Judicial reform

Hirsch asks AG Skrmetti for help asserting right to have justice in TN ‘without sale’

From left, truck driver Michael James, Arthur Jay Hirsch, bureau chief Christopher Sapp and reporter David Tulis visit the supreme court’s main hearing chamber in the court’s building in Nashville. (Photo David Tulis)

I am Arthur Jay Hirsch, a Tennessean and one of the People of the state, which you serve as a public official. Monday, I hand delivered to your office a copy of my emergency petition filed with the Tennessee supreme court.

By Arthur Jay Hirsch

As you can see from reading said document that I am challenging Tennessee Rules of Appellate Procedure, Rule 6(a) as facially unconstitutional. Our constitution clearly states that the administration of justice is to be “without sale, denial or delay” (Art. 1, Sec. 17), and further, our secured rights are off limits to the branches of government (Art. 11, Sec. 16; Miranda v. Arizona, 384 U.S. 436, 491 (1966)).

Charging a litigation tax/fee in order to appeal is DOUBLE TAXATION, i.e. the general public
(We the People of Tennessee) pay by our taxes ALL of the necessary funds to support the entire
state court system
as proven by the online annual budget (which is planned by the AOC). The
$550.00 tax/fee is a privilege tax , supposedly to defray court administrative services and facilities
expenses, which, in fact, have ALREADY BEEN PAID FOR by the citizen taxpayers.. The tax/fee
is therefore, a DOUBLE TAX which is blatantly unjustified, unfair, unlawful.

Said appellate rule requiring the payment of the $550.00 preliminary litigation tax upon filing my
notice of appeal is a privilege tax. As you know a privilege tax is imposed on business or
occupational activity affecting the public interest for private gain (e.g. doctors, lawyers, motor freight
carriers, etc.). Since lawyers get the financial benefit and profit from the use of the publicly funded
court system, then all licensed attorneys should be the ones having to pay the privilege tax and
administrative fees – NOT the general public!

Mr. Skrmetti, you took an oath of office, with God as your witness, to support and defend the
constitution. I am hereby requesting you to please help me defend my constitutionally secured rights
which is your duty as attorney general. Since time is of the essence, I request that you promptly
provide me with whatever legal resources I may need, and appoint knowledgeable personnel from
your office to help me fight for my constitutionally secured rights to appeal “without sale, denial or
delay,” to equal protection of the law and due process (9th & 14th Amendments)..

I respectfully remind you that your first duty is to the People of Tennessee — NOT to defending,
protecting and/or justifying rogue actions and rules by the Tennessee supreme court which are
contrary to the Constitution and Rule of Law, and have injured many Tennessee citizens.

Please let me know immediately upon receipt of this letter who you will appoint from your staff to
assist me by serving as my elbow counsel, and advising me in developing my arguments against the
unconstitutional appellate rule, which in fact, is a pay-to-play scheme. Thank you for your prompt consideration to this request.

Respectfully, etc.

Case rips lawyer tax foisted on nonlawyers

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