Under common law, Article I, Bill of Rights, Section 11 of the VA Const.,[1] and the 7th Amendment to the U.S. Const., it is a fundamental right to a jury trial-not to a judge-which determined whether government officers, including judges, were to be held accountable in either civil or criminal jury trials for misbehavior.

Both the U.S. Const. and VA Const. confirmed an absolute right to civil jury trial of the evidence of malfeasance.[2] See Ames E. Pfander, Federal Courts, Jurisdiction-Stripping and the Supreme Court’s Power to Supervise Inferior Tribunals, 78 Tex. L. Rev. 1433 (2000).[3]

Thus, there never was absolute judicial and ministerial immunity for acts outside of the scope of employment, jurisdiction, and judicial authority, but more importantly, the factual issues were to be decided by a jury hearing the evidence, see Martinez v. Lamagno and DEA, 515 U.S. 417 (1995).  Therefore, an action will lie for unlawful malfeasance and the business conspiracy to issue and enforce the void ab initio orders issued as part of an illegal enterprise.

                [1] Article I, Bill of Rights, Section 11. Due process of law; obligation of contracts; taking or damaging of private property; prohibited discrimination; jury trial in civil cases.

That no person shall be deprived of his . . .property without due process of law; that the General Assembly shall not pass any law impairing the obligation of contracts; . . ..

That in controversies respecting property, and in suits between man and man, trial by jury is preferable to any other, and ought to be held sacred. . ..

[2] As Thomas Jefferson wrote in a letter to Thomas Paine in 1789: “I consider trial by jury as the only anchor ever yet imagined by men, by which the government can be held to the principles of its constitution.” (Emphasis added)

                [3] See Justice John F. Molloy, The Fraternity: Lawyers and Judges in Collusion, Paragon House (2004).  “When a lawyer puts on a robe and takes the bench, he or she is called a judge. But in reality, when judges look down from the bench they are lawyers looking upon fellow members of their fraternity. In any other area of the free-enterprise system, this would be seen as a conflict of interest.  When a lawyer takes an oath as a judge, it merely enhances the ruling class of lawyers and judges. . .. How can they be expected not to be beholden to those who elevated them to the bench?  When they leave the bench, many return to large and successful law firms that leverage their names and relationships.”