Eismann v. Miller
| Citation | 101 Idaho 692,619 P.2d 1145 |
| Decision Date | 18 November 1980 |
| Docket Number | No. 13907,13907 |
| Parties | Samuel EISMANN, Hon. James G. Towles, Hon. Watt E. Prather, Jim Harris, Prosecuting Attorney of Ada County, Petitioners, v. James A. MILLER, Respondent. |
| Court | United States State Supreme Court of Idaho |
Samuel Eismann, Coeur d'Alene, Jim C. Harris, Pros. Atty. of Ada County, Scott L. Campbell, Deputy Pros. Atty., Boise, for petitioners. James A. Miller, pro se.
Before DONALDSON, C. J., BAKES, McFADDEN and BISTLINE, JJ., and SCHROEDER, J. Pro Tem.
In this original proceeding the unopposed affidavits filed in support of petitioner's request for injunctive relief establish the following facts:
Eismann is a private attorney practicing law in this state. Judge Towles and Judge Prather are judges of the First Judicial District. Jim Harris is the prosecuting attorney for Ada County. They have in common that each has been subjected to legal action taken by the respondent acting pro se.
Eismann represented the defendants in Miller v. The Coeur d'Alene Press, et al., Kootenai County case no. 40300, an action filed by the respondent in the First Judicial District as plaintiff pro se. 1 This action was soon followed by a suit (case no. 42639), filed by the respondent, naming as defendants Eismann, his co-counsel, the defendants in case no. 40300, and Judge Prather. The latter presided in case no. 40300.
Thereafter Eismann was again sued by the respondent in case no. 45359, an action seeking to disbar him for representing Kootenai County Prosecutor Glen Walker in yet another action by respondent (case no. 45171). 2 The respondent has attempted at least two times to obtain a felony warrant for Eismann's arrest on the grounds that he filed a notice of appearance in case no. 45171. Respondent has also recorded a so-called "common law lien" against Eismann's property.
Judge Prather, in addition to being named as a defendant in case no. 42639, was also sued by respondent in case no. 42638. Respondent has caused a criminal complaint to issue against the judge, and has attempted to have him removed from office by means of a complaint filed with this court, which complaint was dismissed. Judge Prather was also named as a defendant in case no. 46572, about which more will be said infra.
Judge Towles, Judge Prather and others were named as defendants in a pro se action filed by the respondent in U.S. District Court for the Eastern District of Washington. 3 Judge Towles is also named in case no. 46572.
Mr. Harris is also a named defendant in case no. 46572, together with the other petitioners, supra, and other judges in the Idaho court system, judges of the federal bench sitting in Idaho, private attorneys, the Attorney General of the state and a number of his deputies, professional liability insurance carriers, and a number of "John Does." After the initial filing of this suit in the First Judicial District, the respondent amended his complaint to substitute the present members of this court for four of the "John Doe" defendants; Justice Shepard was excluded in this amendment as respondent had previously named him in the action. The prayer of case no. 46572 seeks a hearing before a specially constituted bench and prays for damages in the amount of $130,000,000 predicated on allegations of violation of the respondent's civil rights (42 U.S.C. § 1983), violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1961 et seq.), obstruction of justice, mail fraud, and destruction of the constitutional form of government in Idaho. The federal official defendants have caused the case to be removed to federal court where it is presently pending.
While details of each of the other actions filed, argued, or pursued by the respondent would be counterproductive, in light of the petition here under our consideration, the parameters of the problems will be generally stated.
The respondent has been involved as complaining witness in some 20 criminal actions brought in the First Judicial District since September of 1978. These actions, aimed at attorneys, judges, county officials and others have alleged in varying degrees perjury, possession of stolen property, falsifying or secreting public records, criminal conspiracy, neglect or malfeasance of office, embezzlement or misuse of public funds, counterfeiting or forging of public seals, and a number of violations of Idaho and United States Constitutional provisions. The majority of these complaints have been dismissed while several are still pending.
The respondent has also filed as plaintiff pro se approximately 20 actions against the petitioners and others. A number of these suits reflect the tenor of the charges in the criminal actions (i. e., misuse of public office or funds, criminal conspiracy to deny respondent's rights, etc.) while others seek to disbar attorneys, obtain damages or declaratory relief, and so on. Beyond this, the respondent has filed for record a number of lis pendens and "common law liens" against the real property interests of various defendants in his suits.
The petitioners allege that each of the several actions instituted at respondent's instance, and the means by which he apparently seeks to "enforce" his claims such as the liens and disbarment proceedings are uniformly frivolous and are part of a scheme to harass those subjected thereto. While we are at this juncture neither able nor required to assess the motive and intent of the respondent, nor weigh the possibility of some merit in each of his legal actions, the following contentions of the petitioners are substantiated in the record before us.
The actions taken by the respondent have hindered the effective administration of justice in the courts of this state and have entailed a large and unacceptable burden in both time and expense upon judicial personnel and resources; there is no reason to anticipate any letup in respondent's activities, which on the record appear to be exacerbating; the petitioners have no adequate remedy at law to prevent this clear abuse of legal process; the respondent will persist if not enjoined, having clearly announced and demonstrated his intention to continue in the future that which he has already done.
In August, 1980, upon order of this court, all of the respondent's then pending actions in the First Judicial District were assigned for hearing before Judge Swanstrom of the Second Judicial District. The respondent appeared at this hearing and, after engaging in what might be characterized as a "tirade" against the court, attempted to place Judge Swanstrom under a "citizen's arrest" demanding that a law enforcement officer in the courtroom seize and remove the judge.
Within the complaint filed in case no. 46572, the respondent makes the following statement:
"NOTICE IS GIVEN that No public officer of the State of Idaho, or the resources, finances, prestige, or power of the State of Idaho can be lawfully employed to defend ANY defendant herein in ANY manner and if attempted will result in that public officer being identified as one of the John Doe defendants herein ...."
He follows with a paragraph stating in essence that notice is given to all judges sitting in Idaho, state and federal, that due to the fact that they are all members of the same unconstitutional conspiracy they are necessarily disqualified from hearing his claim. He later asserts that the judicial branch ought to be "destroyed" as a part of government.
Petitioners seek relief prohibiting respondent from filing or continuing any pro se actions without prior approval of this court, and from filing any "common law liens" or other encumbrances in county records. This court issued, on October 8, 1980, an order to show cause and a temporary restraining order directing the respondent to appear before this court on October 22, 1980, to show cause why the temporary order should not become permanent and the petitioner's requested relief granted. Respondent's only response to the petition was by way of a document entitled "Demand for an Order to Show Cause Upon Respondent Issue and Opposition to any Writ of Prohibition in Affidavit," in which he demanded three days in which to present argument to substantiate his allegations of conspiracy and corruption in case no. 46572, contending also that the members of this court were disqualified by reason of being named as defendants in case no. 46572.
An "Addendum to Demand for Order to Show Cause Upon Respondent" was filed herein after the respondent was served with this court's order of October 8, 1980, stating inter alia, that the respondent could not be forced to hire an attorney, that this court has no authority to issue any prohibitory orders, and that the petition and order evidences the criminal conspiracy which he alleged in case no. 46572. The respondent also makes demand in this document for a "lawful hearing" to be held on the order to show cause, but that this court's "Ex Parte" order of October 8, 1980 setting such a hearing "appears as a subterfuge and an unlawful proceeding to deny Due Process and Equal Protection of the Law in order to circumvent ... a Jury Trial (in case no. 46572)." He stated that in light of this court being something other than a "lawful" court, he will consent to a hearing only after the integrated bar of the state of Idaho is declared unconstitutional.
An order was entered denying his request for three days of argument but it specifically recognized his right to appear in this proceeding as ordered, and his right to file affidavits in support of his position.
On October 22, 1980, the hearing on the order to show cause was held as scheduled but respondent did not appear either in person or by counsel. The petitioners were represented by counsel who presented brief oral argument. The court recessed with instructions to the clerk to notify the court if the respondent appeared later that day. The respondent did not so appear and the matter was...
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