• AMENDED VERIFIED PETITION FOR WRIT OF MANDAMUS AND PROHIBITION TO THE VIRGINIA STATE BAR DISCIPLINARY BOARD
  • Challenging on going violations of VA Const. and VA Code during 10 min. argument to the Chief Justice of the Supreme Court of Virginia and Panel: Isidoro Rodriguez vs. The Virginia State Bar Disciplinary Board (No 191136).
  • EMAIL 03/21/2021-TO GROUPS IN SUPPORT OF SECURING JUDICIAL BRANCH ACCOUNTABLITY FOR CRIMINAL ACTS TO VIOLATE U.S. REPUBLIC SYSTEM OF GOVERNMENT
  • ISIDORO RODRIGUEZ’S STATEMENT IN SUPPORT HIS BEING THE 2019 REPUBLICAN CANDIDATE FOR THE VIRGINIA GENERAL ASSEMBLY SENATE DISTRICT 035 SEAT
    • 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.
  • MEMORANDUM OF LAW IN SUPPORT OF LITIGATION FOR THE GENERAL ASSEMBLY OF VIRGINIA ET AL., RETROACTIVE ADOPTING IN 2017 THE SUPREME COURT OF VIRGINIA’S UNCONSTITUTIONAL COURT RULES ISSUED IN 1998
  • Motion For Preliminary/Permanent Injunction Of Va Code § 54.1 3935 (2017) And Va Code § 8.01-223.2 (2017), Filed in Isidoro Rodriguez v. Virginia State Bar Disciplinary Board, SCOTUS Docket No. 20-25
  • MOTION TO ENPANEL A SPECIAL GRAND JURY FOR 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”
  • NOTICE OF FILING OF A COMPLAINT AGAINST THE GENERAL ASSEMBLY OF VIRGINIA ET AL., FOR VIOLATION OF THE COMMON LAW BY ENACTMENT OF EX POST FACTO LEGISLATION IN 2017 TO RETROACTIVELY ADAPT UNCONSTITUTIONAL SUPREME COURT OF VIRGINIA RULES ISSUED IN 1998
  • 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
  • Petition for Congressional Investigation of Government Attorneys, Employees, and Justices/Judges Self-proclaimed Impunity and Absolute Immunity from Accountability for Misprision of Felony in violation of 18 U.S. §§ 241 & 242 and VA Code §§ 18.2 481 & 482.
    • PRESS RELEASE: SUIT AGAINST GOV’T ATTORNEYS AND JUDGES FOR VIOLATION OF THE VIRGINIA CONSTITUTION
  • Petition for Oversight Investigation of Government Employees, including Attorneys, Judges, and Justices for their Misprision of Felony and their Self-proclaimed Impunity and Absolute Immunity from Accountability.
  • PUBLIC ANNOUNCEMENT

Systemic Denial of Access to an Impartial Court and Trial by Jury by the Virigina and Federal Judical Branches for Act Outside their Judicial Authority

~ Separation of power, Judicial accountability for unlawful acts, treason, malfeasance, Void Ab Initio Order Doctrine

Systemic Denial of Access to an Impartial Court and Trial by Jury by the Virigina and Federal Judical Branches for Act Outside their Judicial Authority

Category Archives: Fairfax County Criminal Complaint for misprison of felony to violate VA Const and VA Code

NOTICE OF FILING OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF PETITION FOR DECLARATORY JUDGEMENT AND PRELIMINARY/ PERMANENT INJUNCTION

28 Friday Dec 2018

Posted by Isidoro Rodriguez in Accountability for violation of Separation of Power, Denial of access to impartial court, Fairfax County Criminal Complaint for misprison of felony to violate VA Const and VA Code, Impunity in violation of the Common Law, Uncategorized

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            The undersign Plaintiff at this moment provides in support of Complaint for Declaratory Judgment under VA Code §§ 8.01-184 et seq. the following supplemental authority:[1]

The Honorable Senior United States District JUDGE NORMAN K. MOON, Memorandum Opinion, and Order Granting a Preliminary Injunction Order of Injunction Unconstitutional VA Code, in Damian Stinnie, et al., v. Richard D. Holcomb, in his capacity as the Commissioner of the Virginia Department of Moter Vehicles, Case No. 3:16-CV-00044 United State District Court for the Western District of Virginia, Charlottesville Division (December 21, 2018).

            Regarding the granting of a Declaratory Judgement and a preliminary injunction in the instant action to enjoin an unconstitutional ex post facto and retroactive provision of the Virginia Code, the opinion and order of the Hon. Senior District Judge Norman K Moon which is on point and relevant in the instant action to be considered by the Circuit Court.  This supplemental authority governs the issuance of an injunction based upon the controlling precedent of the four-part test under Winter v. Nat. Resources Def. Council, Inc., 555 U.S. 7 (2008) and Centro Tepeyac v. Montgomery Cty., 722 F.3d 184, 188 (4th Cir. 2013).

            As a benchmark for the Circuit Court of the Complaint for Declaratory Judgemwent and the Motion for Injuction to be heard on January 4, 2019 at 0830, the Hon. Senior Judge Norman K Moon wrote at page 22 of in his Memorandum Opinion:

Other Winter Factors

The remaining factors governing a request for a preliminary injunction—irreparable harm, the balance of equities, and the public interest—weigh in favor of Plaintiffs. First, where Plaintiffs’ constitutional rights are being violated, there is a presumption of irreparable harm. Davis v. District of Columbia, 158 F.3d 1342, 1343 (4th Cir. 1998) (citing Ross v. Meese, 818 F.2d 1132, 1135 (4th Cir. 1987)) …. As for the remaining factors, the balancing of the equities and public interest, Fourth Circuit precedent “counsels that ‘a state is in no way harmed by issuance of a preliminary injunction which prevents the state from enforcing restrictions likely to be found unconstitutional. If anything, the system is improved by such an injunction.’” Centro Tepeyac v. Montgomery Cty., 722 F.3d 184, 191 (4th Cir. 2013) (citing Giovani Carandola, Ltd. v. Bason, 303 F.3d 507, 521 (4th Cir. 2002)). (Emphasis added)

[1] Isidoro Rodriguez v. General Assembly of the Commonwealth of Virginia, et al., Fairfax County Circuit Court, Docket No. CL-2018-0016227, filed November 14, 2018.  Affidavit to serve on the by publication filed on 12/19/18.

Respectfully submitted,

Isidoro Rodríguez

Residence:  2671 Avenir Place, Apt. 2227

Vienna, Virginia 22180

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

NOTICE OF FILING OF A COMPLAINT FOR THE RETROACTIVE ADOPTION IN 2017 OF SUP. CT VA UNCONSTITUTIONAL COURT RULES PROMULGATED IN 1998

20 Tuesday Nov 2018

Posted by Isidoro Rodriguez in Accountability for violation of Separation of Power, Denial of access to impartial court, DEnial of right to civil trial by jury, Fairfax County Criminal Complaint for misprison of felony to violate VA Const and VA Code

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Tags

Accountability, Limitation under VA Const., separation of power

The General Assembly of the Commonwealth of Virginia (“General Assembly”), the Supreme Court of Virginia (“Court”), the Office of the Governor of Virginia (“Governor”), the Attorney General of Virginia (“VA AG”), and the Virginia State Bar Disciplinary Board (“VSBDB”) were sued on November 14 and 19, 2018.  Respectively a Complaint for Declaratory Judgment[1] and Petition for Writ of Mandamus[2] were filed under the Common Law and VA Code for acts outside scope of employment of government attorneys, for acts outside the sphere of legitimate legislative activity, and for acts outside of judicial authority by a Class 2 felony  to “[resist] the execution of the laws under color of authority” in violation of VA Code §§ 18.2‑481 & 482 and business conspiracy, evidenced by the:

  • General Assembly’s collusion outside “the sphere of legitimate legislative activity,” Tenney v. Brandhove, 341 U.S. 367 at 376 (1951) in violation of the prohibition under Art. I § 1, 5 & 9 VA Const. of ex-post facto legislation in 2017 to retroactively “conform the statutory procedure [under VA Code § 54.1‑3935 (2017)] for the disciplining of attorneys”  to the 1998 unconstitutional Supreme Court of Virginia Rule Part 6, § § IV, 13-6;
  • General Assembly’s collusion outside the ‘the sphere of legitimate legislative activity” supra., by violating the citizens’ exclusive power to amend the VA Const. under Art. XII § 1 VA Const. and by violating the citizens’ the mandate of separation of power under Art. VI § 1, 5 & 7 VA Const., to retroactively change the decentralize statewide attorney disciplinary system that was established in 1932 in the Commonwealth under VA Code § 54.1‑3935 (1998), by unlawfully delegating legislative authority given by the citizens of Virginia by adopting in 2017 unconstitutional Court Rule Part 6, § IV, 13-6, issued in “clear absence of all jurisdiction.” Bradley v. Fisher, 13 Wall. 335, 80 U. S. 351. Pp. 435 U. S. 355-357; Johnston v. Moorman, 80 Va. 131, 142 (1885); Stump v. Sparkman, 435 U.S. 349 (1978),[3] thereby obfuscating the Court’s unlawful rules: (a) establishing a centralized statewide attorney disciplinary system under the Court’s control; (b) establishing the VSBDB as a lower court with judicial authority to discipline attorneys; and, (c) appointing VSBDB members as judges; and,
  • the VSBDB, the VA AG and the Court’s from 2003 to the present self-proclaiming  “impunity” from accountability for the unconstitutional violations of Art. VI § 1, 5 & 7 VA Const. (See 2016 Petition to Inter-American Commission on Human Rights (IACHR) (P-926-16 IACHR Petition) (2017 United Nations Complaint to the  Committee on Human Rights, and Memorandum in Support of UN Complaint) (See also presentations to NOVA members of the General Assembly, https://t.co/sLv7pz3zD5 and  https://www.youtube.com/watch?v=VAkEfjcA5sQ,).

Isidoro Rodriguez, 2671 Avenir Place, Apt 2227, Vienna, Virginia 22180

Mobile phone No. 571.477.5350; E-mail: busness@isidororodriguez.com

                [1] See Isidoro Rodriguez v. General Assembly of the Commonwealth of Virginia et al., Fairfax Cir. Ct. CL-2018-0016227, 11/14/198, Complaint for Declaratory Judgement, Plaintiff’s Exhibits A through M, and filed Motions.

                [2] See Isidoro Rodriguez v. Virginia State Bar Disciplinary Board, Fairfax Cir. Ct. CL-2018-0016433, 11/19/198, Petition for Writ of Mandamus.

                [3] In Marbury v. Madison, 1 Crunch 137, 140 (1803), the U.S. Supreme Court 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 that an entity that has neither constitutional authority, nor legal power, nor jurisdiction to render any order, said order is void ab initio as a complete nullity from its issuance and may be impeached directly or collaterally at any time, or in any manner. See, 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).

38.880663 -77.229093

Request to Fairfax County Police and County Attorney for the Investigation, Arrest, Indictment, and Prosecution for misprision of a felony to violate Art VI of VA Const. and VA Code

06 Wednesday Jun 2018

Posted by Isidoro Rodriguez in Fairfax County Criminal Complaint for misprison of felony to violate VA Const and VA Code

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May 17, 2017

Colonel Edwin C. Roessler Jr. Commonwealth Attorney Raymond F. Morrogh
Chief of Police Fairfax County Virginia
Fairfax County Jennings Building Judicial Center
4100 Chain Bridge Rd. 4110 Chain Bridge Rd. #123
Fairfax, VA 22030 Fairfax, VA 22030

Re: Request for the Investigation, Arrest, Indictment, and Prosecution for misprision of a felony B2.Petition VA Gen Ass December 12 2017

Greetings,

In support of the attach Petition filed with members of the General Assembly of Virginia for an Oversight Investigation (Complaints Exhibit 1), I request that the Fairfax County Police Investigate and the Fairfax Commonwealth Attorney arrest, indict and prosecute government attorneys, employees, and Justices/Judges for complicity in a business conspiracy and misprision of a felony in violation of VA Code §§ 18.2 481 & 482, and 18.2 499 & 500.

Said government attorneys, employees, and Justices/Judges have deprived the Undersigned Attorney of his right to due process under Article I of the Constitution of the Commonwealth of Virginia and the 5th, 7th & 14th Amendments to the U.S. Constitution by systematically denying access to an impartial court and civil trial by jury to prevent the securing of accountability, including monetary damages, for the ongoing violations of the prohibitions under Art. VI §§ 1, 5, & 7 of the Constitution of Virginia, and VA Code § 54-1-3915 & 54.1 3935, and the Void Ab Initio Order Doctrine. This complicity to violate Virginia’s constitutional prohibitions has been compounded by the refusal to investigate the issuance of unlawful court rules of the Supreme Court of Virginia and take legislative by my elected representatives, including Democrat Senators/former VA Governors Mark R. Warner and Tim Kaine, Congressman Gerry Connelly, Democrat former VA Governor Terry McAuliffe, Democrat VA Governor Ralph S. Northam, Democrat VA Senator Richard L. Saslaw, and the other Democrat NOVA General Assembly members (see (https://www.youtube.com/watch?v=VAkEfjcA5sQ) and, (https://www.change.org/p/u-s-house-of-representatives-holding-government-attorneys-and-employees-including-judges-accountable).

Query, “[t]o what purpose are court’s powers limited, and to what purpose are a limitation in writing on the court if these limitations may, at any time, be passed over and ignored by the courts who are intended to be restrained, controlled and limited?” [Chief Justice Marshall, in Marbury v. Madison, 5 U.S. (1 Cranch) at 176 (1803)]. I am not delusional for more than 200 years ago, Virginian James Madison wrote that it is a clear and present danger to the Rule of Law, when, “[there has been an] 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.” Federalist No. 48, Feb. 1, 1788. This is because, “[t]here is no crueler tyranny than that which is exercised under cover of law, and with the colors of justice,” U.S. vs. Jannottie, 673 F.2d 578, 614 (3d Cir. 1982).

The Undersign Attorney alleges that the evidence confirms that the motive for the business conspiracy and misprision of a felony was in retaliation for the past 28 years of successful civil litigation as an independent Virginia attorney, including prevailing before the United States Supreme Court in Katia Gutierrez de Martínez v. Lamagno and DEA, 115 S.Ct. 2227 (1995) (remand for an evidentiary hearing before a jury for employee accountability for acts outside of the “scope of employment” not within the Federal Torts Claim Act), against the pattern and practice of former Attorney General Eric Holder during the Obama Administrations to use legal sophistry to not hold government employees, including attorneys, judges, and judges accountable for acts outside the scope of employment, jurisdiction, and judicial authority. If the vaunted rule of law can be disregarded as evidenced here by self-proclaiming “impunity” for government attorneys and jurists for using unlawful court rules and other felonies, then clearly, our Republic will not long survive the unbridled tyranny of a judiciary in collusion with government attorneys to place themselves above and beyond the law (See http://www.liamsdad.org/others/isidoro.shtml).

Consequently, the attach Petition is my Statement of Probable Cause and will serve to draft a Criminal Complaint. Knowledge of the crime of misprision of a felony, and the jurisdiction to pursue those responsible imposes upon you, the legal obligation to do so.

I also request that as a victim of the alleged crimes I am kept informed of the status of the investigation as required under crime victim law.

Respectfully,

Isidoro Rodriguez

cc: The Honorable Ralph S. Northam The Hon. Delegate M. Kirkland Cox
Governor of the Commonwealth of Virginia General Assembly Building, Room 607
P.O. Box 1475 P.O. Box 406
Richmond, VA 23218 Richmond, Virginia 23218

The Hon. Richard L. Saslaw Senator Mark D. Obenshain
P.O. Box 1856 P.O. Box 555
Springfield, Virginia 22151-0856 Harrisonburg, Virginia 22803

Delegate Marcus B. Simon Delegate Robert B. Bell
P.O. Box 958 General Assembly Building, Room 801
Falls Church, VA 22040 P.O. Box 406
Richmond, Virginia 23218
1. VA Code §§ 18.2 481 & 482, defines “misprision of a felony” as “[r]esisting the execution of the laws under color of authority,” and makes it a Class 2 felony to which there is neither “impunity” nor absolute immunity for said acts outside of the scope of employment, judicial authority and jurisdiction.
2. Pursuant to the holding in Marbury v. Madison, 5 U.S. 137, 1 Cranch 137; 2 L. Ed. 60; 1803 U.S. LEXIS 352 (1803), the Void Ab Initio Order Doctrine mandates that when an entity does not have either constitutional authority, or legal power, or jurisdiction to render any act or order, said act or order is void ab initio—it therefore is neither lawful nor subject stare decisis/res judicata or enforcement because said act or order is a complete nullity from its issuance, and may be impeached directly or collaterally by all persons, at any time, or in any manner. See, 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).
3. Senator Daniel Webster noted, “[t]here can be no office in which the sense of responsibility is more necessary than in that of a judge; especially of those judges who pass, in the last resort, on the lives, liberty, and property of every man. The judiciary power, on the other hand, acts directly on individuals. The injured may suffer without sympathy or the hope of redress. The last hope of the innocent, under accusation and in distress, is in the integrity of his judges. If this fail, all fails, and there is no remedy on this side the bar of Heaven.” Daniel Webster, The Writings and Speeches of Daniel Webster, (Boston: Little, Brown, & Co., 1851), Vol. III, pp. 6 7.

38.901223 -77.265260

SUPREME COURT OF VIRGINIA’S COURT RULES VIOLATING THE CONSTITUTION OF VIRGINIA, VA CODE, THE VOID AB INITIO ORDER DOCTRINE, AND THE MANDATE OF DUE PROCESS UNDER 5TH AND 14TH AMEND TO U.S. CONSTITUTION.

07 Sunday Jan 2018

Posted by Isidoro Rodriguez in Accountability for violation of Separation of Power, Denial of access to impartial court, DEnial of right to civil trial by jury, Fairfax County Criminal Complaint for misprison of felony to violate VA Const and VA Code, Uncategorized

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Dear Senator and Delegate of the General Assembly of Virginia,

            The above issue concerns every citizen of Virginia’s right to secure access to an independent legal profession, right to an impartial court, and right to a civil jury trial to hold accountable government attorneys, employees, and judges for unlawful acts outside the scope of employment, jurisdiction, and judicial authority.  Thus, I am following my recent presentation to NOVA member of the General Assembly at Fairfax Government Center on January 6, 2018, to file the attach Petition with every Senator and Delegate irrespective of the district, political party or affiliation.

An investigation and hearing are requested as part of your 2018 review of the budget for the Judicial Branch.  This is based upon the evidence that the Supreme Court of Virginia (“Court”) has issued and is using illegal Rules of Part 6, § IV, in defiance of its delegated authority from the General Assembly, and in clear violation of the explicit limitations and prohibitions on the Court under Art. VI §§ 1 5, and 7 of the Constitution of Virginia (VA Const.”), and VA Code § 54-1-3915 & 54.1‑3935, the Void Ab Initio Order Doctrine, and, the mandate of due process under Art. I of the Constitution of Virginia, and the 5th & 14th Amendments to the U.S. Constitution.

The questions to be investigated and answered are: (a) pursuant to what authority did the Court have to issue rules establishing it creating the Virginia State Bar Disciplinary Board (“VSBDB”) as a lower “court” with jurisdiction and judicial authority to discipline attorneys?; (b) pursuant to what authority did the Court have to issue rules permitting it to choose\appoint VSBDB members as “judges”?; (c) pursuant to what authority did the Court have to defy the General Assembly’s a decentralized attorney discipline system established pursuant to VA Code §§ 54-1-3915 and 3935, by the Court’s use of court rules to create under its control a centralized attorney discipline system?; and, (d) pursuant to what authority did the Court have to grant itself, lower court judges, government attorneys, and employees, “impunity” and absolute immunity for unlawful “resisting the execution of the laws under color of authority” in violation of VA Code §§ 18.2‑481 & 482? (See Isidoro Rodriguez, Esq. v. Hon. Leroy Rountree Hassell, Sr., et al., No. 081146 (2008); Fairfax Cir Ct. No CL-2007-1796; see also  http://www.isidororodriguez.com).

Query, “to what purpose are [the Court’s] powers limited, and to what purpose are those limitation in writing [on the Court], if these limitations may, at any time, be passed over and ignored by [the Court who is] intended to be restrained, controlled and limited?” [Chief Justice Marshall, in Marbury v. Madison, 5 U.S. (1 Cranch) at 176 (1803)].

Respectfully,

Isidoro Rodriguez

P.S. Note: I file this Petition with the General Assembly due to my elected representatives [Sen. Richard L. Saslaw (Dem.), and Del. Marcus B. Simon (Dem.)], failure to investigate these unlawful acts of malfeasance (See Fairfax County Judicial Center presentation (http://t.co/sLv7pz3zD5).

______________________________________________________

PETITION FOR AN INVESTIGATION AND HEARING ON THE CRIMINAL COMPLICITY TO USE ILLEGAL COURT RULES TO CREATE AN UNLAWFUL LOWER “COURT” AND TO UNLAWFULLY NAME “JUDGES” IN VIOLATION OF THE LIMITATIONS AND PROHIBITIONS OF ART. VI OF THE VIRGINIA CONSTITUTION, VA CODE, THE U.S. CONSTITUTION, AND THE VOID AB INITIO ORDER DOCTRINE.

The Petition seeks to stop the issuance and use of the illegal Rules of the Supreme Court of Virginia (“Court”) Part 6, § IV, that unlawfully established a centralized attorney discipline system under the Court’s control by it creating the Virginia State Bar Disciplinary Board (“VSBDB”) as an unlawful lower “court” with jurisdiction and judicial authority to discipline attorneys, and it unlawfully appointing VSBDB members as “judges.”  These unlawful rules are in clear violation of the explicit limitations and prohibitions on the Court under Art. VI §§ 1,[1] 5,[2] and 7[3] of the Constitution of Virginia (VA Const.”), and VA Code § 54-1-3915[4] & 54.1‑3935,[5] the Void Ab Initio Order Doctrine, [6] and, the 5th, 7th, and 14th Amendments to the U.S. Constitution.

The question to be addressed by the members of the General Assembly in response to this Petition is,

“to what purpose are [the Court’s] powers limited, and to what purpose are those limitation in writing [on the Court], if these limitations may, at any time, be passed over and ignored by [the Court who is] intended to be restrained, controlled and limited?” in Marbury v. Madison, 5 U.S. (1 Cranch) at 176 (1803) [Chief Justice Marshall writing for the majority].

But, irrefutable the evidence confirms a willful violation of the limitation and prohibition on the Court under Art. VI, §§ 1, 5, & 7 of the VA Const., VA Code §§ 54.1‑3909, 3915, & 3935,[7] by the Court unlawfully issuing and using court rules to establish a centralized attorney disciplinary system under the Court’s control.  The Court has obfuscated and assumed away the decentralized attorney disciplinary system established by the General Assembly under VA Code § 54.1‑3935.[8]

Compounding the Court’s willfully defiance of the limitations and provisions under the VA Const. and VA Code, the evidence confirms the complicity of the Court the Fairfax County Court and Court of Appeals, the Virginia State Bar, the VSBDB, and the Office of Attorney General of Virginia’s violation of VA Code §§ 18.2‑481 & 482,[9] to “resist the execution of the laws under color of authority,” and in violation of VA Code §§ 18.2‑499/500 participation in a business conspiracy.[10] The evidence confirms that these entities and individual have used legal sophistry and misused the judicially created doctrine of stare decisis/res judicata to surreally use the VSBDB void ab initio order to disbar and deprive the undersigned of his right to of due process and his statutory property rights, and then grant themselves “impunity” and absolute immunity from accountability said illegal acts (See Isidoro Rodriguez v. Hon. Leroy Rountree Hassell, Sr., et al., No. 081146 (2008); Fairfax Cir Ct. No CL-2007-1796), by:

First, violating Art. VI §§ 1 and 7 of the VA Const., to not stop the VSBDB acting as a lower “court” with jurisdiction and judicial authority to discipline attorneys, not stop the Court from choosing/appointing the 21 members of the VSBDB as “judges,” and not stop the defying of the limitation on the Virginia State Bar to only the investigation of bar complaints; and,

Second, violating VA Const., VA Code, U.S. Const., and the Void Ab Initio Order Doctrine by arguing for the unlawful use of the VSBDB void ab initio orders to disbar the undersign from federal practice before the U. S. Supreme Court, the U. S. Court of Appeal for the 2nd, 3rd, 4th, 11th, D.C. and Federal Circuits, the U. S. Dist. Court for the E.D. of Virginia, and U.S. Tax Court; and, arguing for the systematic denying to the undersign access to an impartial court and jury trial by enjoining and prior restraining the undersigns from litigating to challenge the VSBDB void ab initio orders, business conspiracy, and other unlawful acts. (See unpublished void orders of Hon. Dist. Judge John A. Gibney and 4th Cir. USCA Isidoro Rodriguez v. John/Jane Doe of the VSBDB, et al., EDVA No. 3:12-cv-00663 (2013)(https://casetext.com/case/rodriguez-v-doe-5) and (https://www.gpo.gov/fdsys/pkg/USCOURTS-ca4-13-01638/pdf/USCOURTS-ca4-13-01638-0.pdf).[11]

Thus, the Petition seeks to protect the undersigns due process and statutory property rights by a finding that the VSBDB void ab initio order unlawfully disbarred the undersign for litigating to enforce Virginia statutory rights (See http://www.vsb.org/docs/Final_Order_Rodr_11-28-06.pdf).  Also, the Petition seeks to protect the rights of all citizens of Virginia from the issuance and use of illegal court rules that has deprived citizens of Virginia of pro hoc vice litigators independent of the dominance of the Judicial Branch,[12] has systematically denied citizens of access to an impartial court, and been used to deny citizens of their right to civil jury trial of the evidence of unlawful criminal and tortious acts by government attorneys, employees, and judges accountable.[13]

Consequently, based on President Theodore Roosevelt’s statement that, “[n]o man is above the law and no man is below it: nor do we ask any man’s permission when we ask him to obey it,” the General Assembly must initiate an investigation and hearing of these unlawful acts in willful violation of VA Const., VA Code, the Void Ab Initio Order Doctrine, VA Code §§ 18.2‑499/500, and §§ 18.2‑481/482, by the Court, the Court the Fairfax County Court and Court of Appeals, the Virginia State Bar, the VSBDB, and the Office of Attorney General of Virginia.

Respectfully submitted,

         Isidoro Rodríguez 

Residence:  2671 Avenir Place, Apt. 2227

Vienna, Virginia 22180

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

[1] Article VI, § 1. Judicial power; jurisdiction, states in relevant part that judicial power in Virginia shall be vested in the Court, and, “in such other courts of original or appellate jurisdiction subordinate to the Supreme Court as the General Assembly may from time to time establish.” (Emphasis added)

[2] Article VI, § 5, states in relevant part that the Court shall have the authority to make rules, “but such rules shall not be in conflict with the general law” enacted by the General Assembly. (Emphasis added).

[3] Article VI, § 7, states in relevant part that justices of the Court, and, “all other courts of record shall be chosen by . . .  the General Assembly. . .. (Emphasis added)

[4] VA Code § 54.1‑3915, states in relevant part that the Court shall not issue rules that, “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)

[5] VA. Code § 54.1‑3935. 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 . . . [it] shall be returnable to the Circuit Court of the City of Richmond….

                [6] The Void Ab Initio Order Doctrine, mandates that when an entity does not have either constitutional authority, or legal power, or jurisdiction to render any act or order, said act or order is void ab initio—therefore not lawful and not subject stare decisis/res judicata or enforcement because said act or order is a complete nullity from its issuance, and may be impeached directly or collaterally by all persons, at any time, or in any manner. See, 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); and Marbury v. Madison, 5 U.S. 137, 1 Cranch 137; 2 L. Ed. 60; 1803 U.S. LEXIS 352 (1803).

                [7] The General Assembly enacted this Code section to assist the Judicial Branch based upon the holding in Legal Club of Lynchburg v. A.H. Light, 13249, 430, 119 S.E. 55 (1923), citing Fisher’s Case, 6 Leigh (33 Va.) 619 (1835), that “[t]he powers to . . . make suspension or revocation of license effective in all other courts of [Virginia] must be conferred by statute,” although in a proper case a court does have inherent power to suspend or annul the license of an attorney only in that particular court (Emphases added).  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; see also David Oscar Williams, Jr., The Disciplining of Attorneys in Virginia, 2 Wm. & Mary Rev. Va. L. 3 (1954) http://scholarship.law.wm.edu/wmrval/vol2/iss1/2.

                [8] In summary, the General Assembly used its exclusive legislative powers under Art. VI, §§ 1, 5, & 7 of the VA Const., to enact VA Code § 54.1‑3935, to establish a decentralized attorney disciplinary system–by granting sole authority and jurisdiction to discipline an attorney only to the judges it had chosen in the Court of Appeals and the circuit courts.  Obedience by the Court to this decentralized attorney disciplinary system was mandated by Art. VI § 5 of the VA Const., and VA Code § 54-1-3915, by restricting the delegation of rulemaking authority to the Court under VA Code § 54.1‑3909.  Specifically, the Court was denied any authority to issue rules inconsistent with rights under either VA Const. and/or VA Code, and the Virginia State Bar was limited to the investigation of a bar complaint, but only at the request of the courts of appeals or circuit courts.

                [9] It is a Class 2 felony for, “[r]esisting the execution of the laws under color of authority,” thus there is neither “impunity” nor absolute immunity for acts outside of the scope of employment, judicial authority and jurisdiction.

                [10]  This was uncovered during the undersigns litigation: first, to stop the violation of Art VI of the VA Const., VA Code, and Void Ab Initio Order Doctrine by the VSBDB issuing a void ab initio order disbarring me in 2006 for litigating to enforce my statutory rights (See http://www.vsb.org/docs/Final_Order_Rodr_11-28-06.pdf); and to obtain damages for the retaliatory criminal/civil business conspiracy by Washington D.C. Lobbyist/Attorney Eric Holder et al. in violation of Va. Code § 18.2-499, 500, by the filing of two fraudulent VSBDB complaints for seeking to enforce my statutory property rights in a choate Virginia Attorney’s Lien on a client’s claim to treasure trove confirmed valued at $18 Billion USD, and my rights as a father under VA Code and Treaty (See http://www.liamsdad.org/others/isidoro.shtml).

                [11] These summary void ab initio orders have aided and abetted the business conspiracy to deprive the undersigned of his law office, profession, reputation, right to employment, property, and rights as a father, by disbarring the undersigned from federal practice based upon the VSBDB void ab initio order in retaliation for successful pro hoc vice litigation challenging the U.S. Department of Justice under the control of Eric Holder during the Clinton, Bush, and Obama Administrations, i.e. Martinez v. Lamagno and DEA, 515 U.S. 417 (1995) (Undersigned argued and won before the U.S. Supreme Court against Holder, DOJ, and the USCA 4th Cir.’s surreal argument that a DEA agent was within his scope of employment when driving drunk and having sex); Organization JD Ltda. v. Assist U.S. Attorney Arthur P. Hui and DOJ, 2nd Cir. No. 93-6019 and 96-6145 (1996) (Undersigned argued and won the right to hold accountable DOJ attorneys for violation of the Electronic Communications Privacy Act (1978); Lopez v. the First Union, 129 F3rd. 1186 (11th Cir. 1997) (Undersigned argued and won the right to hold accountable DOJ and financial institution for violation of the Right to Financial Privacy Act); Cooperativa Multiactiva de Empleados de Distribuidores de Drogas (Coopservir Ltda.)” v. Newcomb, et al., D.C. Cir. No 99-5190, S Ct. No 99-1893 (2000) (Undersigned challenged Pres. Clinton’s Executive Order under War Power Act as a prohibited bill of attainder); and, Isidoro Rodriguez, Esq., et al. v. Nat’l Ctr. For Missing & Exploited Children, et al., 03-cv-00120 (D.D.C. filed Jan. 27, 2003) (Undersigned challenge the violation of the “zone or war exception to The Hague Convention Children (See http://www.vsb.org/docs/Final_Order_Rodr_11-28-06.pdf).

                [12] The controlling precedent on this issue is Supreme Court of New Hampshire v. Piper, 470 U.S. 274 (1985), wherein Associate Justice Powell writing for the court held that the practice of law is a “fundamental right” and stressed the importance of pro hoc vice litigators who bring “claims that would be too unpopular for resident lawyers to bring.” (Emphasis added)

                [13] In addition to this Petition challenging the systematic denial of access to an impartial court and the surreal grant of “impunity”/absolute immunity for unlawful acts, the undersigned has filed complaints with the United Nations and the Inter-American Commission on Human Rights (OAS) (P-926-16) (See  http://www.isidororodriguez.com).

 

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