Conexiones semirrígidas

Members of the anti-government movement will often attempt to avoid conferral of jurisdiction onto a court by refusing to identify themselves or denying that they are the person named in a warrant or summons. This refusal may come from any one of or even several of the following bases. Often, anti-government adherents will refuse to come forward simply to waste time, or out of a more general refusal to recognize or submit to the court's jurisdiction.

Some parts of the anti-government movement however, will refuse to come forward on the ground that their name is misspelled, or even because their name is in all capital letters. This particular objection comes from a number of "sources”. Some believe that the spelling (or misspelling, or use of all capital letters) of their name is a sign of the movement toward "one world government.” Others believe that all capital letters denotes a corporation, and that answering as a corporation subjects them to the illegitimate laws of the American judicial system. Some believe that all capital letters denotes "the Mark of the Beast,"40 or that it is a denotation of a "war name.” Finally, some members of the movement believe that they only "own" their first and middle names, and that their last name reveals their family. They use their middle name in place of a last name, or go by their first and middle name "from the family of their last name. Attached to this particular issue may be a desire to be referred to as "Sir" or "Sovereign," because of a belief that this title more effectively conveys their status as a "sovereign citizen.” It is the belief of members of the movement that they can file a document renouncing their citizenship to become a nation subject only to their own local common-law, and not subject to the law of their state or the federal government.

Another ground for a follower's refusal to identify himself may be his refusal to recognize himself as a "person.” This particular objection comes from what appears to be a somewhat mystical distinction between a "person" and a "human being" according to the anti-government movement's philosophy.

B. Typical Responses to Refusals to Identify

Obviously dealing with such antics tends to be frustrating and to waste time. For this reason it is very important that the court impose a schedule for filings and appearances, and when the defendant fails to appear or refuses to identify himself, the court should move on. Some courts have had success requiring such defendants to post bond to secure appearances. When the defendant is in the courtroom, but simply refuses to identify himself, the court can ask if anyone else in the court is able to identify him, or use a legal document for ID purposes. If no one in the court can identify the defendant, the judge can warn the defendant of the contempt power. Obviously, where the defendant refuses to recognize him or herself as a "person," the court can do little other than read the definition of "person" to the defendant, note the objection, and move on.

1. Scheduling — It is virtually unquestioned that courts have the authority to maintain

control over their dockets, and to move forward where delay is impractical. Also, as noted repeatedly within this guide, it is one of the primary objections of members of the movement that the law treats them and those like them unfairly. In order to avoid fanning the flames, courts (and indeed government personnel in general) should set their rules and follow them scrupulously, thus reducing the fervor of this particular complaint. Where the court knows or suspects that followers (or anyone, for that matter) will appear before it in a given case and present such problems, the court can best deal with the situation by setting and adhering strictly to a schedule for pretrial and trial proceedings.

2. Alternative Identification - Where a defendant refuses to identify himself the

obvious solution is to find some other way to identify him. The court can ask those present if the defendant is present and if any one can identify him, or a person suspected to be the defendant can be asked to present identification. It is important to keep in mind, however, that many adherents to the movement do not carry identification, especially drivers' licenses, because they refuse to recognize the government's authority to require such licensing.

Where a defendant refuses to recognize himself as a "person" the court can only read the definition of a "person," note the defendant's objection, and move on.

40

3. Bonds and Contempt — Where no one in court can identify the defendant and the

defendant will not identify himself, the court can do little other than warn those in the courtroom of the contempt power (hoping that the defendant is present). It is at this point that adherence to the schedule becomes critical. The court must then issue a warrant to bring the defendant before it to show cause why he should not be held in contempt and go on with its docket. At least one court filed for such a warrant where the defendant was in the courtroom but refused to respond to his name.

Many courts deal with the problems of getting followers to appear by requiring that they first post a bond securing their appearance. Being required to appear and make this fact known or lose several thousand dollars provides an obvious and significant incentive to a defendant.

As always, where a government official deals with members of the antigovernment movement, it is important to recognize that virtually any response to them may result in lawsuits (often frivolous) being filed against the official in either legitimate state or federal courts or in the follower's own common-law court.

Subpart 3.2 - Silence/Filibuster