The prosecution of Diana Watt in a transportation stop in Chattanooga is troubling because sessions court is showing favoritism and respect of person for the state actor who is hounding this caregiver of seniors who fell into his Tenn. Code Ann. § Title 55 trap in July 2018. She was dragged from her car under a pretext commercial transportation stop and officer Brian McClard made no reported effort to determine if he had subject matter jurisdiction, pursuant to administrative notice.
By David Tulis / 92.7 NoogaRadio
Mrs. Watt was treated like an animal, thrown to the ground like a bag of potatoes as four officers ganged up to “support” Officer McClard. After filing eight charges against this woman, Mr. McClard kept violating an order to appear before sessions court judge Clarence Shattuck, and Mrs. Watt was ordered to the court six times to face her accuser, who was a repeated no-show.
Mrs. Watt refuses to accept a plea bargain as an innocent person. Judge Shattuck appears to be violating his oath in not instantly having dismissed the case, even though Mrs. Watt hasn’t known enough about court procedure to move properly for a dismissal. Sessions is an informal venue, not a court of record, and the judge easily could have exercised discretion and ended the prosecution. Mrs. Watt distrusts the public defender’s office and is too poor to hire an attorney.
This case is full of bad faith by the city corporation, bad faith and malice on the part of the officer (who knows about transportation administrative notice either in fact or by legal imputation), abuse of process, denial of due process, and a putting the judicial system into a bad light.
If it were me, here’s how I would handle a motion to dismiss this wretched case. Judge Clarence Shattuck should hear an appeal that goes to his oath of office and the code of conduct under which he is an elected public official serving Hamilton County and its people.
The accused should request Judge Shattuck to take mandatory judicial notice of the following facts pursuant to Rule 201(d) and (f):
Legal argument for dismissal
1. UNDER COURT’S AUTHORITY
Officer Brian McClard was called by this court to appear to present evidence against the accused.
2. FAILURE TO APPEAR
On July 26, August 13, August 17, Nov. 5, Nov. 29, Jan. 31, the officer / prosecutor of the Diana Watt case failed to appear at the scheduled hearing ordered by this court.
3. NO REASON FOR NON-APPEARANCE
There is no evidence that Mr. McClard contacted the court clerk’s office by phone, text, email, or fax on or before the date of the hearing giving a possible reason for his non-appearance.
4. CONTEMPT OF COURT
Mr. McClard’s failure as a state prosecutor and witness to obey this court’s order to appear in court for a hearing without giving any notice of a justifiable reason for his non-appearance meets the definition of contempt.
Contempt. Contumacy; a willful disregard of the authority of a court of justice or legislative body or disobedience to its lawful orders. Contempt of court is committed by a person who does any act in willful contravention of its authority or dignity, or tending to impede or frustrate the administration of justice, or by one who, being under the court’s authority as a party to a proceeding therein, willfully disobeys its lawful orders or fails to comply with an undertaking which he has given. Welch v. Barber, 52 Conn. 147, 52 Am. Rep. 567; Lyon v. Lyon, 21 Conn. 19S; Kissel v. Lewis, 27 Ind. App. 302, 61 N. E. 209; Yates v. Lansing, 9 Johns. (N. Y.) 395, 6 Am. Dec. 290; Stuart v. People, 4 111. 395; Gaudy v. State, 13 Neb. 445, 14 N. W. 143. .Black’s Law Dictionary, 2nd Edition
Contempt of court. The act of demeaning the court, preventing justice administration, or disobeying a sentence of the court. It is criminal and can lead to fines or imprisonment.Black’s 2nd Edition
5. RESPECT OF PERSONS – A MORAL EVIL
Respect of persons /partiality in judgment is a moral evil prohibited in the judges’ oath of office.
6. MALUM IN SE CRIME
Respect of persons in judgment is an absolute, unchanging, natural law which is inherently known to be wrong and evil in itself (e.g., robbery, murder, kidnapping, etc.) and meets the category definition of a malum in se crime.
7. CODE OF JUDICIAL CONDUCT
Respect of persons / partiality / bias / prejudice is prohibited conduct in the Tennessee Code of Judicial Conduct.
RULE 1.2 Promoting Confidence in the Judiciary
A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.RULE 2.2 Impartiality and Fairness
A judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially.
RULE 2.3 Bias, Prejudice, and Harassment
(A) A judge shall perform the duties of judicial office, including administrative duties, without bias or prejudice.
Comment. 1. A judge who manifests bias or prejudice in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute. 2. A judge must avoid conduct that may reasonably be perceived as prejudiced or biased.
8. NEUTRAL JUDGE
The U.S. Supreme Court has held that defendants are entitled to have a neutral, impartial judge in the first instance. Says Ward v. Village of Monroeville 409 U.S. 57, 62 (1972): “Petitioner is entitled to a neutral and detached judge in the first instance.”
The moral law
The accused requests this Court to please take mandatory judicial notice of the following facts of moral truths pursuant to Rule 201(d) and (f):
9. TRUTH FROM SUPREME LAW
Respect of persons is wrong, evil, a moral sin and is strictly forbidden by God himself, the Judge of all the earth, in His eternal Word.
- “But if ye have respect to persons, ye commit sin, and are convinced of the law as transgressors.” James 2:9
- “Ye shall not respect persons in judgment *** for the judgment is God’s.” Deut. 1:17
- “Ye shall do no unrighteousness in judgment: thou shalt not respect the person of the poor, nor honor the person of the mighty: but in righteousness shalt thou judge thy neighbor.” Lev. 19:15
- “And said to the judges, Take heed what ye do: for ye judge not for man, but for the Lord, who is with you in the judgment. Wherefore now let the fear of the Lord be upon you; take heed and do it; for there is no iniquity with the Lord our God; nor respect of persons, nor taking of gifts.” 2 Chron. 19:6,7
- “Thou shalt not wrest judgment: thou shalt not respect persons, neither take a gift: for a gift doth blind the eyes of the wise, and pervert the words of the righteous.” Deut. 16:19
- “For there is no respect of persons with God.” Rom. 2:11
- “Of a fact I perceive that God is no respecter of persons.” Acts 10:34
- “Neither doth God respect any person.” 2 Sam. 14:14
- “Of a truth I perceive that God is no respecter of persons.” Acts 10:34
- “For there is no respect of persons with God.” Rom. 2:11
- “God accepteth no man’s person.” Gal. 2:6
- “Neither is there respect of persons with him (the Lord).” Eph. 6:9
- “And if ye call on the Father, who without respect of persons judgeth according to every man’s work. . . .” I Peter 1:17
- “It is not good to have respect of persons in judgment.” Prov. 24:23
- “But he that doeth wrong shall receive for the wrong which he hath done: and there is no respect of persons.” Col. 3:25
- “Are ye not then partial in yourselves, and are become judges of evil thoughts.” James 2:4
- “I charge thee before God, and the Lord Jesus Christ, *** that thou observe these things without preferring (prejudice) one before the other, doing nothing by partiality.” 1 Tim. 5:21
- “To have respect of persons is not good.” Prov. 28:21
- “It is not good to accept the person of the wicked, to overthrow the righteous in judgment.” Prov. 18:5
- “And I charged your judges at that time saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him.” Deut. 1:16
- “Blessed is that man that maketh the Lord his trust, and respecteth not the proud, or as turn aside to lies.” Ps. 40:4
10. ADMINISTERING RIGHTEOUS JUSTICE
“He that ruleth over men must be just, ruling in the fear of God.” 2 Sam. 23:3
“Thou shalt not wrest the judgment of thy poor in his cause.” Ex. 23:6
“He that justifieth the wicked, and he that condemneth the just, even they both are abomination to the Lord.” Prov. 17:15
“For it is written, As I live, saith the Lord, every knee shall bow to me, and every tongue shall confess to God. So then every one of us shall give account of himself to God.” Rom. 14;11, 12
11. MORAL DUTY OF MANKIND
“Fear God, and keep his commandments; for this is the whole duty of man. For God shall bring every work into judgment, with every secret thing, whether it be good, or whether it be evil.” Eccl. 12: 13, 14
“He hath shewed thee, O man, what is good; and what doth the Lord require of thee, but to do justly, and to love mercy, and to walk humbly with thy God?” Micah 6:8
“And thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind, and with all thy strength; this is the first commandment. And the second is like, namely this, Thou shalt love thy neighbour as thyself. There is none other commandment greater than these.” Mark 12:30,31
12. FAILURE TO JUDGE RIGHTEOUSLY
“What mean ye that he beat my people to pieces and grind the faces of the poor? saith the Lord God of hosts.” Isa. 3:15
“Woe unto them that call evil good, and good evil. . .which justify the wicked for reward, and take away the righteousness (“rights”) of the righteous from him! . . because they have cast away the law of the Lord of hosts, and despised the word of the Holy One of Israel.” Isa. 5:20, 21, 24
“Is it not for you to know judgment? Who hate the good , and love the evil: who pluck off their skin from off them, and their flesh from off their bones: who also eat the flesh of my people, and flay their skin from off them: and they break their bones, and chop them in pieces, as for the pot, and as flesh within the caldron.” Micah 3:1-3
“Therefore have I also made you contemptible. . .ye have not kept my ways, but have been partial in the law.” Mal. 2:9
“Therefore to him that knoweth to do good, and doeth it not, to him it is sin.” James 4:17