Appendix A

Appendix A: Resource Guide

1. Legislative Responses

This section focuses on those statutes that have been passed in response to the rising "militia" or "extremist" activity in the United States or which can be used to curtail unlawful behavior engaged in by such groups. In the wake of the bombing of the Federal Building in Oklahoma City, the media has focused much attention on the activity of such groups, raising public awareness. The vast majority of state legislatures, however, have yet to target militia groups specifically in passing legislation. Apparently states consider the laws already "on the books" to be adequate to deal with the militia threat.

The current laws deal primarily with three areas: nonconsensual common-law liens (statutes against barratry and simulating legal process), intimidation (use or threat of force or violence) against public officials, and paramilitary training. As noted elsewhere, nonconsensual common-law liens are a favorite tool of militia groups. Essentially, a lien based on a judgment from a common law "court" proceeding is filed against the property of a public official. The property is then attached based on the "debt." These liens appear for all practical purposes to be true legal documents, and are often filed with a "real" court in order to give them some binding effect, effectively ruining the official's credit. The filing of such liens is a primary tool for harassing and intimidating public officials, and may violate not only laws specifically prohibiting nonconsensual common-law liens, but also laws against simulating legal process, barratry, and specialized laws prohibiting "libel or slander of legal title."

The state of Montana has passed the "Montana Anti-Intimidation Act of 1996" to deal specifically with the problem of militia groups filing false liens as a means of intimidation. Although Montana had laws to deal with such acts before, targeting the groups specifically makes a strong point.

Three states, Florida, Pennsylvania, and Rhode Island, have passed laws specifically prohibiting paramilitary training. At the time of writing no prosecutions have been brought under these laws, perhaps because of serious Constitutional issues under the 1^st amendment right to freedom of assembly and the 2^nd amendment right to keep and bear arms. The statutes might also be construed as unconstitutionally vague because of a failure to adequately define paramilitary training or to distinguish such conduct from, for example, survival training or even perhaps mere camping.

Finally, in cases such as State v Dawson, 272 N.C. 535, 159 S. E. 2d 1 (1968) courts have applied limits to the constitutional rights invoked by militia groups in defense of their activities (there "brandishing an unusual weapon" was found outside of 2^ndamendment protection and "unlawful assembly" was found outside of 1^st amendment protection).

1.1 Sample State Statutes

The purpose of this section is not to provide an exhaustive list of specific state responses to militia movement activity, but to give a general idea of the types of responses that states have taken.

1.1.1 - Simulating legal process (Examples)

Oregon Revised Statutes § 162.355

(A) A person commits the crime of simulating legal process if the person knowingly issues or delivers to another person any document that in form and substance falsely simulates civil or criminal process.

(B) As used in this section:

(1) "Civil or criminal process" means a document or order, including, but not limited to, a summons, lien, complaint, warrant, injunction, writ, notice, pleading or subpoena, that is issued by a court or that is filed or recorded for the purpose of:

(a) Exercising jurisdiction;

(b) Representing a claim against a person or property;

(d) Directing a person to perform or refrain from performing a specified act.

(2) "Person" has the meaning given that term in ORS 161.015, except that in relation to a defendant, "person" means a human being, a public or private corporation, an unincorporated association or a partnership.

South Carolina Code of Laws § 16-17-735

Persons impersonating officials or law enforcement officers; persons falsely asserting authority of law; offenses; punishment.

(A) It is unlawful for a person to impersonate a state or local official or employee or a law enforcement officer in connection with a sham legal process. A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor if, knowing that his conduct is illegal, he:

(1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien, or other infringement of personal or property rights; or

(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity.

A person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than one year, or both.

(B) It is unlawful for a person falsely to assert authority of state law in connection with a sham legal process. A person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than one year, or both.

(C) It is unlawful for a person to act without authority under state law as a Supreme Court Justice, a court of appeals judge, a circuit court judge, a master-in-equity, a family court judge, a probate court judge, a magistrate, a clerk of court or register of deeds, a commissioned notary public, or other authorized official in determining a controversy, adjudicating the rights or interests of others, or signing a document as though authorized by state law. A person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than one year, or both.

(D) It is unlawful for a person falsely to assert authority of law, in an attempt to intimidate or hinder a state or local official or employee or law enforcement officer in the discharge of official duties, by means of threats, harassment, physical abuse, or use of a sham legal process. A person violating this subsection is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not less than one year and not more than three years, or both. (E) For purposes of this section:

(1) "Law enforcement officer" is as defined in Section 16-9-310.

(2) "State or local official or employee" means an appointed or elected official or an employee of a state agency, board, commission, department, in a branch of state government, institution of higher education, other school district, political subdivision, or other unit of government of this State.

(3) "Sham legal process" means the issuance, display, delivery, distribution, reliance on as lawful authority, or other use of an instrument that is not lawfully issued, whether or not the instrument is produced for inspection or actually exists, which purports to:

(a) be a summons, subpoena, judgment, lien, arrest warrant, search warrant, or other order of a court of this State, a law enforcement officer, or a legislative, executive, or administrative agency established by state law;

(b) assert jurisdiction or authority over or determine or adjudicate the legal or equitable status, rights, duties, powers, or privileges of a person or property; or

(4) "Lawfully issued" means adopted, issued, or rendered in accordance with the applicable statutes, rules, regulations, and ordinances of the United States, a state, an agency, or a political subdivision of a state.

1.1.2 - Barratry

[NB: All states have some law prohibiting the unlicensed practice of law]

Georgia Code § 16-10-95.

(A) A person commits the offense of barratry when he knowingly and willfully commits any of the following acts:

(1) Excites and stirs up groundless actions in the courts or quarrels in administrative proceedings;

(2) Institutes or causes to be instituted a legal proceeding without obtaining proper authorization; or

(3) Solicits or encourages the institution of a judicial or administrative proceeding or offers assistance therein before being consulted by a complainant in relation thereto.

(B) A person convicted of the offense of barratry shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both.

1.1.3 - Paramilitary Training

Fl. Statute § 790.29 Paramilitary training; teaching or participation prohibited.

(A) This act shall be known and may be cited as the "State Antiparamilitary Training Act."

(B) As used in this section, the term "civil disorder" means a public disturbance involving acts of violence by an assemblage of three or more persons, which disturbance causes an immediate danger of, or results in, damage or injury to the property or person of any other individual within the United States.

(C)

(1) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm, destructive device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder within the United States, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Whoever assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, destructive device, or technique capable of causing injury or death to persons, intending to unlawfully employ the same for use in, or in furtherance of, a civil disorder within the United States, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(D) Nothing contained in this section shall be construed to prohibit any act of a law enforcement officer which is performed in connection with the lawful performance of his or her official duties or to prohibit the training or teaching of the use of weapons to be used for hunting, recreation, competition, self-defense or the protection of one's person or property, or other lawful use.

History. -s. 1, ch. 82-5; s. 164, ch. 83-216; s. 1220, ch. 97-102.

Rhode Island General Laws § 11-55-1 Definitions. - For the purposes of this chapter:

(A) The term "civil disorder" means any public disturbance involving acts of violence by assemblages of three (3) or more persons, which causes an immediate danger of, or results in, damage or injury to the property or person of any other individual.

(B) The term "explosive or incendiary device" means:

(1) dynamite and all other forms of high explosives;

(2) any explosive bomb, grenade, missile, or similar device; and

(3) any incendiary bomb or grenade, fire bomb, or similar device, including any device which:

(a) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound; and

(b) can be carried or thrown by one individual acting alone.

(C) The term "firearm" means any weapon which is designed to, or may readily be converted to, expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.

(D) The term "law enforcement officer" means any officer or employee of the United States, any state, or any political subdivision of a state acting in his or her official capacity; and the term shall specifically include, but shall not be limited to, members of the National Guard, as defined in 10 U.S.C. § 101(9), the naval militia, the independent chartered military organizations set forth in § 30-1-4 and the department of environmental management in the operation of a firearm training course under its auspices.

Rhode Island General Laws § 11-55-2 Paramilitary training prohibited.

(A) Any person who teaches or demonstrates to any other person the use, application, or making of any firearm, explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that it will be unlawfully employed for use in, or in furtherance of, a civil disorder; or any person who assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive, or incendiary device, or technique capable of causing injury or death to persons, intending to employ it unlawfully for use in, or in furtherance of, a civil disorder shall be guilty of a felony.

(B) Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful performance of his or her official duties.

Rhode Island General Laws § 11-55-3 Penalty for violation.

Any person who violates any of the provisions of this chapter shall, upon conviction, be imprisoned for not more than five (5) years or be fined not to exceed ten thousand dollars ($10,000), or both.

Pennsylvania Consolidated Statutes § 5515. Prohibiting of paramilitary training.

(A) Definitions.-As used in this section the following words and phrases shall have the meanings given to them in this subsection:

"Civil disorder."

Any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual. "Explosive or incendiary device."

Includes:

dynamite and all other forms of high explosives;

any explosive bomb, grenade, missile or similar device; and

any incendiary bomb or grenade, fire bomb or similar device, including any device which:

(1) consists of or includes a breakable container including a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound; and

(2) can be carried or thrown by one individual acting alone.

"Firearm."

Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.

"Law enforcement officer."

Any officer or employee of the United States, any state, any political subdivision of a state or the District of Columbia and such term shall specifically include, but shall not be limited to, members of the National Guard, as defined in 10 U.S.C. 101(9), members of the organized militia of any state or territory of the United States, the Commonwealth of Puerto Rico or the District of Columbia, not included within the definition of National Guard as defined by 10 U.S.C. 101(9) and members of the armed forces of the United States.

(B) Prohibited training.-

Whoever teaches or demonstrates to any other person the use, application or making of any firearm, explosive or incendiary device or technique capable of causing injury or death to persons, knowing or having reason to know or intending that same will be unlawfully employed for use in, or in furtherance of, a civil disorder commits a misdemeanor of the first degree.

Whoever assembles with one or more persons for the purpose of training with, practicing with or being instructed in the use of any firearm, explosive or incendiary device or technique capable of causing injury or death to persons, said person intending to employ unlawfully the same for use in or in furtherance of a civil disorder commits a misdemeanor of the first degree.

(C) Exemptions.-Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful performance of his official duties.

(D) Excluded activities.-Nothing contained in this section shall make unlawful any activity of the Game Commission, Fish and Boat Commission, or any law enforcement agency, or any hunting club, rifle club, rifle range, pistol range, shooting range or other program or individual instruction intended to teach the safe handling or use of firearms, archery equipment or other weapons or techniques employed in connection with lawful sports or other lawful activities.

1.1.4 - Threats to Public Officials

California Penal Code § 71.

(A) Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of his duties, by means of a threat, directly communicated to such person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such threat could be carried out, is guilty of a public offense punishable as follows:

(1) Upon a first conviction, such person is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison, or in a county jail not exceeding one year, or by both such fine and imprisonment.

(2) If such person has been previously convicted of a violation of this section, such previous conviction shall be charged in the accusatory pleading, and if such previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, he is punishable by imprisonment in the state prison. As used in this section, "directly communicated" includes, but is not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter.

California Penal Code § 76

(A) Every person who knowingly and willingly threatens the life of, or threatens serious bodily harm to, any elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms, or the staff or immediate family of any elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms, with the specific intent that the statement is to be taken as a threat, and the apparent ability to carry out that threat by any means, is guilty of a public offense, punishable as follows:

(1) Upon a first conviction, the offense is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the state prison, or in a county jail not exceeding one year, or by both that fine and imprisonment.

(2) If the person has been convicted previously of violating this section, the previous conviction shall be charged in the accusatory pleading, and if the previous conviction is found to be true by the jury upon a jury trial, or by the court upon a court trial, or is admitted by the defendant, the offense is punishable by imprisonment in the state prison.

(B)

(1) Any law enforcement agency which has knowledge of a violation of this section shall immediately report that information to the California Department of Justice.

(2) In addition to the reporting requirement imposed by paragraph(l), if a violation of this section occurs that involves a constitutional officer of the state, a Member of the Legislature, or a member of the judiciary, the law enforcement agency which has knowledge of the violation shall immediately report that information to the Department of the California Highway Patrol.

(1) "Apparent ability to carry out that threat" includes the ability to fulfill the threat at some future date when the person making the threat is an incarcerated prisoner with a stated release date.

(2) "Serious bodily harm" includes serious physical injury or serious traumatic condition.

(3) "Immediate family" means a spouse, parent, or child, or anyone who has regularly resided in the household for the past six months.

(4) "Staff of a judge" means court officers and employees.

(5) "Threat" means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written statements and conduct made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family.

(D) As for threats against staff, the threat must relate directly to the official duties of the staff of the elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms in order to constitute a public offense under this section. (E) A threat must relate directly to the official duties of a Deputy Commissioner of the Board of Prison Terms in order to constitute a public offense under this section.

Delaware Code Annotated § 1240. Threats to public officials.

(A) Every person who intentionally threatens the life of or threatens serious physical injury to any elected public official, prosecutor, public defender, appointee of the Governor to a full-time position, county administrator for Kent or Sussex County or the New Castle County chief administrative officer, or member of the judiciary, with the specific intent that the statement is to be taken as a threat and the apparent ability to carry out that threat by any means is guilty of making a threat to a public official. Threat to a public official is a class G felony.

(B) For purposes of this section, the following definitions shall apply:

(1) "Apparent ability to carry out that threat" includes the ability to fulfill the threat at some future date.

(2) "Threat" means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written statements and conduct made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family; provided, however, that the threat must relate directly to the official duties of the elected public official, prosecutor, public defender, appointee of the Governor to a full-time position or member of the judiciary in order to constitute a threat to a public official under this section.

(3) For the purposes of this section, the words "member of the judiciary" means a judge or justice of the following courts:

Supreme Court, Chancery Court, Superior Court, Court of Common Pleas,

Family Court or Justice of the Peace Court.

(70 Del. Laws, c. 551, § 1; 71 Del. Laws, c. 176, § 13)

1.1.5 - Exceptions to Duty to Record

Ohio Revised Code Annotated § 317.13

[General Assembly: 121. Bill Number: Sub. House Bill 644 Effective Date: 11/06/96 ]

(A) Except as otherwise provided in division (B) of this section, the county recorder shall record in the proper record, in legible handwriting, typewriting, or printing, or by any authorized photographic or electronic process, all deeds, mortgages, plats, or other instruments of writing that are required or authorized by the Revised Code to be recorded and that are presented to the recorder for that purpose. The recorder shall record the instruments in regular succession, according to the priority of presentation, and shall enter the file number at the beginning of the record. On the record of each instrument, the recorder shall record the date and precise time the instrument was presented for record. All records made, prior to July 28, 1949, by means authorized by this section or by section 009.01 of the Revised Code shall be deemed properly made.

(B) The county recorder may refuse to record an instrument of writing presented to the recorder for recording if the instrument is not required or authorized by the Revised Code to be recorded or the recorder has reasonable cause to believe the instrument is materially false or fraudulent. This division does not create a duty upon a recorder to inspect, evaluate, or investigate an instrument of writing that is presented for recording.

(C) If a person presents an instrument of writing to the county recorder for recording and the recorder, pursuant to division (B) of this section, refuses to record the instrument, the person may commence an action in or apply for an order from the court of common pleas in the county that the recorder serves to require the recorder to record the instrument. If the court determines that the instrument is required or authorized by the Revised Code to be recorded and is not materially false or fraudulent, it shall order the recorder to record the instrument.

Missouri Revised Statutes § 428.110 [Fraudulent Conveyances and Liens Section 428.110 Filing officer may reject lien, exceptions-filing officer to accept notice of invalid lien, when]

(A) Any filing officer may reject for filing or recording any nonconsensual common law lien. This section shall not be construed to permit rejection of a document that is shown to be authorized by contract, lease or statute or imposed by a state or federal court of competent jurisdiction or filed by a licensed attorney, a financial institution including, but not limited to, any commercial bank, savings and loan association or credit union or a Missouri state licensed mortgage company or mortgage broker.

(B) If a nonconsensual common law lien has been accepted for filing, the filing officer shall accept for filing a sworn notice of invalid lien on a form provided by the filing officer signed and submitted by the person against whom such lien was filed or such person's attorney. The form shall be captioned "Notice of Invalid Lien" and shall state the name and address of the person on whose behalf such notice is filed, the name and address of the lien claimant and a clear reference to the document or documents the person believes constitute a nonconsensual common law lien. A copy of the notice of invalid lien shall be mailed by the filing officer to the lien claimant at the lien claimant's last known address within one business day. No filing officer, county or the state shall be liable for the acceptance for filing of a nonconsensual common law lien, nor for the acceptance for filing of a sworn notice of invalid lien pursuant to this subsection.

1.1.6 - Preventing Nonconsensual Liens Against Public Officials

Alaska Statutes § 34.35.950. [Nonconsensual common law liens]

(A) A nonconsensual common law lien is invalid unless the lien is authorized by an order of a court of competent jurisdiction recognized under state or federal law.

(B) A person may not submit a nonconsensual common law lien under AS 40.17 to the recorder in order to record the lien unless the lien is accompanied by a specific order authorizing the recording of the lien issued by a court of competent jurisdiction recognized under state or federal law. When a nonconsensual common law lien is submitted for recording under this subsection, the court order accompanying the lien shall be recorded with the lien.

(C) A person may not submit a nonconsensual common law lien under a law authorizing the filing of a lien against personal property in order to file the lien unless the lien is accompanied by a specific order authorizing the filing of the lien issued by a court of competent jurisdiction recognized under state or federal law. When a nonconsensual common law lien is submitted for filing under this subsection, the court order accompanying the lien shall be filed with the lien.

(D) In this section,

(1) "filed" means the acceptance of a document by a department or person having responsibility for the receipt and filing of documents that may be filed and that are presented for filing in the place of filing designated by law, whether or not under applicable law the department or person is directed to file the document;

(2) "nonconsensual common law lien" means a lien on real or personal property that

(a) is not provided for by a specific state or federal statute;

(b) does not depend on the consent of the owner of the property affected for its existence; and

(3) "record" means the acceptance of a document by the recorder that the recorder has determined is recordable under AS 40.17 and that is presented for recording in the place of recording designated for the recording district where affected property is located whether or not the place of recording is in that district and whether or not under applicable law the recorder is directed to record the document;

(4) "recorder" means the commissioner of natural resources or the person designated by the commissioner of natural resources to perform the duties set out in AS 40.17.

Revised Code of Washington § 60.70.010

Intent-Definitions.

(A) It is the intent of this chapter to limit the circumstances in which nonconsensual common law liens shall be recognized in this state.

(B) For the purposes of this chapter:

(1) "Lien" means an encumbrance on property as security for the payment of a debt;

(2) "Nonconsensual common law lien" is a lien that:

(a) Is not provided for by a specific statute;

(b) Does not depend upon the consent of the owner of the property affected for its existence; and

(3) "State or local official or employee" means an appointed or elected official or any employee of a state agency, board, commission, department in any branch of state government, or institution of higher education; or of a school district, political subdivision, or unit of local government of this state; and

(4) "Federal official or employee" means an employee of the government and federal agency as defined for purposes of the federal tort claims act, 28 U.S.C. Sec. 2671. (C) Nothing in this chapter is intended to affect:

(1) Any lien provided for by statute;

(2) Any consensual liens now or hereafter recognized under the common law of this state; or

(3) The ability of courts to impose equitable or constructive liens. [1995 c 19 § 1; 1986 c 181 § 1.]

Revised Code of Washington § 60.70.020

Real property common law liens unenforceable-Personal property common law liens limited.

Nonconsensual common law liens against real property shall not be recognized or enforceable. Nonconsensual common law liens claimed against any personal property shall not be recognized or enforceable if, at any time the lien is claimed, the claimant fails to retain actual lawfully acquired possession or exclusive control of the property. [1986 c 181 §2.]

Revised Code of Washington § 60.70.030

No duty to accept filing of common law lien-Filing of a notice of invalid lien.

(A) No person has a duty to accept for filing or recording any claim of lien unless the lien is authorized by statute or imposed by a court having jurisdiction over property affected by the lien, nor does any person have a duty to reject for filing or recording any claim of lien, except as provided in subsection (2) of this section.

(B) No person shall be obligated to accept for filing any claim of lien against a federal, state, or local official or employee based on the performance or nonperformance of that official's or employee's duties unless accompanied by a specific order from a court of competent jurisdiction authorizing the filing of such lien.

(C) If a claim of lien as described in subsection (2) of this section has been accepted for filing, the recording officer shall accept for filing a notice of invalid lien signed and submitted by the assistant United States attorney representing the federal agency of which the individual is an official or employee; the assistant attorney general representing the state agency, board, commission, department, or institution of higher education of which the individual is an official or employee; or the attorney representing the school district, political subdivision, or unit of local government of this state of which the individual is an official or employee. A copy of the notice of invalid lien shall be mailed by the attorney to the person who filed the claim of lien at his or her last known address. No recording officer or county shall be liable for the acceptance for filing of a claim of lien as described in subsection (2) of this section, nor for the acceptance for filing of a notice of invalid lien pursuant to this subsection. [1995 c 19 §4; 1986 c 181 §3.]

Revised Code of Washington § 60.70.040

No duty to disclose record of common law lien.

No person has a duty to disclose an instrument of record or file that attempts to give notice of a common law lien. This section does not relieve any person of any duty which otherwise may exist to disclose a claim of lien authorized by statute or imposed by order of a court having jurisdiction over property affected by the lien. [1986 c 181 §4.]

Revised Code of Washington § 60.70.050

Immunity from liability for failure to accept filing or disclose common law lien.

A person is not liable for damages arising from a refusal to record or file or a failure to disclose any claim of a common law lien of record. [1986 c 181 §5.]

Revised Code of Washington § 60.70.060

Petition for order directing common law lien claimant to appear before court-Service of process-Filing fee-Costs and attorneys' fees.

(A) Any person whose real or personal property is subject to a recorded claim of common law lien who believes the claim of lien is invalid, may petition the superior court of the county in which the claim of lien has been recorded for an order, which may be granted ex parte, directing the lien claimant to appear before the court at a time no earlier than six nor later than twenty-one days following the date of service of the petition and order on the lien claimant, and show cause, if any, why the claim of lien should not be stricken and other relief provided for by this section should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or his or her attorney setting forth a concise statement of the facts upon which the motion is based. The order shall be served upon the lien claimant by personal service, or, where the court determines that service by mail is likely to give actual notice, the court may order that service be made by any person over eighteen years of age, who is competent to be a witness, other than a party, by mailing copies of the petition and order to the lien claimant at his or her last known address or any other address determined by the court to be appropriate. Two copies shall be mailed, postage prepaid, one by ordinary first class mail and the other by a form of mail requiring a signed receipt showing when and to whom it was delivered. The envelopes must bear the return address of the sender.

(B) The order shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of lien shall be stricken and released and that the lien claimant shall be ordered to pay the costs incurred by the petitioner, including reasonable attorneys' fees.

(C) The clerk of the court shall assign a cause number to the petition and obtain from the petitioner a filing fee of thirty-five dollars.

(D) If, following a hearing on the matter, the court determines that the claim of lien is invalid, the court shall issue an order striking and releasing the claim of lien and awarding costs and reasonable attorneys' fees to the petitioner to be paid by the lien claimant. If the court determines that the claim of lien is valid, the court shall issue an order so stating and may award costs and reasonable attorneys' fees to the lien claimant to be paid by the petitioner. [1995 c 19 § 2.]

Revised Code of Washington § 60.70.070

Claim of lien against a federal, state, or local official or employee-Performance of duties-Validity.

Any claim of lien against a federal, state, or local official or employee based on the performance or nonperformance of that official's or employee's duties shall be invalid unless accompanied by a specific order from a court of competent jurisdiction authorizing the filing of such lien or unless a specific statute authorizes the filing of such lien. [1995 c 19 § 3.]

Helpful Websites

American Civil Liberties Union- www.aclu.org

Anti-Defamation League- www.adl.org

Findlaw (legal research site)- www.findlaw.com

Hatewatch- www.hatewatch.org

Militia watchdog- www.militia-watchdog.org

National Association for the Advancement of Colored People- www.naacp.org

National Association of Attorneys General- www.naag.org

National Center for State Courts- www.ncsc.dni.us

Ontario Consultants on Religious Tolerance- www.religioustolerance.org

Southern Poverty Law Center- www.splcenter.org

3. Listserv

Listserv for Court Management

In December 1995, the National Center for State Courts' Information Service Director initiated a listserv-a free, on-line forum-on which subscribers might post questions and exchange information related to the operation of courts. As of this date, May 1999, this listserv, appropriately called "Court2Court," had approximately 426 subscribers, including judges, clerks, and court administrators from state and federal courts; NCSC staff; consultants; academicians; and even some internationals. Subscribing to the court2court listserv is a two-step process:

1) Send an e-mail message to cwright@ncsc.dni.us This message should contain your contact information, including your name, organization affiliation, mailing address, and telephone/fax number.

2) Send an e-mail message to court2court@ncsc.dni.us This message should contain only the word "subscribe" in the body of the message. There should be no subject, nor any other text. This message causes the listserv machine to actually add you to court2court.

Once you've been added to the list, you'll receive a confirmation message.

Once you receive this message, you can post to the listserv by sending a message to court2court@ncsc.dni.us