorney General of Virginia, The Virginia State Bar, and The Virginia State Bar Disciplinary Board, Defendants-Respondents.

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ASSIGNMENTS OF ERROR

1. The Circuit Court erred under VA Code § 1-200 (2005) in violation of the Common Law exception to Sovereign Immunity for acts outside the sphere of legislative authority, scope judicial authority, and scope of employment by the defiance of the separation of power under Art. I §§ 5 and Art. VI §§ 1, 5, & 7 Constitution of the Commonwealth of Virginia (“VA Const.), the amending procedure under Art. XII § 1 VA Const., and the prohibition on ex post facto laws under Art. I § 9 VA Const., by enacting VA Code § 54.1 3935 (2017) to retroactively adopt the 1998 court rules issued in violation of VA Code § 54.1 3915 (1950-2017), VA Code § 54.1 3935 (1950-2009), and the Void Ab Initio Order Doctrine, as alleged in Petitioner’s Complaint.

These errors were preserved at pages 17, 20, 21,22, 25, 28, 30, 34, and 36 of the February 21. 2019 transcript, as well as in the signed and objected to Orders of the Circuit Court denying Petitioner’s motions on January 4, February 1, 8, and 22, 2019 and Order dismissing Petitioner’s Complaint on February 21, 2019.

2. The Circuit Court erred by a grave injustice in not impaneling a Special Grand Jury to investigate and report on the evidence of Class 2 & 6 Felony under VA Code §§18.2-481 & 482 to “resist the execution of the laws under color of authority” and misdemeanor business conspiracy under VA Code 18.2-499 & 500, as alleged in Petitioner’s Complaint.

This error was preserved at pages 17, 20, 21,22, 25, 28, 30, 34, and 36 of the February 21. 2019 transcript, as well as in the signed and objected to Orders of the Circuit Court dismissing Petitioner’s Complaint.

3. The Circuit Court erred in violation of the Void Ab Initio Order Doctrine by the use of Res Judicata to dismiss the Complaint.

This error was preserved at pages 17, 20, 21,22, 25, 28, 30, 34, and 36 of the February 21. 2019 transcript, as well as in the signed and objected to Orders of the Circuit Court denying motions on January 4, February 1, 8, and 22, 2019 and dismissing Petitioner’s Complaint on February 21, 2019.

4. The Circuit Court erred in granting Respondent’s Demure based on a misnomer, lack of standing and failure to state a claim.

This error was preserved at pages 17, 20, 21,22, 25, 28, 30, 34, and 36 of the February 21. 2019 transcript, as well as in the signed and objected to Order of the Circuit Court denying motions on January 4, February 1, 8, and 22, 2019 and Order dismissing Petitioner’s Complaint on February 21, 2019.

5. The Circuit Court erred in holding that the General Assembly cannot be served under court-ordered publication VA Code §§ 8.01-316(b) & 318.

This error was preserved at pages 17, 20, 21,22, 25, 28, 30, 34, and 36 of the February 21. 2019 transcript, as well as in the signed and objected to Order of the Circuit Court denying the motion on February 22, 2019, and Order dismissing Petitioner’s Complaint on February 21, 2019.

NATURE OF THE CASE/MATERIAL PROCEEDINGS BELOW

On November 14, 2018, Plaintiff-Petitioner Isidoro Rodriguez (“Rodriguez”) filed in the Circuit Court of Fairfax County a Verified Complaint for Declaratory Judgement seeking equitable and monetary relief under VA Code §§ 8.01-184 et seq., against Respondents, including entities created under Art. IV § 1 & 14, Art. V § 1, and Ar, VI § 1 of the Constitution of the Commonwealth of Virginia (“VA Const.”) respectively the General Assembly of the Commonwealth of Virginia (“General Assembly”), Office of the Governor of Virginia (“Office of the Governor”) and the Supreme Court of Virginia (“Court”), as well as the the Office of the Attorney General of Virginia, the Virginia State Bar, and the Virginia State Bar Disciplinary Board (”VSBDB”).

Rodriguez provided evidence (Plaintiff’s Ex A through V filed with the Complaint and thereafter Supplemental filings), establishing that from 2003 to the present Respondents during the administrations of Governors Mark Warner, Tim Kaine, Bob McDonnell, Terry McAuliffe, and Ralph Northam, acted outside the sphere of their legitimate legislative activity, the scope of judicial authority, and employment to unlawfully expand the power of the Court by violating: (a) the separation power under Art. I § 5 VA Const. and Art. VI §§ 1, 5, & 7 VA Const.; (b) the amending procedures under Art. XII § 1 VA Const.; (c) the prohibition under Art. I § 9 VA Const on the enactment of ex post facto legislation; and, (d) the right to due process under Art. I §§ 11 & 15 VA Const., and the Void Ab Initio Order Doctrine, by a  business conspiracy and Class 2 & 6 felony VA Code §§ 18.2‑481 and 482, to “[resist] the execution of the laws under color of authority.”

In response to Rodriguez’s petitions to the General Assembly for an investigation, and complaints to the OAS and the UN for the surreal grant of “impunity” for acts outside fo legal authority (www.isidororodriguez.com), Respondents in 2017 enacted ex post facto VA Code § 54.1 3935 (2017) to expand the power of the Court by retroactively “conform[ing] the statutory procedure [under VA Code § 54.1 3935 (1932-2009)] for the disciplining of attorneys” to unconstitutional Court Rule Part 6, § IV, 13-6, issued in 1998 that created a “parallel” centralized statewide attorney disciplinary system under the Court’s control, establishment of the VSBDB as a lower court with judicial authority to discipline attorneys and appointing VSBDB members as judges.  The motive for violation of Art. I § 5 VA Const. and VA Code § 54.1‑3915 (1950-2017) restrictions on the Court was to defy the rights of all citizens of the independent decentralized legal profession established in 1932 under VA Code § 54.1 3935 (1950-2009).

All other the Respondents were serviced by the Sheriff on November 28, 2018, but the General Assembly refused to accept service. On December 26, 2018, Rodriguez filed an affidavit under oath that the General Assembly refused to accept service by the Sheriff at the General Assembly Building, Richmond, VA, declined to name an agent for service, and refused all U.S. postal service mail.  On January 2, 2019, the Circuit Court issued an Order of Publication by the Washington Times on January 10, 17, 24, and 31, 2019.  On January 31, 2019, the newspaper filed a Notarized Affidavit of Publication.  Rodriguez filed on February 8, 2019, a motion for Default Judgement against the General Assembly for failure to appear as Ordered.

On January 4, February 1, 8, and 22, 2019, the Circuit Court denied all of Rodriguez’s motions for (1) an injunction of the VSBDB 2006 Void Ab Initio Order unlawfully revoking Rodriguez’s license to practice law for litigating to enforce his statutory property rights and rights as a father; (2) a Writ Quo Warrento against Respondents; (3) an injunction of ex post facto VA Code § 54.1‑3935 (2017); (4) for a Special Grand Jury; and, (5) for Default against the General Assembly for failure to answer/appear pursuant to court-ordered publication.

On February 21, 2019, the Circuit Court held a hearing on Respondents’ Plea to Dismiss based on Sovereign Immunity, Res Judicata and Demurrer.  The Circuit Court dismissed Rodriguez’s Complaint, over specific objections. Rodriguez filed on March 12, 2019, a Notice of Appeal and Notice of Filing of the Transcript.

STATEMENT OF FACTS

The Citizens ratified Art. I § 5 VA Const., to mandate the separation of power between the General Assembly, the Office of the Governor, and the Court.

Based on the open distrust of the motive of individuals in government generally, and the Court expressly of the drafters of the VA Const., the Citizens ratified Art. VI §§ 1, 5 & 7 VA Const., to give only to the General Assembly the power to enact statutes giving judicial authority, establishing lower courts, and appointing judges.  Also, the Citizens ratified Art. XII § 1 VA Const., to reserve to themselves the power to amend the constitutional restrictions on the Court.

In 1932 in response to the holding in Legal Club of Lynchburg v. A.H. Light, 137 Va. 249, at 250, 119 S.E. 55 (1923), citing Fisher’s Case, 6 Leigh (33 Va.) 619 (1835) (“[t]he power to go further and make suspension or revocation of license effective in all other courts of the Commonwealth [this] must be conferred by statute,” (Emphases added), the Acts of Assembly p. 139 (“1932 Act”) (codified as VA Code § 54.1‑3935 (1950-2009), was passed to maintain the separation of power and restrictions on the Court by establishing a decentralized statewide attorney disciplinary system authorizing the judicial power to discipline attorneys only to County Circuit Courts and Courts of Appeal, and explicitly denying the Court power to discipline attorneys directly (VA Code § 54.1‑3934, giving only to the Board of Bar Examiners power to revoke an attorney’s license).

To assure the Court’s compliance with the decentralized attorney disciplinary system, Art. VI § 5 VA Const., and VA Code § 54.1 3915 (1950-2017) prohibited the Court from promulgating court rules or regulations inconsistent with VA Code § 54.1‑3935 (1950-2009). See When Has the Supreme Court of Appeals Original Jurisdiction of Disbarment Proceedings, R.H.C. Virginia Law Review, Vol. 10, No. 3 (Jan. 1924), pp. 246-248; and David Oscar Williams, Jr., The Disciplining of Attorneys in Virginia 2 Wm. & Mary Rev. Va. L. 3 (1954).

However, in defiance of the prohibitions on the Court, the Respondents used legal sophistry to interpret VA Code § 54.1‑3909 & 3910 to issue Rule Part 6, ( IV to establish a “parallel” centralized attorney disciplinary system under the Court’s control by issuing court rules in 1998 to give judicial authority the VSBDB as a “lower court” to discipline attorneys, and to appoint VSBDB members as “judges.” (Respondents Admissions and the Circuit Court order, Transcript of 02/21/2019 hearing pages 33 and 34).

Shortly after that, in retaliation for Rodriguez’s litigations during the Clinton/Bush Administrations Washington D.C./Virginia Lobbyist/Lawyer Oligarchy under the stewardship of Eric Holder undertook a business conspiracy in violation of VA Code 18.2-499 & 500 to damage Rodriguez’s Federal pro hoc vice litigation practice, reputation, profession and property rights.  Washington D.C. Lobbyist/Attorney Eric Holder and Mr. Jack Harbeston (former Managing Partner of Rodriguez’s clients Sea Search Armada and Armada Company (“SSA”) dissolved in 2002) filed in 2003 two fraudulent VSBDB bar complaints against Rodriguez for litigating to enforce his statutory rights: (a) in a Choate Virginia Attorneys’ Lien under VA Code § 54.1-3932 on SSA’s contract claim to 50% of the Treasure Trove (USD 18 Billion) on the sunken Spanish 1707 Galleon San Jose; and, (b) as a father pursuant to Treaty, VA Code, and Joint Custody Agreement (http://www.liamsdad.org/others/isidoro.shtml).

On November 27, 2006, the VSBDB issued a Void Ab Initio Order usurping judicial authority to revoke Rodriguez’s license for litigating to enforce statutory rights. This Court affirmed in violation of the Void Ab Initio Order Doctrine. Isidoro Rodriguez v. Supreme Court of Virginia, (Va. Sup. Ct No. 07-0283, VSB Docket Nos. 04-052-0794 and 04-052-1044), cert denied Nos. 07-A142 and 07A370 (2007).  See also Isidoro Rodriguez v. Supreme Court of Virginia et al., (S. Ct. No. 07-419, November 2, 2007).

Rodriguez filed two administrative claims in 2007 under the common law and Virginia Tort Claims Act VA Code ( 8.01-195 challenging the VSBDB void ab initio order, and filed civil actions seeking damages.

But Respondents systematically denied access to an impartial common law jury trial and courts to deny challenges the VSBDB void ad initio order and to enforce Rodriguez’s Choate Attorney’s Lien.  In violation of their judicial authority, the courts assume away the Common Law exception to the claim of either sovereign immunity, and the Void Ab Initio Order Doctrine bar to the use of res judicata, collateral estoppel, or stare decisis. See Isidoro Rodriguez v. Hon. Leroy Rountree Hassell, Sr., et al., No. 081146 (2008); Fairfax Cir Ct. No CL-2007-1796) (void order holding the VSBDB absolute immune for violation of the VA Const. and VA Code); see Plaintiff’s Ex. G1 filed with the Complaint listing the use of the VSBDB void ab initio order; see also, Isidoro Rodriguez v. John/Jane Doe of the VSBDB et al., (2013) EDVA No. 3:12-cv-00663 (the Hon. Dist. Judge John A. Gibney surreally issued an unpublished nationwide void order granting “impunity” by enjoining and prior restraining the filing future federal litigation challenging the violations of due process, the Void Ab Initio Order Doctrine, VA Const., and VA Code).

In response to Rodriguez’s complaints to the Inter-American Commission on Human Rights of the OAS (P-926-16), and the United Nations Committee on Human Rights, the General Assembly on January 9, 2017, enacted ex post facto VA Code § 54.1 3935 (2017) to expand the power of the Court by retroactively “conform[ing] the statutory procedure [under VA Code § 54.1 3935 (1932-2009)] for the disciplining of attorneys” to the unlawful Court’s rule.

In response Rodriguez’s January 5, 2019 petition, in violation of Art. IV §14 ¶4(18) House Bill No 2111 was introduced on January 9, 2019, as Special Legislation to give immunity from accountability to government attorneys and judges from civil liability for their business conspiracy since 2003 (Supplemental Filing on February 21, 2019).

AUTHORITIES AND ARGUMENT

  1. THE CIRCUIT COURT ERRED IN VIOLATING THE COMMON LAW EXCEPTION TO THE DEFENSE OF SOVEREIGN IMMUNITY. (Assignment of Error No. 1)
  2. The Standard of Review Is De Novo.

“The legal question presented by a circuit court’s decision to sustain a demurrer requires the application of a de novo standard of review.” Cline v. Dunlora South, LLC, 284 Va. 102, 106, 726 S.E.2d 14, 16 (2012) (citing Glazebrook v. Bd. of Supervisors of Spotsylvania County, 266 Va. 550, 544, 587 S.E.2d 589, 591 (2003)). “On appeal, a plaintiff attacking a trial court’s judgment sustaining a demurrer need only show that the court erred, not that the plaintiff would have prevailed on the merits of the case.” Tronfeld v. Nationwide Mut. Ins. Co., 272 Va. 709, 713, 636 S.E.2d 447, 449 (2006).

  1. UNDER THE COMMON LAW THERE IS NO SOVEREIGN IMMUNITY FOR UNLAWFUL ACTS VIOLATING THE VA CONST., VA CODE, AND THE VOID AB INITIO ORDER DOCTRINE.

At the outset, the General Assembly enacted VA Code § 1-200 (2005), to mandate that the,

“The Common Law of England, insofar as it is not repugnant to the principles of the Bill of Rights and Constitution of this Commonwealth, shall continue in full force within the same, and be the rule of decision, except as altered by the General Assembly.  VA. Code § 1-10; 2005. (Emphasis added)

Thus, the English Common Law controls all judicial decisions, except when the General Assembly specifically enacted legislation to change the Common Law rule.

Regarding the defense of Sovereign Immunity, Common Law only permitted its use when a defendant was acting within the legal authority.  This is consistent with the Magna Carta which held officials and judges accountable for acts outside of their legal authority and jurisdiction.  As explained by Sir Edward Coke, 77 Eng. Rep. at 1038‑41,

[W]hen a Court has. . . has no [judicial authority or] jurisdiction of the cause, there the whole proceeding is [not before a person who a judge], and actions will lie against them without any regard of the precept or process . . . (Emphasis added)

The Case of the Marshalsea, 77 Eng. Rep. 1027 (K.B. 1613), held that an action for equitable relief and damages would lie for the conspiracy to issue and enforce a void order as part of a criminal enterprise outside of legal authority, and the facts were to be decided by a common law trial by jury. Thus, the Common Law provided for accountability and removal of officials and judges for acts outside of their jurisdiction and judicial authority, 4 William Blackstone, Commentaries 140 at 141.

The Common Law did not permit the defense of Sovereign Immunity to allow the aiding and abetting of unlawful acts outside of governmental functions.

Regarding the Common Law and the Void Ab Initio Order Doctrine Marbury v. Madison, 1 Cranch 137, 140 (1803), held that,

“[c]ourts are constituted by authority and they cannot beyond the power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities. They are not just voidable, but simply void, and this even prior to reversal.”

Thus, the Void Ab Initio Order Doctrine mandates when an entity has neither constitutional authority, nor legal power, nor jurisdiction to render any order as a lower court-it is a void ab initio order as a complete nullity from the date of its issuance and may be impeached directly or collaterally at any time, or in any manner. Collins v. Shepherd, 274 Va. 390, 402 (2007); Singh v. Mooney, 261 Va. 48, 51‑52(2001); Barnes v. Am. Fertilizer Co., 144 Va. 692, 705 (1925); Rook v. Rook, 233 Va. 92, 95 (1987).

Consistent with the Common Law, VA Code §8.01-195.3, to permit the holding of a judge or government attorney accountable with no immunity from tort suit for acts outside of the scope of employment or judicial authority or jurisdiction (relief from tort liability apply only to actions within “official capacity”).  In Sayers v. Bullar, 180 Va. at 229 and 230, 22 S.E.2d at 12 and 13 (1942), the court held that sovereign immunity applies only when government entities, officials, or employees were “acting legally within the scope of their employment.”  Thus, Respondents cannot claim Sovereign Immunity for:

(A) Acts outside the scope of employment, Katia Gutierrez de Martínez v. Lamagno and DEA, 115 S.Ct. 2227 (1995) (Rehnquist dissenting) (Rodriguez argued/won before the U.S. Supreme Court to reverse to USCA 4th Cir., to obtain the holding that there was a right to a common law evidentiary hearing before a jury on the alleged acts of government employees acts outside the scope of employment); See also Burnam v. West, 681 F. Supp. 1169, 1172 (E.D. Va. 1988).

(B) Grossly negligent conduct, McLenagan v. Karnes, 27 F.3d 1002 (4th Cir. 1994);

(c) intentional torts, Tomlin v. McKenzie, 251 Va. 478, 468 S.E.2d (1996); or,

(4) Acts characterized as bad faith, Tomlin v. McKenzie, 251 Va. 478, 468 S.E.2d 882 (1996).

Rodriguez under the Common Law is only required to prove that Respondents have acted outside the scope of legislative authority, judicial authority, or employment in violation of the VA Const, and VA Code.  Therefore the Circuit Court erred because there is no absolute immunity from equitable and injunctive relief for the acts in violation of the limitations and prohibitions under Art. I § 5 & 9 VA Const., Art. VI §§ 1, 5 & 7 VA Const., and, Art. XII § 1 VA Const.

  1. THE CIRCUIT COURT ERRED IN NOT EMPANELING A SPECIAL GRAND JURY TO INVESTIGATE AND REPORT ON THE EVIDENCE OF WILLFUL ACTS OUTSIDE OF LEGAL AUTHORITY. (Assignment of Error No. 2)

The record confirms that neither courts nor prosecutors have investigated Rodriguez’s criminal complaint (Plaintiff’s Ex. K filed with the Complaint).  But, as explained in U.S. v. Udzuela, 671 F.2d 995 (1982, Ill.),

Strictly speaking, the grand jury is a constitutional fixture in its own right, belonging to neither the executive nor the judicial branch, see United States v. Leverage Funding Systems, Inc., 637 F.2d 645 (9th Cir. 1980), cert. denied; United States v. Chanen, 549 F.2d 1306, 1312-13 (9th Cir.), cert. denied; Nixon v. Sirica, 487 F.2d 700, 712 n.54 (D.C.Cir.1973); In re April 1956 Term Grand Jury, 239 F.2d 263, 268-69 (7th Cir. 1956) (Emphasis added)

The Handbook for Virginia Grand Juries-City of Charlesville, explains that under the Common Law the Special Grand Jury serves as a quality control device on government, or more appropriately, serves as a (watchdog( against the wrongdoing. See Fairfax County Resolves (1774) (Developed the issues that led to the Declaration of Independence).

Under VA Code § 19.2-211, a Special Grand Jury is allowed to investigate wrongdoing and crimes, but not to indict.  Vihko v. Commonwealth, 393 S.E.2d 413 (VA.C. App 1990) (the evidence gathered by the Special Grand Jury is presented to the regular grand jury, which may indict).

Here the evidence is that both the Respondents and the Circuit Court have misinterpreted VA Code § 54.1‑3909 & 3910, to circumvent the prohibitions under Art. VI § 5 VA Const., and  VA Code § 54.1‑3915 (1950-2017) violate the 1932 Act’s decentralized attorney discipline system under VA Code § 54.1‑3935A (1950-2009).

This evidence confirms the ongoing violations of the VA Const., and VA Code, by the Class 2 & 6 felony VA Code §§ 18.2‑481 & 482 to, “[resist] the execution of the laws under color of authority,” and business conspiracy in violation of Va. Code § 18.2-499 & 500.

Under Va. Code §19.2-191 and § 19.2-206, a Special Grand Jury may be convened by the circuit court at any time upon the court’s own motion to investigate and report any condition which involves or tends to promote criminal activity.  Furthermore, the 2007 ed. of the Handbook for Virginia Grand Jurors at page 16, published by Office of the Executive Secretary of the Supreme Court of Virginia, states that ([a]ny Citizen . . . may ask the Circuit Court of a county to convene a Special Grand Jury. (  Therefore, a Circuit judge may impanel a Special Grand Jury to investigate a crime and malfeasance upon the request of a citizen of Virginia.  See 70-71 Va. AG 106A; See also 156 ALR 330.

Finally, under VA Code §§ 8.01-186 and 8.01-188 the Circuit Court was given the power to grant further relief “whenever necessary and proper,” this includes the ability to impanel a Jury or logically a Special Grand Jury–to investigate the Respondents violations of the Common Law, VA Const., VA Code, and the Void Ad Initio Doctrine.  Thus, the Circuit Court erred in permitting the Special Grand Jury to be captured by the Respondents.

III. THE CIRCUIT COURT ERRED BY VIOLATING THE VOID AB INITIO ORDER DOCTRINE RESTRICTION BY ITS USE OF RES JUDICATA.  (Assignment of Error No. 3)

 

It is a fundamental doctrine of due process under the common law, the VA. Const. VA Code, and the U.S. Const., that Rodriguez as the party affected must have his day before a validly constitutionally created impartial court and had an opportunity to a common law trial by a jury of the business conspiracy outside legal authority. Renaud v. Abbott, 116 US 277, 6 S Ct 1194 (1886).

But, the VSBDB and this Court have not issued a valid judgment by their violations of the VA Const., and VA Code limitations, prohibitions and protections of due process. Earle v. McVeigh, 91 US 503 (1876).  See also Restatements, Judgments 4(b).

In violation of the mandates of separation of power and due process under Marbury v. Madison, supra., Art. I §§ 5, 11 & 15 VA Const., and Art. VI §§ 1, 5 & 7 VA Const., VA Code § 54.1‑3915 (1950-2017), and VA Code § 54.1‑3935 (1950-2009) in 2006 the VSBDB issued an unlawful Void Ab Initio Order revoking Rodriguez’s license as an attorney for litigating to enforce his statutory rights.  Compounding this illegal act, this Court issued a void order affirming. However, Pennoyer v. Neff, 95 US 714, 733 (1877), holds that,

Since the adoption of the [VA Const.] and the Fourteenth Amendment to the Federal Constitution, the validity of void judgments may be directly questioned, and their enforcement in the State resisted, on the ground that proceedings in a court of justice to determine the personal rights and obligations of parties over whom that court has no jurisdiction do not constitute due process of law. . . . To give such proceedings any validity, there must be a tribunal competent by its constitution‑‑that is, by the law of its creation‑‑to pass upon the subject‑matter of the suit.” (Emphasis added)

But the record confirms this was never done (Plaintiff’s Exhibit G1).      All of the courts issued void order outside of their jurisdiction and constitutional authority in violation of the common law exception to the claim of sovereign immunity and the Void Ab Initio Order Doctrine to grant government employees and judges “impunity” for violations of the VA Const., and VA Code.  Court records confirm that all of the dismissals were for lack of venue “without prejudice,” or specifically “declined to rule on [Respondents] plea of res judicata,” or and did not address the allegations of a business conspiracy. Isidoro Rodriguez, Esq. v. Editor-in-Chief, Legal Times, et al., DC Dist. Ct. No 07-cv-0975 (PF), DC Ct. App. N. 07-5334enied US Sup Ct. 08-411(2008); see also,  injunction denied SC Ct. No. 07A601, cert. Isidoro Rodriguez, Esq. v. Hon. Hassell et al., Fairfax Circuit Court No. CL-2007-15396, VA S. Ct. No. 081146, cert. denied 08-574 (2008). See petitions for redress to the General Assembly (Plaintiff’s Exhibit D and I), Complaint to the Inter-American Commission on Human Rights (IACHR) (P-926-16), and a Petition with the United Nations Committee on Human Rights for the grant of “impunity” (see  http://www.isidororodriguez.com).

As explained in Collins v. Shepherd, 274 Va. 390 (2007) that held,

(An order that is void ab initio is a complete nullity that may be impeached directly or collaterally by all persons, at any time, or in any manner. ( (quoting Singh v. Mooney, supra.) Furthermore “[a]n order is void ab initio rather than merely voidable, if ‘the character of the judgment was not such as the court had the power to render, or because the mode of procedure employed by the court was such as it might not lawfully adopt'” (quoting Evans v. Smyth‑Wythe Airport Comm’n, 255 Va. 69, 73(1998); Morgan v. Russia and Triangle Assocs., L.L.C., 270 Va. 21, 26‑27 (2005).

The Circuit Court violated the Void Ab Initio Order Doctrine and the Common Law by its use of res judicata.

  1. THE CIRCUIT COURT ERRED IN GRANTING A DEMURE BASED ON LACK OF STANDING, MISNOMER, AND FAILURE TO STATE A CLAIM WHICH RELIEF MAY BE GRANTED. (Assignment of Error No. 4)
  2. Rodriguez has Standing

The Complaint is filed based upon the willful violation of the limitations and prohibitions under Art. I §§ 5, 11 & 15 VA Const, Art. VI §§ 1, 5, & 7 VA Const., Art. XII § 1 VA Const., and the Void Ab Initio Order Doctrine, as well as the particularized damage to Rodriguez’s business, reputation, profession and property rights.

Since 2003 Rodriguez was deprived of his fundamental right to his pro hoc vice law practice, reputation, profession, and property right in his Choate Virginia statutory Attorney’s Lien based the use of unconstitutional Court’s rules.  Since January 2017 the General Assembly enacted ex post facto VA Code § 54.1‑3935 (2017) to retroactively “conform” the statute to the unlawful court rules.

Thus, Rodriguez has standing as a citizen of Virginia and as an attorney injured by the VSBDB void ab initio order under the holding in Howell v. McAuliffe, 788 S.E.2d 706 (Va. 2016), where this Court held that citizens have standing if there is “sufficient interest” and “the parties will be actual adversaries.” Howell, 788 S.E.2d at 713 (quoting Cupp v. Bd. of Supervisors, 318 S.E.2d 407, 411 (Va. 1984)).

To claim standing Rodriguez need only “demonstrate a personal stake in the outcome of the controversy,” to assure a court, “that the issues will be fully and fairly developed.” Goldman v. Landsidle, 262 Va. 364, 371 (2001).

That standard is easily satisfied given the litigation record (Plaintiff’s Ex. G1 filed with the Complaint) and the evidence of the business conspiracy by the violation of legally protected interest mandated by the amending procedure under Art. XII § 1 VA Const., before the separation of power under Art. I § 5 & 9, and Art. VI §§ 1, 5, & 7 VA Const, can be altered between the General Assembly and the Supreme of Virginia.

Also, these injuries are “actual or imminent, not conjectural or hypothetical.” Id. at 460, and both concrete and particularized to Rodriguez given the systematic denial of access to Common Law trial by a jury of the evidence of the violation of the Void Ab Initio Order Doctrine in any Federal court based on the Hon J. Gibbons surreal nationwide prior restraint and injunction.  See Damian Stinnie et al., v. Richard D. Holcomb, in his capacity as the Commissioner of the Virginia Department of Motor Vehicles, Case No. 3:16-CV-00044 US Dist. Ct W.D. VA, Charlottesville (December 21, 2018) (Supplemental Authority filed with the Circuit Court on December 26, 2018).

  1. Misnomer

The Circuit Court dismisses based on “misnomer,” holding that Respondents could not be sued as entities in their respective constitutional titles, but rather must be sued as individuals. (Transcript page 32).

The VA Const., specifically name and empower the General Assembly (not the House of Delegates and Senate), the Governor, and the Court as constitutional entities under Art. I § 5, VI, ( 1, 5, and 7, and Art. XII § 1 VA Const.  Thus, the Circuit Court erred because:

First, the restrictions and the mandate of separation of power under Art. I § 5 VA Const. and Art. § 1, 5 & 7 VA Const. and logic is that the constitutional entities name, not in the individual’s designation of an office holder from 2003 to the present, are to be held accountable for constitutional violations.

The New York Court of Appeals held in Brown v. State, 674 N.E.2d 1129, 1144 (N.Y. 1996), that the entity, as well as the individual, are liable so to deter deprivations of state constitutional rights because no government can sustain itself when the law immunizes official violations of substantive rules leaving victims without any realistic remedy. As constitutional officers, the acts will be a violation of the oath of their respective duties of the office, and grounds for removal from office.  As explained in Clea v. Mayor and City Council of Maryland, 541 A.2d 1303 at 1314 (Md. 1988):

“To accord immunity to the responsible government officials, and leave an individual remediless when his constitutional rights are violated, would be inconsistent with the purpose of the constitutional provisions.”

Second, the evidence is that since 2003 it has been the constitutional entities, not just the individual that held office during the administrations of Governors Mark Warner, Tim Kaine, Bob McDonnell, Terry McAuliffe, and Ralph Northam – who have been involved in the business conspiracy to systemically violate the VA Const., VA Code, and the Void Ab Initio Order Doctrine.

Third, logic dictates that the action for the violation of the VA Const. and VA Code, be against the constitutional entities not restricted to the individual office holders.

Thus, the Circuit Court erred.

  1. Rodriguez has Stated a Cause of Action

The Void Ab Initio Order Doctrine holds that Rodriguez has a right to challenge and attacked in any court at any time, (directly or collaterally.( Rook v. Rook, 233 Va. 92, 95(1987). Thus, Rodriguez has stated a cause of action where relief is to be granted.

  1. THE CIRCUIT COURT ERRED IN HOLDING THAT THE GENERAL ASSEMBLY CANNOT BE SERVED UNDER VA CODE §§ 8.01-316(B) & 318 BY COURT-ORDERED PUBLICATION. (ASSIGNMENT OF ERROR NO. 5)

The General Assembly refused to answer or otherwise defend below-despite repeated notice by Circuit Court order of publication under VA Code § 8.01-318.

Under VA Code § 8.01-317 upon receipt of proof of publication” by the affidavit from the Washington Times on January 31, 2019, the clerk of court must enter a default against the Defaulted General Assembly before or on February 21, 2019. Once the clerk enters default, the Court must take as true the factual allegations in the Complaint for Declaratory Judgement. AME Fin. Corp. v. Kiritsis, 281 Va. 384, 392-93 (2011).  There is no exception to Chapter 8, Process requirements.

In Arizona Legislature v. Arizona Independent Redistricting Commission, 576 U.S. ___ (2015), the U.S. Supreme Court confirmed that as a constitutional entity a state legislature has the standing to sue, and logically be sued.  Thus, subject to service of process under VA Code by the Sheriff or by publication.

Thus, the Circuit Court erred in ordering that the General Assembly cannot be served by publication.

CONCLUSION

For the foregoing reasons, this Court should grant review to correct the errors of the Circuit Court.

Dated: May 2, 2019

Respectfully submitted,

Isidoro Rodríguez, Pro Per, Residence:  2671 Avenir Place, Apt. 2227, Vienna, Virginia 22180, (571) 477-5350/E-mail: business@isidororodriguez.com

 

ISIDORO RODRIGUEZ’S COMMENT (SPEAKER #31) AT THE PUBLIC FORUM ON JAN. 5, 2019 AT 0900hrs. TO THE NOVA GENERAL ASSEMBLY MEMBERS PRIOR TO THE 2019 SESSION

(The hearing was televised live on Fairfax County Television Channel 16 (Channel 1016 in HD on Cox; Channel 16 on Verizon or Comcast), and can also be viewed online through the Channel 16 stream.)

            Good Morning, I am Isidoro Rodriguez.  More than 55 years ago I took the oath to defend our constitutional system under our Republic against all enemies “foreign and domestic.”  That oath never expires.  Thus, I appear before you today not to ask for funds or any government largest, but demand that each of you abide by the oath you took for your office as a member of the General Assembly.

            In that context, my comment prior to all of you prior to the 2019 Session of the General Assembly of Virginia is to bring to the attention of each of you and the citizens of Virginia that each of you who were in office in February 2017 enacted an ex post facto VA Code § 54.1-3935 (2017) in violation of the mandate of separation or power by surreally “conform[ing] the statutory procedure” established in 1931 under VA Code § 54.1-3935 (1950) of a decentralized attorney discipline system to retroactively adopt unconstitutional 1998 Rules of Supreme Court of Virginia (“Court”) creating a centralized attorney discipline system to do away with independent attorneys.

            The evidence is that in February 2017 each of you, and in particular my representatives Senator Richard L. Saslaw and Delegate Marcus B. Simon-acted outside the “sphere of legitimate legislative activity” by violating your oath of office, violating the prohibition under Art. I § 9 VA Const. against ex-post facto law, violating the mandate of separation of power between the General Assembly and the Supreme Court of Virginia (“Court”) under Art. I § 5 VA Const., violating Art. VI § 1, 5, and 7 VA Const., and violating the amending procedure under XII § 1 VA Const.

            In summary:

            First, each of you refused to investigate my past petitions as to the Court’s the violation of the delegated rulemaking authority (See presentations to NOVA members of the General Assembly, https://t.co/sLv7pz3zD5 and https://www.youtube.com/watch?v=VAkEfjcA5sQ) (See also http://www.isidororodriguez.com complaint for the assertion of “impunity” for violation of the U.s. and Virginia constitutions filed with the Inter-American Commission on Human Rights (IACHR) (P-926-16), and the United Nations Committee on Human Rights Complaints), but rather each of you who were in office in February 2017 surreally voted to enact an ex post facto law to retroactively “conform the statutory procedure [under VA Code § 54.1‑3935 (1952)] for the disciplining of attorneys,” to the 1998 unconstitutional Court’s rules.

            Second, each of you who were in office in February 2017 usurped the exclusive amending power of the citizens of Virginia under XII § 1 VA Const. by enacting the ex post facto law expanding in violation of the mandate of separation of power-the Court’s authority retroactively by adopting the 1998 unconstitutional Court rules: (a) that unlawfully establish a centralized statewide attorney disciplinary system under the Court’s control; (b) that unlawfully created the Virginia State Bar Disciplinary Board (VSBDB”) as a lower court with judicial authority to discipline attorneys; and, (b) that unlawfully permitted the Court to appoint VSBDB members as lower court judges.

            Thus, irrespective of being Democrat, Republican or Independent, citizens must take action to assure the separation of power and an independent legal profession not controlled by the Court.  Citizens must compel the General Assembly during this 2019 Session to vacate the ex-post facto law (See www.isidororodriguez.com).[1]

            After that, citizens must take action to compel the General Assembly and the Court’s compliance with the limitations and prohibitions under the VA Const. and VA Code, or if the citizens determine to amend the separation of power established since 1789 under Va Const. between the Legislative and Judicial Branch, citizens can direct the General Assembly to begin the constitutional amending procedures under Art. XII § 1 VA Const.[2]

Date: January 5, 2019

Respectfully,

Isidoro Rodriguez

2671 Avenir Place, Apt 2227

Vienna, Virginia 22180

Mobile phone No. 571.477.5350

E-mail: busness@isidororodriguez.com

            [1] I note from 2010 thru 2017, each of you refused to inquire into my petitions and comments seeking an investigation of the Court’s defiance of the mandated decentralize statewide attorney disciplinary system under Art. IV §§ 1, 5, and 7 VA Const., and VA Code § 54.1‑3915 & § 54.1‑3935 (1952) by the Court’s issuance in 1998 of unconstitutional court rules in “clear absence of all [judicial authority and] jurisdiction” (https://www.youtube.com/watch?v=D9jBOJ34sa8&feature=youtu.be).  Thus, I have filed a Complaint for Declaratory Judgment (Isidoro Rodriguez v. General Assembly of the Commonwealth of Virginia, et al., Fairfax County Cir. Ct., Docket No. CL-2018-0016227, 11/14/2018), and a Petition for Writ of Mandamus (Isidoro Rodriguez v. Virginia State Bar Disciplinary Board, Fairfax County Cir. Ct., Docket No. CL-2018-0016433, 11/19/2018) to challenge the ex post facto law and seek a binding adjudication of my rights under the common law, VA Const. and VA Code by obtaining accountability for acts outside the sphere of legitimate legislative activity by the General Assembly, acts outside scope of employment by the Office of the Governor and Attorney General, and acts outside of judicial authority by the Supreme Court of Virginia et al., by a Class 2 felony VA Code§§ 18.2‑481 & 482 to “[resist] the execution of the laws under color of authority” by their business conspiracy to damage my law practice, reputation, profession, and property rights.

[2] However, I note and stress that it was Patrick Henry in 1988, as well as the other original drafter of the both the VA and U.S. Constitutions who mandated the separation of power, because they observed,

[p]ower is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny.” (Emphasis added)