Part I
Common Law and Uncommon Courts:
An Overview of the
Common Law Court Movement
[1]
The verdict of the county court was predictable. Caught driving without a license or proof of insurance. Sherry Scotka received a $350 fine from the Ken" County, Texas, court for each offense. But Scotka, during the stultifying summer of 1993, was anything but predictable. Acting as her own lawyer, she appealed the county court's decision, requesting that the Texas Appeals Court transfer her case to the "Common Law Court of the United States of America." Her argument? That as a "sovereign citizen" she was outside the jurisdiction of Texas law or Texas courts.
The appeals court did not look upon her request with favor, noting that she could not even show that the "Common Law Court of the United States of America" existed.[2] This was not the first time that the Court of Appeals had faced this sort of peculiar argument. From the Texas hill country had come a rash of such claims in the past several years, all from strangely similar cases: traffic violations, foreclosures, frivolous suits. Brought to court, the defendants, usually operating pro se-that is, defending themselves-would demand that the case in question be removed to the "Common Law Court for the Republic of Texas." Finally, in 1992, the Appeals Court noted officially that there was no such thing. "We hold," said the court, "that the Common Law Court for the Republic of Texas, if it ever existed, has ceased to exist since February 16, 1846 "-in other words, when Texas state government was organized. It was then that the defendant changed the transfer reference in her pleading to the "Common Law Court of the United States of America," although interestingly the address on the legal documents remained the same.4transfer reference in her pleading to the "Common Law Court of the United States of America," although interestingly the address on the legal documents remained the same.[3] What the Texas appeals court was just beginning to perceive were the beginnings of a movement created by recalcitrant self-proclaimed "sovereign citizens" determined to wrest control of their lives back from all forms of government or authority. Appearing first in isolated spots in Texas and Florida, the notion of "common law courts" soon spread to Kansas and other farm states, then quickly across the nation. The "common law court movement," as it has somewhat clumsily come to be called, now exists in some form in every state in the country. In some states, activity is minimal; in others common law courts are a serious nuisance; in some, they are a plague on the judicial system.
Although featured on television shows like "20/20," common law courts did not really breach the public consciousness until the spring of 1996, when FBI agents surrounded a frigid eastern Montana farm to wait out two dozen recalcitrant tax protesters that locals dubbed "freemen." In reality, however, common law adherents had been active for years in different areas across the country. Frustrated county clerks knew of the strange filings made in their offices; puzzled policemen encountered confrontational motorists pulled over for homemade license plates; irritated lawyers discovered that bogus liens had been placed on their property by court opponents. But there was little public awareness or understanding of the movement. The media reported that Oklahoma City bombing suspect Terry Nichols had declared himself a "sovereign citizen," but treated it as a random, bizarre act by a right-wing extremist, not as an action by someone consciously part of an ideological movement.
Few people knew then that these activities were not just isolated phenomena. Fewer still, even today, understand that they are not just part of some movement, but that this movement has a much longer and more active history than most people ever suspected. The "common law court," so called, can be traced back nearly two decades as a form of right-wing social protest, with roots stretching back still farther. What common law court activists do and say today often seems strange and incomprehensible to the average person, but their deeds and words possess a coherent internal logic and are part of a very conscious overall ideology.
Understanding the origins of common law courts and why their members act the way they do will increase our understanding of them and assist in developing strategies to combat them effectively. That is the purpose of this overview.