TOPIC: Official Oppression

SUBCHAPTER A. COMPLICITY (Texas)

§ 7.01. PARTIES TO OFFENSES.

(a) A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both.
(b) Each party to an offense may be charged with commission of the offense.
(c) All traditional distinctions between accomplices and principals are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
§ 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER.
(a) A person is criminally responsible for an offense committed by the conduct of another if:
(1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense;
(2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or
(3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense.
(b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.

STATUTORY LAW imposing a LEGAL duty;

Texas Government Code; Sec. 82.037. Oath of Attorney

a. Each person admitted to practice law shall, before receiving a license, take an oath that the person will:
1. support the constitutions of the United States and this state;

The Texas Lawyer's Creed: A Mandate For Professionalism
Promulgated by The Supreme Court of Texas and The Court of Criminal Appeals

I am a lawyer. I am entrusted by the People of Texas to preserve and improve our legal system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of Professional Conduct, but I know that Professionalism requires more than merely avoiding the violation of laws and rules. I am committed to this Creed for no other reason than it is right.

II. Lawyer To Client
1. I will endeavor to achieve my client's lawful objectives in legal transactions and in litigation as quickly and economically as possible.
7. I will advise my client that we will not pursue conduct which is intended primarily to harass or drain the financial resources of the opposing party.
8. I will advise my client that we will not pursue tactics which are intended primarily for delay.
9. I will advise my client that we will not pursue any course of action which is without merit.
11. I will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and settling disputes.

III. Lawyer to Lawyer
I will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party.

IV. Lawyer And Judge
Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection against unjust and improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and independence of the Court and the profession.

1. I will always recognize that the position of judge is the symbol of both the judicial system and administration of justice. I will refrain from conduct that degrades this symbol.
2. I will conduct myself in Court in a professional manner and demonstrate my respect for the Court and the law.
3. I will treat counsel, opposing parties, the Court, and members of the Court staff with courtesy and civility.
4. I will be punctual.
5. I will not engage in any conduct which offends the dignity and decorum of proceedings.
6. I will not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities to
gain an advantage.
7. I will respect the rulings of the Court.

Texas Disciplinary Rules of Professional Conduct:

III. ADVOCATE

Rule 3.01 Meritorious Claims and Contentions
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless the lawyer reasonably believes that there is a basis for doing so that is not frivolous.

Rule 3.02 Minimizing the Burdens and Delays of Litigation
In the course of litigation, a lawyer shall not take a position that unreasonably increases the costs or other burdens of the case or that unreasonably delays resolution of the matter.
Unreasonable Delay
3. Dilatory practices indulged in merely for the convenience of lawyers bring the administration of justice into disrepute and normally will be unreasonable within the meaning of this Rule

Rule 8.04 Misconduct (a) A lawyer shall not:
(1) violate these rules, knowingly assist or induce another to do so, or do so through the acts of another, whether or not such violation occurred in the course of a client lawyer relationship;
(2) commit a serious crime or commit any other criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;
(3) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(4) engage in conduct constituting obstruction of justice;
(12) violate any other laws of this state relating to the professional conduct of lawyers and to the practice of law.

CHAPTER 39. ABUSE OF OFFICE, Texas Penal Code

§ 39.02. ABUSE OF OFFICIAL CAPACITY.

(a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
(1) violates a law relating to the public servant's office or employment; [includes Texas Disciplinary Rules of Professional Conduct – Attorneys as Professionals / Court Officers] or
(2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant's custody or possession by virtue of the public servant's office or employment.
(b) An offense under Subsection (a)(1) is a Class A misdemeanor.
(c) An offense under Subsection (a)(2) is:
(1) a Class C misdemeanor if the value of the use of the thing misused is less than $20;
(2) a Class B misdemeanor if the value of the use of the thing misused is $20 or more but less than $500 ;
(3) a Class A misdemeanor if the value of the use of the thing misused is $500 or more but less than $1,500;
(4) a state jail felony if the value of the use of the thing misused is $1,500 or more but less than $20,000;
(5) a felony of the third degree if the value of the use of the thing misused is $20,000 or more but less than $100,000;
(6) a felony of the second degree if the value of the use of the thing misused is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the value of the use of the thing misused is $200,000 or more.
§ 39.03. OFFICIAL OPPRESSION.

Mark,

I do you know if municipalities fall under the State Attorney General jurisdiction? I am trying to sue two town employees bonds and the state of MA Attorney Generals Office is telling me its a private matter I need to contact a private attorney they 's not get involved so the Town manager is supposed to investigate my charges something stinks hete!

Regards,

Frederick Nuzzo

To Fred Re: Post 615

It seems to me Fred that the State Attorney General is responsible to enforce the laws in regards to any 'citizens' who are resident of the state and subject to it's legislation, which the municipality certainly is.

However, it's biblical and logical in the statutory world to take your grievance first to the offending party. If they don't cure any damages, then you start taking it up the ladder.

Have you seen the new 'File a Complaint' seminar we have in the Advanced Libraries? I think it's titled 'How to Raise Hell...' or something like that. Go check that out. Sounds like it's just what you could use.

Keep us posted. Thanks

Hi Fred,
I listen to a internet radio show on Thursday & Friday nights at ruleoflawradio.com with host Randy Kelton. The show originates from Austin, TX. Thus, Mr. Kelton is very familiar with Texas statues, politics and a lot of government officials along with their illegal asinine doings. He is not a lawyer but he's a lawyer's or any BAR member employed by the state worst nightmare. As he, as a Pro Se litigant, is not bound by the holds and constraints of the BAR. He's learned some very effective methods utilizing criminal complaints, BAR grievances, state & federal statues, state & federal agencies, politics and the courtroom relationships among the BAR members to exact justice against corrupt officials, win law suits and win acquittals/dismissals. His mission with the radio show is to teach those (who want to learn) how to get justice and/or defend themselves from the corrupt system of the judiciary. He takes calls during the show and follows up during the week by phone and email assisting those who have the drive to do the work of research, filing motions etc. I think it would benefit you greatly to check him out. There is a link on the web site for "Radio Archives." I recommend listening to "rule of law radio archives" with labels having Randy Kelton or Thursday & Friday nights rule of law radio in the Headings for more info about how he operates. Good luck, Dean PS, He's got an associate (Eddie Craig) who's on Monday nights whose specialty deals with tickets and abusive cop stop's among other things. FYI.