On December 6th, 2010 at 9AM, state citizen Jerry Plemmons returned to Forsyth County District courtroom 1A in Winston Salem, NC on special appearance to challenge jurisdiction. This case was continued after a different judge refused to hear his evidence back on September 20th. The case has been continued yet again, and scheduled for January 31st, 2011.
Prior to Jerry's appearance, he received several donations to allow him to hire a court reporter for the day. Special thanks to all those who donated to Jerry's case. Though the court reporter was not allowed to report, there is no doubt that her presence contributed to a degree of honesty in the courtroom. Any unused donations will go toward Jerry's next appearance in January. Jerry can be reached at email@example.com.
The following is dialog which took place between Jerry Plemmons, District Court Judge Camille Banks-Payne, and ADA Kim Furr Davis as witnessed by those present:
Judge: Sir, you face up to 60 days in jail for each of these offenses. What do you intend to do about an attorney?
Jerry: I'm here on special appearance to challenge the jurisdiction of the court and I have evidence to support my claim. May I approach.
Judge: No, sir. Only officers of the court are allowed to approach the bench.
Jerry: Can I hand it to the bailiff?
Judge: Um, yes..
[Handed bailiff evidence.]
Jerry: I have a reporter who was told to wait to set up, and hasn't started recording yet.
Judge: Sir, you can't take over this court, please stop talking.
Judge: [briefly skims documents submitted into evidence] Sir, I will allow this. Can you please just briefly summarize this [evidence submitted]?
Jerry: Article 4, section 3, clause 1 of the United States Constitution states: "New States may be admitted by the congress in this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the consent of the Legislature of the states concerned as well as of the Congress."
The facts of the matter are that two States names North Carolina have entered the American Union. The first one was on November 21, 1789 as the 12th State and the second one was on June 25, 1868 as the 39th State. The only thing in common of these 2 State is the soil and the name.
Their differences are the body politics and the constitutions. States are composed of 3 parts: (1) Body, (2) Soil, and (3) Law. The pre-amble to the Constitution of the United States says that the constitution is ordained for ourselves and our posterity. This is a direct reference to the Body, which has authority to create the laws over the soil. The legal question raised is whether the 39th State is a continuation of the posterity that is mentioned in the Constitution or a new creation? If it is a new creation, is that creation lawfully authorized?
Judge: You just read something to me, sir. Would you explain this in your own words, and how it applies to your case?
Jerry: You have my affidavit of citizenship. I do not recognize the 39th state that was created by the Reconstruction Acts. I'm a citizen of the original 12th state.
Jerry: [went on to quote Memorandum of Law, but was interrupted by the judge]
Judge: Sir, you still haven't told me how this applies to your case, and have just read something again. You can bring this argument, you have that right, but need to be prepared to articulate it.
Judge: [to ADA - seeming amused] Are you prepared to argue this?
ADA: [laughing] No… I just called it now because the court reporter was here…etc… This is his first time in here. This case was in 1B and then here.
Judge: I'll allow a continuance on this. You need to be prepared to articulate this argument in your own words, and you may bring the court reporter back; the state will be ready to proceed at that time.
Jerry: I would like to make a motion to dismiss for lack of jurisdiction.
Judge: Mr. Plemmons, this will be continued to January 31st.
Jerry: This is my second time in here, and they did the same thing last time by putting my case off.
Judge: Sir, people come in here 6 and 7 times. You're doing ok.
Jerry: Yes. But I do not want to waste the taxpayer money, or the court's time.
Judge: I'm all for fiscal responsibility, but I do not believe that this is going to tip the scales. The next court date will be January 31st, and this will be continued at that time.