Chapter 4: CLCTM

 

                                           Chapter 4: CLCTM

 

 

After gathering his case, a Plaintiff must then seek the aid of a Common Law Court and its officers. Such a Court can be brought into being by publishing a Notice of Claim of Right (see Appendix B, “Court Documents”), which is a public declaration calling for the assistance of the community in the asserting of the Plaintiff’s right under Natural Justice to have his case heard through the Common Law, by way of a jury of his neighbors and peers.

Such a Notice can be published in local newspapers or simply notarized and posted in a prominent public location, like a town hall or library.

Step Three – Forming a Common Law Court

Within 24 hours of the issuing of such a Notice of Claim of Right, any twelve citizens of a community can constitute themselves as a Common Law Court and its jury, and must then appoint the following Court Officers from their ranks:

- a Court Adjudicator, to advise and oversee the Court

- a Public or Citizen Prosecutor to conduct the case; this person is normally the Plaintiff himself or someone he authorizes to advise but not represent him

- a Defense Counsel to advise but not represent the accused

- a Court Sheriff, either elected from the community or delegated from among existing peace

officers
- Bailiffs, a Court Registrar and a Court Reporter

It is assumed that people with knowledge of the Common Law and legal procedure will act in these capacities. And, as mentioned, a Common Law Magistrate or Justice of the Peace may also initiate this formation of a Common Law Court.

Step Four – Swearing in and Convening the Jury and Court Officers: Oaths of Office

Upon the appointment of these Court Officers, the Adjudicator (a Justice of the Peace or a comparable Magistrate) will formally convene the Court by taking and administering the following Oath of Common Law Court Office to all of the Court officers:

I (name) will faithfully perform my duties as an officer of this Common Law Court according to the principles of Natural Justice and Due Process, acting at all times with integrity, honesty and lawfulness. I recognize that if I fail to consistently abide by this Oath I can and will be removed from my Office. I make this public Oath freely, without coercion or ulterior motive, and without any mental reservation.

After taking this oath, the Jury members, Court Counselors, Sheriffs, Bailiffs and Reporter will then convene and receive instructions from the Adjudicator concerning the case. The Adjudicator is not a presiding Judge or Magistrate but an advisor to the Court, and has no power to influence,

direct or halt the actions or the decisions of the Jury or other Court officers, except in the case of a gross miscarriage of justice or negligence on the part of other Court officers. Thus, the Court is self-regulating and dependent on the mutual respect and governance of all the Court officers and the Jury.

Step Five – Pre-Trial Conference

The Adjudicator brings together both parties in a pre-trial conference in an attempt to settle the case prior to a trial. If a settlement is not achieved, both parties must then engage in a mandatory Examination of Discovery, in which the evidence and counter-evidence and statements of both sides will be presented. After a period of not more than one week, this pre-trial conference will conclude and the trial will commence.

Step Six – Issuing of Public Summonses

No person or agency may be lawfully summoned into Common Law Court without first receiving a complete set of charges being brought against them and a formal Notice to Appear, or Writ of Public Summons. Such a Summons outlines the exact time, date and address when and where the trial will commence.

The Public Summons is applied for by the Plaintiff through the Court Registrar. The Summons will be issued under the signature of the Court Adjudicator and delivered to the Defendant by the Court Sheriff within 24 hours of its filing in the Court Registry by the Plaintiff. The Sheriff must personally serve the Defendant, or post the Summons in a public place and record the posting if the Defendant avoids service.

The Defendant has seven days to appear in Court from the date of service.

Step Seven – The Trial Commences: Opening Arguments

After an introduction by the Adjudicator, the trial commences with opening arguments by first the Plaintiff or Prosecutor, and then the Defendant. The Adjudicator and both Counselors will then have the chance to question either parties for clarification, and to make motions to the Court if it is apparent that the proceedings can be expedited.

Note: Step Seven can still occur even if one side, usually the Defendant, is not present in Court and refuses to participate. Such a trial, being conducted “in absentia”, remains a legitimate legal procedure once the Defendant is given every opportunity to appear and respond to the charges and evidence against him. An In absentia trial will commence with the Plaintiff presenting his opening argument followed by his central case. The Court-appointed Defense Counsel will then be given the chance to argue on behalf of the absent Defendant, if that is the wish of the latter.

It is often the case that a non-response or non-appearance by the Defendant can result in the Adjudicator advising the Jury to declare a verdict in favor of the Plaintiff, on the grounds that the Defendant has tacitly agreed with the case against himself by not disputing the evidence or charges, and by making no attempt to appear and defend his own good name in public.

Step Eight – The Main Proceedings

Assuming the proceedings are not being conducted in absentia and the Defendant is present, the main proceedings of the trial then commence with the Plaintiff’s presentation of the details of his evidence and argument against the Defendant, who can then respond. The Plaintiff may be assisted by the Citizen Prosecutor.

After his presentation, the Plaintiff is then cross-examined by the Defendant or his advising Counsel.
Following cross-examination, the Defendant presents his case, with or without his advising Counselor, and in turn is cross-examined by the Plaintiff or the Citizen Prosecutor.

Step Nine – Closing Summaries and Arguments to the Jury and final advice by the Adjudicator

After the main proceedings, the Adjudicator has the chance to further question both parties in order to give final advice to the Jury. The Plaintiff and then the Defendant then have the right to give their closing summary and argument to the Court. The Adjudicator closes with any final comments to the Jury.

Step Ten – The Jury retires to deliberate

The Court is held in recess while the twelve citizen jury members retire to come to a unanimous verdict and a sentence, based on their appraisal of all the evidence. There is no time restriction on their deliberations, and during that time, they are not allowed contact with anyone save the Court Bailiff, who is their guard and escort. The Jury’s verdict and sentence must be consensual, non-coerced, and unanimous.

Step Eleven – The Jury issues its unanimous verdict and sentence

The Court is reconvened after the Jury has come to a verdict. If the jurors are not in complete unanimity concerning the verdict, the defendant is automatically declared to be innocent. The Jury spokesman, chosen from among them by a vote, announces the verdict to the Court, and based on that verdict, the final sentence is also declared by the Jury.

Step Twelve – The Court adjourns and the Sentence is enforced

Following the announcement of the Verdict and Sentence, the Adjudicator either frees the Defendant or affirms and authorizes the decision of the Jury in the name of the community and its Court, and instructs the Sheriff to enforce that sentence. The Adjudicator then dismisses the Jury and formally concludes the trial proceedings, and the Court is concluded. The entire record of the Court proceedings is a public document, accessible to anyone, and can in no way be withheld, altered or compromised by the Adjudicator or any other party.

A Note on Common Law Enforcement: It is understood that every able bodied citizen is obligated and empowered by Natural Law to assist the Court Sheriff and his Deputies in