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Thread: Did the Ada County Commissioners set themselves up as tyranists via a legal loophole?

  1. #1
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    Did the Ada County Commissioners set themselves up as tyranists via a legal loophole?

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    Last edited by Keith Cromm; 05-24-2012 at 12:05 AM.
    I open carry because if a bad guy attacks me anyway, I am best prepared to respond appropriately, with minimal fuss, and my bearing of a firearm is not infringed by having to lift my shirt, pull back my jacket, or unzip some pouch. Forcing people to carry concealed is an infringement on the right to keep and bear arms.

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    I looked this up some time ago and discovered that a Judge can issue a proclamation that cannot be overturned by legislature. Judges order no firearms even in the DMV in Canyon County. No way of overturning that without a Judge to sign off on it and fat chance of that.

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    Quote Originally Posted by carracer View Post
    I looked this up some time ago and discovered that a Judge can issue a proclamation that cannot be overturned by legislature. Judges order no firearms even in the DMV in Canyon County. No way of overturning that without a Judge to sign off on it and fat chance of that.
    I take it this is only Idaho law? Judges are allowed to ban weapons in places directly relating to court proceedings, like courtrooms, court clerk etc., but the DMV office? Is this in the court house? In Ky they have court of justice courthouses that house only justice court proceedings because in our county courthouses they must allow carry to all public offices, like judge exec., commission meetings, county attorney....

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    Quote Originally Posted by carracer View Post
    I looked this up some time ago and discovered that a Judge can issue a proclamation that cannot be overturned by legislature. Judges order no firearms even in the DMV in Canyon County. No way of overturning that without a Judge to sign off on it and fat chance of that.
    I agree that judge can issue orders that effect places under their control: that is, that part of court house that houses their private chambers, court rooms and rooms used to hold conferences, jurists, defendents etc. but I doubt that they "Legally" can enforce any order beyond their own area's of concern.

    That does not mean they cannot try, or even do, it only means their area of influence is very limited when it comes to a building. After all, they do not "own" it and it is not their private property. The only legal reason a whole building would be off limits would be because the whole building was used for court purposes.

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    http://www.the3rdjudicialdistrict.com/admord_08_5.htm

    The Canyon County Judges declared the "New" DMV building an annex of the courthouse as the DMV used to be within the courthouse. I believe this was done because the Sheriff deputies on site were intimidated by the sight of an open carrier shortly after the opening of the new building.

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    1-907????

    Quote Originally Posted by carracer View Post
    http://www.the3rdjudicialdistrict.com/admord_08_5.htm

    The Canyon County Judges declared the "New" DMV building an annex of the courthouse as the DMV used to be within the courthouse. I believe this was done because the Sheriff deputies on site were intimidated by the sight of an open carrier shortly after the opening of the new building.
    18-3302J2) Except as expressly authorized by state statute, no county, city, agency, board or any other political subdivision of this state may adopt or enforce any law, rule, regulation, or ordinance which regulates in any manner the sale, acquisition, transfer, ownership, possession, transportation, carrying or storage of firearms or any element relating to firearms and components thereof, including ammunition.

    1-907. ADMINISTRATIVE JUDGE -- ADMINISTRATIVE POWERS AND DUTIES. The administrative judge or acting administrative judge in each judicial district, subject to the rules of the Supreme Court, shall have administrative supervision and authority over the operation of the district courts and magistrates in the district. These powers and duties include, but are not limited to, the following:
    (a) arranging schedules and assigning district judges for sessions of district courts;
    (b) arranging or supervising the calendaring of matters for trial or hearing;
    (c) supervising the clerks of the district courts in the discharge of the clerical functions of the district courts;
    (d) assigning matters to magistrates, and prescribing times and places at which magistrates shall be available for the performance of their duties;
    (e) making arrangements with proper authorities for the drawing of civil jury panels and determining which sessions of the district court shall be jury sessions;
    (f) arranging for the reporting of civil cases by court reporters or other authorized means;
    (g) arranging sessions, to the extent practicable, for the trial of specialized cases, including traffic, domestic relations, and other types of cases, and assigning district judges to preside over these sessions so as to permit maximum practicable specialization by individual judges;
    (h) promulgating a schedule of offenses for which magistrates and clerks of court or other designated persons may accept written appearances, waivers of trial, and pleas of guilty, and establishing a schedule of fines and bails therefor;
    (i) assigning magistrates to temporary duty outside the county of their residence, but within the district;
    (j) acting as chairman of the district magistrates commission of the district;
    (k) assigning to other district judges in the district various powers and duties as in this act provided; and
    (l) appointing personnel when needed to attend to the courts, and assigning duties to these court attendants for the purpose of maintaining the security and efficiency of court facilities.


    Could anyone explain to me where its expressly states that Gregory M. Culet, Administrative District Judge can do what he did.
    1-907 to me states he has the power of the scheduling? Even with the "These powers and duties include, but are not limited to, the following:" That is not expressly.....stating he has the power to scrap 18-3302J.

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    "Administrative Order 08-5 (Amending 01-3): Management, Security, Conduct and Decorum of Persons in the Court Buildings and Annexes of the Third Judicial District
    Whereas, the Third Judicial District Court desires to maintain an efficient judiciary responsive to the safeguard and protection of those individuals requiring the use of the various court buildings in the Third Judicial District, and

    Whereas, the Administrative Judge is charged by the statutes of Idaho with the administrative supervision and authority over the operation of the District Courts (Ref. I.C. 1-907). Acting in his inherent power to control all actions and conduct within the various court buildings of the Third Judicial District and to insure the safety of said buildings, the employees and members of the judiciary therein, all persons lawfully entering and using said public buildings, and all litigants and their counsel in matters coming before the Courts, the Administrative Judge does hereby enter this order to provide for the management and security of the various courthouses in the district and the orderly conduct of all proceedings therein;"

    The Judge is the final say, cannot be over ruled. That power was given to them by the legislature, but, cannot be rescinded by the legislature.

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    Quote Originally Posted by carracer View Post
    "Administrative Order 08-5 (Amending 01-3): Management, Security, Conduct and Decorum of Persons in the Court Buildings and Annexes of the Third Judicial District
    Whereas, the Third Judicial District Court desires to maintain an efficient judiciary responsive to the safeguard and protection of those individuals requiring the use of the various court buildings in the Third Judicial District, and

    Whereas, the Administrative Judge is charged by the statutes of Idaho with the administrative supervision and authority over the operation of the District Courts (Ref. I.C. 1-907). Acting in his inherent power to control all actions and conduct within the various court buildings of the Third Judicial District and to insure the safety of said buildings, the employees and members of the judiciary therein, all persons lawfully entering and using said public buildings, and all litigants and their counsel in matters coming before the Courts, the Administrative Judge does hereby enter this order to provide for the management and security of the various courthouses in the district and the orderly conduct of all proceedings therein;"

    The Judge is the final say, cannot be over ruled. That power was given to them by the legislature, but, cannot be rescinded by the legislature.

    Again.... where does it give the power of God to the the judge??? That is what we are talking about:

    SECTION 1.INALIENABLE RIGHTS OF MAN. All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety.

    SECTION 11.RIGHT TO KEEP AND BEAR ARMS. The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent the passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any legislation punishing the use of a firearm. No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.

    Where in the "IC" or the Idaho Constitution does it say the Judge can do what He did? 1-907??? I do not read that in there.

    "Acting in his inherent power to control all actions and conduct within..." That is it no passing gas in the courtroom!!! No looking directly at his Honor....

    "Whereas, the Administrative Judge is charged by the statutes of Idaho with the administrative supervision and authority over the operation of the District Courts (Ref. I.C. 1-907)." WHERE???

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    I guess you'd better just ask the Judge.

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