The Future of Common Law Courts

Currently, the common law court movement is both widespread and pernicious. It shows no sign of decreasing in strength any time soon. In fact, new groups are formed regularly. High-profile operations such as the long-delayed arrest of the Montana Freemen have shut down the activities of specific groups but have not stemmed the activities of the overall movement. Some states, such as Missouri and Illinois, have conducted widespread arrests of common law court members on various charges, but these actions are too recent for us to see whether they have adversely affected statewide or regional common law activity.

Many states possess laws that are applicable to common law activity. These statutes range from simulating the legal process to impersonating a public official to criminal syndicalism. Enterprising public servants have begun to search the statute books for applicable laws, just as Posse adherents have searched law books for their own purposes. Some of these efforts are bearing fruit. Many states have passed new laws, or are in the process of doing so, that are specifically designed to combat the problem of retaliatory common law liens. Such legislation will provide additional tools for prosecutors and other public officials.

However, common law activists have proven quite resourceful; merely passing statues after the fact may not be enough. They discovered that bogus checks and bogus liens are effective and disruptive anti-government tactics. Presumably they will discover additional, equally disruptive tactics in the future. Moreover, the more dedicated of the common law believers have shown themselves willing to lose their property and to risk imprisonment as a necessary price for their beliefs. If the legally constituted authorities become more successful in dealing with common law tactics, it is possible that thwarted activists may resort to increased violence in an effort to meet their followers' expectations as well as to strike blows. Nevertheless, it is important that the government-federal, state and local-enforce the laws and put pressure on the bogus courts, for a key strategy must be to separate the committed leaders and members of the movement from the large body of the primarily curious, and other less committed followers and supporters, who might thereby be deterred from engaging in illegal activity. Enforcement resources must be concentrated on the comparatively small number of high-risk members who pose the greatest threats.

The most important need of all, however, is for increased awareness. Not only must public officials in areas with heavy common law activity be aware of the potential for violent confrontation or even domestic terrorism, but they must understand how to deal with the day to day activities of such extremists. County clerks and recorders must deal with their filings. Police officers must pull them over for traffic violations. Judges must face their courtroom antics, while prosecutors must learn how effectively to build cases against them. All these people and more besides must deal with the possibility of bogus liens or other retaliatory measures. Moreover, public officials in areas that have not yet seen an influx of common law activity must be aware of the warning signs of common law activity. Knowledge is a weapon that can be brought to bear to combat the rhetoric of the Posse adherents, decrease their membership, guard against their threats or acts, and punish them for any illegal activities they might commit.