THE COMMONWEALTH OF VIRGINIA:
IN THE CIRCUIT COURT OF FAIRFAX COUNTY
________________________________________________ Case No. CL-2018-0016227
Isidoro Rodriguez :
Plaintiff Pro per, :
The General Assembly of the :
Commonwealth of Virginia, et al., :
MOTION TO IMPANEL SPECIAL GRAND JURY
Pursuant VA Code 19.2-191(2) ‘ 19.2-206(A)(I), and ‘ 19.2-211, as well as VA Code § 8.01-184, § 9.01-186, § 8.01-188, and VA Code § 18.2 500B, Plaintiff Isidoro Rodriguez (“Rodriguez”), moves the Circuit Court to impanel a Special Grand Jury, and provide appropriate specialized personnel to investigate and report on the allegations and evidence of a Class 2 felony in violation of VA Code §§ 18.2 481 & 482 and VA Code § 18.2 499, to “[resist] the execution of the laws under color of authority” by a business conspiracy to injure Rodriguez’s business, reputation, profession, and property for litigating to enforce statutory rights. The evidence confirms the willful defiance of the limitation and prohibitions under Art. 1 §§ 5, 9, 11 & 15, Art. VI §§ 1, 5, & 7, and Art. XII § 1 of the Constitution of the Commonwealth of Virginia (VA Const.) to circumvent the mandate of separation of power and the process to amend the VA Const.:
(i) By the General Assembly of Virginia’s (“General Assembly”) violation of Art. I § 1, 5 & 9 VA Const. prohibitions on ex post facto legislation by changing the decentralize statewide attorney disciplinary system established since 1932 under VA Code § 54.1 3935 (2009) (Plaintiff’s Ex. A), by enacting VA Code § 54.1 3935 (2017) (Plaintiff’s Ex. J) to unconstitutionally delegate legislative authority to the Court to retroactively “[c]onform the statutory procedure for the disciplining of attorneys” instituted since 1932, by adopting in 2017 Supreme Court of Virginia (“Court”) Rule Part 6, § IV, 13-6 issued in 1998 (Plaintiff’s Exhibit C);
(ii) By the General Assembly’s violation of Art. VI § 1, 5 & 7 and XII § 1 VA Const. amending process by adopting retroactively in 2017 Court Rule Part 6, § IV, 13-6 issued in 1998: (a) to establish a centralized statewide attorney disciplinary system; (b) to establish Defendant Virginia State Bar Disciplinary Board (“VSBDB”) as a lower court with judicial authority to discipline attorneys; and, (c) adopting the Court’s appointment of VSBDB members as judges; and,
(iii) By the General Assembly, Court, VSBDB’s violation of the right to due process under Art. I § 11 & 15 VA Const. and the Void Ab Initio Order Doctrine,
Under Art. XII § 1 VA Const. the citizens of Virginia reserved to themselves the power to amend the separation of power under Art. VI § 1, 5 & 7 VA Const. between the Legislative and Judicial Branch. Thus, consistent with the original constitutional draftsmen open distrust of the motive of individuals in government generally, and the Court specifically, the citizens of Virginia gave power only the General Assembly to enact legislation to give judicial authority, to establish “courts,” and to appoint “judges.” This constitutional power cannot be delegated to the Court. Furthermore, the citizens of Virginia ratified Art. VI § 5 VA Const., to prohibit the Court from issuing rules either inconsistent with VA Code §§ 54-1-3935(A) (1932 to 2009) (Plaintiff’s Exhibit A) or to exceed the scope of the authority delegated by the General Assembly, VA Code §§ 54-1-3915 (1950-1988) (the Court cannot legislate).
VA Code § 54.1 3935 (2017) (Plaintiff’s Ex. J) cannot be circumvent the above restrictions on the Court’s power by retroactively adopting in 2017 the 1998 Court’s unconstitutional rules creating a centralized attorney disciplinary system under the Court’s control, creating the VSBDB as a lower court, and appointing VSBDB members as judges. See, e.g., Brown v. United Airlines, Inc., 34 Va. App. 273, 276, 540 S.E.2d 521, 522 (2001) (legislative enactment which delegates to authority to adopt rules does not permit adoption of inconsistent and illegal rules or regulations).
Because VA Code § 54.1 3935 (2017) (Plaintiff’s Ex. J1, J2, J3) retroactively adopted Court rules issued in 1998 to “[resist] the execution of the laws under color of authority” by an ex-post facto delegation of legislative authority in violation of constitutional restrictions it is unconstitutional and void.
The Circuit Court must impanel a Special Grand Jury to investigate: first, the violations of Art. I § 5 & 9, Art. VI, §§ 1, 5, & 7, and Art. XII § 1 VA Const., as well as VA Code §§ 54.1 3915 & 3935 (1950), to resist “the execution of the laws under color of authority” VA Code §§ 18.2 481 & 482; and, second, the business conspiracy in violation of VA Code §§ 18.2 499 & 500.
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Vienna, Virginia 22180
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