Dave Darby and the ‘right to file’

Our friend David Darby, whose property was recently auctioned off to pay for $24,000 of unpaid taxes, released an interesting affidavit in which he ‘argues’ that the County Clerk of the Washington Superior Court has a duty under 18 US Code 1001 to file whatever is brought before him/her. Darby had attempted to file a “criminal complaint lien”.

However, a careful reading of the code shows that

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—

The clerk of the County Superior Court, however, is not within the jurisdiction of the judicial branch of the government of the United States.

So what are the rules under the Statutes of the State of Washington?

The County Clerk is an elected official provided for by the Washington State Constitution whose responsibilities are assigned by local and state rules and statute.

Source

The Criminal Complaint Lien appears to be a conflation of two concepts: a Criminal Complaint and a lien. Note that the Rule of Criminal Procedure outline the nature of a complaint in rule CrRLJ 2.1

Nature. The complaint shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting authority.

The “commercial criminal lien” is based on the work of Hartford van Dyke

Read more about van Dyke in this 1997 Seattle Times article

The document was filed Tuesday in federal court by Hartford Van Dyke Jr. of Battle Ground, Clark County, on behalf of the National Association for Commercial Accountability and nine people charged in an alleged conspiracy against the government.

Two of the nine already have pleaded guilty. A U.S. District Court jury is deliberating the charges against the others who are members of or have ties to the Washington State Militia and Freemen.

Harftord was convicted in 2003

Jones said he gave Nolan the minimum sentence because he admitted his guilt and promised not to appeal his conviction. Nolan’s apology also helped, he said.

Van Dyke, on the other hand, is a “hopeless sociopath” who will “continue his activities until he dies,” the judge said.

Van Dyke and Nolan represented themselves during a seven-day trial marked by long explanations that the judge repeatedly called irrelevant.

The psychiatric evaluations ordered by the judge determined the men were fit for sentencing.

Darby referenced the Hartford van Dyke fund and I am sure the court and the taxing agency just ignored his follies. I guess Darby may count himself lucky that the clerk refused to file the lien, or, otherwise, he might have found himself spending some time on Uncle Sam’s dime.

 

 

One thought on “Dave Darby and the ‘right to file’

  1. Whow, so many impressive words. There must be something there or they would not use these majic words.

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