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Sovereign Citizens & Managing the Paper Flow New Clerk Academy 5/8/2018 1

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Page 1: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Sovereign Citizens &Managing the Paper Flow

New Clerk Academy 5/8/2018

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Page 2: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Meeting Objectives

The purpose of the session is to discuss the ideologies of the Sovereign Citizen Movement (SCM) and the best practices for managing the paper flow of Sovereign Citizen documents in your office.

Attendees are encouraged to ask any question they have regarding the subject matter. Questions do not have to be held till the end of the session.

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Page 3: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Introductions

Christopher “Chris” Douglas, Senior Manager to the Clerk Duval County Clerk of Courts. 17 years of service with the Duval County Clerk of Courts in

roles ranging from frontline worker, Information Technology, and to Senior Management.

Wendy Butler, Manager to the Clerk Duval County Clerk of Courts. 27 years of service with the City of Jacksonville and the

Duval County Clerk of Courts. Experience in Criminal, Civil and Recording.

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Page 4: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Sovereign Citizen Movement

Movement began in the early 1970’s but did not mature until the 1980’s.

Started as a White Supremacist and Anti-Semitic hate group.

Today the movement consists of loosely organized collection of groups and individuals who believe that virtually all forms of state and federal government are illegitimate.

Sovereign Citizens believe that there are really two governments. The “De Jure” or Legitimate government or the “De Facto” or Illegitimate government.

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Page 5: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Sovereign Citizen Movement

Referred to as constitutionalists, freemen or common law advocates, they use tactics such as harassment, threats and intimidation against their “enemies”.

The core of sovereign citizen beliefs are based on their own version of law that is derived from a combination of the Magna Carta, the Bible, English common law, and various 19th century state constitutions.

Sovereign citizens believe that the ‘de facto’ government enslaved all Americans by creating a special class of citizen with the 14th Amendment where members have no rights, only privileges.

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Page 6: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Sovereign Citizen Movement

Sovereign citizens believe the government tricked Americans into becoming citizens by offering them privileges such as drivers license and social security. These privileges are hidden contracts with the government where Americans unknowingly gave away their sovereignty.

Although members of the SCM have demonstrated violence against law enforcement authorities, those appear to be perpetrated by a small faction of the movement with most members remaining non-violent. What is a Sovereign Citizen?

Many Sovereign citizens attempt to split themselves from their “Straw Man” or government issues name and refer to themselves by their “Free Man” name. Strawman Propaganda

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Page 7: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Sovereign Citizen Movement

Sovereigns will go as far as to creating their own documentation for birth, travel, and currency documentation

Sovereigns have been known to track users visiting their webpages.

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Page 8: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

The Basics: Have a Subject Matter Expert (SME)

Have a primary Subject Matter Expert in the office. (The SME should have a back-up)

Provides a single point of contact for the Clerk, customers, and government agencies.

Singular resource gatherer and training provider.

Individual that can knowledgably testify on behalf of the Clerk if necessary.

My Sovereign Citizen is your Sovereign Citizen.

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Page 9: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

The Basics: Interacting with alleged Sovereign Citizens

Treat them with the same courtesy and respect you would every other customer. (No matter how hard they make it on you.)Avoid legal conversations and arguments.Do not refer to them or the documentation

as related to the Sovereign Citizen movement.Be consistent! Orange County Comptroller

SC Interaction

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Page 10: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

How to Identify Documents

Entries behind their name:Sui JurisEns legis©El-BeyWithout prejudice of rightsUCC 1-308/1-207

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Page 11: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

How to Identify Documents

Self Titles:The ExecutorDirectorSole BeneficiarySole ShareholderAboriginal Free ManMan on the LandNon-Resident Alien

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Page 12: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

How to Identify Documents

Other common identifying documents, words or phrases: Strawman De facto government References to UCC IRS Form 1099-OIDWho is the victim? Common Law Usage of red ink fingerprints Brackets around zip codes Other Identifiers: Travelers Documentation in lieu of Driver’s License or Passport Citizen documents for non-existent countries or territories Strange addresses or Post Office addresses on envelopes or

documentation

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Page 13: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Filings/Recordings: What are our options?

The Background: Legal Opinion and steps provided in Advisory Bulletin 14-070.

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Page 14: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Filings/Recordings: Accepting

Accepting Documents: For documents that meet the requirements to be filed on a case or in the Official Record accept them as you would any other document.

The Recording and Filing requirements are subjective to each Clerk’s office based on interpretation of statutes and rules.

An exception to this suggestion exists for the Common Law Grand Jury Affidavit and Writs of Mandamus specific to.

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Page 15: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Filings/Recordings: Refusal

For recording utilize a form like the Non Recordable Document.

For case files utilize miscellaneous filing receipt or letter explaining reason for not accepting the document. (Optional)

Avoid providing specific detail on how to make the document acceptable. (Legal Advice)

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Page 16: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Filings/Recordings: Miscellaneous Filing Option

What is a miscellaneous filing option? (see example)

When do we utilize this option?

Storing original documents vs. electronic storage. (Send Originals to Law Enforcement)

Reproducing for Public Records Request and Retention schedule. (GS-1 Item #3)

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Page 17: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

County Function Mail Flow Chart

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Document(s) presented for recording into

the Official Record.

County Function: Submission via Mail Process

Refuse to accept document(s) based on failure to meet statutory requirements. Provide Notice of

Non-Recordable Document.

Provide Notice of Non-Recordable Document or Notice of

Miscellaneous Filing. Report to Supervisor at the completion of the

transaction

Record document(s) into the Official

Record.

If document is a suspected Sovereign Citizen filing report to Supervisor at the completion of

the transaction.

Does the document meet statutory requirements for filing?

i.e. 28.222 or 695.26

Is the pleading a Writ of Mandamus or Common Law

Grand Jury Affidavit?

No

Yes

Yes

No

Page 18: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

County Function OTC Flow Chart

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Document(s) presented for recording into

the Official Record.

County Function: Submission via OTC Process

Refuse to accept document(s) based on

failure to meet statutory requirements. Offer notice

of Non-Recordable Documents or alternative option of Miscellaneous

Filling.

Refuse to accept document(s)

provide a Notice of Non-

Recordable Document

Is offer accepted?

Provide Misc. Filing Receipt. File document(s) with

Supervisor at the completion of the transaction.

Record document(s) into the Official

Record.

If document is a suspected Sovereign Citizen filing report to Supervisor at the

completion of the transaction.

Is the pleading a Writ of Mandamus or Common Law

Grand Jury Affidavit?

Does the document meet statutory requirements for filing?

i.e. 28.222 or 695.26

Yes

No

No

Yes

Alternative option is to offer

Miscellaneous Filling

No

Yes

Page 19: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Court Function Mail Flow Chart

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Pleading(s) presented via

mail for filing on new or existing

case

Court Function: Submission via Mail Process

Does pleading meet departmental filing requirements?

Yes

No

Is the pleading a Writ of Mandamus or Common Law

Grand Jury Affidavit?Yes

No

Refuse to accept pleading based on

departmental procedures. Follow-up with a letter requesting

clarification.

Provide a notice of Miscellaneous Filing.

Report to Supervisor at the completion of the

transaction.

If document is a suspected Sovereign Citizen filing report to Supervisor at the completion of the transaction.

File pleading according to departmental

procedure.

Page 20: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Court Function OTC Flow Chart

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Pleading(s) presented OTC

for filing on new or existing case

Court Function: Submission via OTC Process

Does the pleading meet departmental filing requirements?

Yes

No

Is the pleading a Writ of Mandamus or Common Law

Grand Jury Affidavit?

Yes

No

Refuse to accept pleading(s) based on

departmental procedures.

Refuse to accept pleading and

offer Miscellaneous

Filing.

Is offer refused or accepted?

Offer refused. Return document and end

transaction.

Offer accepted. Provide Misc. Filing Receipt. File pleading with

Supervisor at the completion of the transaction.

Does the pleading have a case number present on the face of the

document?Yes

File pleading according to departmental procedure

and provide to Supervisor at the completion of the

transaction.

No

If document is a suspected Sovereign Citizen filing, report to

Supervisor at the completion of the transaction.

File pleading according to

departmental procedure.

Page 21: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Reporting Filings: When and Who to Notify (Build Relationships)

All suspected or alleged filings should at the least be reported to Sara Sanders with the FCCC. ([email protected])

Local Law Enforcement, FDLE, and FBICourt Administration or Judicial Staff AttorneyClerk CounselYour Neighboring counties.

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Page 22: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Reporting Filings: What to Provide

Full name of the filer and any aliases.

Case numbers or Clerk File Numbers where the filings can be found.

Electronic Images if not to large to email. Web Access if applicable, or other digital delivery.

Any details that law enforcement requests.

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Page 23: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Real Life Examples

C. Williams: Filed a Notice of Distress Bond (Lien) for a sum of 2.8 million dollars against Court Officials and the Clerk. Found Guilty and sentenced to two one year confinements to be served consecutively.

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Page 24: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Real Life Examples

S. Hephzibah: Created and filed simulated documents with many agencies including the clerk. Arrested and served time in jail on multiple counts.

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Page 25: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Real Life Examples

Anthony Williams Common Law Offices of America. Has served jail time on multiple charges. (Videoed interaction with Google Glasses in Duval County Courthouse and Federal Courthouse located in Jacksonville.)

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Page 26: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

References

Southern Poverty Law Center: https://www.splcenter.org

Anti-Defamation League: https://www.adl.org

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Page 27: Sovereign Citizens & Managing the Paper Flow · 2018-07-18 · Duval County Clerk of Courts. Experience in Criminal, Civil and Recording. 3. Sovereign Citizen Movement ... Court Function

Conclusion

Thank you!

Question & Answers

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