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“PEOPLE ARE DENIED REMEDY”
by David Tulis, ©2020
(Jul. 17, 2020) — Courts are the place God affords society (apart from resort to arms and violence) in which its members find relief from private — and public — injury. In court, grievances are settled, government put in its place, the people’s anger placated, peace restored.
The courts have done exactly what Gov. Bill Lee has done in the executive branch. They have overthrown public order.
Gov. Lee ignored lawful authority in the quarantine statute with its clear limits and has opted instead to base his entire claim of medical control over the population through the emergency law at Tenn. Code Ann. § Title 58, particularly a chapter pertaining to the governor. He avoids reference to lawful police authority over sick people, and turns to vague provisions he claims give him police power over the healthy — over the entire population.
The courts have joined in via Order Regarding Face Coverings No. ADM2020-00428. Chief Justice Jeff Bivins and four colleagues are exercising an authority that slops over the proper limit and scope to impose rules and demands upon the people in Tennessee, upon the citizenry.
The overthrow of lawful authority is evident at several points in the court system’s two-page order insisting that as of Monday all members of the public must wear face coverings — chin diapers and similar devices — to cover their faces. It says everyone in the court system, including judges, must wear the masks.
Judges seize control over county clerks, registers of deeds
A phone call to the administrator of courts in Nashville seeking comment from a spokeswoman was not returned three days later at press time.
The order pretends to have authority well beyond the judiciary and its functions.
The chin diaper rule applies to anyone who shall “enter a courthouse or other building in which court facilities are located.” How does that rule apply to people going to see the register of deeds? The county commission? Jim Coppinger, the mayor? The offices of clerk Bill Knowles?
It is not immediately clear whether these branches of local government realize they have been disestablished by the state judiciary, and that apart from any judicial action by the judges (court case).
The justices say their jurisdictional claims over entire groupings of county buildings “are in addition to those of any applicable executive orders issued by the Governor or authorized local officials. This order applies statewide.”
The breach in Tennessee under CV-19 is described, in another context, by a Reuters investigative report that emerged in three parts starting June 30 describing rampant corruption in the judiciary. The stories are “Thousands of U.S. judges who broke laws or oaths remained on the bench,” “With ‘judges judging judges,’ rogues on the bench have little to fear” and “The long quest to stop a ‘Sugar Daddy’ judge accused of preying on women.” In Tennessee, John Gentry has been fighting since January 2019 to reverse the refusal of the legislature to oversee the courts’ many rotten judges and shut down a useless judicial oversight group.
The CV-19 administrative rules that slop over upon the general public, upon people who are coming to the court for justice and relief from oppression.
Their order cites “the constitutional, statutory, and inherent authority,” and offers four authorities.
No power over citizenry
A review of the four authorities cited in their letter shows no authority over the citizenry and no authority to close the courts. Judge Bivins et al have closed the court system in violation of the state’s supreme law. It says at article 1, section 17,
That all courts shall be open; and every man, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay. Suits may be brought against the state in such manner and in such courts as the Legislature may by law direct.
Courts are not open, people are denied remedy “by due course of law,” and “right and justice” are administered amid “denial, or delay.”
Judges will refuse to hear plaintiffs and defendants and bar them at the door of the building if they do not comply with mask and isolation rules. Video is appearing on YouTube of confrontations at the doors of public buildings, where officials deny entry to people with bare faces.
And we are what the law calls the “free people” of Tennessee? Here again is the rule from the high court:
Except as otherwise expressly provided herein, all persons who, for the purpose of conducting court-related business, enter a courthouse or other building in which court facilities are located shall wear a face covering over the nose and mouth. The face covering shall be worn at all times while inside the building.
Men and women, whether accused or accusers, who do not comply cannot get into the building. Members of the press who do not comply cannot get into the building.
People who won’t hide their faces and cannot make their hearings lose by default, or face prosecution if the matter is criminal under the failure to appear law. The closure of the court, therefore, criminalizes people who in good faith show up to the court but who do not get past security.
Read the rest here.