Left photo, county magistrate Lorrie Miller appears at a county commission meeting near to one of her false arrest victims, truck driver Michael James of “911 call from hell” fame; center top, Tamela Greace Massengale, focus of a criminal proceeding ignited by an illegal (and erroneous) arrest warrant; bottom photo, Chattanooga cop Brandi Siler who makes no investigation but swears out an arrest warrant of Mrs. Massengale; right photo, Shameca Burt, jailed 108 days under Lorrie Miller’s illegal arrest warrant protocols and due at least F$5 million in actual and punitive damages once an attorney files her 42 U.S.C. 1983 against Hamilton County and magistrate Lorrie Miller in U.S. district court. (Photos TVIII (Siler), David Tulis)
CHATTANOOGA, Tenn., Monday, April 29, 2024 — A criminal court proceeding today in general sessions court of Hamilton County reflects the lawless consequence of a county magistrate who forbids lawful arrest warrants and allows warrants to be sworn only by cops and deputies, reputed and generally known to be the county’s most honest and accountable citizens.
To halt this longstanding criminality by government officials I file ”Affidavit and remonstrance in re Tamela Grace Massengale false imprisonment & false affest; Petition for writ of certiorari.” in the county’s criminal court in service of a policy victim.
The petition would remove the case from Judge Larry Ables court and give a criminal court of record authority to command Mrs. Miller to obey state law and require fact witnesses and crime victims to swear out arrest warrants. Her illegal policy creates bogus criminal cases, including that against Shameca Burt, behind bars at Silverdale jail 108 days on account of Mrs. Miller’s requiring only hearsay arrest warrants, unsworn by alleged victims.
Judge Ables defends the closed union show that is the Hamilton County bar association and the cartels of lawyers and attorneys who privatize the law and run a barratry system that generates rows of crime victims, prolonged criminal proceedings and civil litigation for their financial security, profit, personal estates and heirs.
Mrs. Massengale’s case shows that all sides ought justly come together to agree with continuing harm against the citizenry, or — alternatively — to overthrow systems they have allowed to operated uncorrected for years and restore public justice for God’s glory.
Steve Smith, elected public defender
Public defender Steve Smith says the Miller policy is 20 years old and came about because private citizens swore false arrest warrants on each other. Swearing falsely in a public proceeding is felony perjury, enforcement of which law prevents false statements leading to false arrest.
Judge Larry Ables All right, we are here in the matters of Tamela Massengale, case numbers 1941912 and 1941913. *** Miss Massengale earlier was asked to leave the courtroom and sit outside because she was a little disruptive earlier, probably because she doesn’t understand what happens in court. So now she understands what’s going on.
I’m a little confused. I’ve asked the District Attorney General to have a representative here. So what is it that’s going on with this case today?
Tamela Grace Massengale May I speak now?
Judge Ables Yes.
Mrs. Massengale I would like the court to recognize David Tulis as my next friend and counsel. By appointing him, I’m exercising my rights to appoint anyone of my choice for counsel. David is not an attorney. Nor has he ever claimed to be an attorney. David is just my next friend. To define next friend *** David is someone that I trust. David is someone that has knowledge of my case. David is someone that is much more knowledgeable in the law than I am. He is somebody that I look to for his opinion, somebody that I looked to for support, and somebody that I trust. I also appoint David to speak for me on my behalf when needed. The court’s recognition of David’s status as my next friend must come first. If David is not recognized by this court as my next friendand I am denied this constitutional rights and I feel that this court is not properly set and I will not be able to proceed. Thank you, your honor.
Judge Ables *** I wanna give you a copy of the unlawful practice of law. That’s Tennessee Code Annotated 23-3-103. There’s a copy for you and there’s a copy for Mr. Tulis. And I think that it’s very important, more for Mr. Tulis’s sake than for your sake that he [be] very familiar with that statute because I’m gonna ask the district attorney to review this and see where we’re at as far as Mr. Tulis’s practicing law.
The Supreme Court has defined the practice of law as any service rendered involving legal knowledge or legal advice, whether a representation, counsel or advocacy in or out of court rendered in respect to the rights, duties, obligations, liabilities of business relations, or one requiring the services. The judiciary has passed these rules and laws to protect the public and they protect the public from the incompetent, the untrained and the unscrupulous in the practice of law. So we have laws to protect people from being represented by someone who may be very intelligent but not be trained as an attorney and therefore not be familiar with all the rights and regulations that are accompanied with that. And so it becomes a little bit troublesome when a nonlawyer is – is here and asking to represent somebody. In fact, I think that it’s contrary to both the laws of the state of Tennessee. It’s also contrary to the public interest of Tennessee. So, Mr. Tulis has his hand raised and you are happily – I – I would like to hear what you would like to say.
David Tulis Thank you, Judge Ables. I appreciate the reference to the statute that is the authority in this whole license practice of law problem area for the judiciary. It’s a clear problem. But as Miss Grace indicated that I am here as a Christian looking to give mercy to her. I’m not in breach of this UPL statute which I carefully looked at. And the definitions make clear, Judge Ables, that there has to be “valuable consideration.” In fact, that phrase is in the definitions three times. “Valuable consideration” in the “law business” – which I do not conduct – of advising and counseling, drawing papers on law. This is in [sect.] 101 – representative capacity, which I don’t have. I do not represent her. As her next friend, she is here and I’m kind of behind her –
Judge Ables – That – that is of little legal consequence. You are standing here. You are now addressing the court on her behalf. So hiding behind her is going to be akin to representing her.
Tulis – Well, sir, may I respond?
Massengale filing seeks to end magistrate abuse
Judge Ables Sure.
Tulis I’m not speaking on her behalf, Sir. I’m speaking with her. And that is under Article One, Section 23, the Constitution, which is the right to assemble together. I’m assembling with Miss Grace “for the common good, [reading] to instruct their representatives and to apply to those invested with the power of government for address agreements by address or remonstrance.” My filing, copied to you, sir, in this court for remonstrance of the arrest warrant breach that is endemic in our county, I’m here with her. I’m not in her place. I do not represent her. She makes all decisions. *** This morning she had me – she had me draft for her a motion to quash, which we
Mrs. Massengale – Have it right here.
Judge Ables I have several pieces of paper here and several motions that all appear to be legal in nature.
Mrs. Massengale Can I hand this to the DA, sir, your honor?
Judge Ables Yes, ma’am. *** She certainly on her own can hand that to you. But the fact that these documents have been drafted apparently and signed, respectfully, submitted, by David Jonathan Tulis, is quite concerning to the court because – you may not be calling yourself her attorney. You may not be representing that you’re her attorney. But if you are acting in that capacity, then it creates the appearance that you are representing her. And what is the – what is the unlawful practice of law?
You know, what is it that we’re supposed to look at? So the appropriate standard is whether a particular action constitutes the practice of law. What is that standard? And I believe that the standard is whether the act in question requires the professional judgment of a lawyer and filing petitions such as a notice of petition, a writ of [certiorari]. Affidavit – all the paperwork that’s been filed, I’m fearful that we are not just right up to the line of what’s the practice of law is, but that we have in fact possibly crossed that line.
Judge berates next friend as likely criminal
And so, my concern is, Mr. Tulis, that though you are representing yourself as a Christian, as the next friend, that you can’t cloak yourself in the King’s language and expect that there’s any sort of protection for you based on common law. Do you understand what I’m saying? What I’m suggesting is that your continued – your continued actions on behalf of Miss Massengale may subject you to legal consequences and that’s what my concern is.
So, you can certainly react,
Tulis Judge Ables, I appreciate your concern that I’m entering misdemeanor Class A territory by serving in Christian capacity this woman and remonstrating with her. I appreciate that. You don’t want me to be in trouble.
Clearly the DAs have in this room right now all the evidence to bring indictment against me for the unlawful – the unapproved, the unauthorized practice of law. They could do that. They’ve got paperwork to prove it. They’ve got me being here standing in front of you. Court clerk Vince Dean says records are made by the court of all preliminary hearings which this is – either the preliminary hearing or show cause hearing.
My response is this, sir.
Taking your counsel to [heart] is that I’m not representing Miss Grace. She has the right under the constitution to have the next friend. There is such a thing, sir. There is such a thing. [Responding to judge’s roared-out claim at beginning of court that next friend “does not exist”] Art. 1, sect. 9 says she has a right to be heard by herself and her counsel. The 6th Amendment says the defendant has the right to assistance of counsel for his defense. Of course —
Judge Ables You’re not a counsel.
Tulis You’ve read Gideon versus Wainwright.
Judge Ables MmHmm.
***
[I cite Tenn. const. Art 1, sect. 9 that “in all criminal prosecutions, the accused hath the right to be heard by himself and his counsel; “ and the federal 6th amendment that “[I]n all criminal prosecutions, the accused shall enjoy the right to *** have the Assistance of Counsel for his defence.”
The supreme court case says “The right to counsel of choice, however, commands not that a trial be fair, but that a particular guarantee of fairness be provided —to wit, that the accused be defended by the counsel he believes to be best.” U.S. v. Gonzalez-Lopez – 126 S.Ct. 2557 Supreme Court of the United States
I mention the famous 1963 case Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963). An accused has the right to counsel even if state has to pay for it via 14th amendment.
I quote Wheat v. United States, 486 U.S. 153 (1988), “Thus, while the right to select and be represented by one’s preferred attorney is comprehended by the Sixth Amendment, the essential aim of the Amendment is to guarantee an effective advocate for each criminal defendant rather than to ensure that a defendant will inexorably be represented by the lawyer whom he prefers.”]
Larry Ables, here at a judge election political event, denies a criminal defendant her right to counsel and imposes on her an overworked taxpayer-funded lawyer. (Photo Larry Ables)
Tulis Miss Grace has a right is not just to have a lawyer for choice, but to choose someone to speak with her and to draft documents in her service. I mean, I’m her mouthpiece, as she indicated. I’m not representing her. I’m not giving her orders. I’m not commanding her to do anything. I’m just serving her as a Christian mercy. And so while it might be at the line of the misdemeanor statute of 23-3-103, I haven’t crossed it because I’m not in business .
Judge Ables – OK, but here is your business your business is what? You’re an investigative journalist, correct? And so what sort of benefit do you gain from coming to court and representing Miss Massengale? One could argue that you get a monetary interest because I’m sure this will be posted on your webpage and on your radio show and that you will then therefore generate income based on your representation of Miss Massengale. Unless you don’t intend to ever speak of this matter in public or if you don’t plan on promoting it on your radio program.
Tulis That’s not what the statute says.
Judge Ables But you brought up the point. You said I’m not getting any sort of benefit from this. That was basically one of your arguments was.
Tulis I said I’m not receiving valuable consideration.
Judge Ables You are receiving valuable consideration. *** How is it not valuable consideration for you, whose livelihood is based on your radio program and your interviews and your content? It’s all content driven. How are you not benefiting when Miss Massengale is one of the parties you are promoting through your enterprise?
Tulis – and writing about the speaking about. That’s just a very good question. And let me say this though. No. 1. Nothing that I do in radio or as a writer has any monetary benefit. That is all nonprofit. I have not been paid in radio for years. I have not received a paycheck. I don’t receive a paycheck. It is all, in the end – it is a kind of prophetic Exekiel-type calling that I have in radio. So whether I get an ad, a new ad, because someone likes my interviews – I don’t get the money. Because it goes to pay the operations of my business. I do own half of a radio station, but that’s not where my living is from. And no matter how often I write about her, that’s not gonna increase revenue at all. But again, sir, that question is beside the point.
Judge Ables But you brought it up. You brought it up saying in your Christian capacity that that you’re just here – and I’m not. I’m not suggesting that you don’t, that that isn’t part of what’s motivating you. But when you bring that up, the first thing that comes to my mind is: This is your whole being. I mean, this is what you’re involved in. So even if it weren’t a monetary gain, would there be a gain for you, perhaps your ego, I don’t know. But to state that there would be nothing that you gain from this, I don’t think would be an accurate statement.
Tulis Well, sir, I believe that this line of questioning is, if I might suggest, improper, and a little lawyering from the bench. Should not the DA’s office –
Judge Ables Oh! Oh! I’m going to have the District Attorney follow up on this because of the concern. But you raised the concern, so I’m not lawyering from the bench. You stated these facts. That’s why I asked you, you know, to present what you wanted to present. I’ve only reacted to what you’ve presented to me. I want to tell you this, Mr. Tulis. I’m fearful that what you are doing is the unlawful practice of law. And when you refer to counsel, sure, there’s a there’s a common understanding of the word counsel. And then counsel as regard to legal representation is completely different. And I believe that the statute and the legislature and the judiciary of the state of Tennessee protect the public from just this type of occurrence. Now, when people have next friend, yeah, it often happens. Typically it happens with a minor child or it happens when somebody is deceased, that something’s filed as next friend. I’m not familiar of any cases where we have next friend representing somebody, or counseling them outside of what would be considered as a legal representation. And if you have some information like that I would be happy for you to provide that to me.
But what we’re gonna do today is the following: I’m going to ask Miss Massengale if she wants an attorney. I am not going to allow you to stand up here and serve in what I feel – this court is ruling – is an attorney capacity. If she wants to have an attorney, that is fine, we can address that. But she has to make that determination.
So, Mrs. Massengale, do you want to be represented by counsel or do you plan on representing yourself – knowing that I’m not going to let Mr. Tulis as your next friend, stand and whisper in your ear while you’re here?
Magistrate Lorrie Miller appears before Hamilton County commission to ask for more money and another magistrate to staff “uncovered” hours at the jail. I am demanding the county commission reduce taxpayer liability exposure by forcing her to halt the county’s illegal hearsay-only arrest warrants procedure. (Photo David Tulis)
Mrs. Massengale Your honor, I think I would like to exercise my right to represent myself.
Judge Ables Well, here’s what I’m going to do. I’m going to appoint the public defender to represent you as armchair counsel because you are not an attorney and I’m fearful that you don’t appreciate or understand the importance of having representation. [Armchair counsel does not “represent” a client, but advises.] And I’m afraid that you have been told some things that may or may not be accurate with your case by your next friend, Mr. Tulis, and I don’t know what kind of conversation you all’ve had, and I’m not suggesting that– that – that – well, I am suggesting that there is definitely some smoke here and some problems with what has already been presented to the court in the form of multiple notices and legal filings which appear to be *** legal in nature. So that’s what I’m going to do.
Judge Ables *** I do that because you did not get picked up on two different charges. You’ve only been arrested one time. All right, so is there anybody here on Miss Massengale’s case? Not right now, all right, So what we’re gonna do is we’re gonna get a court date for Siler, badge 1156, in here. [Rather than holding a show cause hearing to hear cop and victim show cause, the judge asks if the moving party is present – it is not. So he sets a future date. I speak in whisper to Mrs. Massengale, and an ADA objects.]
Judge Ables Just have a seat, Mr. Tulis. When we’re done, you can come back and get your telephone, sir, I mean, you are representing her whether you want to claim to be next friend or whatever. You are really creating some issues for you and I just want you to be aware of that. So, so so that none of that’s going on in my presence, I’m gonna ask you to sit down. Nothing’s going to happen to her. She has counsel. She’s been represented now by the public defender’s office if she has any questions, she can ask them. If they want to confer with her and you all want to confer outside, then there’s a possibility that you can do that. But I’m not gonna allow you to stand here and whisper in her ear.
Tulis Does she have a right to accept or reject?
Judge Ables Accept or reject what?
Tulis Counsel.
Definitions in UPL statute
“Law business” means the advising or counseling for valuable consideration of any person as to any secular law, the drawing or the procuring of or assisting in the drawing for valuable consideration of any paper, document or instrument affecting or relating to secular rights, the doing of any act for valuable consideration in a representative capacity, obtaining or tending to secure for any person any property or property rights whatsoever, or the soliciting of clients directly or indirectly to provide such services;
***
(3) “Practice of law” means the appearance as an advocate in a representative capacity or the drawing of papers, pleadings or documents or the performance of any act in such capacity in connection with proceedings pending or prospective before any court, commissioner, referee or any body, board, committee or commission constituted by law or having authority to settle controversies, or the soliciting of clients directly or indirectly to provide such services.
Tenn. Code Ann. § 23-3-101. Definitions (emphasis added)
Judge Ables No. I’ve appointed counsel for her.
Tulis She does not have the liberty to choose.
Judge Ables She has a liberty to choose to disregard what her attorney tells her, and perhaps she could take on whatever advice you give her. But she will have armchair counsel moving forward. She can represent herself or she can let the public defender represent her, but you are not representing her and you are not going to stand here and whisper in her ear. She has an attorney. If, after consulting with her attorney, she decides that she wants to continue to represent herself, she can come back to court and represent herself. You will not be involved in that representation other than you can discuss things with her after court. You can discuss things with her before court. You will not be filing any briefs. You will not be filing anything. At least I hope that you aren’t doing that, for that may be used against you if you were charged with practicing law without a license, which, as I’ve warned you about, I feel that you are in fact doing.
But we’re not here for that.
We’re only here for the matters Miss Massengale has pending, so to preserve her rights, I’m appointing an attorney. If she does not want to take her attorney’s advice, she doesn’t have to. Her attorney will still stay on the record.
Tulis I object.
Judge Ables You object? Object?
Judge Ables You don’t have any grounds to object. [Voice rising] What? How would you object as and and what standing would you have to object to anything this court does in the matters of Miss Masingale?
Tulis Your Honor, Miss Massengale cannot be denied by your honor of her constitutional right to have counsel of her choice to have that person —
Judge Ables You are not counsel. You are not acounsel. Sorry. You are not, yes. just sit
Grace Massengale You already told him to sit down. I would like you to respect the judge and please sit down.
Judge Ables Thank you. Thank you, ma’am. Miss Mssengale is June 10th a date that works for you? *** You have an absolute right to represent yourself. *** I believe Mr. Tulis has some real issues with the actions that he’s taken in this particular case, but that’s not for me to look at more determined. That’s for the district attorney general’s office to review. I gave you a copy of the statute about the unlawful practice of law, and I think if you read through there, you will read some things that that sound awfully close to what has been done already.
So, so now you have an attorney and she’s gonna talk to you and if you have some questions, she will answer those questions. If there’s something you need guidance from the court, she will come and ask me if there’s something that we need to do. And then we’re going to pick this court date of June 10th. I’m going to excuse you to go outside and meet with your attorney.
If there’s anything that we need to address today, I know that there’s several motions that have been filed, I think your attorney needs to look at those because frankly the fact that they’ve been filed, I don’t know that there there’s a writ in here which you know trying to get this removed from a lower court to a higher court and it mentions the magistrates.
Magistrates are not a separate court system. The magistrate is created by the county commission to increase the – to decrease – the amount of time somebody’s in custody. I mean, it’s not separate and apart from general sessions court. They are an arm of general sessions court. So I’m going to give all the paperwork I have received on this to your attorney and she’s going to review it and then we’re gonna come back 6/10/24 and if we have anything else we need to address today, we can certainly come back and address that. The district attorney also hasn’t had an opportunity, I believe, I don’t believe to review all these matters [the DA’s office was served all filings] and so everybody will have a chance to catch up and see where we’re at to this point. [He assumes I didn’t properly serve all the parties. In giving over his file, he has no record to review in an extremely important case.]
