• 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: Uncategorized

REQUEST FOR STATEMENT OF INTEREST IN SUPPORT OF THE PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF THE COMMONWEALTH OF VIRGINIA, NO. 20-25

Featured

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, Federal Criminal Complaint for Misprison of a Felony, Impunity in violation of the Common Law, Uncategorized, Violation of the Doctrine of Federalism

≈ Leave a comment

July 20, 2020

Attorney General of the United States The Hon. William Barr,

Solicitor General Noel Francisco, and,

Assistant United States Attorney for The Eastern District of Virginia G. Zachary Terwilliger

Greetings:

In the interest of the United States, I request under 28 USC § 517 (2014) that each of you file a Statement of Interest for SCOTUS to grant the enclosed Petition for Writ of Certiorari filed on July 15, 2020, Isidoro Rodriguez v. Virginia State Bar Disciplinary Board, No. 20-25.  I underscore that this section states,

“The Solicitor General, or any officer of the Department of Justice, may be sent by the Attorney General to any State or district in the United States to attend to the interests of the United States in a suit pending in a court of the United States, or in a court of a State, or to attend to any other interest of the United States.”  (Emphasis added)

Therefore, the request for Statement of Interest is made pursuant to the federal government’s interest, right and duty to secure compliance by the courts of the Commonwealth of Virignia with the mandates of the Void Ab Initio Order Doctrine, the 1st, 5th, 7th, and 14th Amendments to the United States Constitution, the limitation on them pursuant to the Constitution of Virginia and Virigna Code (see 2009 Petitoin to NOVA members of General Assemvly). Under Marbury v. Madison, 5 US (1 Cranch) at 176 (1803), Chief Justice Marshall defined the Void Ab Initio Doctrine, holding that,

“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?” (Emphasis added)

Consequently, this request for a Statement of Interest under 28 USC. § 517 (2014) is supported by Attorney General John Ashcroft observation that,

“it is in the federal government’s interest to have effective and fair state courts, lest litigants turn to federal courts to resolve matters properly within state court responsibilities.” November 2, 2003, Department of Justice Evaluation of the State Judicial Institute’s Effectiveness to the House and Senate Judiciary Committees. (Emphasis added)

In this contest of “the federal government’s interest to have effective and fair state courts,” this request is sent to each of you based on the federal interest of not permitting the government and courts of the Commonwealth of Virginia to systemically deny access to an impartial court and trial by jury of government undertakings outside the scope of legal authorty and scope of employment in violation of the Void Ab Initio Order Doctrine, the separation of power under Art. VI §§ 1, 5, and 7 of the Constitution of Virginia (VA Const.”), and the prohibitions under VA Code § 54-1-3915 & 54.1 3935 (See Writ of Certiorari to the Supreme Court).

Thus, this request is under Art. Four, § 4, Cl. 1 of the United States Constitution which makes it a federal interest to ensure that “justice is applied fairly,” by guaranting that the three branches of the government of the Commonwealth of Viringia provide a “Republican Form of Government” assuring access to an impartial court and a common law trial by jury to obtain accountability for government undertakings outside the scope of legal authorioty and scope of employment. See also Martin v. City of Boise, No. 09-cv-540-REB (D. Idaho September 28, 2015), ECF No. 276, 2015 WL 5708586. Statement of Interest at 5 note 23).

In this context of securing accountability, the request is supported by the holding in Martinez v. Lamagno and DEA, 515 U.S. 417 (1995), which I argued and won before the Supreme Court of the United States. There in 1995 Solicitor General Drew Days filed an amicus brief and argued with me before the Court to support the granting of the Writ of Certioari. The Court issued the Writ reversing the USCA for the 4th Circuit and the US Dist Ct for ED VA, to reject then Attorney General Eric Holder and DOJ’s surreal argument and policy that there was absolute immunity even for the DEA agent’s acts while DWI and having sex in the moving vehical. Thus, the Court rejected Eric Holder’s knee jurk policy of absolute immunity from accountability for acts outside of scope of employement by ordering remand to an impartial court court to hold an evidentiary hearing before a jury of the evidence.

Similarly, here the request for a Satement of Interest in support of the attach Petition for Writ of Certioari is to obtain impartial judicial review by reversal of the the summary dismissal below of the Writ of Mandmaus and Prohibition evidencing a policy by the courts of the Commonwealth of Virginia (see page i, ii, and iii of the attach Petition), to deprive the Citizens of the Commonwealth of an independent legal profession by not stopping the Virginia State Bar Disciplinary Board (“VSBDB”) from operating as a “kangroo court” issuing void ab initio orders under unconstitutional court rules.

Compounding this defiance of the VA Const., and VA Code, is the record of 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 VA Code §§ 18.2 499/500, by the VSBDB concerting to “combine, assocate, agree, [and] mutually undertake” a business conspiracy with Washington DC Lobbyist/Attorney Eric Holder et al to deprive the undersign of his business and profession by the VSBDB void ab initio order to disbar the undersign for litigating to enforce his statutory property rights, and rights as a father (see 2003 Request for investigation of collusion by DOJ and the courts to violate “zone of war” exception under Treaty ) (see page 8 of the attached Appendix) (See  Isidoro Rodriguez, Esq., v. Jane/John Does of the Virginia State Bar Disciplinary Board, et al., US Dist. Ct. ED VA 12 cv 663 JAB (April 12, 2013), aff’d 4th Cir USCA No 13-1638 (Nov. 2013); See also Isidoro Rodriguez, Esq. v. Editor-in-Chief, Legal Times, Washington Post, 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) (See Request in 2014 to US Attorneys for EDVA and DC, as well as FBI for the Investigation, Arrest, Indictment, and Prosecution for Eric Holder et a., misprision of a felony in violation of 18 U.S. §§ 4 & 241/242, 26 U.S.C. § 7214, and VA Code §§ 18.2 499/500.).

To answer any questions, have your staff contact me at (1.571.477.5350). Respectfully, Isidoro Rodriguez cc:   President Donald J. Trump, The White House, 1600 Pennsylvania Avenue, NW, Washington, DC 20500

Filed July 13, 2020–IN THE SUPREME COURT OF THE UNITED STATES: Isidoro Rodriguez v. Virginia State Bar Disciplinary Board, on Petition for A Writ of Certiorari to the Supreme Court of the Commonwealth of Virginia

Featured

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, Impunity in violation of the Common Law, Uncategorized, Violation of the Doctrine of Federalism

≈ 1 Comment

Tags

separation of power, systemic denial of access to impartial court

QUESTIONS PRESENTED FOR REVIEW

I.  Whether the 1st, 5th, 7th, and 14th Amendments to the United States Constitution (“U.S. Const.”), the Void Ab Initio Order Doctrine, and the integrity and independence of the Commonwealth’s judicial system under Art. VI §§ 1, 5 & 7 of the Constitution of the Commonwealth of Virginia (“VA Const), and VA Code § 54.1-3915 & § 54.1-3935A (1950 to 2017), has been violated by the denial of the Writ of Mandamus and Prohibition
confirming the pattern and practice since 2006:

First, of the systemic denial of access to an impartial court so to not hold the Virginia State Bar Disciplinary Board’s (“VSBDB”) accountable for usurping judicial authority and jurisdiction to disbar Petitioner Isidoro Rodriguez in violation of the Void Ab Initio Order Doctrine?;

Second, of the systemic denial of access to a statutory jury trial under VA Code § 18.2-499 & 500 so to not hold the VSBDB accountable for participating, cooperating and assisting the business conspiracy of Washington D.C. Attorneys/Lobbyist Eric Holder et al. to injure Petitioner Isidoro Rodriguez reputation and profession by the issuance of a void ab initio order?; and,

Third, of the systemic denial of access to a common-law jury trial so to not hold the VSBDB et al. accountable for malfeasance for the void ab initio order, as well as for lobbying to violate VA Const.’s amending procedures, to violate the prohibition on ex post facto laws, and to violate the prohibition on enacting special legislation granting the VSBDB immunity for a business conspiracy?

LIST OF ALL DIRECTLY RELATED PROCEEDINGS IN STATE AND FEDERAL COURTS WHICH HAVE SYSTEMICALLY DENIED ACCESS TO AN IMPARTIAL COURT TO RECIPROCALLY ENFORCE THE VSBDB VOID AD INITIO ORDER..

1. Isidoro Rodriguez v. General Assembly of the Commonwealth of Virginia, et al., S. Ct. VA No. 190579 (September 2, 2019); Fairfax County Circuit Court Case No. 2018-16227 (February 12, 2019).

2. Isidoro Rodriguez, Esq., v. Jane/John Does of the Virginia State Bar Disciplinary Board, et al., US Dist. Ct. ED VA 12-cv-663-JAB (April 12, 2013), aff’d 4th Cir USCA No 13-1638 (Nov. 2013), cert. denied 2014.

3. In the matter of Isidoro Rodriguez, US Sup. Ct. Docket No. D-02466 (May 26, 2010), cert. denied.

4. Isidoro and Irene Rodriguez v. Commissioner of Internal Revenue, US Tax Court Docket No. 10691-09, cert. denied; and, Isidoro Rodriguez v. Commissioner of Internal Revenue, US Tax Court Docket No. 11855-12, cert. denied 2014.

5. Isidoro Rodriguez v. Jack Harbeston, and Eric Holder et al., US Dist. Ct. WD Wash. No. 11-cv-1601 (JCC).

6. Irene Rodriguez and Isidoro Rodriguez v. Douglas Shulman, et al., D.C. Cir. Ct. No. 11-cv-1183(JEB).

7. In re Isidoro Rodriguez, U.S. Judicial Panel on Multidistrict Litigation, ML No. 2307 (December 14, 2011).

8. Isidoro Rodriguez v. US Tax Court, D.C. Cir. No. 10-1016, cert. denied, US Sup. Ct. No. 10-1066 (Closed, March 21, 2011).

9. Isidoro Rodriguez v. Virginia Employment Commission, US Sup Ct. Docket No. 09-954 (Cert. Denied March 19, 2010), S. Ct. VA Record No. 092494, and the Court of Appeals of Virginia, Record No. 0291-09-4.

10. Isidoro Rodriguez v. US Court of Appeals for the District of Columbia, (D.C. Cir. No. 08-7134) cert. denied No. 09-237 (November 2, 2009).

11. In the matter of Isidoro Rodriguez, Esq., (4th Cir. No. 06-9518), cert. denied No. 08-942 (March 20, 2009), injunction denied (March 24, 2009).

12. Isidoro Rodriguez v. Standing Committee on Attorney Discipline, (3rd Cir. No 08-8037), cert. denied No. 08-1121 (Closed, May 18, 2009).

13. Isidoro Rodriguez v. US Court of Appeals for the 2nd  Circuit, (2nd Cir. No 08-90089); cert. denied No. 08-942 (Closed, July 31, 2009).

14. 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(Closed, 2008).

15. In re Isidoro Rodriguez, U.S. Dist. Ct. for the E. D. VA, Docket No. 1:08-mc-00022, May 28, 2008.

16. Isidoro Rodriguez v. Supreme Court of Virginia et al., (S. Ct. No. 07-419, November 2, 2007); and Isidoro Rodriguez v. Supreme Court of Virginia, (Va. Sup. Ct No. 07-0283), cert denied Nos. 07-A142 and 07A370 (2007).

17. Isidoro Rodriguez v. Devis and VA State Bar, VA Sup Ct. No. 06052, cert. denied US Sup Ct. Nos. 06A619/06-875 (Closed, October 2006).

18. Isidoro Rodriguez v. Pereira, 163 F. Appx. 227 (4th Cir. 2006), cert. denied, 549 U.S. 954 (2006).

19. Isidoro Rodriguez v. Guy Vander Jagt, et al., Sup. Ct. of Va. No 040941/040942, cert. denied, No. 04-867 (Feb. 28, 2005).

20. Isidoro Rodriguez v. HFP Inc., et al., 77 F. Appx. 663 (4th Cir. 2003), cert. denied 541 U.S. 903 (2004).

21. Isidoro Rodriguez-Hazbun v. National Center for Missing & Exploited Children et al., D.C. No. 03-120(RWR); D.C. Cir. No. 03-5092, cert. denied USSC No. 03-301 (2006).

STATEMENT OF THE CASE

a. When Federal Question Raised.

Petitioner Isidoro Rodriguez (“Rodriguez”) raised the federal questions in the Writ of Mandamus and Prohibition and its amendment at page 1 thru 15, filed on November 28, 2018, and on February 19, 2019 with the Fairfax Ct. Cir. Ct.  They were raised again in the Petition for Appeal to the S. Ct. VA on August 28, 2019, and during oral argument on February 21, 2020. The courts below never addressed the challenge to  the systemic denial of access to an impartial court, as well as the denial of the right to due process and equal protection of the laws in violation of the Art. I § 5 and Art. VI §§ 1, 5, & 7 VA Const., and the Void Ab Initio Order Doctrine.

b. Material Facts.

In 2003 Washington, D.C. Lobbyist/Attorney Eric Holder and Washington, D.C. Lobbyist Jack Harbeston (“Holder et al.”) violated VA Code §§ 18.2-499 & 500 (App-23) by entering Virginia to “combine, associate, agree, and mutually” did file two VSBDB bar complaints to injure Rodriguez’s federal civil litigation practice, reputation, profession, right to employment and statutory property rights.

The two bar complaints state they were filed:

First, for Rodriguez litigating to enforce a statutory Choate Virginia Attorney’s Lien on treasure trove under VA Code § 54.1-3932 (1950) (App-10). See Isidoro Rodriguez v. HFP Inc., et al., 77 F. Appx. 663 (4th Cir. 2003), cert. denied 541 U.S. 903 (2004); Isidoro Rodriguez v. Guy Vander Jagt, et al., Sup. Ct. of Va. No 040941/040942, cert. denied, No. 04-867 (Feb. 28, 2005); Martinez v. Lamagno and DEA, 515 U.S. 417 (1995); 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); Organization JD Ltda. v. Assist U.S. Attorney Arthur P. Hui and DOJ, 2nd Cir. No. 93-6019 and 96-6145 (1996) Lopez v. First Union, 129 F3rd. 1186 (11th Cir. 1997); and,

Second, for Rodriguez litigating to enforce the rights of a father under Hague Convention on the Civil Aspects of International Child Abduction Oct. 1980, T.I.A.A. No 11,670, 19 I.L.M. 1501 (App-7 and App-17) (“Treaty”), VA Code, and Joint Custody Agreement to protect his US citizen Son from being forced from Virginia in 2002 to a “zone of war” in the Republic of Colombia (App-17), Isidoro Rodriguez-Hazbun v. National Center for Missing & Exploited Children et al, D.C. No. 03-120(RWR); D.C. Cir. No. 03-5092, cert. denied USSC No. 03-301 (2006).

At the outset, Rodriguez challenged the judicial authority and jurisdiction of the VSBDB (See http://www.liamsdad.org/others/isidoro.shtml). In response, in violation of VA Code §§ 18.2-499 & 500 (App-23) the VSBDB did “combine, associate, agree, and mutually” participated in the business conspiracy by issuing in 2006 a void ab initio order to injure Rodriguez for litigating to enforce his statutory rights.

Subsequently, as part of the business conspiracy Rodriguez was disbarred from federal practice from 2006 to 2010 by the summary reciprocal enforcement of the VSBDB void ab initio order in violation of the Void Ab Initio Order Doctrine under Marbury v. Madison, 1 Crunch 137, 140 (1803), by the Office of the Clerk the United States Supreme Court, the U.S. Court of Appeals for the 2nd, 3rd, 4th, DC and Federal Circuit, the U.S. Dist. Court for the ED VA, and U.S. Tax Court (page I, ii, iii).

Also, as part of the business conspiracy in 2006 Rodriguez was deprived of his property by: (a) the Internal Revenue Service and U.S. Tax Court’s reciprocal enforcement of the VSBDB void ab initio order to declare “frivolous” and then to strike Rodriguez’s litigation expenses-to thereby assess “taxes greater then allowed by law,” See Isidoro and Irene Rodriguez v. Commissioner of Internal Revenue, US Tax Court Docket No. 10691-09, cert. denied; and, Isidoro Rodriguez v. Commissioner of Internal Revenue, US Tax Court Docket No. 11855-12, cert. denied 2014; and, (b) by the Virginia Employment Commission reciprocal enforcement of the VSBDB void ab initio order to deny Rodriguez unemployment compensation benefits.

Based on this additional evidence of the systemic denial of access to an impartial court to assist the business conspiracy and violation of the Void Ab Initio Order, Rodriguez filed litigation under VA Code §§ 18.2-499 & 500 (App-23). Isidoro Rodriguez v. Jack Harbeston, and Eric Holder et al., US Dist. Ct. WD Wash. No. 11-cv-1601 (JCC) (2011).  See 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(Closed, 2008).

After the repeated summary dismissal’s refusing to stop the business conspiracy and the reciprocal enforcement of the VSBDB void ab initio order, Rodriguez in 2012 file under VA Code §§ 18.2-499 & 500 (App-23), as well as under Bivens and RICO, see Isidoro Rodriguez, Esq., v. Jane/John Does of the Virginia State Bar Disciplinary Board, et al., US Dist. Ct. ED VA 12-cv-663-JAB (April 12, 2013), aff’d 4th Cir USCA No 13-1638 (Nov. 2013), cert. denied 2014.

But there too, the Hon. Judge John A. Gibney, Jr. did summarily dismissed to again deny access to an impartial court: (1) by not disqualifying himself because the Judge’s wife was a member of the Defendant VSBDB; (2) by granting absolute immunity, by granting summary dismissal, and by granting a nationwide Federal prefiling injunction of any future litigation for violation of the VA Const, VA Code; and, (3) by holding a lack of jurisdiction in Virginia to enforce VA Code §§ 18.2-499 & 500 (App-23)– despite the evidence that Holder et al. entered Virginia to file the two fraudulent VSBDB bar complaints. See also  Isidoro Rodriguez v. Devis and VA State Bar, VA Sup Ct. No. 06052, cert. denied US Sup Ct. Nos. 06A619/06-875 (Closed, October 2006); Isidoro Rodriguez v. Pereira, 163 F. Appx. 227 (4th Cir. 2006), cert. denied, 549 U.S. 954 (2006).

Based on this additional evidence of the business conspiray and systemic denial of access to an impartial court,  Rodriguez did petition for redress of the grievances prior to the opening each January from 2010 to 2019 of the General Assembly for the VSBDB violation of the Void Ab Initio Order Doctrine (See 2010 Petition to VA General Assembly).

After receiving no response to the petitions for grievances fo six years, Rodriguez filed on May 15, 2016, a Complaint with the Inter-American Commission on Human Rights, No. P-926-16 / MC-367-16, for violation of the right to due process and equal protection of the laws under Art. VI §§ 1, 5 & 7 VA Const., and the Void Ab Initio Order Doctrine by the absolute grant of immunity to government attorneys and judges. (See also January 2017 United Nations Complaint).

In response to these complaints, the VSBDB et al. used the cronyism and political influence in the legal profession of Virginia to surreptitiously lobby the General Assembly after 2017: (a) in violation of the prohibition on ex post facto laws, to enact a retroactive amendment adopting the 1998 unconstitutional S. Ct. VA Court Rules Part 6, § IV, ¶13 creating the VSBDB as a “kangaroo court” and permitting the S. Ct. VA to appoint VSBDB members as judges (App-26); and, (b) in violation of the prohibition under Art. IV § 14, ¶3(18) VA Const. (See VA Code § 8.01-223.2 (2017) (App-22) to enact special legislation granting the VSBDB immunity for the business conspiracies (See VA Code § 8.01-223.2 (2017) (App-22) (see also General Assembly 2019 HB 2111, introduced on January 5, 2019, four (4) days after Rodriguez petitioned the Fairfax County members of the General Assembly).

Based on this evidence, Rodriguez filed below the Complaint for a Writ of Mandamus and Prohibition to compel the VSBDB to either explain under what it acts as a “court” or to enjoin it usurping judicial authority (Isidoro Rodriguez v. Virginia State Bar Disciplinary Board, Fairfax County Circuit Court, Case No. CL 2018-16433).  See also Isidoro Rodriguez v. General Assembly of the Virginia, et al., Fairfax County Circuit Court, Case No. CL 2018-16227).

In written and oral responses the VSBDB in obfuscated and failed to cite any  authority under VA Const., or VA Code for their sitting as a “court” and acting as “judges.”  But rather, the VSBDB obtusely assert in violation of the prohibitions under Art. VI § 5 VA Const. and VA Code § 54.1-3915 (1950 to present), that the delegation of rule making authority under VA Code § 54.1-3909 (1950) gave to the S. Ct. VA the power to issue court rules giving the VSBDB judicial authority and jurisdiction to create the VSBDB as a “court,” and to appoint VSBDB members as judges.

Furthermore, the VSBDB arrogantly defied the Void Ab Initio Order Doctrine by arguing that Rodriguez lacked standing to challenge the VSBDB 2006 Void Ad Initio Order. Without addressing this evidence of the systemic denial of access to an impartial court to violate the U.S. and VA Const., as well as VA Code, the Fairfax County Circuit Court issued a summary prefiling injunction order (App-2) and a summary dismissal order of the Writ of Mandamus and Prohibition (App-4) on June 28, 2019.  The Petition for Appeal was refused by the S. Ct. VA on March 2, 2020 (App-1).

REASONS FOR GRANTING THE WRIT OF CERTIORARI

There has been repeated violation of the First, Fifth, Seventh and Fourteenth Amendment to the United States Constitution, the VA Const., VA Code, and the Void Ab Initio Order Doctrine, by Fairfax County Circuit Court’s systemic denial of access to an impartial court and trial by a jury: (1) so to not hold the VSBDB accountable for a void ab initio order usurping judicial power to assist Holder et al’s business conspiracy; (2) to not enjoin an ex post facto amendment (App-26); and, to not enjoin special legislation granting immunity (App-22).

I.  THE SYSTEMIC DENIAL OF ACCESS TO AN IMPARTIAL COURT.

A. Violations of the 5th and 14th Amendment to US Const., and Void Ab Initio Order Doctrine by the systemic denial of access to an impartial court. 

The Complaint for a Writ of Mandamus and Prohibition Court is founded upon records (page i, ii, and iii) evidencing the violation of the Void Ab Initio Order Doctrine by the systemic denial of access to an impartial court, the systemic denial to a statutory, and the systemic denial to a common law jury trial, so to not hold the VSBDB accountable for usurping of jurisdiction and judicial authority by the issuance in 2006 of the VSBDB Void Ab Initio Order (App- 6) to further Holder et al.’ s business conspiracy.

This evidence of the willful violation of the limitations and prohibitions under Art. VI §§ 1, 5 & 7 VA., and VA Code VA Code § 54.1-3935A (1950-2017), is confirmed by the VSBDB argument that under VA Code § 54.1-3909 (1950) delegation of rule making authority the S. Ct. VA had the power to issue rules establishing the VSBDB as a “court” and for the S. Ct VA to appoint VSBDB members as judges with jurisdiction to discipline an attorney.

Furthermore, VSBDB argument confirms the willful violation of the controlling 1923 precedent under Legal Club of Lynchburg v. A.H. Light, 137 VA 249, 430, 119 S.E. 55 (1923), citing Fisher’s Case, 6 Leigh (33 Va.) 619 (1835), that the power to either suspend or revoke an attorney’s license in all of Virginia, must be “conferred by statute,” although in a proper case a court does have inherent judicial power to suspend or annul the license of an attorney practicing only in that particular court. To repeat, for a court to have,

“[t]he power to go further and make suspension or revocation of license effective in all other court of the Commonwealth [this] must be conferred by statute.” (Emphases added).

Based on this holding the 1932 Acts of Assembly p. 139 (codified at VA Code § 54.1-3935A (1950-2017)), was enacted to assist the judicial branch by establishing a decentralized attorney disciplinary system to give by statute the exclusive judicial authority and jurisdiction to discipline attorneys to the ninety-five (95) County Circuit Court and eleven (11) Court of Appeals (App-25). When Has the Supreme Court of Appeals Original Jurisdiction of Disbarment Proceedings, R.H.C. Virginia Law Review, Vol. 10, No. 3 (Jan. 1924), David Oscar Williams, Jr., The Disciplining of Attorneys in Virginia, 2 Wm. & Mary Rev. Va. L. 3 (1954)  Furthermore, under Art. VI § 5 VA Const. (App-21), and VA Code § 54.1 3915 (2050) (App-24) the S. Ct. VA was specifically prohibited from promulgating any court rules inconsistent with this decentralized attorney disciplinary system.VA Code § 54.1-3934 (1950) Legislative History to  1998 amendment to VA Code § 54.1-3935A (1998) .

Under VA Code § 54.1-3935C (1950-2017) the Virginia State Bar and by extension the VSBDB, was established only as,

“an administrative agency of the [S. Ct. VA] for the purpose of investigating and reporting [to the Circuit Court] violations of rules and regulations adopted by the court under this article.”

Therefore, the evidence confirms that no statute was ever enacted prior to the 2017 ex post facto legislation that amended VA Code § 54.1-3935 (1950-2017) to retroactively adopt the unconstitutional S. Ct. Va rules creating the VSBDB and vesting it with judicial power and jurisdiction as a “court”.

Consequently, benchmark of this action and all the past litigation (pages i, ii, and iii), has been to enforce the Void Ab Initio Order Doctrine under English common law as helin The Case of the Marshalsea, 77 Eng. Rep. 1027 (KB 1613) that was incorporated as a cornerstone of United States jurisprudence by Chief Justice John Marshall in Marbury v. Madison, 1 Crunch 137, 140 (1803).  There it was held that,

“[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.”  (Emphasis added)

This Court reconfirmed the Void Order Doctrine by holding that due process mandated that State court must assure the right of access to an impartial judicial branch based on the constitutional obligation on the courts to decide matters presented by litigants, because:

“With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction, which is given, than to usurp that which is not given. The one or the other would be treason to the Constitution” Cohens v. Virginia, 19 US 264, 6 Wheat. 264, 404 (1821).

Regarding the mandate under the 5th and 14th Amendments, this Court held in Palko v. Connecticut, 302 US 319, 325, 326 (1937), that the right to due process includes those fundamental liberties that are “implicit” in the concept of ordered liberty, such that “neither liberty nor justice would exist if [they] were sacrificed.”  To this end,

“[t]he Due Process Clause entitles a person to an impartial and disinterested State tribunal in both civil and criminal cases.”  Marshal v. Jern Co, 446 US 238, 242 (1980).

Therefore to assure that nether a judge nor court are permitted to act outside of their jurisdiction and judicial authority the Void Ab Initio Order Doctrine is incorporation into 5th & 14th Amendments guarantee due process by confirming that any State proceedings that is outside of constitutional or statutory judicial authority or jurisdiction is void ab initio and actionable.

The Court recognized that there is a requirement on both State and Federal court to have access to an impartial court to assure effective vindication of a separate and distinct right to seek judicial relief:

(a) for violation of the First Amendment’s Right to Petition Clause, California Motor Transp. Co. v. Trucking Unlimited, 404 US 508, 513 (1972);

(b) for violation of the Fifth Amendment’s Due Process Clause,  Murray v. Giarratano, 492 US 1, 11 n.6 (1989) (plurality opinion); Walters v. National Ass’n of Radiation Survivors, 473 US 305, 335 (1985); and,

(c) for violation of the Fourteenth Amendment Equal Protection Clause, Pennsylvania v. Finley, 481 US 551, 557 (1987).

In accordance withprecedents this Court’s holding in Christopher v. Harbury, 536 US 403, 412-418 (2002), that to assert a claim of denial of access to an impartial court the claim must be first made in an underlying cause of action, the Complaint for a Writ of Mandamus and Prohibition was filed in the Fairfax County Circuit Court against the VSBDB:

(a) to obtain judicial review of the VSBDB usurping judicial power and jurisdiction in violation of Art. VI §§ 1, 5, & 7 VA Const., and VA Code § 54.1-3915 & § 54.1-3935A (1950-2017), to assist Holder et al.’s business conspiracy by issuance of a Void Ab Initio Order;

b. to obtain judicial review of the violation of the amending procedure under Art. XII § 1 VA Const.;

c. to obtain judicial review of the violation of the mandate of separation of power between the General Assembly, and the S. Ct. VA and the Executive Branch by the ex post facto amendment to retroactively expand the power of the S. Ct VA. by adopting of the 1998 unconstitutional court rules creating the VSBDB and appointing VSBDB members as judges; and,

d. to obtain judicial review of the violation of the prohibition on enacting special legislation to grant immunity to the VSBDB as a private association.

This mandate of assuring access to an impartial State court is an integral part of due process restriction on the Judicial Branch.  As Patrick Henry observed in 1777,

Power 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).

Consequently, the right to due process, and the right to equal protection of the laws mandate that when an individual or entity has neither constitutional authority, nor statutory authority, nor inherent legal power, nor jurisdiction to render any order, said order is void ab initio, and is a complete nullity from its issuance and may be impeached directly or collaterally by all persons, at any time, or in any manner and cannot be reciprocally enforced by any governmental entity or court by either stare decisis or res judicata.    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).

Therefore, because the VSBDB has neither constitutional authority, nor statutory authority, nor inherent legal power, nor jurisdiction to render any valid order disbarring Rodriguez for litigating to enforce his statutory rights (App-9), the VSBDB 2006 void ab initio order is a complete nullity from its issuance it may be impeached directly or collaterally at any time or in any manner. In that context, the systemic denial of access to an impartial Virginia and Federal court (page i, ii, iii), is a violation of the Fifth and the Fourteenth Amendments to the U.S. Const., and the Void Ab Initio Order Doctrine.  But the VSBDB void ab initio order issued as a “kangaroo court” was repeatedly reciprocal enforced by the abuse of the judicially created abstention doctrines of res judicata and stare decisis in violation of the Void Ab Initio Order Doctrine.  See Daniels v. Thomas, 225 F.2d 795, 797 (10th Cir. 1955), cert. denied, 350 U.S. 932 (1956); See also Rooker v. Fidelity Trust Co., 263 U.S. 413, 415-16 (1923); District of Columbia Court of Appeals v. Feldman, 460 U. S. 462, 486-487 (1983); and, Skinner v. Switzer, 562 U.S. 521 (March 7, 2011).

The VSBDB has willfully defied the 5th and 14th Amend., and the prohibitions under the VA Const., and VA Code, to assist Holder et al.’s business conspiracy, which was compounded by unlawful acts by government attorneys in the executive, legislative and judicial branches.

This must be rejected by the Court, because as prophetically observed by Adam Smith,

“[w]hen the judicial is united to the executive power, it is scarce possible that justice should not frequently be sacrificed to what is vulgarly called politics. The persons entrusted with the great interests of the state may even without any corrupt views, sometimes imagine it necessary to sacrifice to those interests the rights of a private man. But upon the impartial administration of justice depends the liberty of every individual, the sense which he has of his own security.” The Wealth of Nations, Book V, Ch. I., Of the Expense of Justice, pp 200.

B. Systemic denial of the right to a jury trial of the evidence of malfeasance.

The Fourteenth Amendment, mandates, “the duty of every State to provide, in the administration of justice, for the redress of private wrongs.”  Missouri Pacific Ry. Co. v. Humes, 115 US 512, 521 (1885).

To this end both the Seventh Amendment and Art. I § 11 VA Const. guarantee the right to a common-law trial for malfeasance. As early as The Case of the Marshalsea, 77 Eng. Rep. 1027 (KB 1613), it was determined that the jury trial was one of the most important safeguards against arbitrary and oppressive governmental policies.

In this context, Thomas Jefferson observed in a letter to Thomas Paine in 1789, that,

“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.”

Later, In re Murchison, 349 US 133, 136 (1955) (Black, J.), the Court held,

“[O]ur system of law has always endeavored to prevent even the probability of unfairness. To this end no man can be a judge in his own case and no man is permitted to try cases where he has an interest in the outcome. This Court has confirmed that all doubts should be resolved in favor of jury trials considering the strong federal policy favoring such trials and right under the Constitution.  Simler v. Conner, 372 US 221, 83 S.Ct. 609, 9 L.Ed2d 691 (1967).

See also, Grafton Partners LP v. Superior Court of Alameda County, 36 Cal 4th 944, 116 P.3d 479 (2005) (court finding a violation of the right to a jury trial under California Constitution-similar to VA Const. Art. I Section 11).

This common law right to a trial by a jury of the evidence of wrongdoing by acts outside the scope of authority was also confirmed in the 1995 case argued and won by Rodriguez against Eric Holder et al,’s policy of granting absolute impunity to government employees and judges for acts for outside of legal authority.  Gutierrez de Martinez v. Lamagno and DEA, 515 US 417, 115 S.Ct. 2227, 132 L.Ed. 2d 375 (1995) (4th Cir USCA reversed and remanded for an evidentiary hearing before a jury to determine if the government employee acts DUI while having sex were within or outside the scope of employment).

The common law right to a trial by jury is augmented by the statutory right to a jury trial for a business conspiracy under VA Code §§ 499 & 500.  The existence of a business conspiracy is a jury question of facts-not for the court.  As explained in Commercial Business Systems v. BellSouth, 249 Va. 239 at 267-68 (1995), statutory conspiracy claim,

is a matter for determination by a jury. whether a conspiracy caused the alleged damaged ordinarily is a question for a jury. Ordinarily it is the function of a jury to determine whether and to what extent a plaintiff has been damaged. (Emphasis added)

The record below confirms the systemic denial of access to a trial by jury by the summary denial of motions filed under 7th Amendment U.S. Const., Art I § 11 VA Const., VA Code §§ 18.2-499 & 500 and the common law, Rodriguez has been denied of his right due process and equal protection of the laws.  Therefore,  this Court must exercise its supervisory authority to assure access to an impartial jury trial to enforce the prohibitions and limitations under both VA Const., and VA Code.

As observed by Attorney General John Ashcroft,

“it is in the federal government’s interest to have effective and fair state courts, lest litigants turn to federal courts to resolve matters properly within state court responsibilities.” November 2, 2003, Department of Justice Evaluation of the State Judicial Institutes’s Effectiveness to the House and Senate Judiciary Committees.  (Emphasis added)

II.  VIOLATION OF ART. XII § 1 AND ART. 1 § 9 VA CONST. BY THE EX POST FACTO AMENDMENT ADOPTING UNCONSTITUTIONAL COURT RULES.

A.  Denial of the 1st Amend Right to Petition for Grievances.

Under Art. XII § 1 VA Const. only the Citizens of Virginia can amend the Art. VI §§ 1, 5 & 7 VA Const., to expand the power of the S. Ct VA.  to permit the S. Ct. VA  to create the VSBDB as a court and to appoint VSBDB as judges.

This legislative power granted by the Citizens to the General Assembly can neither be delegated nor modified without the Citizens ratifying an amendment to the VA Const.

Also, under Art. I, § 10, cl. 1 of the US Const. and Art. 1 § 9 VA Const., the VSBDB is prohibited from lobbying the General Assembly to enact an ex post facto law in 2017 to adopt the 1998 court rules to have retroactive effect.

In Fletcher v. Peck, 6 Cranch 87, 138 (1816), Chief Justice John Marshall defined an ex post facto law, as

“one which renders an act punishable in a manner in which it was not punishable when it was committed.”

Therefore, an ex post facto law has an impact on past transactions. See Ex parte Garland, 71 US (4 Wall.) 333, 377 (1867); See also McCoy v. State Highway Department of South Carolina, 169 SE 174, 169 SC 436 (1954). In Calder v. Bull, 3 US ( 3 Dall.) 386, 390, 397 (1798), this court determined that the ex post facto clause only prohibited the passage of criminal or penal measures that had a retroactive effect.  But, too this court held that attorney discipline proceedings are quasi-criminal in nature and subject to the prohibition under the ex post facto clause, Ex parte Garland, 71 US (4 Wall.) 333, 381 (1867) (companion case to Ex parte Garland, supra.). In both decisions, the court confirmed that an attorney has certain procedural and substantive rights to ensure due process and equal protection of the laws. Cummings v. Missouri, 71 US (4 Wall.) 277 (1806); In Re Ruffalo, 390 US 544, 550-51, 88 S.Ct. 1222, 1226, 20 L.Ed.2d 117,121-23 (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).

This right to due process is mandated because attorney discipline proceedings are highly penal character.  However, in violation of the above VA Const. restrictions, and Rodriguez’s right under the First Amendment and Art. I VA Const. to petition for grievances (See 2009 Presentatoin to Fairfax County member of General Assembly ):

first, the VSBDB lobbied for the enacting in 2017 of the ex post facto amendment of VA Code § 54.1-3935A (1950 to 2017) (App-25) to retroactively adopt in violation of Art. VI §§ 1, 5, & 7 VA Const., Art. 1 § 9 VA Const., and Art. XII § 1 of the VA Const. the 1998 unconstitutional court rules establishing the VSBDB as a “court” and to appoint VSBDB members as judges (VA Code § 54.1-3935 (2017)) (App-26), and,

second, the VSBDB lobbied for the enacting in 2017/2019 in violation of Act. IV § 14, &3(18) VA Const. special legislation aimed to grant immunity to the VSBDB as a private association VA Code § 8.01-223.2 (2017) and 2019 HB 2111.

Thus the Amended Complaint for Writ of Mandamus and Prohibition was properly filed based this evidence that VA Code § 54.1-3935 (2017) was enacted to conceal the ongoing violations of VA Const and VA Code by retroactively

“[c]onform[ing] the statutory procedure for the disciplining of attorneys” (App- 28)

to the unconstitutional 1998 Rule Part 6, § IV, 13-6 establishing the VSBDB as a “kangaroo court” and to permit the S. Ct. VA to appoint VSBDB as “judge” with jurisdiction and judicial authority to discipline an attorney. Under Art. XII § 1 VA Const., the General Assembly was and is without power to circumvent the limitations and prohibitions under Art. VI §§ 1, 5 & 7 VA Const.

Thus the 2017 ex post facto amendment is highly penal since it obfuscates and seeks to deprives Rodriguez of his right of action challenging the business conspiracy and the violation of Art. VI §§ 1, 5, & 7 VA Const. and the Void Ab Initio Order Doctrine.

III.  VIOLATION OF ART. IV § 14, ¶3 (18) VA CONST. PROHIBITION ON ENACTING SPECIAL LEGISLATION TO GRANT IMMUNITY.

Under Art. IV, § 14 ¶ 3 (18) VA Const., the General Assembly is prohibited from  enacting any special, or private law,

“[g]ranting to any private corporation, association, or individual any special or exclusive . . .  immunity”.

The VSBDB is not a court, nor a state agency nor a corporation. It is an administrative agency of the S. Ct. VA within the unincorporated professional organization of the Virginia State Bar.  Neither governmental or judicial immunity applies to them, thus they are not clothed with immunity.

Therefore, therefore courts below have denied access to an impartial court by not holding the VSBDB accountable for lobbying for the special legislation [VA Code § 8,01-223.2 (2017) (App-22) and General Assembly 2019 HB 2111], granting immunity for the business conspiracy.

CONCLUSION

The evidence confirm the denial of the Complaint for a Writ of Mandamus and Prohibition as an integral part of the systemic denial of access to an impartial court:

(a) to not hold the VSBDB accountable for the void ab initio order to assist Holder et al.’s business conspiracy;

(b) to not hold the VSBDB accountable for lobbying to violate the amending procedure under Art. XII §1 VA Const.;

(c) to not hold the VSBDB accountable for lobbying to violate the prohibition of ex post facto law under Art. I, 10, cl. 1 U.S. Const., and Art. I § 9 VA Const.;

(d) to not hold the VSBDB accountable for lobbying to violate the separation of power under Art. I § 5 and Art. VI §§ 1, 5, & 7 VA Const., to retroactively “conform the statutory procedure [under VA Code § 54.1 3935 (1932-2009)] for the disciplining of attorneys” to the 1998 unconstitutional VA  S. Ct. Rules Part 6, § IV, ¶ 13; and,

(e) to not hold the VSBDB accountable for lobbying for special legislation to not be held accountable for assisting and furthering the business conspiracy in violation of VA Code §§ 18.2-499 & 500 by Washington D.C. Lobbyist/Attorney Eric Holder et al.

For the above reasons, the petition must be granted.

Respectfully submitted,
By:_________________________

Isidoro Rodriguez

Former Member of the Bar

2671 Avenir Place, Apt 2227

Vienna, Virginia 22180Telephone: 571.477.5350

Application for an Extension of Time Within Which To file a Petition for A Writ of Certiorari to the Supreme Court of the Commonwealth of Virginia Due to COVID-19 Virus

Featured

Posted by Isidoro Rodriguez in 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

≈ Leave a comment

Tags

systemic denial of access to impartial court

                                                          No. ________________

                          IN THE SUPREME COURT OF THE UNITED STATES

                                                       ISIDORO RODRIGUEZ,

PETITIONER,

                                                                           VS.

                               VIRGINIA STATE BAR DISCIPLINARY BOARD,

RESPONDENT.

                                                 _____________________________

Application for an Extension of Time Within Which

To file a Petition for A Writ of Certiorari to the Supreme Court of the Commonwealth of Virginia

____________________________

APPLICATION TO THE HONORABLE CHIEF JUSTICE JOHN ROBERTS JR. AS CIRCUIT JUSTICE FOR THE FOURTH CIRCUIT

______________________________

APPLICATION FOR AN EXTENSION OF TIME

            Under Rule 13.5 of the Rules of this Court, Petitioner Isidoro Rodriguez (“Rodriguez”) requests that the time for a petition for writ of certiorari be extended for 61 days to and including July 31, 2020.  The Supreme Court of Virginia issued itsorder on March 2, 2020 (see App. A-3, infra). Rodriguez’s petition, therefore, would be due on Sunday, May 31, 2020 (per S.Ct. Rule 30.1 by June 1, 2020) absent an extension. Rodriguez is filing this application at least ten days before that date.

JURISDICTION

The Court has jurisdiction over the unpublished order of the Supreme Court of Virginia (“Sup Ct VA”):

first, under 28 U.S.C. § 1257(a) based on the systemic denial of access to an impartial court of unlawful official business conspiracy in violation of the Constitution of the Commonwealth of Virginia (“VA Const.”), the Void Ab Initio Order Doctrine, and the First, Fifth, Seventh and Fourteenth Amendment to the United States Constitution under the controlling precedent of both Christopher v. Harbury, 536 U.S. 403 (2002)and Marbury v. Madison, 1 Crunch 137, 140 (1803);

second, based on the Court’s supervisory authority under Article III to the U. S. Constitution and 28 U.S.C. § 2403(b) due to the demand for impartial “judicial inquiry” to investigate, declare and enforce the Void Ab Initio Order Doctrine and the VA Const., for, “liabilities as they[stood] on the present or past facts and under laws supposed already to exist” as evidenced by the retroactive enactment in 2017 of ex post facto legislation and 2019 of special legislation to give immunity, District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 476-482. (1983).

REASONS JUSTIFYING AN EXTENTION OF TIME

Rodriguez respectfully requests a 61-day extension of time within which to file a petition for a writ of certiorari seeking review of the decision of the Sup. Ct. VA, due to extraordinary circumstances created by the COVID-19 virus in both the Republic of Colombia and the Commonwealth of Virginia.

On February 21, 2019, an Amended Petition for a Writ of Mandamus and Prohibition was filed to order the Virginia State Bar Disciplinary Board (“VSBDB”) to either explain under what authority it is acting as a “court” or cease its violation of the Void Ab Initio Order Doctrine, Art. VI §§1, 5, & §7 Const. VA., VA Code § 54.1-3915 & § 54.1-3935 (in effect from 1950 until 2017), and VA Code §§ 18.2-499 & 500. Also, the Writ sought to enjoin: first, the violation of Art. XII § 1, Art. I § 9, Art. IV § 14, ¶3(18) VA Const. by the retroactive amendment in February 2017 of VA Code § 54.1-3935 (in effect 1950 to 2017) to ex post facto adopt the 1998 Sup. Ct. VA Rules; and, second, the violation of the Art. IV § 14, ¶3(18) VA Const. by the 2019 special legislation providing immunity to the VSBDB.  The issues were raised in argument before Fairfax County Circuit Court, in the Petition for Appeal filed on August 21, 2019, and an argument to the Sup. Ct. VA Chief Justice et al. on February 21, 2020.

On February 24, 2020, Rodriguez flew to his office in the Republic of Colombia for a business trip, with a planned return to the United States on March 24, 2020.

On March 5, 2020, Rodriguez received Sup. Ct. VA order of March 2, 2020, and immediately sought to return to the United States.

On March 17, 2020, the President of the Republic of Colombia declared a state of emergency due to the COVID-19 virus, ordering a complete shutdown of all business and air travel to/from the Republic of Colombia until May 11, 2020.

Similar emergency measure due to the COVID-19 virus has been taken by the Governor of the Commonwealth of Virginia to last until June 30, 2020.

Although Rodriguez has made reservations to return to the United States on May 14, 2020, the flight is uncertain.  Furthermore, all printing operations in both Colombia and Virginia are suspended, given the extraordinary circumstances making it impossible to either print/bind the Petition before May 31, 2020.

CONCLUSION

            For the reasons described above, Rodriguez respectfully requests that this Court grant an extension of 61 days, up to and including July 31, 2020, within which to file a petition for a writ of certiorari in this case.

Dated: April 27, 2020                                                         Respectfully Submitted,

                                                                    Isidoro Rodriguez

Former Member of the Bar of This Court

Email: business@isidororodriguez.com

U.S. Mobil: 1.571.477.5350\CO Mobil: 011-575-300.658.7220

South American Office:                                                 U.S. Residence:

World Trade Center                                                           2671 Avenir Place, Apt. 2227

Calle 76 No. 54-11, Office 313                                         Vienna, Virginia 22180

Barranquilla, Colombia                                                   

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

03 Friday Jan 2020

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, Uncategorized

≈ Leave a comment

Tags

Business Conspiracy, Virginia Constitution, void ab initio order doctrine

            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   

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.

29 Thursday Aug 2019

Posted by Isidoro Rodriguez in Uncategorized

≈ Leave a comment

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

Featured

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, Uncategorized

≈ Leave a comment

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 . . ..

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.

14 Friday Jun 2019

Posted by Isidoro Rodriguez in Uncategorized

≈ Leave a comment

Tags

Accountability, separation of power, void ab initio order doctrine

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

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

07 Monday Jan 2019

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

≈ Leave a comment

(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)

 

38.901223
-77.265260

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

≈ Leave a comment

            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

RESPONSE IN OPPOSITION TO DEFENDANTS’ PLEAS OF SOVEREIGN IMMUNITY, RES JUDICATA, AND DEMURE, AS WELL AS MEMORANDUM OF LAW IN SUPPORT OF AN ORDER TO DIRECT FILING OF AN ANSWER: Filed on December 26, 2018 with the Fairfax Circuit Court

27 Thursday Dec 2018

Posted by Isidoro Rodriguez in Uncategorized

≈ Leave a comment

            Isidoro Rodriguez (“Rodriguez”) filed under VA Code §§ 8.01-184 et seq. a Complaint for Declaratory Judgment to seek a “binding adjudication” of his rights under the Common Law of the Commonwealth of Virginia (“Virginia”),[1] Art. I § 5 & 9, Art VI §§ 1, 5 & 7, and Art. XII § 1 of the Constitution of the Commonwealth of Virginia (“VA Const.”) and VA Code §§ 54.1‑3915 & 3935 (1998).  The action seeks no monetary damages, but rather equitable relief under VA. Code § 8.01-186 and VA Code § 18.2-499 & 500 from unlawful act outside the scope of legal authority, based on the evidence and record that for more than fifteen (15) years Rodriguez has been systematically denied access to an impartial court and Common Law trial by jury to secure accountability for the violation of Art. VI § 1, 5, & 7 VA Const., VA Code §§ 54.1‑3915 & 3935 (1998), and the Void Ab Initio Order Doctrine.[2] Rodriguez also filed under VA Code § 8.01-644 a Petition for Writ of Mandamus to command Defendant/Respondent Virginia State Bar Disciplinary Board (“VSBDB”) to provide the provisions of VA Const. and VA Code giving it judicial authority as a lower court and its members as judges to discipline attorneys in Virginia.[3]

            In summary, the evidence is that in January 2017:

  • The Defendant General Assembly of Virginia (“General Assembly”), Defendant Office of the Governor of Virginia (“Governor”), and Defendant Office of the Attorney General of Virginia (“VA Attorney General”) willful violated the mandate of separation of power under I § 5 & 9 VA Const. to enact an ex post facto change to the decentralize statewide attorney disciplinary system established since 1932 under VA Code § 54.1‑3935 (1998-2009) (Plaintiff’s Ex. A and B),[4] to retroactively delegate authority to “[c]onform the statutory procedure for the disciplining of attorneys” to the Defendant Supreme Court of Virginia (“Court”) unconstitutional Rule Part 6, § IV, 13-6 issued sometime in 1998 (Plaintiff’s Exhibit C) (VA Code § 54.1‑3935 (2017) (Plaintiff’s Ex. J);
  • The General Assembly, Governor, and VA Attorney General violated XII § 1 VA Const.[5] restricting only to the voters the power to amend the VA Const., by “[resisting] the execution of the laws under color of authority” to unconstitutionally delegate legislative authority to the Court in violation of Art. VI §§ 1,[6] 5,[7] & 7[8] VA Const., and VA Code § 54.1‑3935 (2009) (Plaintiff’s Ex. A and B) by adopting unlawful Court Rule Part 6, § IV, 13-6 (1998): (i) to retroactively give judicial authority to the VSBDB as the keystone of an illegal centralized statewide attorney disciplinary system under Court’s control; (ii) to retroactively establish the VSBDB as a “lower court” with jurisdiction and judicial authority to discipline attorneys; and, (iii) to retroactively permit the Court to appoint VSBDB members as “judges.”

            However, rather than either filing an Answer to the Complaint under the Common Law (incorporated herein is Plaintiff’s Ex L filed on 11/14/18) or addressing the gravamen of the action seeking accountability for acts outside of legal authority in violation of the VA Const., the VA Attorney General in his filing continues to seek to avoid accountability under the Common Law by obfuscation and misuse the Doctrine of Sovereign Immunity by legal sophistry (See ¶ 4 and Plaintiff’s Ex. H3), as well as the use of political influence[9] and cronyism within the legal profession.  Thus, Defendants disregard specific statutory under VA Code § 801-184 and § 801-191 given to the Circuit Court to issue declaratory judgments “to be liberally interpreted and administered with a view to making the courts more serviceable to the people.” To this end, the Circuit Court has the power: first, under VA Code § 801-186 to give “further relief” whenever necessary or proper, i.e., filed on 11/14/18 the Motion to Empanel a Special Grand Jury, the Motion for an Injunction under VA Code § 18.2-500 to enjoin an ongoing business conspiracy by government employees ouotside of the scope of legal authority, and the Motion Quo Warranto (hearing set for January 4, 2019); second, consistent with the Common Law under VA Code § 801-188 the Circuit Court is authorized to submit to a jury the alleged acts outside the sphere of legal, legislative authority, judicial authority, or scope of employment to issue a general verdict or not; and third, under VA Code § 8.01-189 and VA Code §§ 18.2-499 & 500 to enjoin legislation issued outside the sphere of legitimate legislative activity, enjoin government attorneys acts outside scope of employment, enjoin the unlawful functioning of the VSBDB as a lower court, and enjoin the VSBDB and Court’s void ab initio orders issued outside of judicial authority as part of a businss conspiracy and a Class 2 felony VA Code§§ 18.2‑481 & 482 to damage Rodriguez’s international pro hoc vice  civil litigation practice, reputation, profession, and property rights in a Choate Virginia Attorney Lien.

  1. UNDER THE COMMON LAW THERE IS NO SOVEREIGN IMMUNITY FOR ACTS VIOLATING THE VA CONST. BY EX POST FACTO LEGISLATION ADOPTING UNCONSTITUTIONAL COURT RULES

            Under Virginia Common Law dating back to 1613, there is no absolute judicial and ministerial immunity based upon sovereign immunity for acts outside of jurisdiction, and action for equitable relief and damages will lie for the conspiracy to issue and enforce a void order as part of an illegal enterprise, The Case of the Marshalsea, 77 Eng. Rep. 1027 (K.B. 1613).[10]

            Under the Common Law citizens of Virginia have a way of enforcing rights, limitation, and prohibitions under the VA Const. against the government, including the Court.[11] Consistent with the Common Law at the time of the ratifying of the VA Const., sovereign immunity does not invalidate all claims; it only makes a defendant immune from suit and the relief to which the immunity applies when acting within legal authority under the VA Const[12]-this notwithstanding the holding in Messina v. Burden, 228 Va. 301, 307 (1984).[13]   The Common Law in Virginia specifically permits Rodriguez to bring the above civil suit for declarative and equitable relief against the government or government officials for acts outside the scope of employment, legislative authority, and judicial authority in violation of the VA Const.[14]

            Under the Common Law sovereign immunity does not protect government actors when either in their individual or official capacities, they commit an intentional tort or commit: (1) acts outside the ‘the sphere of legitimate legislative activity” by enacting ex-post-facto legislation and disregard the amending procedure of the VA Const. to retroactively delegate legislative authority to the Court, Tenney v. Brandhove, 341 U.S. 367 at 376 (1951); (2) acts in “clear absence of all jurisdiction” and judicial authority by the issuing and using unconstitutional Court rules,  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); and, (3) acts outside of the scope of their employment to “resist the execution of the laws under color of authority.”

            Consistent with the Common Law the Court in Fox v. Deese, 234 Va. 412, 423-24 (1987), reversed the decision of the trial court’s grant of sovereign immunity from the tort claims by underscoring that a Common Law trial by jury is required because,[15]

 “[t]he tort counts not only allege that these defendants committed intentional torts, but that they were acting outside the scope of their employment as well. Resolution of these allegations requires an evidentiary hearing.  The defendants are not immune if the evidence establishes that (1) they committed intentional torts, irrespective of whether they acted within or without the scope of their employment, Elder v. Holland, 208 Va. 15, 19, 155 S.E.2d 369, 372_73 (1967), or (2) they acted outside the scope of their employment, see Messina v. Burden, 228 Va. 301, 311, 321 S.E.2d 657, 662 (1984).”

            Under the Common Law, when the action seeks to restrain or compel state officials to perform their duties under the VA Const. and VA Code the action for declaratory judgment is not against the state for purposes of sovereign immunity-but for acts outside the scope of employment, legislative functions, jurisdiction, or judicial authority. [16]  Under the Common Law in both England and Virginia as one of the colonies, it was in ordinary courts in either civil or criminal trials -before a jury trial-which determined whether government officers, including judges, were to be held accountable for misbehavior.  Prakash and Smith, How to Remove a Federal Judge, 116 Yale L. J. 72 at 74 (2006);  See, e.g., R. V. Gaskin, (1799) 1001 Eng. Rep. 1349 (K.B.) (reinstating a parish-clerk upon his demand that his employer shows cause for firing him); James Bragg’s Case (1616) 77 Eng. Rep. 1271, 1278-81 (K.B.)(reinstating a Burgess for lack of cause to remove him).

            At Common Law, absolute immunity is given judges only when they do not act in “clear absence of all jurisdiction over the subject matter.” Bradley v. Fisher, 13 Wall. 335, 80 U. S. 351. Pp. 435 U. S. 355-357 (1871); Stump v. Sparkman, 435 U.S. 349 at 357 (1978); Johnston v. Moorman, 80 Va. 131, 142 (1885).  Judges are liable when they act in ‘clear absence of all jurisdiction.’”  Harlow v. Clatterbuck, 230 Va. 490, 493, 339 S.E.2d 181, 184 (1986) (quoting Johnston v. Moorman, 80 Va. 131, 142 (1885)).  Pursuant to Rankin v. Howard, 633 F.2d 844 (1980), and, Den Zeller v. Rankin, 101 S. Ct. 2020 (1981), whenever a judge acts where he does not have jurisdiction to affirm and use a void ab initio order, the judge is engaged in an act or acts of treason. U.S. v. Will, 449 U.S. 200, 216 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L. Ed 257 (1821).  In Chandler v. Judicial Council, 398 U.S. 74, at 140 (1970), Chief Justice Berge wrote, “If [judges] break the law, they can be prosecuted.” Also, Justice Black and Douglas in their dissenting opinion agreed, that, “. . . judges, like other people, can be tried, convicted, and punished for crimes . . .”  supra. at 141-142.  Also, in Forrester v. White, 484 U.S. 219 (1988), the Court held:

“This Court has never undertaken to articulate a precise and general definition of the class of acts entitled to immunity. The decided cases, however, suggest an intelligible distinction between judicial acts and the administrative, legislative, or executive functions that judges may on occasion be assigned by law to perform.

            There the U.S. Supreme Court held in action against a State court judge, that under Common Law a state court judge who acts without jurisdiction, or acts in violation of Constitutional, or acts in violation of statutory prohibitions expressly depriving him of jurisdiction or judicial capacity, judicial immunity is lost.  A Virginia judge is immune from suit only if he did not act outside of his judicial capacity and was not performing any act prohibited expressly by constitution and statute, because,

“[n]o man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it. It is the only supreme power in our system of government, and every man who by accepting office participates in its functions is only the more strongly bound to submit to that supremacy, and to observe the limitations which it imposes upon the exercise of the authority which it gives.  United States v. Lee, 106 U.S. 196, 220 (1882) (Emphasis added).  See also, Hanson v Denckla, 357 US 235, 2 L Ed 2d 1283, 78 S Ct 1228.”

See Block, Stump v Sparkman and the History of Judicial Immunity, 4980 Duke L.J. 879 (l980).  See Ames E. Pfander, Federal Courts, Jurisdiction-Stripping and the Supreme Court’s Power to Supervise Inferior Tribunals, 78 Tex. L. Rev. 1433 (2000).

            Consequently, at Common Law, absolute immunity from civil liability is given to legislators only when they are engaged “in the sphere of legitimate legislative activity,” and have not “exceeded the bounds of legislative power” by the usurpation of functions exclusively vested in the citizens under clearly stated constitutional limitations and prohibitions. See Tenney v. Brandhove, 341 U.S. 367 at 376 (1951); See also VA Const. Art. IV, § 9 as to immunity of legislators; and, Virginia: Hening’s Stats. at Large, Vol. 9, p. 127.[17]

            Regarding quasi-judicial immunity for VA government attorneys, the Defendant Virginia State Bar,  and the VSBDB, it extends: (1) only if they are performing judicial functions, (2) only if acting within their jurisdiction; and (3) only if acting in good faith.  “The common-law immunity of a prosecutor is based upon the same considerations that underlie the common-law immunities of judges and grand jurors acting within the scope of their duties.” Imbler v. Pachtman, 424 U.S. 409, 422-23 (1976); Andrews v. Ring, 266 Va. 311 at 321, 585 S.E.2d 780 (2003) (the court explicitly declined to grant blanket immunity to non-prosecutorial conduct, stating, “We do not decide in this case whether actions of a prosecutor in the role of investigator or administrator are entitled to absolute immunity.”)    See Hueston v. Kizer, 2008 Va. Cir. LEXIS 280, 36-37 (Va. Cir. Ct. May 29, 2008) (court denied absolute immunity).  Therefore, under the Common Law if a prosecutor’s involvement is not done as a prosecutor but done outside the scope of his employment in his individual capacity, then he would not have any immunity, and if the prosecutor’s role was one of investigator or administrator he again may not be entitled to absolute immunity.  The claim of immunity is a factual determination for a trial by jury under the Common Law.[18]

            In closing, wherein the Circuit Court is asked to declare that government entities have acted outside of their respective legal authority in violation of the VA Const., the VA Attorney General citing federal case law is neither relevant nor dispositive.  The constitutional limitation and violations by these entities flow from Common Law and VA Cosnt. not U.S. Code Section 1983 (See ¶¶ 25 thru 28 of the Complaint and Verified Petition for Writ of Mandamus).[19]

  1. THE SUIT IS BASED UPON THE 2017 EX POST FACT LEGISLATION VIOLATION OF THE VA CONST. THUS RES JUDICTA IS NOT RELEVANT

            The Doctrine of Res Judicata cannot be applied here because: first, the parties and cause of action are different from previous suits; and second, the record of the systematic denial of access to an impartial court to deny any consideration of the merits of Rodriguez challenge to the acts outside the scope of legal authority by the VSBDB and Court’s violation of Art. VI ¶¶ 1, 5, & 7 VA Code, VA Code § 54.1‑3915 & 3935 (1998) (Plaintiffs Ex. G1 and G2).[20]

            To begin, the Void Ab Initio Order Doctrine confirms that Defendants’ Plea of Res Judicata[21] is pure legal sophistry.  Under the holding of the U.S. Supreme Court in Marbury v. Madison, 1 Crunch 137, 140 (1803), that states,

“[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.”

           Defendants Court, VSBDB, and VA Attorney General are sued based upon the record of the systematic denial of access to an impartial court and a common law jury trial of the willful violation of the Void Ab Initio Order Doctrine, that holds

“Since the adoption of the [VA Const.] and the Fourteenth Amendment to the Federal Constitution, the validity of a 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) Pennoyer v. Neff, 95 US 714, 733 (1877).”

            In short, the VSBDB and Court have not issued a valid judgment because they were rendered in violation of constitutional limitations, prohibitions and protections of due process by an unconstitutionally created VSBDB as a lower court. Earle v. McVeigh, 91 US 503 (1876).  See also Restatements, Judgments 4(b). This limitation is inherent in the requirements of due process which extends to all political branches of government-including the Court- so that a judgment may not be issued in violation of the VA Const. Collins v. Shepherd, 274 Va. 390, 402 (2007)[22]; 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); Hanson v Denckla, 357 US 235, 78 S Ct 1228 (1958).

            The defense of res judicata cannot be used because the VSBDB and Court’s Void Ab Initio Orders are not entitled to the respect accorded a valid adjudication,

“but maybe entirely disregarded, or declared inoperative by any tribunal in which effect is sought to be given to it. It is attended by none of the consequences of a valid adjudication. It has no legal or binding force or efficacy for any purpose or at any place. … It is not entitled to enforcement… All proceedings founded on the void judgment are themselves regarded as invalid.” 30A Am Jur Judgments 44, 45.

            It is a fundamental doctrine of law under the system of justice in Virginia and the United States that Rodriguez as the party affected by a personal judgment must have his day before a validly constitutionally created court, and an opportunity to be heard by an impartial hearing. Renaud v. Abbott, 116 US 277, 6 S Ct 1194 (1886).  But, by the violation of the mandate of separation of power and Art. I § 5 and Art. VI §§ 1, 5 & 7 VA Const. to enact ex post facto legislation makes this impossible.

          Based on the Void Ab Initio Order Doctrine, the VSBDB and the Court’s order are void ab initio—and not subject to either res judicata  or stare decisis since they are void ab initio orders   completely null and void from their issuance and may be impeached directly or collaterally at any time, or in any manner.  The VSBDB and Court’s void ab initio orders may be attacked by Rodriguez in any court at any time, “directly or collaterally.” The VSBDB and Court’s Void Ab Initio Orders have no consequences of a valid adjudication, i.e., stare decisis and res judicata, because the VSBDB void ab initio order cannot be made valid by the Court affirmed by the use of either stare decisis or res judicata.   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).  The VSBDB has neither constitutional authority, nor statutory authority, nor judicial authority, nor jurisdiction to render any act or order on November 27, 2006, and the Court cannot make the order valid by affirming it.  They both Void Ab Initio Orders are a complete nullity from their issuance and may be impeached directly or collaterally by Rodriguez at any time, or in any manner.

III        THE DEMURRER MUST BE DENIED

            Defendants demurrer based on the argument that they cannot be sued in the name of the entity is surreal.[23]  Defendants and their members are constitutional officers established under either Art. IV § 1, or Art. V § 1, or Art. VI § 1 VA Const.  As constitutional officers, the alleged unconstitutional act will at least be a violation of the oath of their respective duties of the office, and therefore grounds for removal from office. As explained above under the Common Law no official immunity or privileges of rank or position survive the commission of unlawful acts. Furthermore, if the violations of the separation of power violate the rights of Rodriguez and all the citizens of Virginia, as alleged it is also a crime (Plaintiff’s Ex. K).  The law obligates anyone aware of such a crime-including the Circuit Court to investigate it, gather evidence for a prosecution, seek an indictment from a grand jury, make an arrest, and prosecute the offenders in a court of law.[24]

            There are different functions served by the common law and the VA Const. vis-à-vis general tort law.  As explained in Clea v. Mayor and City Council of Maryland, 541 A.2d 1303 at 1314 (Md. 1988):

“[T]here are sound reasons to distinguish actions to remedy constitutional violations from ordinary tort suits. The purpose of a negligence or other ordinary tort action is not specifically to protect government officials or to restrain government officials. The purpose of these actions is to protect one individual against another individual… On the other hand, constitutional provisions… are specifically designed to protect citizens against certain types of unlawful acts by government officials. 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.” (Emphasis added)”

            State courts have identified criteria that support interpreting state constitutions to extend greater liberty to the citizenry than the protection secured by the United States Constitution. See State v, Hunt, 450 A.2d 952 (N.J. 1982).   Where the Circuit Court is asked to declare whether the government has violated the VA Const., the Circuit Court must look only to the Virginia constitutional limitation on official conduct.

            Given the U.S. Supreme Court’s consistent departure from what it has prescribed as the ordinary and desired decision-making process under the 14th Amendment, provides an additional reason why the Circuit Court should not mindlessly follow the VA Attorney General citation to Federal Section 1983 opinions. While the Federal courts avow to be interpreting the intent of the legislature that enacted Section 1983, the hurdles to the application of the Common Law to stop the deprivation of constitutional rights are a product of the U.S. Supreme Court’s legislation through its own rules rather than analysis of accountability under the Common Law.[25]  Therefore the notion that in 2017 the General Assembly can retroactively delegate authority to “conform” a statute to the Court unconstitutional court rules is an oxymoron.  Art. I § 1 & 5 and Art. VI §§ 1, 5, & 7 VA Const. assigns only to the General Assembly the power to legislate to give judicial authority, establish courts, and appoint judges.  If the issue here was the Circuit Court to interpret a valid statute, the Court’s sole role is to carry out the intent of the General Assembly that enacted the law. But the issue before the Circuit Court is to review an ex post facto retroactive legislation delegating power to the Court where the General Assembly lacked the power to enact the statute-this must be struck down (See City of Boerne v. Flores, 521 U.S. 507 (1997).  Based upon the limitation and prohibitions under VA Const. Art. VI, the Court cannot be permitted to substitute its policy preferences for a centralized attorney disciplinary system to the 1932 choice made by the General Assembly, even where the Court vigorously disagrees with the legislative judgment.

         The Complaint is for the 2017 enactment of ex post facto invalid statute as an “ultra vires” act which is “[u]nauthorized; beyond the scope of power allowed or granted Y by law.” Black=s Law Dictionary 1559 (8th ed. 2004); and beyond the powers conferred upon constitutional officer under the VA Const. Khaliq Joshua Burrell V. Commonwealth of Virginia, Fairfax Ct. Cir. Ct. No. 111297 (March 2, 2012); 2000 Op. Va. Att=y Gen. 204, 205.  These ultra virus acts are void ab initio, from the beginning, Id, (defining “ab initio“); see also Op. Va. Att=y Gen.: 1986‑1987 at 315, 316; 1982‑1983 at 66, 67.

       Consistent with the above, the rule of law under our constitutional system of government is that constitutional officers, Aare 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 voidable but simply void, and this even prior to reversal.@  Vallely v. Northern Fire & Marine Ins. Co., 254 U.S. 348, 353 (1920).

       The specific limitations and prohibitions on the General Assembly, Governor, VA Attorney General, and the Court are set out in Art. I § 5, VI, ‘ 1, 5, and 7, and Art. XII § 1 VA Const.  Important to note Art. VI, ‘ 5 VA Const., grants limited power to the Court to issue rules, but only those that do not conflict with the general law enacted by the General Assembly.  See AG Op1996 AG 23.

         Thus, the VSBDB is an entity established by unconstitutional Court rules; the VSBDB does not have any constitutional judicial authority, judicial power, or jurisdiction to render any order to discipline an attorney.  Any statute of limitation does not restrict the challenge to the VSBDB Void Ab Initio Order since it may be challenged at any time and in any court because of a judgment obtained by extrinsic or collateral fraud void ab initio. Parrish v. Jesse, 250 Va. 514 (1995), and may be attacked in any court at any time, Adirectly or collaterally.@ Rook v. Rook, 233 Va. 92, 95(1987). Because an order that is void ab initio is a complete nullity, the order may be challenged directly or collaterally Aby all persons, anywhere, at any time, or in any manner.@   Collins, 274 Va. at 402, 649 S.E.2d at 678 (quoting Singh, 261 Va. at 52, 541 S.E.2d at 551); accord Nelson v. Warden, 262 Va. 276, 281, 552 S.E.2d 73, 75 (2001); Parrish v. Jessee, 250 Va. 514, 521, 464 S.E.2d 141, 145 (1995); and, Pennoyer v. Neff, 95 US 714 (1877).  This is because, “when the judgment of a state court is void [ab initio] either because that court lacked jurisdiction of the subject matter or of the parties to the action, or because it entered a judgment which it had no power to enter under the law, that such judgment may be reviewed in a federal court.” Daniels v. Thomas, 225 F.2d 795, 797 (10th Cir. 1955), cert. denied, 350 U.S. 932 (1956).

          This Circuit Court has not only the subject matter jurisdiction but the duty under its oath to provide impartial judicial review of the unconstitutional ex post facto 2017 act, unconstitutional court rules, and the VA Attorney General efforts to give Apreclusive@ legal effect to the VSBDB and Court’s void ab initio orders.  Relevant is the willful violation of separation of power by acts outside the scope of legislative and authority, as well as the scope of employment by willful acts not in the interest of Virginia.

“The Constitution does not authorize the judiciary to write laws that the legislature failed to enact or to repeal those that violate no recognizable constitutional principle, or to amend laws that are reasonably adequate but nonetheless can be improved upon. As Thomas Jefferson put it, a judiciary that pushes beyond these limits would place us all under the Adespotism of an oligarchy@ Cone flatly at odds with the democratic principles of our republic.” VSB Journal, Law & Politics: The Imperative of Judicial Self‑Restraint, Hon. D. Arthur Kelsey (2004), p.5

Conclusion 

            Based upon the above, the Circuit Court must deny Defendants Plea of Sovereign Immunity, Plea of Res Judicata, and Demurrer, and order their filing of an Answer to the Complaint for Declaratory Judgment in accordance with Order of Scheduling Conference for February 21, 2019, at 0830 hrs.

 Respectfully submitted,

Isidoro Rodríguez

Residence:  2671 Avenir Place, Apt. 2227

Vienna, Virginia 22180

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

                [1] VA Code § 1-200, states “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.

            [2] 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 filed on 12/20/18 to serve the General Assembly by publication.

                        [3] Isidoro Rodriguez v. Virginia State Bar Disciplinary Board, Fairfax County Circuit Court, Docket No. CL-2018-0016433, filed November 19, 2018.  Affidavit to serve on the VSBDB by publication filed on 12/26/18.

                [4]  The 1932 the Acts of Assembly p. 139 (“1932 Act”) (codified as VA Code § 54.1‑3935 (1950), was enacted 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 court of the Commonwealth [this] must be conferred by statute,” (Emphases added), to establish a decentralize statewide attorney disciplinary system by authorizing judicial power to discipline attorneys only to County Circuit Courts and Courts of Appeal, but denied the Court said power directly.

                [5] Art. XII § 1 VA Const., states that, “Any amendment or amendments to this Constitution may be proposed in the Senate or House of Delegates, . . ., then it shall be the duty of the General Assembly to submit such proposed amendment or amendments to the voters qualified to vote in elections by the people, . . .. If a majority of those voting vote in favor of any amendment, it shall become part of the Constitution . . ..” (Emphasis added)

[6] Art. VI § 1 VA Const., 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)

[7] Art. VI § 5 VA Const., 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).

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

                [9] Adam Smith, in Of the Expense of Justice, wrote, A[w]hen the judicial is united to the executive power, it is scarce possible that justice should not frequently be sacrificed to what is vulgarly called politics. The persons entrusted with the great interests of the state may even without any corrupt views, sometimes imagine it necessary to sacrifice to those interests the rights of a private man. But upon the impartial administration of justice depends the liberty of every individual, the sense which he has of his own security. In order to make every individual feel himself perfectly secure in the possession of every right which belongs to him, it is not only necessary that the judicial should be separated from the executive power, but that it should be rendered as much as possible independent of that power. . ..@ (Emphasis added)

                [10]  4 William Blackstone, Commentaries 140 at 141, discussing various English Common Law statutes providing for accountability and removal of judges for misbehavior and acts outside of the jurisdiction and judicial authority.

[11] Sir Edward Coke found that the Magna Carta restricted the power of judges from acting outside of their jurisdiction by making such proceedings void, and actionable,

[W]hen a Court has (a) jurisdiction of the cause, and proceeds inverso ordine or erroneously, there the party who sues, or the officer or minister of the Court who executes the precept or process of the Court, no action lies against them. But (b) when the Court has no jurisdiction of the cause, there the whole proceeding is [before a person who is not a judge], and actions will lie against them without any regard of the precept or process . . .  Id. 77 Eng. Rep. at 1038‑41. (Emphasis added)

                [12] At Common Law the doctrine of sovereign immunity does not apply for: (A) acts outside the scope of employment, Burnam v. West, 681 F. Supp. 1169, 1172 (E.D. Va. 1988); Tomlin v. McKenzie, 251 Va. 478, 468 S.E.2d 882 (1996); Fox v. Deese, 234 Va. 412, 422-25, 362 S.E.2d 699, 706 (1987); Messina v. Burden, 228 Va. 301, 321 S.E.2d 657 (1984); Crabbe v. School Bd., 209 Va. 356, 164 S.E.2d 639 (1968); Sayers v. Bullar, 180 Va. 222, 22 S.E.2d 9 (1942); Deeds v. DiMercurio, 30 Va. Cir. 532 (Albemarle County, 1991); (B) grossly negligent conduct, McLenagan v. Karnes, 27 F.3d 1002 (4th Cir. 1994); Glasco v. Ballard, 249 Va. 61, 452 S.E.2d 854 (1995); Meagher v. Johnson, 239 Va. 380, 389 S.E.2d 310 (1990); Messina v. Burden, 228 Va. 301, 310, 321 S.E.2d 657, 662 (1984); Frazier v. City of Norfolk, 234 Va. 388, 362 S.E.2d 688 (1987); Bowers v. Commonwealth, 225 Va. 245, 253, 302 S.E.2d 511 (1983); James v. Jane, 221 Va. 43, 53 (1980); (c) intentional torts, Tomlin v. McKenzie, 251 Va. 478, 468 S.E.2d (1996); Fox v. Deese, 234 Va. 412, 362 S.E.2d 699 (1987); Elder v. Holland, 208 Va. 15, 155 S.E.2d 369 (1967); Agyeman v. Pierce, 26 Va. Cir. 140 (Richmond 1991.; or (4) acts characterized as bad faith, Tomlin v. McKenzie, 251 Va. 478, 468 S.E.2d 882 (1996); Schnupp v. Smith, 249 Va. 353, 457 S.E.2d 42 (1995) (immunity lost by showing of malice in a slander action); Harlow v. Clatterbuck. 230 Va. 490, 339 S.E.2d 181 (1986).

                [13] “[T]he doctrine of sovereign immunity is ‘alive and well’ in Virginia.” Niese v. City of Alexandria, 264 Va. 230, 238, 564 S.E.2d 127, 132 (2002) (quoting Messina v. Burden).  “Sovereign immunity is a rule of social policy, which protects the state from burdensome interference with the performance of its governmental functions and preserves its control over state funds, property, and instrumentalities.” City of Virginia Beach v. Carmichael Dev. Co., 259 Va. 493, 499, 527 S.E.2d 778, 781 (2000); City of Chesapeake v. Cunningham, 604 S.E.2d 420, 426 (2004).

                [14] Consistent with the Common Law, which the laws of Virginia are grounded, there is no immunity from equitable and injunctive relief for acts outside of authority or jurisdiction,  Also, the General Assembly enacted the English Rule in Va. Code §8.01-195.3, to hold that a judge or government attorney had no immunity from tort suit for acts outside of his judicial capacity or jurisdiction (excluding tort relief but only for acts within “official capacity”).  Also, under VA Code §§ 18.2‑481 & 482, there is no immunity for a Class 2 felony to, “[resist] the execution of the laws under color of authority.  See also Robert Craig Waters, “Liability of Judicial Officers under Section 1983” 79 Yale L. J. (December 1969), pp. 326-27 and nn. 29-30).

[15] 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) See Martinez v. Lamagno and DEA, 515 U.S. 417 (1995) (under the Common Law Rodriguez argued and won before the United States Supreme Court reversal of the USCA for the 4th Circuit, to order a Common Law evidentiary hearing before a jury for acts outside the scope of employment.)

                [16] Pennsylvania Academy of Chiropractic Physicians v. Com., Dept of State, Bureau of Professional & Occupational Affairs, 129 Pa. Commw. 12, 564 A.2d 551 (1989) (under the Common Laws the defense of sovereign immunity inapplicable where petitioner sought declaration which would result in restraining state officials”), Franks v. Tucker, 132 Ill. App. 3d 455, 476 N.E.2d 1315 (1st Dist. 1985) (where suit brought under the Common Law against state officials seeks to compel them to perform their duty, it is not action against state).

                [17] Pierson v. Ray, 386 U.S. 547, 553-55 (1967) (holding that only for judicial acts within their jurisdiction do judges have absolute immunity under common law); Tenney v. Brandhove, 341 U.S. 367, 377 (1951) (holding that legislators under common law only have absolute immunity for acts within their legislative foundation). See also Associate Justice Marshal dissent in Briscoe v. Lahue, 460 U.S. 325, 346 (1983) (“The extension of absolute immunity conflicts fundamentally with the language and purpose of the statute. I would therefore be reluctant in any case to conclude that § 1983 incorporates common-law tort immunities that may have existed when Congress enacted the statute in 1871.”).

                [18] See Katia Gutierrez de Martínez v. Lamagno and DEA, 115 S.Ct. 2227 (1995) (Rehnquist dissenting) (Mr. Rodriguez argued and won a Common Law action before the U.S. Supreme Court holding that there was a right to an evidentiary hearing before a jury on the alleged acts of federal government employees outside the scope of employment (https://www.oyez.org/advocates/isidoro_rodriguez).

                [19] The U.S. Supreme Court itself has acknowledged that a state court may grant equitable relief to redress state constitutional rights under circumstances where a federal court must deny injunctive relief. Wood v. Strickland, 420 U.S. 308, 314 n.6 (1975) (“immunity [of public officials] from damages does not ordinarily bar equitable relief as well”); Edelman v. Jordan, 415 U.S. 651 (1974) (eleventh amendment bars suit for accrued monetary liability); Exparte Young, 209 U.S. 123 (1908) (eleventh amendment does not bar prospective injunctive relief).

                [20] In Sayers v. Bullar, 180 Va. at 229 and 230, 22 S.E.2d at 12 and 13 (1942), it was held that sovereign immunity should be extended only whenever government entities, officials, or employees were “acting legally within the scope of their employment.” Thus, relief for Rodriguez would only require proof (and allegation) of some act done by government entities, officials or employee outside the scope of legislative authority, scope of judicial authority, scope of employment in violation of the VA Const.  or some act within the scope of authority but performed so negligently that it can be said that its negligent performance takes him who did it outside the protection of his employment.

                [21] Definition of res judicata: a matter finally decided on its merits by a valid court having constitutional judicial authority and competent jurisdiction, is not subject to litigation again between the same parties. The General Assembly and the Governor have not been previously sued.

[22]In Collins v. Shepherd, 274 Va. 390 (2007), it was held that: AAn 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. Russr and Triangle Assocs., L.L.C., 270 Va. 21, 26‑27 (2005).  The VSBDB lack of judicial authority and jurisdiction to enter an order as a lower court under any of these circumstances renders the order a complete nullity and it may be Aimpeached directly or collaterally by all persons, anywhere, at any time, or in any manner.@  Barnes v. Am. Fertilizer Co., 144 Va. 692, 705 (1925).

                [23] The New York Court of Appeals in Brown v. State, 674 N.E.2d 1129 (N.Y. 1996), reasoned that holding the entity as well as the individual liable would best deter deprivations of state constitutional rights.  The court noted, that the government’s its power is limited by rights enshrined in the state constitution:

                [N]o government can sustain itself, much less flourish, unless it affirms and reinforces the fundamental values that define it by placing the moral and coercive powers of the State behind those values. When the law immunizes official violations of substantive rules because the cost or bother of doing otherwise is too great, thereby leaving victims without any realistic remedy, the integrity of the rules and their underlying public values are called into question.’ Id. At 1144.

                [24] As explained at 16 Am Jur 2d, Sec 177 late 2d, Sec 256:  The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:

                The General rule is that an unconstitutional statute, though having the form and name of law is, in reality, no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.

                Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it…  A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the lend, it is superseded thereby.  No one Is bound to obey an unconstitutional law, and no courts are bound to enforce it.

[25]The U.S. Supreme Court’s legislative behavior through rule making is more fully documented in Gary S. Gildin, The Supreme Court’s Legislative Agenda to Free Government from Accountability for Constitutional Deprivations, 114 PENN ST. L. Rev. 1333 (2010).

← Older posts

Subscribe

  • Entries (RSS)
  • Comments (RSS)

Archives

  • March 2021
  • July 2020
  • April 2020
  • February 2020
  • January 2020
  • September 2019
  • August 2019
  • June 2019
  • May 2019
  • January 2019
  • December 2018
  • November 2018
  • June 2018
  • May 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • September 2017
  • July 2017
  • May 2017
  • January 2017
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • March 2016
  • February 2016

Categories

  • 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
  • Federal Criminal Complaint for Misprison of a Felony
  • Impunity in violation of the Common Law
  • Uncategorized
  • Violation of the Doctrine of Federalism

Meta

  • Register
  • Log in

Blog at WordPress.com.

  • Follow Following
    • 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
    • Already have a WordPress.com account? Log in now.
    • 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
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar