Jim Bibb For Attorney General of New Mexico

First posted
Friday September 29, 2006 12:18
Updated
Tuesday October 24, 2006 18:19

Payne visited Bibb's campaign headquarters Friday morning September 29, 2006 and talked to Ms Valdez said she was photo shy. So here's her desk. Ms Valdez offered to set up a meeting with Bibb. Sure. But after he responds to our competence quiz. Tuesday October 10, 2006 09:59 http://www.prosefights.org/nmlegal/bibb/bibb.htm#bibb JBibb4AG@msn.com and certified return receipt requested Jim Bibb Republican Candidate for New Mexico Attorney General 114 E Alameda St Santa Fe, NM (505) 983-5011 Dear Candidate Bibb: Time to take action against judicial misconduct both at New Mexico state and federal levels is now. The House Judiciary Committee September 27, 2006 overwhelmingly approved legislation establishing an independent Inspector General (IG) for the Judicial Branch by a 20-to-6 vote. The Judicial IG, though more limited in power than the more than 60 IGs currently serving in agencies and other places, would be charged with identifying waste, fraud, and abuse in the Federal Judiciary's $6 billion annual budget as well as investigating alleged misconduct under the "Judicial Conduct and Disability Act of 1980." H.R. 5219 "The Judicial Transparency and Ethics Enhancement Act of 2006." Some in the New Mexico judiciary and within the Attorney General's office have committed felony crimes involving New Mexico constitutional violations, violation of judicial rules and violation of their Oath of Office, all in writing. Why identified judges and lawyers committed these felony acts may likely be traced to incompetence, arrogance, poor education, low intelligence, corrupt political system or maybe even criminal penchant. Let's address "poor education" first. Possibility is that law school graduates simply don't know the constitution or laws regarding right of trial by jury inviolate, dismissal rule for 12 person jury trials, or voiding judgments where a judge does not have jurisdiction. We ask that you complete the Verified New Mexico and Federal Constitutional Law and New Mexico Judicial Procedure and Rules Questionnaire so that voters understand that you, in fact, know these rules and will, if elected, perform your duty as Attorney General of New Mexico in compliance with the Oath of Office you must sign, if elected. We ask that you return a signed hard copy by Friday October 20, 2006 so that we can post a copy of your responses for voters view. Sincerely Arthur R. Morales 465 Washington St SE Albuquerque, NM 87108 505-323-7277 William H. Payne 13015 Calle de Sandias NE Albuquerque, NM 87111 505-292-7037 Distribution alexis-valdez@hotmail.com Sensenbrenner@mail.house.gov arlen_specter@specter.senate.gov Verified New Mexico and Federal Constitutional Law and New Mexico Judicial Procedure and Rules Questionnaire and Responses of New Mexico attorney general candidate Jim Bibb 1 Seventh Amendment to the US Constitution states? U.S. Constitution: Seventh Amendment In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Response. TRUE FALSE 2 New Mexico Constitution ARTICLE II Bill of Rights states? Section 1. [Supreme law of the land.] The state of New Mexico is an inseparable part of the federal union, and the constitution of the United States is the supreme law of the land Response. TRUE FALSE 3 New Mexico Constitution ARTICLE II Bill of Rights states? Sec. 12. [Trial by jury; less than unanimous verdicts in civil cases.] The right of trial by jury as it has heretofore existed shall be secured to all and remain inviolate. In all cases triable in courts inferior to the district court the jury may consist of six. The legislature may provide that verdicts in civil cases may be rendered by less than a unanimous vote of the jury. Response. TRUE FALSE 4 No. CV 2001 07994 is a paid for 12 person jury trial. Response. TRUE FALSE 5 No. CV 2002 3425 is a paid for 12 person jury trial. Response. TRUE FALSE Response. TRUE FALSE 7 Are United States state courts bound by abide by paid for trial by jury guaranteed by new Mexico and US Constitutions? Response. TRUE FALSE 8 A New Mexico state judge cannot dismiss a paid for trial by jury lawsuit guaranteed inviolate by federal and state constitutions? 1-041. Dismissal of actions. A. Voluntary dismissal; effect thereof. (1) Subject to the provisions of Paragraph E of Rule 1-023 and of any statute, an action may be dismissed by the plaintiff without order of the court: (a) by filing a notice of dismissal at any time before service by the adverse party of an answer or other responsive pleading; or (b) by filing a stipulation of dismissal signed by all parties who have appeared generally in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed an action based on or including the same claim. (2) Except as provided in Subparagraph (1) of this paragraph, an action shall not be dismissed on motion of the plaintiff except upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim, cross-claim or third-party claim has been filed by a party prior to the service upon such party of the plaintiff's motion to dismiss, the action shall not be dismissed against the party's objection unless the counterclaim, cross-claim or third-party claim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice. B. Involuntary dismissal; effect thereof. For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the q facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Rule 1-052. Unless the court in its order for dismissal otherwise specifies, a dismissal under this paragraph and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join a party under Rule 1-019, operates as an adjudication upon the merits. C. Dismissal of counterclaim, cross-claim or third-party claim. The provisions of this rule apply to the dismissal of any counterclaim, cross-claim or third-party claim. A voluntary dismissal by the claimant alone pursuant to Subparagraph (1) of Paragraph A of this rule shall be made before a responsive pleading is served, or if there is none, before the introduction of evidence at the trial or hearing. D. Costs of previously dismissed action. If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order. E. Dismissal of action with and without prejudice. (1) Any party may move to dismiss the action, or any counterclaim, cross-claim or third-party claim with prejudice if the party asserting the claim has failed to take any significant action to bring such claim to trial or other final disposition within two (2) years from the filing of such action or claim. An action or claim shall not be dismissed if the party opposing the motion is in compliance with an order entered pursuant to Rule 1-016 or with any written stipulation approved by the court. (2) Unless a pretrial scheduling order has been entered pursuant to Rule 1-016, the court on its own motion or upon the motion of a party may dismiss without prejudice the action or any counterclaim, cross-claim or third party claim if the party filing the action or asserting the claim has failed to take any significant action in connection with the action or claim within the previous one hundred and eighty (180) days. A copy of the order of dismissal shall be forthwith mailed by the court to all parties of record in the case. Within thirty (30) days after service of the order of dismissal, any party may move for reinstatement of the case. Upon good cause shown, q the court shall reinstate the case and shall enter a pretrial scheduling order pursuant to Rule 1- 016. At least twice during each calendar year, the court shall review all actions governed by this paragraph. (3) The filing of a motion for dismissal pursuant to this rule shall not be taken to be an entry of appearance in said action or proceeding. F. Applicability. This rule shall apply to all civil cases filed in the district court, including civil cases appealed from the metropolitan or magistrate courts. This rule shall not apply to: (1) guardianship, receivership, trusteeship or conservatorship cases; (2) proceedings commenced pursuant to the Mental Health and Developmental Disabilities Code; (3) proceedings commenced pursuant to the provisions of the Probate Code; or (4) proceedings commenced pursuant to the Children's Code. [As amended, effective January 1, 1990.] Response. TRUE FALSE 9 The Tenth Amendment to the US Constitution states? The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Response. TRUE FALSE 10 The Tenth Amendment to the US Constitution gives the constitution right for a citizens to represent themselves pro se in a US court? Response. TRUE FALSE 12 Citizens have a Tenth Amendment constitutional right to represent themselves in a demanded jury trail guaranteed inviolate by the Seventh Amendment to the Constitution and New Mexico? Response. TRUE FALSE 13 If a judge rules without jurisdiction is the appropriate remedy A appeal judge's ruling? B seek writ to void ruling? Circle response. A B 14 Does New Mexico have a way to void a ruling made without jurisdiction? Response. TRUE FALSE 15 Are New Mexico elected and appointed officials required to sign an Oath of Officer? Section 1. [Oath of officer.] Every person elected or appointed to any office shall, before entering upon his duties, take and subscribe to an oath or affirmation that he will support the constitution of the United States and the constitution and laws of this state, and that he will faithfully and impartially discharge the duties of his office to the best of his ability. Response. TRUE FALSE 17 Verification Under penalty of perjury as provided by law, the undersigned certifies that material factual statements set forth in this pleading are true and correct, except as to any matters therein stated to be information and belief of such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true. Notary Public ______________________________________ I declare under penalty of perjury that the foregoing is true and correct. Executed on _______________ ____________________________ Signed: Jim Bibb

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