Michael James of Chattanooga, right, is a model citizen, fighting every case cops throw at him, whether in Chattanooga, New Boston, Texas; Henry County, Ga.; or Fort Oglethorpe, Ga. He is an exemplary “belliegerent claimant in person,” and a free man. (Photo David Tulis)

Judge Ralph Bailey says that he will not entertain any filing or argument about lack of subject matter jurisdiction. as Georgia low-level courts operate in defiance of well-known legal standards. (Photo Henry County government)

Henry County, Ga., criminal court sends Michael James a document that is nothing short of crazy — a notice of “serious arraignment.” Small town judges and county jurists appear to know little about law, and turn courts into bully machines against the public, soaking them for fines and fees.

Michael James, a so-called pro se defendant, writes a magnificent review of crooked policing and shyster-run courts in a case arising out of a pay dispute with a trucking company and issuance of an arrest warrant for Mr. James. 

McDONOUGH, GA., Wednesday, Aug. 28 – Judge Ralph Bailey Jr. of Henry County state court says a Chattanooga man is not free to challenge subject matter jurisdiction, only to enter a plea.

But a plea is only entered in a court with subject matter and in personam jurisdiction. Accused Michael James knows this; the judge inexplicably does not.

The case of rising gnome and truck driver James made two sharp turns in quest or justice, first to the clerk’s office to attempt to obtain the full file of the “prowling and loitering” case launched by a McDonough city cop Chris Thomas after his initial accusation of criminal trespass..

A second stop, just before the building closes, takes Mr. James to the third-floor prosecutor’s office of Pam Bettis, who stands in the open doorway next to the front-office pane of glass and lets Mr. James argue his alibi and the invalidity of the unsworn criminal complaint that led to his arrest and three days in two jails – first Catoosa, then Henry counties (56 hours).

Read Mr. James’ filing in Henry County bogus warrants case

Mr. James, accompanied by two Copperhead Radio Network reporters, takes advantage of the chance to go over the head of the prosecutor assigned to his case, a man who refused to state his name when this reporter asked him.

Mrs. Bettis, surrounded by a team of paralegals, staff and lawyers in the unusual confrontation, presses Mr. James about whether he was at the trucking depot past midnight on the day in dispute. He insists he had not been fired, and that ultimately the arrest warrant made out against him was unsworn by a purported victim, and was a bit of lawyering by a police officer without any legal standing.

Small town abuse

The case is typical of county-level criminal prosecutions, with arbitrary policies replacing due process, with customs and usages like those of Judge Bailey replacing the order required under the rules of criminal procedure that allow for instant dismissal of false or breached criminal cases.

Mrs. Bettis says her office has 30,000 cases a year, and everyone charged cares about a case as much as Mr. James does his. Should she give him special care? This reporter butts in to say, “Ma’am, we are covering this man’s case because he is a belligerent claimant in person, fighting for his rights and for due process. You’re wrong about most people. Problem is most people don’t care and just plead. We are covering Mr. James’ ordeals because he is a model of what every citizen should do when criminally accused in exercie o our God-given rights as Americans.”

The case is typical of how county and city court judges care little about law, but “manage” cases, as it were, rather than adjudicate them. In a hearing in Fort Oglethorpe, Ga., a judge forbade Mr. James from impeaching the accusing cop because he wouldn’t suffer “personal attacks” in his courtroom, the officer caught in a lie.

To adjudicate means to apply judicial authority, pursuant to law, to a case. In Fort Oglethorpe, city judge Winston Webb says he’s sending a separate case against Mr. James, also fraught with perjury and legal insufficiency, to state court “because there’s nothing we can do with it here.”

A Georgia solicitor works his cases in state court in Henry County, Ga., dealing with a rare case, one in which the accused, Michael James of Chattanooga, a rising gnome, fights back. Most defendants opt to “have a talk with the solicitor.”(Photo David Tulis)

Refusal to read pleadings

As clerk Lynne Policaro attested, Mr. James has been insistent on clearing his name, with State v. James file being voluminous. Mr. Jame had to fight, and pay visits 2 ½ hours from his residence in Chattanooga, to make sure his filing were stamped “filed” and not “received.” The clerk appears to have not entered into the case file items in an accurate and timely manner.

The judge indicates, “I know you had filed some things, but today is not the day to hear your motions. Those are heard on a different date and time.  *** I recognize you have filed some documents.” His schedule precludes the possibility of null cases, and presumes every case is procedurally sufficient. 

“If you have issues with what the police did or what the state has done, that is filed in a motion,” he says. In other words, ne’er a void case can be considered, and “other issues” are not deemed able to halt the rolling forward of the case.

Even mention by Mr. James of the case being prosecuted ostensibly by a corporation via services of a cop — a nonlawyer unable to represent a corporation — makes no difference.

If a court lacks subject matter jurisdiction, all its acts are void because it has no authority to act. Courts are empowered to act by sufficiently presented case, with no glaring violations of due process. Any botch of a case is thrown out immediately.

“This is not your courtroom,” the judge says as Mr. James attempts to cut in with objection, “it’s my courtroom.” 

Exactly.

Judge Bailey says Mr. James is here for only one thing: Entering a plea. But Mr. James, in filings and in efforts to assert his rights, cannot enter a plea because he has not seen a sufficient charging instrument to know the nature and cause of the allegations, which shifted in the course of the past year. 

“What happens is, you have to enter a plea. You can plead not guilty and ask for trial, or nolo, or not guilty.”

Motions are on another date and time, the judge says. That means Mr. James, a truck driver, has to come back, a 2 ½ hour trip from Chattanooga to Henry County, south of Atlanta.

“Today you just have to enter a plea. You can plead not guilty and ask for a trial. That’s fine.” He says “other issues” are handled only by motion.

“I am objecting to a void case, and I’m here by special appearance,” Mr. James says

“If you are challenging the jurisdiction of the court, anything that state has brought against you, that is by motion.” He repeats it. “Only by motion.”

Judge Bailey ignores Mr. James filings. “You can plead — that’s fine, that’s your right.”

“I am objecting to that,” Mr. James says, because he filed April 24 objection. Cop and solicitor acquiesced, he says. They tacitly admit that they don’t have the substance to give the court  jurisdiction. They haven’t given court jurisdiction to hear the case, he says.

The judge is not giving in. “You may be seated.”

Mr. James states an objection. Judge Bailey says it is “duly noted.”

‘Once you get your notice [of next appearance] you are free to go.”

Mr. James does not let himself be dismissed. He wants a second shot at clearing the case. Further words are of no effect. He departs, leaving the notice handed him by a deputy on the bannister between the gallery and the court.

Across the U.S., the law requiring due process has ceased to function, and few people realize i.

Michael James statement

There is NO EVIDENCE whatsoever in Henry County, Ga., rogue officer Chris Thomas Badge # 5714  “accusation and information of complaint” on July 11, 2023, of Cargo Solutions Express Inc. Lying employee Kisha McCoy and/or the company owner asking or authorizing officer Chris Thomas they want to criminally press charges against employee Michael James for criminal trespass or loitering or prowling on July 11, 2023. In fact, the officer’s accusation says Kisha McCoy just said the company just wanted to make a report of the alleged trespass.

Officer Thomas unlawfully took it upon himself knowingly and intentionally while in his official and personal capacity on duty as a police officer under the color of law in BAD FAITH with wilful and wanton blatant disregard of my guarantee protected rights and deliberate refusal to call me unlawfully sought out an false arrest warrant for my arrest which officer Thomas commits a felony  crime against me that of felony assault.  Officer Thomas also commits several other crimes against me, officer Thomas is NOT an employee of the company nor is he the principal of the company nor did he have written statements from the owner of the company authorizing him to seek and prefer criminal charges.  

Nor did Cargo Solutions Express Inc. file a “Georgia Separation Notice” as required by Georgia State Law pursuant to O.C.G.A. $ 34 – 8 – 190(c)   WITHOUT this document being filed with the Department of labor I was NOT lawfully terminated and still legally employed mere verbiage as solicitor is applying is NOT evidence I was fired the Georgia statute is very clear that “separation notice” had to been filed the same day the company was falsely alleging I was terminated on July 11, 2023, and also they DON’T state the date, time, who, when, where and at?