power of attorney 2010 va. code & statesmanship in our constitution

8/2/2019 POWER of ATTORNEY 2010 Va. Code & Statesmanship in OUR Constitution

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I,_____________________, residing in_____________, Virginia, in accordance with the

2010 additions to Virginia Code 26-72. Uniform Powe r of Attorney Act. and

26-82. Coagents and successor agents. hereby appoint __________________________

of _________________________________ as my attorney - in - fact ("Agent")

to exercise the powers and discretions described below, and expect acceptance, or

26-91. Liabil i ty for refusal to acc ept acknowledged power of at torney.

My Agent or Agents shall have full power and authority to act on my behalf, while I

reserve my right to act on my own behalf whenever I so elect. My Agents powers shall

include the powers defined in 26-97. Construction of authority generally.,

26-106. Claims and litigation.,and 26-107.Personal and family maintenance., or also,

8.01-8. How minors may sue.Any minor entitled to sue may do so by his next friend.Either

or both parents may sue on behalf of a minor as his next friend.(Code 1950, 8-87; 1977, c. 617; 1998, c.402.)

1. To serve as Advocate, Mediator, or Counselor, as attorney, to institute, supervise,

prosecute, defend, intervene in, abandon, compromise, arbitrate, settle, dismiss, and

appeal from any and all legal, equitable, judicial or administrative hearings, actions,

suits, proceedings, attachments, arrests or distresses, involving me in any way, and in

my behalf speak for me in open Court, in Judges chambers, or Clerks offices, and

2. To prepare, sign, and file documents with any governmental body or agency, to

include with a Special Grand Jury as in 19.2-209. Presence of counsel for a witness.

Any witness appearing before a special grand jury shall have the right to havecounsel of his own procurement present when he testifies. Such counsel shallhave the right to consult with and advise the witness during his examination, butshall not have the right to conduct an examination of his own of the witness.(1975, c. 495.)

I hereby grant to my Agent the full right, power, and authority to do every act, deed,

and thing necessary or advisable to be done regarding the above powers, as fully as I

could do if personally present and acting, and when I am present, as I request.

This Power of Attorney shall become effective immediately. This Power of Attorney

may be revoked by me at any time by providing written notice to my agent.

Dated__________________________ ______________________________

(Citizen Name & Signature)

POWER OF ATTORNEY (2010 Code of Virginia 26-72) and Statesmanship in our Constitution

with key Code of Virginia sections, VsC Rules, and historical notes provided 1

Amos 5:15: "Hate evil and love the good. Remodel your Courts into True halls of Justice."


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Notary

I, _________________________, a Notary Public for the County of________________,

in the Commonwealth of Virginia aforesaid, did hereby witness ___________________

sign and give Power of Attorney as indicated above bearing the date of________20___

and did hear_________________________, the named Citizen with Power of Attorney,

swear the Oath required of a Virginia attorney (as shown below, modified slightly.)

My commission expires__________________ ______________________________



55-106. When and where writings admitted to record.

Except when it is otherwise provided, the circuit court of any county or city, or the clerk of any such

court, or his duly qualified deputy, in his office, shall admit to record any such writing as to any

person whose name is signed thereto with an original signature, except as provided in 55-113, when

it shall have been acknowledged by him, or proved by two witnesses as to him in such court, or before

such clerk, or his duly qualified deputy, in his office, or the manner prescribed in Articles 2 ( 55-113

et seq.), 2.1 ( 55-118.1 et seq.), and 3 ( 55-119 et seq.) of this chapter. When such writing is signed by

a person acting on behalf of another, or in any representative capacity, the signature of such

representative may be acknowledged or proved in the same manner.

(Code 1919, 5204; 1972, c. 130; 1994, c. 554.)

The Virginia State Bar may license or certify an attorney, but the sovereign Citizen authorizes.

Do you solemnly swear or affirm that you will supportthe (this) Constitution of (for) the United States (of America) and

the Constitution of the Commonwealth of Virginia,and that you will faithfully, honestly, professionally,

and courteously demean yourself in the practice of law andexecute youroffice of(duties as) attorney at law to the best of your ability,

so help you God?

Per conversation with public servants of the Office of the Clerk, Virginia supreme Court and CitizenHerb Lux on 16 March in the Year of Our Lord 2011, above is the Oath administered to attorneys beingsworn in to the practice of law before the Courts of Virginia (slightly modified for more accuracy).

26-76. Execution of power of attorney.

A power of attorney shall be signed by the principal or in the principal's conscious presence by another

individual directed by the principal to sign the principal's name on the power of attorney. A signature

on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a

notary public or other individual authorized by law to take acknowledgments. A power of attorney in

order to be recordable shall satisfy the requirements of 55-106. (2010, cc. 455, 632.)
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AGENT'SCERTIFICATIONASTOTHEVALIDITYOFPOWEROF ATTORNEYANDAGENT'SAUTHORITYStateof ....................County/Cityof .................I, ....................(NameofAgent),certifyunderpenaltyofperjurythat ....................(NameofPrincipal)grantedmeauthorityasanagentorsuccessoragentinapowerofattorneydated ....................Ifurthercertifythattomyknowledge:(1)ThePrincipalisaliveandhasnotrevokedthepowerofattorney ormyauthoritytoactunderthepowerofattorneyandthepowerofattorneyandmyauthoritytoactunderthepowerofattorneyhavenot terminated;(2)Ifthepowerofattorneywasdraftedtobecomeeffectiveuponthehappeningofaneventorcontingency,theeventorcontingencyhasoccurred;(3)IfIwasnamedasasuccessoragent,theprioragentisnolongerableorwillingtoserve;and(4) Per John Bouvier's Law Dictionary http://www.constitution.org/bouv/bouvier.htm

paragraph 4. The form of his appointment is by letter of attorney. (q. v.),

therefore, this Agents Certification is also a Letter of Attorney.

(5) ...........(Insertotherrelevantstatements)SIGNATUREANDACKNOWLEDGMENT

.................... ....................Agent'sSignature Date....................

Agent'sNamePrinted....................

....................

Agent'sAddress....................

Agent'sTelephoneNumber

Thisdocumentwasacknowledgedbeforemeon ...................., (Date)by ................. (NameofAgent)....................

....................

SignatureofNotaryMycommissionexpires: ....................(Seal,ifany)NotaryRegistrationNumber: ....................Thisdocumentpreparedby:....................(2010, cc. 455, 632.)

26-113. Agent's certification.

The following optional form may be used by an agent to certify facts concerning a power of

attorney.


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26-91. Liability for refusal to accept acknowledged power of attorney.

A. Except as otherwise provided in subsection B:

1. A person shall either accept an acknowledged power of attorney or request a certification, a

translation, or an opinion of counsel under subsection C of 26-90 no later than seven business

days after presentation of the power of attorney for acceptance;

2. If a person requests a certification, a translation, or an opinion of counsel under subsection C

of 26-90, the person shall accept the power of attorney no later than five business days after

receipt of the certification, translation, or opinion of counsel; and

3. A person may not require an additional or different form of power of attorney for authority

granted in the power of attorney presented.

B. A person is not required to accept an acknowledged power of attorney for a transaction if:

1. The person is not otherwise required to engage in the transaction with the principal in the

same circumstances, or the principal has otherwise relieved the person from an obligation to

engage in the transaction with an agent representing the principal under a power of attorney;

2. Engaging in the transaction with the agent or the principal in the same circumstances wouldbe inconsistent with federal law;

3. The person has actual knowledge of the termination of the agent's authority or of the power of

attorney before exercise of the power;

4. A request for a certification, a translation, or an opinion of counsel under subsection C of

26-90 is refused;

5. The person in good faith believes that the power is not valid or that the agent does not have

the authority to perform the act requested, whether or not a certification, a translation, or an

opinion of counsel under subsection C of 26-90 has been requested or provided; or

6. The person makes, or has actual knowledge that another person has made, a report to the localadult protective services department or adult protective services hotline stating a good faith

belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or

abandonment by the agent or a person acting for or with the agent.

C. A person that refuses in violation of this section to accept an acknowledged power of attorney

is subject to:

1. A court order mandating acceptance of the power of attorney; and

2. Liability for reasonable attorney fees and costs incurred in any action or proceeding that

confirms the validity of the power of attorney or mandates acceptance of the power of attorney.

D. For purposes of this section, "business day" shall refer to any day other than Saturday,Sunday or any day designated as a holiday by the Commonwealth of Virginia or the federal

government.

(2010, cc. 455, 632.)

The Supreme Law of the Land, this Constitution for the United States of America was drafted by the

brilliant Graduate Student of Theology under Princetons Rev. John Witherspoon, the giant of a man,

little Jamey Madison, under the guidance of the Distinguished Professor of Statesmanship, the father of

His country, George Washington, a surveyor, soldier, and farmer. Neither were lawyers. The point is that

our Law did not require a lawyer to be enacted, to be applied in daily life, or to be defended from in Court.
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26-97. Construction of authority generally.

Except as otherwise provided in the power of attorney, by executing a power of attorney that

incorporates by reference a subject described in 26-98 through 26-111 or that grants to an agent

authority to do all acts that a principal could do pursuant to subsection C of 26-95, a principal

authorizes the agent, with respect to that subject, to:

1. Demand, receive, and obtain by litigation or otherwise, money or another thing of value to

which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or

use anything so received or obtained for the purposes intended;

2. Contract in any manner with any person, on terms agreeable to the agent, to accomplish a

purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or

modify the contract or another contract made by or on behalf of the principal;

3. Execute, acknowledge, seal, deliver, file, or record any instrument or communication the

agent considers desirable to accomplish a purpose of a transaction, including creating at any

time a schedule listing some or all of the principal's property and attaching it to the power of

attorney;4. Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or

accept a compromise with respect to a claim existing in favor of or against the principal or

intervene in litigation relating to the claim;

5. Seek on the principal's behalf the assistance of a court or other governmental agency to carry

out an act authorized in the power of attorney;

6. Engage, compensate, and discharge an attorney, accountant, discretionary investment

manager, expert witness, or other advisor;

7. Prepare, execute, and file a record, report, or other document to safeguard or promote the

principal's interest under a statute or regulation;

8. Communicate with any representative or employee of a government or governmental

subdivision, agency, or instrumentality, on behalf of the principal;

9. Access communications intended for, and communicate on behalf of the principal, whether by

mail, electronic transmission, telephone, or other means; and

10. Do any lawful act with respect to the subject and all property related to the subject.

(2010, cc. 455, 632.)

The first of the Bill of Rights, the First Amendment to this Constitution for the United States of

America, says, Congress shall make no law respecting an establishment of religion, or prohibitingthe free exercise thereof; or abridging the freedom of speech, or of the press, or of the right of the

people peaceably to assemble, andto petition the Government for redress of grievances.

Citizens who peaceably assemble as Christians seek to live and serve in the likeness of Jesus Christ, who

was known by many descriptives, including Advocate, Mediator, and Counselor, that are also

words used to describe attorneys. For any judge or magistrate to bar one Christian from serving as an

advocate, mediator, or counselor, as an attorney authorized by another Christian, is a violation of the free

exercise of the Christian faith of both Citizens in a petition to the Government for redress of grievances.
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26-106. Claims and litigation.

Unless the power of attorney otherwise provides, language in a power of attorney granting

general authority with respect to claims and litigation authorizes the agent to:

1. Assert and maintain before a court or administrative agency a claim, claim for relief, cause of

action, counterclaim, offset, recoupment, or defense, including an action to recover property or

other thing of value, recover damages sustained by the principal, eliminate or modify tax

liability, or seek an injunction, specific performance, or other relief;

2. Bring an action to determine adverse claims or intervene or otherwise participate in litigation;

3. Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or

intermediate relief and use an available procedure to effect or satisfy a judgment, order, or

decree;

4. Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an

agreed statement of facts, consent to examination, and bind the principal in litigation;

5. Submit to alternative dispute resolution, settle, and propose or accept a compromise;6. Waive the issuance and service of process upon the principal, accept service of process,

appear for the principal, designate persons upon which process directed to the principal may be

served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek

appellate review, procure and give surety and indemnity bonds, contract and pay for the

preparation and printing of records and briefs, receive, execute, and file or deliver a consent,

waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other

instrument in connection with the prosecution, settlement, or defense of a claim or litigation;

7. Act for the principal with respect to bankruptcy or insolvency, whether voluntary or

involuntary, concerning the principal or some other person, or with respect to a reorganization,

receivership, or application for the appointment of a receiver or trustee that affects an interest ofthe principal in property or other thing of value;

8. Pay a judgment, award, or order against the principal or a settlement made in connection with

a claim or litigation; and

9. Receive money or other thing of value paid in settlement of or as proceeds of a claim or

litigation.

(2010, cc. 455, 632.)

Note: Not noticed by most legal observers, whether lawyers, judges, or scholars, is that in

Article III ofthis Constitution for the United States of America, the Founding Fathers wisely wrote:Section. 1. The judicial Power of the United States, shall be vested in one supreme Court,

and in other such inferior Courts as the Congress may from time to time ordain and establish.

To differentiate, another wise Founding Father, Thomas Jefferson in ourDeclaration of Independence,

wrote:

The small yet very significant point in differentiation is the Supreme Judge was written with a Capital S,

whereassupreme Courtwas written with a lower cases, that may imply thesupreme Courtis an

inferior Courtto the Supreme Judge of the world, thus the Virginia supreme Court is abbreviated VsC.
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26-107. Personal and family maintenance.

A. Unless the power of attorney otherwise provides, language in a power of attorney granting

general authority with respect to personal and family maintenance authorizes the agent to:

1. Perform the acts necessary to maintain the customary standard of living of the principal, the

principal's spouse, and the following individuals, whether living when the power of attorney is

executed or later born:

a. [Reserved.]

b. The individuals legally entitled to be supported by the principal; and

c. The individuals whom the principal has customarily supported or indicated the intent to

support;

2. Make periodic payments of child support and other family maintenance required by a court or

governmental agency or an agreement to which the principal is a party;

3. Provide living quarters for the individuals described in subdivision A 1 by:

a. Purchase, lease, or other contract; or

b. Paying the operating costs, including interest, amortization payments, repairs, improvements,

and taxes, for premises owned by the principal or occupied by those individuals;

4. Provide normal domestic help, usual vacations and travel expenses, and funds for shelter,

clothing, food, appropriate education, including postsecondary and vocational education, and

other current living costs for the individuals described in subdivision A 1;

5. Pay expenses for necessary health care and custodial care on behalf of the individuals

described in subdivision A 1;

6. Act as the principal's personal representative pursuant to the Health Insurance Portability and

Accountability Act, 1171 through 1179 of the Social Security Act, 42 U.S.C. 1320d, as

amended, and applicable regulations, in making decisions related to the past, present, or futurepayment for the provision of health care consented to by the principal or anyone authorized

under the law of the Commonwealth to consent to health care on behalf of the principal;

7. Continue any provision made by the principal for automobiles or other means of

transportation, including registering, licensing, insuring, and replacing them, for the individuals

described in subdivision A 1;

8. Maintain credit and debit accounts for the convenience of the individuals described in

subdivision A 1 and open new accounts; and

9. Continue payments incidental to the membership or affiliation of the principal in a religious

institution, club, society, order, or other organization or to continue contributions to those

organizations.B. Authority with respect to personal and family maintenance is neither dependent upon, nor

limited by, authority that an agent may or may not have with respect to gifts under this act.

(2010, cc. 455, 632.)

On 24 May in the Year of Our Lord Jesus 2010, at James Madison University in Harrisonburg, Virginia, the author ofOriginal Intent, a treatise on the Founding Fathers meaning in this Constitution for the United States of America spoketo a conference of clergy where David Barton stated that the body of law in America has become so vast that at the rateof 700 pages per week, it would take a Citizen over 200 years to read the law. Therefore, no matter how devoted ordiligent one may be, there is NO lawyer and NO judge who knows the law.Therefore, a Jury of Citizens is best tohear the law as written, present and past, relate the law to the facts of the case and rule to advance Justice in the Courts.
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Note: Far too often Virginia judges or the Virginia State Bar, after a complaint by a Bar member, will

threaten a Citizen with Prosecution for Unauthorized Practice of Law, and will cite Virginia Code section:

54.1-3904. Penalty for practicing without authority. Any person who practices law without being authorizedor licensed shall beguilty of a Class 1 misdemeanor (NOTE: The conjunctive word is or, NOT and.)

A Citizen is authorized by Virginia Code 26-72. Uniform Power of Attorney Act. to serve

another Citizen in the capacity of an attorney, or agent, without being a member of the Virginia

State Bar. This is not in conflict with the practice of law that is a four part test defined by

Virginia supreme Court Rules Section I. Unauthorized Practice Rules and Considerations.

PRACTICE OF LAW IN THE COMMONWEALTH OF VIRGINIA (p. 347, 2002 Michie edition)

(B) Definition of the Practice of Law. -- The principles underlying a definition of the practice of

law have been developed through the years in social needs and have received recognition by the

courts. It has been found necessary to protect the relation of attorney and client from abuses.

Therefore it is from the relation of attorney and client that any practice of law must be derived. The relation of attorney and client is direct and personal, and a person, natural or artificial,who undertakes the duties and responsibilities of an attorney is nevertheless practicing law

through such person may employ others to whom may be committed the actual performance of

such duties. The gravity of the consequences to society resulting from abuses of this relation demands thatthose assuming to advise or represent others shall be properly trained and educated, and be subject

to a peculiar discipline. That fact, and the necessity for protection of society in its affairs and in

the ordered proceedings of its tribunals, have developed the principles which serve to define the

practice of law. Generally, the relation of attorney and client exists, and one is deemed to be practicing lawwhenever he furnishes to another advice or service under circumstances which imply hispossession and use of legal knowledge or skill. Specifically, the relation of attorney and client exists, and one is deemed to be practicing lawwhenever -- (1) One undertakes for compensation, direct or indirect, to advise another, not his regular

employer, in any matter involving the application of legal principles to facts or purposes or

desires. (2) One, other than as a regular employee acting for his employer, undertakes, with orwithout compensation, to prepare for another legal instruments of any character, other than

notices or contracts incident to the regular course of conducting a licensed business. (3) One undertakes, with or without compensation, to represent the interest of anotherbefore any tribunal -- judicial, administrative, or executive -- otherwise in the presentation offacts, figures, or factual conclusions, as distinguished from legal conclusions, by any

employee regularly and bona fide employed on a salary basis, or by one specially employed

as an expert in respect to such facts and figures when such representation by such employee

or expert does not involve the examination of witnesses or preparation of pleadings. (4) One holds himself or herself out to another as qualified or authorized to practice lawin the Commonwealth of Virginia.

As written, this four part test requires action in all four parts to be defined as in the practice of law.Separately, there is the question of Authorized versus Unauthorized Practice of Law, where a

Citizen has the Right (under Virginia Code 26-72 and 26-82) to authorize any other Citizen.


9/23

The United States Department of Justice AND the Federal Trade Commission states, in part:

...The Department of Justice and Federal Trade Commission ("FTC") areconcerned that the proposal is not in the best interest of consumers,as it would prevent non-

lawyers from providing services in competition with lawyers in situations where there is no

clear demonstration that non-lawyer services would actually harm consumers. ...

...The United States Supreme Court has observed that "ultimately competition willproduce not only lower prices, but also better goods and services. 'The heart of our national

economic policy long has been faith in the value of competition.'"(1) Competition benefits

consumers of both traditional manufacturing industries and professional services.(2)

Restraining competition, in turn, can force consumers to pay increased prices or to accept

goods and services of poorer quality...

...The Justice Department and the FTC are concerned about increasing efforts to prevent

non-lawyers from competing with attorneys in providing certain services through the

adoption of excessively broad unauthorized practice of law rules and opinions by state

courts and legislatures.



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10/23



John Bouvier's Law Dictionary http://www.constitution.org/bouv/bouvier.htm

Adapted to the Constitution and laws of the United States of America and of the several states of the American union.

ATTORNEY. One who acts for another by virtue of an appointment by the latter. Attorneys are of various kinds.

2. Attorney in fact. A person to whom the authority of another, who is called the constituent, is by him lawfully delegated.This term is employed to designate persons who act under a special agency, or a special letter of attorney, so that they are

appointed in factum, for the deed, or special act to be performed; but in a more extended sense it includes all other agents

employed in any business, or to do any act or acts in pais for another. Bac. Ab. Attorney; Story, Ag. 25.

3. All persons who are capable of acting for themselves,and even those who are disqualified from acting in their own

capacity, if they have sufficient understanding, as infants of a proper age and femes coverts, may act as attorneys of others.

Co. Litt. 52, a; 1 Esp. Cas. 142; 2 Esp. Cas. 511 2 Stark. Cas. N. P. 204.

4. The form of his appointment is by letter of attorney. (q. v.)

5. The object of his appointment is the transaction of some business of the constituent by the attorney.

6. The attorney is bound to act with due diligence after having accepted the employment, and in the end, to 'render an

account to his principal of the acts which be has performed for him. Vide Agency; Agent; Authority; and Principal.

7. Attorney at law. An officer in a court of justice, who is employed by a party in a cause to manage the same for him.Appearance by an attorney has been allowed in England, from the time of the earliest records of the courts of that country.

They are mentioned in Glanville, Bracton, Fleta, and Britton; and a case turning upon the party's right to appear by attorney, is

reported, B. 17 Edw. III., p. 8, case 23. In France such appearances were first allowed by letters patent of Philip le Bel, A. D.

1290. 1 Fournel, Hist. des Avocats, 42; 43, 92, 93 2 Loisel Coutumes, 14, 15. It results from the nature of their functions, and

of their duties, as well to the court as to the client, that no one can, even by consent, be the attorney of both the litigating

parties, in the same controversy. Farresly, 47.

8. In some courts, as in the supreme court of the United States, advocates are divided into counsellors at law, (q. v.) and

attorneys. The business of attorneys is to carry on the practical and formal parts of the suit. 1 Kent, Com. 307. See as to their

powers, 2 Supp. to Ves. Jr. 241, 254; 3 Chit. Bl. 23, 338; Bac. Ab. h. t.; 3 Penna. R. 74; 3 Wils. 374; 16 S. & R. 368; 14 S. & R.

307; 7 Cranch, 452; 1 Penna. R. 264. In general, the agreement of an attorney at law, within the scope of his employment, binds

his client; 1 Salk. 86 as to amend the record, 1 Binn. 75; to refer a cause 1 Dall. Rep. 164; 6 Binn. 101; 7 Cranch, 436; 3 Taunt.

486; not to sue out a writ of error; 1 H. Bl. 21, 23 2 Saund. 71, a, b; 1 Term Rep. 388 to strike off a non pros; 1 Bin. 469-70 to

waive a judgment by default; 1 Arcb. Pr. 26; and this is but just and reasonable. 2 Bin. 161. But the act must be within the

scope of their authority. They cannot, for example, without special authority, purchase lands for the client at sheriff's sale. 2 S.

& R. 21 11 Johns. 464.

9. The name of attorney is given to those officers who practice in courts of common law; solicitors, in courts. of equity and

proctors, in courts of admiralty, and in the English ecclesiastical courts.

10. The principal duties of an attorney are, 1. To be true to the court and to his client; 2. To manage the business of his

client with care, skill and integrity. 4 Burr. 2061 1 B. & A. 202; 2 Wils. 325; 1 Bing. R. 347; 3. To keep his client informed

as to the state of his business; 4. To keep his secrets confided to him as such. See Client Confidential Communication.

11. For a violation of his duties, an action will in general lie; 2 Greenl. Ev. 145, 146; and, in some cases, he may be punished

by an attachment. His rights are, to be justly compensated for his services. Vide 1 Keen's R. 668; Client; Counsellor at law.

12. Attorney-general of the United States, is an officer appointed by the president. He should be learned in the law, and be

sworn or affirmed to a faithful execution of his office.

13. His duties are to prosecute and conduct all suits in the supreme court, in which the United States shall be concerned; and

give his advice upon questions of law, when required by the president, or when requested by the heads of any of the

departments, touching matters that may Concern their departments. Act of 24th Sept. 1789.

14. His salary is three thousand five hundred dollars per annum, and he is allowed one clerk, whose compensation shall not exceed

one thousand dollars per annum. Act 20th Feb. 1819, 3 Story's Laws, 1720, and Act 20th April, 1818, s. 6, 3 Story's Laws, 1693.

By the act of May 9, 1830, 4 Sharsw. cont. of Story, L. U. S. 2208, 10, his salary is increased five hundred dollars per annum.
http://www.constitution.org/bouv/bouvier.htmhttp://www.constitution.org/bouv/bouvier.htmhttp://www.constitution.org/bouv/bouvier.htmhttp://www.constitution.org/bouv/bouvier.htm


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An Essay, or Argument, in Favor of non-Bar Attorney Citizens serving to assist or represent other Citizens.

Your Honor, may it please this honorable Court. In Virginia we have the honored tradition of Patrick Henry,

one of Americas finest lawyers ever, who never attended law school, nor was a member of the Virginia State

Bar, for it did not then exist. While there is no monument to Patrick Henry on the Washington Mall, there is

the Lincoln Memorial, yet another lawyer who never attended law school, nor was a member of the Bar.The Bar in Virginia was formed in 1938 under the Franklin Delano Roosevelt President for Life dynasty, an era,

and error of ego that was prevented from recurrence by the 22nd Restore the Washington Standard Amendment.

Patrick Henry became famous for defending various clergy for preaching without a license, in Culpeper,

and by legend, also in Alexandria for the Baptist pastor Jeremiah Moore, who received a sizeable donation

from President Jefferson to his church on Washington Street in Alexandria, then in the District of Columbia.

So much for President Jefferson being an Advocate for Separation of Church and State. Today, truly the

separation between Gods Law (the Church) and Mans Law (the Court) is not a high wall but a narrow alley.

In the Professional field of Preacher, or Pastor, a Citizen may attend the seminary, or a Bible college, to gain

the knowledge to practice Gods Law, and to represent God the Father, God the Son (Jesus) and God theHoly Spirit to the people, so the Love and Law of God is written into the hearts of man, woman and child.

Yet a Citizen is not REQUIRED to attend seminary or Bible college to be licensed to preach, indeed, a

Citizen may preach without a Government license, as did Jesus, with only a license or call from God.

Indeed many of the finest preachers in history were self-trained by daily reading of Gods Law in Gods Word.

While some in the modern Legal Profession may disdain or even denigrate Gods Law as equivalent or

even Supreme over the laws of Man, that is a debate where the facts are better decided by a Jury, an agency

of the Judicial Branch that bans practicing members of the Bar from service in its ranks, so to assure that

Justice is served in its verdicts. The implication of that ban of Bar members so to serve Justice is curious.

In the Professional field of Healing, a Citizen may authorize a Faith Healer, or a licensed Medical Doctor,or a Chiropractic Doctor, or an Osteopathic Doctor, or a Naturopathic Doctor, or a Acupuncture Doctor,

many of which categories of the Healing Profession are licensed by the Government, yet any category is

authorized by the Citizen exercising his or her own free will, and living, or dying with the consequences

of the decision. The issue is the Government has not established a monopoly in the Healing Profession.

It is estimated that only about 20 per cent of Medical Doctors belong to the AMA - American Medical

Association, counterpart to the ABA - American Bar Association. It is not a mandatory union membership.

Likewise in the Professional field of Education, a Citizen may elect to be served by a government licensed

teacher at a government funded school, or at a private school, or a parochial or church school, or in a home

school. Again the issue is the Government has not established a monopoly in the Education Profession.

Again the issue is while many teachers are members of the teachers union, it is not a mandatory requirement.

In a Right to Work state such as Virginia, the ban of a Citizen from working as an attorney without being a

member of the Virginia State Bar, essentially a Professional labor union, with a mandatory membership,

as many labor unions once were mandatory, is a violation of the principles of Liberty and free association.

Protection of the Public is a worthy purpose. Protection of the Purse (or Bank Account) of a Bar member is not

worthy of Protection by law or Bar rules. On 16 December 2004, a U.S. Department of Justice letter stated:

The United States Supreme Court has observed thatultimately competition will produce not only lower prices, but also better goods and services.


12/23



(from a legal pleading in the United States District Court - Eastern District of Virginia - Alexandria:)

6. The Lincoln Law or False Claims Act of 1863 provides any Citizen to be a Private Attorney General.

7. The Lincoln Law, or Qui Tam (meaning in place of the king) Act, deputized the common

man, the average citizen, even without any elevated degree of J.D. or Ph.D., to lead the way in

rooting out corruption in government by being the Plaintiff for all Citizen-taxpayers. That 1863 law,

passed anew, is the key piece of legislation in the growing field of Whistleblower Law. A lawyer

is NOT required by a Plaintiff to file a Qui Tam action, but at some point in the litigation, the Attorney

General may intervene and upon successful conclusion, reward the Citizen who initiated the lawsuit

with a bounty of from 15 to 35 per cent of the final monetary award.

8. If a non-Bar Citizen may file a Qui Tam lawsuit as Private Attorney General for all other Citizens

to protect the monetary interests from financial abuse in the Government, why on Gods green earth,

can not a non-Bar Citizen as an Attorney-in-fact, as provided for under Virginia law, file a Next

Friend lawsuit on behalf of one or a few other Citizens and Children to protect those Children and Parents

from PHYSICAL and FINANCIAL abuse by the Arlington Government? This Right of Citizens to use the

law applied in 1863, 1913, 1963. Will it apply today, or a year away 2013?

9. In a.d. 1911, Charles Warren, a member of the Boston Bar, wrote the bookA History of the

American Bar, where in Chapter 1 Law without Lawyers on page 7 is written

In New England, the clergy for a long time maintained a complete supremacy in

the magistracy and in the courts The clergy possessed, as in England, much of

the legal knowledge of the community.

This Plaintiff, a Chaplain of the Amos 5:15 Project, Hate evil and love the good. Remodel your Courts

into True halls of Justice. of the God and Country Foundation does in a First Amendment free exercise

thereof respect of religion, defend Gods Children with Mans Law as guided by Gods Law; and true

to Original Intent of the Founding Fathers, who full well knew about the legal Bar in the Courts of

England, yet wisely chose NOT to establish a Bar in this Constitution. Indeed, neither Madison nor

Washington, this Constitutions Prime Architects, were Bar members. This Constitution for the United

States of America used ONLY the words assistance of counsel, NOT assistance of legal counsel,

NOT the assistance of lawyers, and CERTAINLY NOT the assistance of Bar members.


13/23



(from a legal pleading in the United States District Court - Eastern District of Virginia - Alexandria:)

13. But what good is the legal Bar? The Bar CLAIMS (falsely) to protect Citizens from unscrupulous

legal hucksters, and claims to advance professionalism. Attachment A is a Seed of Truth one page

information sheet that quotes former Chief Justice Warren Burger in a.d. 1978 in the American Bar

Association Journal with Washington on the cover, about the DEPLORABLE state of both lawyer

competence, and lawyer discipline, or self-regulation of the legal profession.

14. Decades after Chief Justice Burgers criticism, little if any progress in levels of Competence, Honesty,

Self-Regulation, or Discipline of Bar members (lawyers) are indicated by a number of studies:

A 2006 American Bar Association survey found that out of 123,927 complaints, only 3.5

percent led to formal discipline and less than one percent resulted in disbarment.

> QUESTION: How does that rate relate to the prosecution rate of common Citizens?

> QUESTION: Is this a Separate Tribunal contrary to the principle of Equal Justice?

Of these 123,927 complaints, 92 percent led to no discipline or only informal slaps

on the wrist in the form of private sanctions.

> QUESTION: How does this PRIVATE Bar court comport with a speedy and PUBLIC trial?

> QUESTION: If lawyers can judge lawyers, why not burglars judge burglars and rapists judge rapists?

A 2002 Columbia Law School nationwide survey found that two out of three

Americans do not think lawyers are even somewhat honest, 60% of Americans

believe lawyers were overpaid and only 2% felt lawyers were underpaid.

> QUESTION: Has knowledge of the law been used and abused by lawyers as license to

loot family fortunes by Divorce Lawyer promotion of the social disease of Divorce and

looting the family inheritance by lawyer abuse of the elderly in the Probate Court system?

A 2003 CNN/USA Today/Gallup poll found that 84% percent of Americans do not

believe lawyers have high ethical standards.

> QUESTION: How as the Bar as an agency of the state supreme Court since the 1930s

increased the trust of the People in the ethics and inherent Justice of the Judicial branch?

According to theNational Law Journalin 2002, 69% of Americans think that

lawyers are more focused on making money than serving their clients.

> QUESTION: Does the Bar, that is in reality a Public Section Mandatory Union of workers,

protecting Member interests far, far more than Citizens interests, violate the Sherman-Anti-

Trust Act of the 1890s, and also is a Restraint on Free Commerce?

In a 2002 American Bar Association survey of 750 households, less than one-quarter

(19%) of respondents expressed confidence in lawyers work and three quarters of

respondents contended that lawyers focused more on making money than serving

their clients.

> QUESTION: How has the Bar positively responded to Chief Justice Burgers concern of

1978 opining that only 25 per cent to 50 per cent of lawyers were competent, when now the

Public perception is 19 per cent express confidence in the work of lawyers?


14/23



What, if ANY PROGRESS, has been made in the competence of Bar member lawyers since 1978?

Strickland v. Washington466 U.S. 668 (1984) shows supreme Court concerns of lawyer incompetence.

OPERATIGREYLO

1984 -1988on to 1994FBI effort

A total ofpeople w

indicted,

including

judges, 4

lawyers,

deputy

sheriffs, e

policemen

eight cour

officials, aa state

legislator

Out of the

judges

indicted i

the trials

were

convicted

AmericanBarAssociatio

has officetwo of the

most corrcitiies inAmerica

ChicagoHeadquar321 North

Clark StreChicago, 60654312-988-5

WashingDC Office

740 15thStreet, NWashingtDC 20005202-662-1

The FBIuncoveredVASTcorruption CHICAGO.
http://en.wikipedia.org/wiki/Illinois_Legislaturehttp://en.wikipedia.org/wiki/Illinois_Legislaturehttp://en.wikipedia.org/wiki/Illinois_Legislaturehttp://en.wikipedia.org/wiki/Illinois_Legislaturehttp://en.wikipedia.org/wiki/Sheriffhttp://en.wikipedia.org/wiki/Sheriff


15/23



Chief Justice Burger also said,

...discipline of lawyers

for misconduct is in an

abysmal state in our

country.

QUESTION:

If Lawyers judge Lawyers

in Bar Disciplinary

Committees, andJudges judge Judges in

the JIRC circle of Judges,

(both sound incestuous?)

logically, then why not

Burglars judge Burglars,

& Rapists judge Rapists?

ANSWER (Part 1):

Under this Constitution,

there are rightly NOT to be

separate tribunals for

special classes of citizens,

(such as elite lawyers, or

burglars) for that violates

the concept of EQUAL

JUSTICE under the LAW.

ANSWER (Part 2):

Let Citizens in a Grand

Jury decide if a lawyer

violated his Trust.


16/23




17/23




18/23




19/23




20/23



The Virginia based National Right to Work Foundation published the brochure on the left about

Forced Unionism among Public Teachers, harming both Teachers and Students. The same can be said

about Forced Unionism (the Bar) that hurts Lawyers and Citizens, and also rapes Lady Justice!

Influence

of the

Bar


21/23



And finally, for some real Court Transcripts of Bar licensed attorneys in action:

These are from a book called Disorder in the American Courts, and are things people (attorneys are people too?)actually said in court, word for word, taken down and nowpublished by court reporters that had the torment ofstaying calm and restrained from bursting out laughing while these exchanges were actually taking place. These

were provided in an email in 2009 by a dearly departed fine friend of Virginia, Kathryn Coombs of King George.

ATTORNEY: The youngest son, the twenty-year-old, how old is he?

WITNESS: He's twenty, much like your IQ.

ATTORNEY: She had three children, right?WITNESS: Yes.ATTORNEY: How many were boys?WITNESS: None.ATTORNEY: Were there any girls?WITNESS: Your Honor, I think I need a different attorney. Can I get a new attorney?

ATTORNEY: Can you describe the individual?WITNESS: He was about medium height and had a beard.

ATTORNEY: Was this a male or a female?WITNESS: Unless the circus was in town, I'm going with male.

ATTORNEY: Are you qualified to give a urine sample?WITNESS: Are you qualified to ask that question?

ATTORNEY: Doctor, how many of your autopsies have you performed on dead people?WITNESS: All of them. The live ones put up too much of a fight.

ATTORNEY: Do you recall the time that you examined the body?WITNESS: The autopsy started around 8:30 p.m.ATTORNEY: And Mr. Denton was dead at the time?WITNESS: If not, he was by the time I finished.

ATTORNEY: Now doctor, isn't it true that when a person dies in his sleep,he doesn't know about it until the next morning?

WITNESS: Did you actually pass the bar exam?

And the best for last:

ATTORNEY: Doctor, before you performed the autopsy, did you check for a pulse?WITNESS: No.ATTORNEY: Did you check for blood pressure?WITNESS: No.

ATTORNEY: Did you check for breathing?WITNESS: No.ATTORNEY: So, then it is possible that the patient was alive when you began the autopsy?WITNESS: No.

ATTORNEY: How can you be so sure, Doctor?

WITNESS: Because his brain was sitting on my desk in a jar.

ATTORNEY: I see, but could the patient have still been alive, nevertheless?

WITNESS: Yes, it is possible that he could have been alive and practicing law.


22/23




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power of attorney 2010 va. code & statesmanship in our constitution

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