Full opinion text
MEMORANDUM AND ORDER GARZA, District Judge. In May, 1974, and thereafter, the Chief Justice of the United States Supreme Court, Warren E. Burger, and the Chief Judge of the Fifth Circuit, John R. Brown, began designating the undersigned to sit in seven similar cases and three related cases filed in the United States District Courts in the States of Texas, Pennsylvania, Indiana, Minnesota, Alabama and Wisconsin. These suits have been filed by individual members of the American Constitutional Protective Rights Association against, among others, virtually the entire federal judiciary. The central figure among the Plaintiffs is Jerome Daly, a disbarred Minnesota attorney, who is a Plaintiff in five of these suits. The Plaintiffs’ principal contention is that they have a constitutional right to have unlicensed lay counsel assist them in Court proceedings. The undersigned was not sued in any of the nine assigned civil cases, probably by virtue of this Court’s pre-trial rulings in United States v. Gaar, Criminal No. 73-B-394 (U.S.D.C., S.D.Tex., 1973). In that case, the Defendant Byron Gaar was indicted for five counts of failure to file income tax returns in violation of 26 U.S.C.A. § 7203. The Defendant Gaar expressed beliefs similar to those of the members of the American Constitutional Protective Rights Association. He filed a pre-trial motion requesting that Admiral John G. Crommelin, an unlicensed lay attorney, be allowed to assist him in the preparation of his defense. On January 18, 1974, the Court granted that motion and Admiral Crommelin was allowed to sit with Gaar and speak freely in the pretrial hearings in Gaar’s behalf. On September 3, 1974, the day of the trial, the Court informed the Defendant that Admiral Crommelin would not be allowed to speak in front of the jury although the Admiral could still assist Gaar at the counsel table. The Defendant objected to this on the grounds that he had been led to believe that the Admiral would be allowed to carry on his defense in front of the jury and that he was not prepared to represent himself pro se on such short notice. The Court gave the Defendant Gaar thirty minutes to re-align his strategy and then proceeded to trial. The Defendant was found guilty on all counts. He thereafter obtained licensed counsel who filed a Motion for New Trial. Upon reading the transcripts of the pre-trial conferences, the Court felt that it had indeed misled the Defendant to believe that he would be allowed to have Admiral Crommelin represent him in front of the jury. In the interest of justice, the Court granted the Defendant’s Motion for New Trial. The matter is presently pending on the trial docket of this Court and is to be tried on November 3, 1975. All of the suits at bar that name the entire federal judiciary as Defendants were filed after the Court allowed Admiral Crommelin to assist the Defendant Gaar in pre-trial matters and before the Court refused to let the Admiral act as an attorney at trial. By striking the undersigned’s name off of the xerox copies of the Federal Reporter’s “Judges of the Federal Courts” which was attached to these complaints, the Plaintiffs have obviously engaged in a vigorous form of forum shopping. Eight of the cases to which I have been assigned are discussed below. THE LUBBOCK CASE EDDIE A. TURNER and JEROME DALY v. THE AMERICAN BAR ASSOCIATION, ET AL., CIVIL ACTION NUMBER 5-74-42, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS, LUBBOCK DIVISION On August 19, 1975, the Plaintiffs, Eddie A. Turner and Jerome Daly, filed their amended antitrust and civil rights Complaint against the following Defendants: Chief Justice Warren E. Burger, and Justices Lewis F. Powell, Jr., William H. Rehnquist, Harry A. Blackmun, and Byron R. White, of the United States Supreme Court; virtually all of the Circuit Judges of all circuits; and the Judges of the United States District Courts and the Court of Claims. These Defendants are sued in their capacity as Justices and Judges of the Courts of the United States, and also in their individual private capacity as dues-paying members of the American Bar Association, hereinafter referred to as “ABA”, and the various State Bar Associations located throughout the United States. Also named as Defendants are: The American Bar Association, The State Bar of Texas, Joe R. Greenhill, Ruel C. Walker, Zollie Steakley, Jack Pope, Thomas M. Reavley, Sears McGee, James G. Denton, Price Daniel, Sam D. Johnson, in their capacity as private individuals and as Justices of the Supreme Court of Texas; Dolph Briscoe, in his capacity as Governor of the State of Texas and in his capacity as a private individual; John L. Hill, in his capacity as Attorney General of the State of Texas and in his capacity as a private individual; Frank D. McCown, Edward B. McDonough, Roby Hadden, John E. Clark, in their capacity as United States Attorneys for the various Districts of Texas and as private individuals; Edward Levi, in his capacity as Attorney General of the United States and in his capacity as a private individual; Donald C. Alexander, Commissioner of Internal Revenue and also in his capacity as a private individual; The Tax Court of the United States and Howard A. Dawson, Jr., in his capacity as Chief Judge and in his capacity as a private individual; Chesterfield Smith, in his capacity as a private individual and President of the American Bar Association. Jurisdiction is asserted under the Northwest Ordinance of 1787, the Magna Carta, the Common Law and the Constitution of the State of Texas, 28 U.S.C.A. §§ 1381, 1343, 2201, 2202, 2281-2284; 42 U.S.C.A. §§ 1981-1989; 15 U.S.C.A. §§ 1-28; 18 U.S.C.A. §§ 2-7, 10, 13, 201-203, 241, 242, 245, 371, 1341, 1503, 1505, and 1509; and Amendments 1, 4, 5, 6, 7, 9, 10, 13 and 14 of the United States Constitution. The Plaintiffs state that they are members of the American Constitutional Protective Rights Association, that they travel in interstate commerce to aid and assist members of said association in the dissemination of their views and in aid and assistance of each other’s constitutional rights; that this is their business and trade; and that they use interstate transportation facilities, mail and public places. They allege that they now have cases or controversies pending before the Courts or that they are about to have such business pending before the Courts and other government agencies. The Plaintiffs’ Amended Complaint is divided up into five loosely drawn causes of action. In their first cause of action, which is the principal cause of action, it is the Plaintiffs’ position that the Defendants, their agents and servants and others, have entered into a well-planned and -designed conspiracy to create a monopoly in a so-called “law business” in interstate commerce which has as its end the restraint of the exercise of the following rights of the Plaintiffs: freedom of conscience, freedom of religion, freedom of speech, redress of grievance before government agencies, freedom of association in courtrooms and elsewhere, freedom to choose one’s own counsel for court proceedings licensed only by the individual and not by an enemy Bar Association, right to privacy, and freedom of political expression in the courtroom. In the furtherance of this conspiracy, the Defendants are said to have committed a multitude of overt acts. There appear to be two types of overt acts alleged: general overt acts often performed by unidentified defendants at unidentified locations and specific overt acts wherein the acting defendant and location are clearly described. The general overt acts include: the enactment by the American Bar Association (ABA) of certain Canons of Ethics and Codes of Professional Responsibility and Disciplinary Rules; the attendance by unidentified judges at undisclosed meetings and the making of statements there to further the monopoly scheme; the restriction of access to law schools; the division of marketing territories along State and county lines; the control by judges and various Bar Associations over attorneys to limit the attorneys’ criticism of their conduct in office; the conspiring between judges and prosecuting attorneys to deny effective counsel for defendants in criminal cases; the bribing of the judiciary by the ABA by virtue of the ABA’s effort to help obtain increased compensation for the judiciary; the stifling of competition in the law business by setting minimum fees; and the licensing of lawyers to the monopoly practice of law. The specific overt acts emanate from a pending criminal case against the Plaintiff, Eddie Turner. These acts include the denial by Defendant Federal Judge Halbert O. Woodward of Turner’s motion to have the Plaintiff, Jerome Daly, a disbarred Minnesota lawyer, represent him in the criminal case; the appointment of a lawyer inexperienced in criminal tax work to defend Turner; and the appearance by Defendant, United States Attorney McCown and his Assistant, McGlinchey, in Court to oppose Turner’s “right” to have a spokesman of his own choice to defend him. The Defendant State Bar of Texas, and the Defendant Justices of the Texas Supreme Court are also cited for enacting various Canons of Ethics and Disciplinary Rules. The alleged effect of this conspiracy is that the Defendants have established a monopoly of the interstate practice of law in violation of the Sherman Antitrust Act and have additionally deprived the Plaintiffs of their constitutional rights. As relief the Plaintiffs seek the convocation of a Three-Judge Court, declaratory and injunctive relief, a declaration of the invalidity of 18 U.S.C.A. §§ 7 and 18, and Texas Revised Civil Statute 320a-l, The Texas Bar Act, and an injunction prohibiting the future enforcement of these statutes. Plaintiff Turner also seeks damages for injury to his business, person, liberty and life for a sum claimed to be unascertainable but in excess of $500,000 and attorney’s fees. The second cause of action outlined by the Plaintiffs is a “Conspiracy to Violate Civil Rights Along With a Conspiracy to Violate Antitrust Law and Oppression”. The Plaintiffs claim that the Defendants have unconstitutionally linked church and State together forming a monopolistic religion where the Judges are self-annointed High Priests and the licensed attorneys are the ministers. The basic tenet of this religion is said to be the overthrow of the Constitution and the establishment of an “oligarchical dictatorship with orchestrated nobility”. The religion generates itself through the licensing device whereby no one may represent another in Court unless he too has been annointed to practice in the temple of justice. The Plaintiffs state that this religion is contrary to the protections of the Bill of Rights as they too belong to a religion which has as its basic premise the Declaration of Independence and the Constitution. One of the corollaries of the Plaintiffs’ dogma is that since no man has the right to control the life of anyone else, the Defendants cannot, consistent with the Plaintiffs’ religious belief, force a litigant to take a licensed attorney when the litigant prefers to have unlicensed lay counsel. The Plaintiffs view this entire practice as a restriction on their right to practice religion and a violation of the concept of the separation of church and State. The Plaintiffs also make out an equal protection argument based on the fact that many other actors in Court — such as clerks, witnesses and pro se litigants — do not have to be licensed to speak in Court. Therefore, it is said to be a denial of equal protection to demand that persons representing others must be licensed attorneys. As damages the Plaintiffs seek an unascertained figure said to be in excess of $1,500,000 and attorney’s fees. Plaintiffs’ third cause of action arises under 42 U.S.C.A. §§ 1981, 1983, 1985 & 1986. After re-alleging “all of the foregoing” of the first and second causes of action, the Plaintiffs claim that the Defendants had the power to stop the deprivation of the Plaintiffs’ civil rights but have not done so. Thus the Plaintiffs are entitled to recover damages under 42 U.S.C.A. § 1986 in excess of $1,500,000. The Plaintiffs also seek to have the ABA and the State Bar Associations disbanded. The fourth cause of action re-alleges “all of the foregoing” and proceeds to state the same cause of action as is alleged in the third cause of action, with the only difference being that here the Plaintiffs specifically complain about the monopoly of the law business in interstate commerce. The Defendants are said to have the power to have stopped the monopoly to sell justice but did not, thereby creating a cause of action under 42 U.S.C.A. § 1986 and entitling the Plaintiffs to recover damages in excess of $1,500,000. The fifth cause of action is asserted by the Pláintiff Jerome Daly alone. He states that were it not for the foregoing monopoly, he could set up law schools in Texas and elsewhere which would net him in excess of $500,000,000. He further states that he has been prevented from practicing his religion and from establishing the Life Science Church, of which he is the Minister, in every state to his damage of $500,000,000. He also seeks injunctive and declaratory relief which would declare null and void and prevent the operation of those statutes which restrict the right of the Plaintiffs to have their own unlicensed spokesman represent them in court proceedings. A Three-Judge Court is requested to declare such statutes void and it is further requested that this Court disband the ABA and the various State Bar Associations. Plaintiffs request a jury trial and seek damages in excess of $2,000,000,000. The Defendant Judge Halbert O. Woodward has filed a Motion to Dismiss pursuant to Rule 12(b)(2) and (6), Fed.R. Civ.P., for the reason that the Court lacks jurisdiction over the Defendant Woodward and the Plaintiffs’ complaint fails to state a claim upon which relief can be granted. The gist of the Defendant Woodward’s motion is that Judges are immune from liability for damages for acts committed within their judicial jurisdiction. The remaining federal Defendants have also filed a Motion to Dismiss and/or Strike pursuant to Rule 12(b) and (f). These Defendants set forth eight grounds for dismissal: the Court lacks jurisdiction over the subject matter; each of the Defendants is immune from suit; the Court lacks jurisdiction over all of the Defendants who reside outside of the State of Texas; service of process upon all Defendants residing outside of the State of Texas is insufficient; venue of this action is improper; the Complaint fails to state a claim against any of the Defendants upon which relief can be granted; the Complaint contains immaterial, impertinent and scandalous matter; and the maintenance of this action is an abuse of the process of this Court. The Defendants American Bar Association, the State Bar of Texas, and Chesterfield Smith have filed a Motion to Dismiss and Alternative Motion for More Definite Statement. The basis of their Motion to Dismiss is that the Court lacks subject matter jurisdiction, that venue is improper, that the Plaintiffs’ Complaint fails to state a claim against the Defendants upon which relief can be granted, that the Plaintiffs’ Complaint is frivolous in its entirety, and that the Complaint is a sham. In the alternative, these Defendants have moved this Court for more definite statement of the Complaint. They have also moved that this Court issue an injunction against the commencement of similar litigation. The Defendant Justices of the Supreme Court of Texas and the Defendant Attorney General of Texas have filed a Motion to Dismiss or, in the alternative, a Motion for More Definite Statement. As grounds for their motion, they allege that the Court lacks jurisdiction, that venue is improper, that the complaint fails to state a claim upon which relief can be granted and that the complaint is so vague or ambiguous that the Plaintiffs should be required to file a more definite statement. Chief Judge John R. Brown of the Fifth Circuit designated the undersigned to sit in this case on May 6, 1974. THE PENNSYLVANIA CASE RAYMOND M. HARTMAN and JEROME DALY v. THE AMERICAN BAR ASSOCIATION, ET AL., CIVIL ACTION NUMBER 74-480, IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA On May 21, 1974, the Plaintiffs, Raymond M. Hartman and Jerome Daly, filed this civil antitrust action in the United States District Court for the Western District of Pennsylvania. The federal judicial Defendants are the same as those named in the Lubbock American Bar case discussed at length above. The ABA is also named as a Defendant as is Chesterfield Smith, John Doe and Richard Roe. Additional Defendants named in this case include George Washington and George Washington, Jr., who are licensed attorneys in the practice of law in Oklahoma; Richard L. Thorn-burgh, United States Attorney for the Western District of Pennsylvania; Thomas A. Daley, Assistant United States Attorney; John P. Hines, Trial Attorney, Tax Division, Department of Justice; and Thomas Plasko, Special Agent, Department of Justice. The general contours of the conspiracy, the general overt acts alleged, and the purpose and effect of the conspiracy are substantially similar to the Lubbock American Bar case. It is in the specific overt acts that this case differs from the Lubbock American Bar case. Apparently the Plaintiff Raymond M. Hartman has filed a civil action against C. W. Switzer in the Western District of Pennsylvania, Civil Action No. 780788. In that suit, Plaintiff Hartman moved the Court to allow the Plaintiff Jerome Daly, a person not licensed by any Court but only licensed by the Plaintiff Hartman, to be and act as counsel and spokesman for Plaintiff Hartman in the Switzer suit. Said motion was denied without opinion by Judge John Miller on February 4, 1974. The Plaintiffs allege that this denial of the Plaintiff Hartman’s motion was an overt act in the furtherance of the grand conspiracy. In a second and unrelated incident, the Defendants George Washington and George Washington, Jr. advised the Pennsylvania Bar Association that Jerome Daly, in a case in which they were once retained as counsel, had been practicing law without a license in the State of Pennsylvania, and suggested that he be criminally prosecuted. Hence, the second set of overt acts complained of in furtherance of the restraint of commerce conspiracy deal with the writing of that letter by George Washington and George Washington, Jr. Third, the Plaintiffs complain that the Judges of the United States District Court of the Western District of Pennsylvania overtly acted in furtherance of the conspiracy by setting minimum fees in personal injury litigation in violation of the Constitution and the Sherman Antitrust Act. Fourth, the United States Attorney Richard Thorn-burgh, Assistant United States Attorney Thomas Daley, and Tax Division Attorney John P. Hines have spoken out in open Court in opposition of Jerome Daly’s practice of law and that the Defendant Judge John Miller and Defendant Judge Daniel Snyder aided and encouraged these conspiratorial acts by excluding Jerome Daly or anyone else not licensed from practicing before them. Fifth, that the Defendant Judge Miller and the Defendants Thornburgh, Daley, and Plasko caused the arrest of Jerome Daly in Pittsburgh, Pennsylvania, in order to bring him into general disrepute in the community in furtherance of the conspiratorial monopoly herein alleged. The federal Defendants, including all of the named federal Judges, the federal attorneys, and Special Agent Thomas Plasko, have filed a Motion to Dismiss and/or Strike, in which they assert the same eight grounds as asserted by the federal Defendants in the Lubbock American Bar case. The Defendants ABA and Chesterfield Smith have filed a Motion to Dismiss and/or Strike, alleging the following grounds: the complaint fails to state a claim against these Defendants upon which relief can be granted; lack of subject matter jurisdiction; inadequate showing of venue; the complaint contains immaterial, redundant and scandalous matter; the Defendants ABA and Chesterfield Smith are not proper parties; the complaint fails to meet the standards of Rule 8, Fed.R.Civ.P., requiring that a complaint contain a short, plain statement showing that the Plaintiffs are entitled to relief; the complaint is signed without valid grounds to support the allegations therein; and the complaint is an abuse of the process of this Court. Chief Justice Warren E. Burger designated the undersigned to sit in this case in August, 1974. THE INDIANA CASES LORAN L. TAYLOR and JEROME DALY v. THE AMERICAN BAR ASSOCIATION, ET AL., CIVIL ACTION NUMBER S74-84, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA, SOUTH BEND DIVISION On April 8, 1974, the Plaintiffs Loran L. Taylor and Jerome Daly filed this civil antitrust action against the same federal judicial Defendants as were sued in the Lubbock American Bar case, and have similarly sued the American Bar Association and Chesterfield Smith. Additionally named as Defendants are the Indiana State Bar Association, State Circuit Court Judge John Montgomery, Justices Norman F. Auterburn, Roger O. DeBruler, Richard M. Givan, D. H. Hunter, and Dixon W. Prentice, who are all members of the Supreme Court of Indiana, and are members of the Indiana and American Bar Associations; Attorney General of the United States William Saxbe, Assistant Attorney General of the United States Scott P. Crompton, Chief of General Litigation Section, Tax Division of the Department of Justice, John J. McCarthy, and Tax Division Attorney Richard H. Scully of the Department of Justice; and John Doe and Richard Roe. The first section of the Complaint setting out the general contours of the restraint of trade in the so-called law business is similar to the principal conspiracy of the Lubbock American Bar case. The second section of the Complaint sets out overt acts which are specific to this case. The background of this and the next case, Taylor v. Montgomery, et al., may be summarized as follows: in December of 1972, the Plaintiff Loran L. Taylor, a proctologist, and his wife, Florence Taylor, borrowed $29,350.00 from The National Bank and Trust Company of South Bend. The note was to be repaid at the rate of $1,000.00 a month. The Plaintiff Loran Taylor made one payment and thereafter defaulted. Seeking to recover its money, the bank brought suit against Loran and Florence Taylor in the Court of the Defendant State Judge John Montgomery; during the course of that proceeding, the Plaintiff Taylor requested that one Bill Dob-slaw, an unlicensed lay attorney, be allowed to aid and assist him at the counsel table and to act as his spokesman in that proceeding, which request was refused. In that same suit, Dr. Taylor was found to be in contempt of Court and was sentenced to fourteen days in jail. On February 8, 1974, Loran Taylor filed suit in the South Bend Division of the United States District Court of the Northern District of Indiana against Judge John Montgomery, Judge Joseph Nyikos, the bank’s attorney, James Nafe, the Sheriff of St. Joseph’s County, Dean Bolerjack, and the bank that held his note, The National Bank and Trust Company. The basis of that action, which will be discussed more fully below, was an alleged deprivation of civil rights under color of state law. The case was assigned to the Defendant Federal Judge George Beamer. ' During the pendency of that federal suit, the Plaintiff Taylor requested that Jerome Daly be allowed to act as his counsel, which request was denied on March 29, 1974. A few days later, the Plaintiffs Taylor and Daly filed their American Bar suit in the same court. The specific overt acts alleged relevant to this suit are based on the foregoing history and include: the refusal of Defendant Judge John Montgomery to allow Bill Dobslaw to act as Dr. Taylor’s counsel in the state suit, the participation by the Defendant Justices of the Supreme Court of Indiana in American Bar Association and Indiana State Bar Association meetings designed to monopolize the so-called law business, the promulgation by all of the Defendants of the doctrine of judicial immunity to cloak them from their illegal acts, the refusal by Defendant Federal Judge George Beamer to allow Jerome Daly to act as counsel for Plaintiff Taylor in the aforementioned federal suit against the State Judges and the bank, the fixing of fees and the creation of a list of attorneys allowed to practice in criminal eases, the steering by Defendant Federal Judge George Beamer of the first federal case to Federal Judge Jesse E. Eschbaeh following the Defendant Beamer’s recusal from litigation in his Court involving the State Judges and the bank. The Defendant Beamer stated that said recusal was based on the fact that he is a personal friend of State Judges Montgomery and Nyikos. The Plaintiff Taylor claims that the case was assigned to Judge Eschbach because the Defendant Federal Judge Beamer knew that he would get a result in favor of his friends from Judge Eschbach. It is of note here that Judge Beamer was the Chief Judge of the Northern District of Indiana and Judge Eschbach was next in line in seniority by one day. Hence, Judge Eschbach was the natural choice to receive a case for reassignment from which the Chief Judge had recused himself. Also complained of and alleged as an overt act is the filing by the Defendants Scully, McCarthy, Crompton, and Saxbe of a Motion to Dismiss on behalf of the Tax Court Judges and other government Defendants in Hartman and Daly v. Tannenwald, Civil Action No. 74—126, filed in the Western District of Pennsylvania. The Plaintiff claims that this filing was in furtherance of the conspiracy in direct opposition to their oath to support the Constitution of the United States and the Sherman Antitrust Act. Plaintiffs request a jury trial and demand recovery in the sum of $14,000,-000.00, to be paid in nothing other than gold and silver coins. The Defendant State Judge John Montgomery has filed a Motion to Dismiss him from the litigation based on Rules 11 and 12, Fed.R.Civ.P. The substance of his Motion is that the Complaint states scandalous, redundant, immaterial and impertinent matter, that he, as a Judge, is immune from suit from any act performed within his jurisdiction, and that the Complaint fails to demonstrate that the Plaintiffs were damaged by any of the Defendant’s acts. The Defendant Indiana State Bar Association has filed a Motion to Dismiss pursuant to Rules 8, 11, and 12, Fed.R. Civ.P. The basis of its Motion is that the Complaint is not a short, plain statement as required by the Rules, that it contains scandalous matter, and that it is a sham. The Federal Judicial Defendants, as well as the Department of Justice Defendants, have filed a Motion to Dismiss and/or Strike, alleging the same grounds for dismissal set forth by the Federal Judicial Defendants in the Lubbock American Bar case. The Defendant State Supreme Court Justices Arterburn, DeBruler, Givan, Hunter, and Prentice have moved this Court to dismiss the Complaint as to them for the following reasons: lack of subject matter jurisdiction inasmuch that this action is in essence an action against the State of Indiana, and since the action seeks monetary damages only, it is barred by the Eleventh Amendment to the United States Constitution; judicial immunity; the inapplicability of federal antitrust laws to Federal and State Court rules per Parker v. Brown, 317 U.S. 341, 63 S.Ct. 307, 87 L.Ed. 315 (1943); the right to be represented by unlicensed advocates is not enshrined in the Constitution of the United States; failure to exhaust proper remedies for injuries they claim to have suffered as a result of improper or invalid Court orders; and failure to allege a case or controversy within the intendment of Article III of the United States Constitution, in that the Complaint fails to show how any injury, if any, suffered by the Plaintiffs is attributed to the alleged wrongs. These Defendants have also filed a Motion to Strike the entire Complaint on the basis that it fails to contain a short and plain statement of the claim showing that the pleader is entitled to relief as required by Rule 8(a), Fed.R.Civ.P., and on grounds that the Complaint contains impertinent and scandalous matter. The Defendants American Bar Association and Chesterfield Smith have moved the Court to Dismiss this Complaint on the following grounds: lack of subject matter jurisdiction, failure to state a claim upon which relief can be granted, presentation of nonjusticiable, political questions, improper service on the Defendant Chesterfield Smith, improper venue, and failure to comply with Rule 8, Fed.R.Civ.P. Chief Justice Warren E. Burger designated the undersigned to sit in this case on June 14, 1974. LORAN L. TAYLOR v. JOHN MONTGOMERY, ET AL., CIVIL ACTION NUMBER S74-29, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA, SOUTH BEND DIVISION In this action the Plaintiff Loran L. Taylor has filed suit against State Judges John Montgomery and Joseph Nyikos, Sheriff Dean Bolerjack, The National Bank and Trust Company, and its attorney, James Nafe. Jurisdiction is claimed to arise under the Constitution and laws of the United States and more specifically Articles 3, 4, 6, and Amendments 1, 4, 5, 6, 7, 9, 10, 13, and 14 of the Constitution of the United States, 28 U.S.C.A. § 1343, 15 U.S.C.A. §§ 1-7, and 42 U.S.C.A. §§ 1981 through 1989. The Plaintiff asserts two separate causes of action. The first is that named Defendants did conspire to deprive Plaintiff of his right to appear before Court with counsel of his own choosing. Included in this first cause of action is a full-scale attack on the Plaintiff’s contempt conviction referred to earlier. He states that there is no basis in law or in fact for a contempt of Court citation, that the Plaintiff was not apprised of the right that he could have counsel appointed by the Court to defend him, that he was deprived of his right to a trial by jury in the contempt proceeding, that the Plaintiff did not have compulsory process to obtain witnesses in his favor, that the Plaintiff was jailed without a warrant and without any legal process, that The National Bank and Trust Company and its counsel, Nafe, extorted $2,000.00 out of the Plaintiff before he could be released from jail, that the Defendant bank, Nafe, and Judge Montgomery conspired to deprive Plaintiff of his rights against self-incrimination, and that the Plaintiff was criminally punished because he would not surrender his Fourth, Fifth, and Fourteenth Amendment rights. In his second cause of action, the Plaintiff alleges a conspiracy among the Defendants, and the licensed attorneys and Judges of the Indiana State Bar Association and the American Bar Association to impede and restrain freedom of speech, the right to peacefully assemble in the Courts of the United States, the right to petition the government for redress grievances with a spokesman of their own choice, all in violation of the Declaration of Independence, the First, Fourth, Fifth, Sixth, Ninth, Tenth, Thirteenth, and Fourteenth Amendments to the Constitution, and the Sherman Antitrust Act, 15 U.S.C.A. § 1 eí seq. The Plaintiff further contends that the conspiracy is supported and furthered by the “Canons of Ethics and Disciplinary Rules of Professional Responsibility,” and fee fixing. The Plaintiff points out that one of the net effects of this conspiracy is that he was forced to purchase legal fees and services from a member of the monopoly in the conspiracy above alleged at an unreasonably high and fixed price. Upon being jailed, the Plaintiff alleges that the Defendant Bolerjack, Sheriff of St. Joseph County, in furtherance of the conspiracy, would not let anyone, even the Plaintiff’s wife, in the jail to see and consult with the Plaintiff except an attorney licensed by the said conspiracy. He further alleges that the Defendant Judges and lawyers along with other co-conspirators have established an oligarchical dictatorship with an orchestrated nobility, whose basic purpose is to overthrow the Constitution of the United States, and that as a direct and proximate result of this conspiracy and other violations of the Sherman Antitrust Act, the Defendants have effectively denied Plaintiff access to the Courts. Plaintiff seeks over $2,000,000.00 in damages and demands that it be paid in nothing other than gold and silver coins. The Defendants have filed identical Motions to Dismiss or in the Alternative for Summary Judgment. The grounds for their Motions are that the Complaint states nothing more than vague and conclusionary allegations, that the Civil Rights Acts do not create a cause of action - for false imprisonment, that the Plaintiff has failed to exhaust his state remedies, and that the Defendant Judges are protected by judicial immunity. The Plaintiff has filed an instrument which announces his intention to move the Court to allow him to have Jerome Daly, a person not licensed to practice law by any Court, or if he is unavailable, then any other person not licensed to practice by any Court, but only licensed by the Plaintiff, appear for the Plaintiff and to speak for him in all future proceedings before the Court. His notice contains a written statement by Jerome Daly that he consents to appear with the Plaintiff Taylor to aid him and to speak in his behalf. This case was assigned to the undersigned by Chief Justice Warren E. Burger on July 24, 1974. LARRY S. PENDELL, BARBARA A. PENDELL, and LORAN L. TAYLOR v. THE AMERICAN BAR ASSOCIATION, ET AL., CIVIL ACTION NUMBER S75-74, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA, SOUTH BEND DIVISION On April 14, 1975, Plaintiffs Larry S. Pendell, Barbara A. Pendell, and Loran L. Taylor filed suit against the American Bar Association, the Indiana State Bar Association, United States District Judge Robert A. Grant, and Indiana State Judges Aldo Simpson, Charles Hughes, Stanley Raymer, James A. Simpson, Frank Algate, Lee Mellinger, John Doe, and Richard Roe. Jurisdiction is predicated upon the Sherman Antitrust Act, 15 U.S.C.A. §§ 1-28, and 42 U.S.C.A. § 1983 and § 1985. The allegations contained in the Complaint are similar to the Lubbock American Bar case although this Complaint is much more streamlined and less prolix than the Lubbock Complaint. The overt acts particular to this lawsuit derive from the denial by Defendant State Judge Aldo Simpson of a motion filed by the Plaintiff Larry Pendell to permit Jerome Daly to represent him in a State Court proceeding. The Defendant State Judges have filed similar Motions to Dismiss alleging that the Court lacks subject matter jurisdiction, and that the Complaint fails to state a claim upon which relief can be granted. They have also filed a Motion to Strike on the ground that the Complaint fails to comport with the requirements of Rules 8(a) and 8(e) and 12(f). The Defendant American Bar Association and the Defendant Indiana State Bar Association have filed similar Motions to Dismiss and/or Strike on the grounds that the Complaint fails to state a claim upon which relief can be granted, and that the Complaint is in violation of Rules 8(a)(2) and 8(e)(1) and 12(f), Fed.R.Civ.P., and Local Rule 6(a). The Defendant Federal Judge Robert A. Grant has filed a Motion to Dismiss or in the Alternative for Summary Judgment. The Motion is premised on the following grounds: failure to state a claim upon which relief can be granted, lack of subject matter jurisdiction, judicial immunity, res judicata, abuse of process, improper venue, and insufficient service of process. Additionally, this Defendant had requested an injunction against any future similar litigation against federal officials. The Chief Justice Warren E. Burger assigned this case to the undersigned on May 15, 1975. THE MINNESOTA CASE DANIEL M. PILLA and JEROME DALY v. THE AMERICAN BAR ASSOCIATION, ET AL., CIVIL ACTION NUMBER 4-74-190, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, FOURTH DIVISION On April 8, 1974, the Plaintiffs, Daniel M. Pilla and Jerome Daly, citizens of the State of Minnesota, brought this civil antitrust action against the following Defendants: the same federal judicial Defendants that were sued in the Lubbock American Bar case, Minnesota Supreme Court Justices Oscar R. Knutson, Robert J. Sheran, Fallon Kelley, Harry H. MacLaughlin, James C. Otis, Donald Peterson, Walter F. Rogosheske, George M. Scott, John Todd, Lawrence R. Yetka, individually and as Justices of the Minnesota Supreme Court; Minnesota District Court Judges John M. Fitzgerald, Robert Breunig, Lawrence Lenertz, Irving C. Iverson and Luther Sletten; Minnesota Attorney General Warren Spannaus; United States Magistrates Earl Cudd and George McPartlin; Clerk of the United States Court of Appeals for the Eighth Circuit Robert C. Tucker; Former United States Attorney Patrick Foley; United States Attorney Robert Renner; Commissioner of Internal Revenue Donald C. Alexander; United States Probation Officers Don Kostohryz and James A. Zuehl; Deputy Minnesota Attorney General C. H. Luther; Former Commissioner of Internal Revenue Johnny Walters; Oklahoma lawyers George Washington, Sr. and George Washington, Jr.; counsel and members of the Ethics Committee of the Minnesota State Bar Association Craig W. Gagnon, George Ramier, Herbert C. Davis, C. Donald Odden, Richey B. Reaville; Assistant Administrator Minnesota State Board of Professional Responsibility Robert H. Meier; Director of Professional Responsibility Minnesota State Bar and Former Counsel for the First National Bank of St. Paul, Paul R. Sharood; John Fried-rich and Ralph Fosseen, believed to be Minnesota State Judges; Hyman Edelman, at present unidentified; the American Bar Association and Chesterfield Smith; the Minnesota Bar Association; John Doe and Richard Roe. All of the above are named in their capacity as individual private citizens, but a close reading of the complaint shows that the State and federal Defendants are also being sued for acts carried out in their official capacities. The first section of the complaint setting forth the general contours of the conspiracy to monopolize the so-called law business and the overt acts carried out in the furtherance thereof is similar to the principal conspiracy alleged in the Lubbock American Bar case. The second section alleges overt acts specific to this lawsuit; the acts complained of are somewhat foggy and it is not at all clear who did what and why. These overt acts include the refusal of various State Court Judges, State Supreme Court Justices, Federal District Judges, Federal Appellate Judges, and the Department of Treasury to allow the Plaintiff Daly or anyone else not licensed by them to practice before them; the conspiratorial disbarment of the Plaintiff Daly by the Minnesota State Bar Association, accomplished in part to further an alleged stock fraud scheme; rulings adverse to the Plaintiff Daly by various State and Federal Judges in judicial proceedings in which he was involved, including several findings of contempt; a concerted cooperative effort by banks, corporations and the Minnesota Supreme Court to illegally control the Minnesota State Bar Association in the furtherance of their own private illegal interests; I.R.S. and judicial harassment of the Plaintiff Daly and others in the exercising of their rights to petition their government for redress of grievances and peaceably assemble by means of arrest and infiltration of their meetings; and the unconstitutional levying of a tax by the Minnesota Supreme Court on practicing attorneys. The Federal Defendants, including all of the named Defendant Federal Judges and their named Defendant supporting personnel, the named Department of Justice Defendants, and the Commissioner and Former Commissioner of Internal Revenue, have filed a Motion to Dismiss and/or Strike, alleging eight grounds identical to those alleged by the Federal Judicial Defendants in the Lubbock American Bar case. The Defendants Ramier, Davis and Edelman have filed a Motion to Dismiss and/or Strike, alleging that the complaint fails to state a claim against any of these Defendants on which relief can be granted, the complaint contains impertinent and scandalous matter, and the maintenance of the action is an abuse of the process of the Court. The Defendants George Washington and George Washington, Jr., Oklahoma attorneys, have filed a Motion to Dismiss, stating that the complaint fails to state a cause of action against them. The Defendants ABA and Chesterfield Smith have filed a single instrument which is a combination of a Motion to Dismiss, Motion to Strike and Motion for Summary Judgment. These Defendants say that the complaint should be dismissed on the grounds that it fails to state a claim upon which relief can be granted; that the complaint should be struck on the grounds that it is a sham, an abuse of the process of this Court and consists entirely of redundant, immaterial or scandalous matter; in the alternative, these Defendants seek a summary judgment on the grounds that there is no genuine issue of material fact and that these Defendants are entitled to judgment as a matter of law. The State Judicial Defendants, the Defendants associated with the State Attorney General’s office, and those presently or formerly associated with the Minnesota State Board of Professional Responsibility have filed an instrument which announces their intent to file at some future unspecified date a Motion to Dismiss on the grounds that this Court lacks subject matter jurisdiction and that the complaint fails to state a claim upon which relief can be granted. The Plaintiffs seek many millions of dollars worth of damages and have requested a jury trial. The undersigned was designated to hear this case by Chief Justice of the United States, Warren E. Burger, on June 14, 1974. THE ALABAMA CASE NOAH JEFFERSON CARDEN v. WILLIAM BREVARD HAND, ET AL., CIVIL ACTION NUMBER 74-426, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA On October 10, 1974, the Plaintiff, Noah Jefferson Carden, filed suit against the following Defendants: United States Supreme Court Justices Warren E. Burger, Lewis F. Powell, Jr., Potter Stewart, William H. Rehnquist, Harry A. Black-mun, Byron R. White and Thurgood Marshall; virtually all of the Judges of the Fifth Circuit; Justices Howell T. Heflin, Pelham Jones Merrill, James Samuel Coleman, Robert Bernard Harwood, James Nelson Bloodworth, Alva Hugh Maddox, Daniel Thompson McCall, Sr., James Hardin Faulkner and Richard L. Jones of the Supreme Court of Alabama; present and former Justices of the Minnesota Supreme Court Robert J. Sheran, Oscar R. Knutson, Walter F. Rogosheske, Martin A. Nelson and Thomas Gallagher; Federal Judges Miles W. Lord and Edward J. Devitt of the District of Minnesota; United States Attorney for the Southern District of Alabama C. S. White-Spunner, Jr.; United States Magistrate Allan R. Cameron; I. R. S. Regional. Counsel Henry C. Stocked; the ABA and its former President, Chesterfield Smith; The Alabama Bar Association and its President, Roland Nachman; and attorneys M. Lloyd Roebuck and Doyle Coats. The complaint alleges a conspiracy substantially similar to the principal conspiracy of the Lubbock American Bar case. There appear to be two sets of overt acts particular to this case: the first being that the Defendant State Bar and its President and the Chief Justice of the Alabama Supreme Court, Howell T. Heflin, spearheaded a drive to reform or overthrow the Alabama State Constitution. The second set of overt acts particular to this complaint deals with the refusal of Defendant Federal Judge William Brevard Hand to allow the Plaintiff Car-den to have Admiral Crommelin represent him in United States v. Carden, Criminal No. 74-1, Southern District of Alabama. Following this action, Defendant Federal Judge Hand questioned a court-appointed attorney, the Defendant Roebuck, as to his ability to represent Plaintiff Carden in this criminal matter. Defendant Roebuck stated that he was completely unfamiliar with, and inexperienced in Federal Income Tax cases. The Defendant Judge Hand nevertheless ordered Defendant Roebuck to represent Plaintiff Carden in the criminal tax case. It is further alleged that the Plaintiff has been harassed by the I.R.S. and the F.B.I. The complaint also refers to the history of Jerome Daly’s disbarment, his subsequent arrest and the Court’s alleged participation in a stock rigging — land confiscation scheme involving church bonds of the Lutheran Church. Individually cited as co-conspirators are Defendant Judge Devitt, who excluded Daly from practicing after his disbarment, the Defendant Minnesota Supreme Court Justices who disbarred him, and Defendant Federal Judge Frank Johnson, who refused to allow Daly to appear as counsel following his disbarment in the case of one Charles Muncaster. The Minnesota Bar Association which is cited for conspiring with Defendant Judges Johnson, Lord and Devitt, is likewise named as a co-conspirator. In addition to the Sherman Antitrust Act, 15 U.S.C.A. § 1 et seq., the Plaintiff has invoked 42 U.S.C.A. §§ 1983, 1985 and 1986, the United Nations Charter, United Nations Law, the International Monetary Fund and the Brenton Woods Agreement. Plaintiff seeks damages in the millions to be paid only in gold and silver. The Defendant Nachman has filed a Motion to Strike and Motion to Dismiss on the grounds that the complaint as a whole is immaterial, impertinent, redundant and contains scandalous and prolix matters. In the alternative, seeking to dismiss, he states that this Court lacks jurisdiction over the subject matter, the complaint fails to state a claim upon which relief can be granted, and that the venue is improper. The Defendant Roebuck has filed a Motion to Dismiss on the grounds that no cause of action is stated against him, the complaint fails to state a claim upon which relief can be granted, that the Defendant Roebuck is immune, and that this action is barred by the Doctrine of Res Judicata by virtue of the finding that a previous similar complaint failed to state a claim upon which relief could be granted, Carden v. Roebuck, Civil Action Number 74-305-P, filed in the Southern District of Alabama. The Defendant Justices of the Supreme Court of Alabama have filed a Motion to Strike and Dismiss. They claim that the whole complaint should be struck as it contains redundant, immaterial, impertinent and scandalous matters, that the complaint has not been signed by the Plaintiff. Alternatively, they move to dismiss this complaint for failure to state a claim as against these Defendants; they also allege that venue is improper. The Defendant Justices of the Minnesota Supreme Court have filed a Motion to Dismiss. It is their position that the Court does not have in personam jurisdiction over these Minnesota Justices for the reason that extraterritorial service over them was either unauthorized or ineffective. The American Bar Association, Alabama State Bar Association, and Chesterfield Smith have filed a Motion to Dismiss on the grounds that the complaint fails to state a claim against these Defendants upon which relief can be granted, that any claim is barred by the one-year statute of limitations, Alabama Code, Tit. 7, §§ 26-31, and by equitable principles of laches, that there is a lack of subject matter jurisdiction, that there is no justiciable controversy between the Plaintiff and Defendants, and that the complaint is frivolous and insubstantial. The Federal Defendants have filed a Motion to Dismiss on the grounds that the complaint fails to state a claim upon which relief can be granted, the Court lacks subject matter jurisdiction, the action is barred by res judicata, and the Federal Court lacks in personam jurisdiction over the Federal Defendants residing outside of the State of Alabama. The Federal Defendants have filed a brief in which they raise additional points in support of their Motion to Dismiss: judicial immunity, failure to state a short and plain cause of action pursuant to Federal Rule 8, Res Judicata, lack of in personam jurisdiction, and frivolous abuse of process. The Defendant Federal Judges Newell Edenfield, Albert J. Henderson, Jr., Frank A. Hooper, William C. O’Kelley, Charles A. Moye, Jr., Sidney O. Smith, Jr., Richard C. Freeman and Defendant I. R. S. Counsel Stockell all have filed an Answer. In it they allege that the Court lacks subject matter jurisdiction and in personam jurisdiction, that the complaint fails to state a cause of action upon which relief can be granted and that these Defendants are entitled to a judicial immunity. In addition, they deny that they engaged in any conspiracy to infringe upon the Plaintiff’s rights. The Plaintiff has stated on the record that since the Defendants are sued in their private capacity he objects to the use of public money to defend Defendants. Chief Justice Warren E. Burger designated the undersigned to sit in this case on December 18, 1974. THE WISCONSIN CASE THOMAS F. STOCKHEIMER and JEROME DALY, ET AL. v. THE AMERICAN BAR ASSOCIATION, ET AL., CIVIL ACTION NUMBER 75-C-182, IN THE UNITED STATES DISTRICT COURT, FOR THE WESTERN DISTRICT OF WISCONSIN On April 29, 1975, the Plaintiffs filed this civil rights — antitrust action against the American Bar Association and the State Bar of Wisconsin, United States Attorney General Edward Levi, and United States Attorney for Wisconsin, David C. Mebaine, Wisconsin Governor Patrick Lucy, and State Attorney General Bronson C. LaFollette, and State District Attorneys Robert W. Wing, Thomas P. Haughian, and Owen Williams; State Supreme Court Justices Horace W. Wilke, Bruce Beilfuss, Nathan S. Heffernan, Leo B. Hanley, Connor T. Hansen, Robert W. Hansen, and Roland B. Day; State Judges William McEwen, Marshall Norseng, James H. Levi, A. Don Zvwickey, Nathan E. Wiese, John G. Bartholomew, Thomas H. Barland, Joseph W. Hughes; and LeRoy L. Dalton, Warren H. Resh, and John B. McCarthy, believed to be Wisconsin attorneys. The conspiracy alleged is substantially similar to the conspiracy set out in the Lubbock American Bar case. The overt acts particular to this case arise from the Court’s refusal in several instances to let the Plaintiffs have unlicensed counsel of their own choosing. The Plaintiff Peterson is the Pastor of the Basic Bible Church of Minneapolis which has as its basic precept the Constitution of the United States, with the exception of the Sixteenth Amendment, and what is called a basic law of nature that every man has a right over his own life, that he has no right over the life of anyone else, and that no one else has a right over his life. Apparently from this precept springs forth their interpretation of the Constitution that anyone may freely choose another to represent him in court proceedings. In the federal criminal proceeding against Peterson, Peterson apparently sought to have Daly represent him, which was opposed by the Defendant Mebaine in furtherance of the conspiracy. The Plaintiff Haase now has a case pending before the United States District Court in Wisconsin, seeks to have an assistant and spokesman of his own choice to help him, but cannot because of statutes prohibiting the unlicensed practice of law. He claims injuries to his business and property in excess of $100,-000.00. The Plaintiff Graf seeks to make use of the Courts with the aid of the Plaintiff Haase as his assistant and spokesman but cannot because of the unauthorized law practice statutes and claims that his business and property have been damaged in excess of $100,000.00. The Plaintiffs Ramsden and Johnson are attempting to make use of the Courts but have been prohibited from using spokesmen of their own choice by the unauthorized practice statutes. They also seek damages in excess of $100,000.00. The Plaintiffs state that the people did not intend that there would be restrictions on the right of citizens to appoint and select their own counsel and allege that many actors on the political arena, including United States Judges, United States Attorneys, the Attorney General, the President, Members of Congress, Federal Officers, witnesses, the Clerk, and jurors do not have to be lawyers to appear and practice in Court, nor does one have to be a lawyer to represent himself in Court. Therefore, they claim it is a violation and a denial of equal protection of law to require that a litigant have a licensed lawyer to represent him if he does not want to represent himself. This constitutes the basic conspiracy under § 1983. The allegation under § 1985 is that the Defendants, with the knowledge of the wrongs conspired to be done, have failed to prevent these wrongs when it was within their power to do so as required by 42 U.S.C.A. § 1986. Plaintiff Burich, presently involved in a criminal proceeding in the State Court, is presently being deprived of his right to have unlicensed counsel by the denial of his request to have Daly represent him in State Court. Burich seeks damages in excess of $100,000.00 against the Defendants Levi, Zvwickey and Wiese who supposedly conspired in denying his request. The Defendant American Bar Association has filed a Motion to Dismiss pursuant to Rule 12(b) and it alleges as grounds therein: lack of subject matter jurisdiction, insufficiency of service, failure to state a claim upon which relief can be granted, the Complaint is redundant, immaterial, impertinent, and scandalous; failure to comply with the requirements of Rules 8, 11, and 12. The American Bar Association has filed a Motion to Tax Costs and a Supporting Memorandum. The Defendants State Bar of Wisconsin, the Governor, the State Attorney General, the State District Attorneys, and Defendant State Judges have filed an Answer denying the existence or their participation in any conspiracy to deprive the Plaintiffs of their constitutional rights. These Defendants have also filed a series of Motions to Dismiss on the following grounds: immunity of Judge and Prosecutor, the unripeness of claims presented in the Complaint, and failure by the Plaintiffs Odell, Iwen, McNeely, and Svee to present a claim upon which relief can be granted as these Plaintiffs demonstrated no individual harm in the Complaint. The Federal Defendants have filed a Motion to Dismiss and/or Strike claiming that this Court lacks subject matter jurisdiction, that the Court lacks in personam jurisdiction over Defendants who do not reside in Wisconsin, that the Complaint fails to state a claim against these Federal Defendants upon which relief can be granted, that the Complaint is an abuse of process, and that venue is improper. The Plaintiffs have filed a Brief in Opposition to these Defendants’ Motions. On June 24, 1975, the undersigned was assigned to this case by Chief Justice Warren E. Burger. There are still other similar cases pending around the country which have been assigned to other judges. At this writing, at least seven of these other cases have been dismissed and injunctions against similar litigation have been issued in two of them. On May 6, 1975, this Court held a consolidated hearing in the cases of Turner and Daly v. American Bar Association et al., supra, and Turner v. Hunt et al., supra and United States v. Turner, supra, in Lubbock, Texas. Represented at that hearing were the Plaintiffs Turner and Daly appearing pro se, and the Defendant Federal Judges, Federal Prosecutors and their agents, the State Bar of Texas and the American Bar Association, all of whom were represented by counsel. The Court listened to all that both sides had to say for several hours and every party was provided an opportunity to fully explain his views. While this Court can understand from a professional point of view the judiciary’s impatience with these rambling and inartfully drawn complaints which seek billions of dollars in damages from the entire judiciary, this Court must respectfully disagree with those other Courts which believe that these suits are nothing more than a character assassination of the judiciary. This is so for several reasons. First, with regard to the longwinded, inconcise, and, at times, incoherent allegations of the complaint, this Court is under a duty to liberally construe pleadings filed by pro se litigants. Kelly v. Butler County Board of Commissioners et al., 399 F.2d 132 (C.A.3, 1968); Weaver v. Pate, 390 F.2d 145 (C.A.7, 1968); Eaton v. Bibb, 217 F.2d 446 (C.A.7, 1953), cert. den., 350 U.S. 915, 76 S.Ct. 199, 100 L.Ed. 802 (1955). Second, by virtue of the Lubbock hearing, this Court is of the opinion that the Plaintiffs are sincere in their beliefs and in the questions that they are trying to raise. Third, with regard to the merits of the claims presented, this Court notes that the Plaintiffs have tangentially asserted at least two points of law which the Supreme Court has since recognized: that mandatory minimum fee schedules are violative of the Sherman Antitrust Act, Goldfarb v. Virginia State Bar, 421 U.S. 773, 95 S.Ct. 2004, 44 L.Ed.2d 572 (1975), and that a State cannot force counsel on an unwilling criminal defendant, Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). This Court has read and re-read the complaints in these cases many times, as well as the Plaintiffs’ Briefs which have been filed in two of these cases. In the fabric of this nationwide litigation, there is but one thread that is woven and rewoven into the whole with sufficient clarity to delineate a claim: the denial by State and Federal Courts of the plaintiffs’ alleged right, springing from the First, Sixth and Fourteenth Amendments, to have spokesmen of their own choice represent them in criminal and civil proceedings in Court. This Court will consider the Plaintiffs’ claim under the Sixth Amendment first. The Sixth Amendment states: “In all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for his defense.” Through its 185-year life, the Sixth Amendment has been interpreted and applied in tens of thousands of criminal prosecutions in State and Federal Courts. Curiously enough, very few of the Appellate decisions have dealt directly with the central question in this litigation. The surprising absence of controlling precedent in this area is best emphasized by the fact that the Supreme Court has just recently recognized for the first time in the history of our country the constitutional right of a defendant to defend himself without counsel in a State criminal prosecution. See Faretta v. California, supra. Nor has this Court been aided to any great degree by briefs of the various Defendant State Bar Associations who are vitally affected by the central issue in this case. In order to understand the concept of “counsel” as it is used in the Sixth Amendment, it is necessary to start with an understanding of the common law system as it existed in England. The English today and for centuries past have had a bifurcated system of practice where work was divided between barristers and solicitors. The barrister enjoys the monopoly of the right of advocacy in the superior English Courts. A barrister became such by being called to the Bar by one of the Inns of Court. He was later promoted by the Inn to Reader and then to Bencher and was thereafter “selected and tacitly allowed by the Judges to practice in the Courts.” The work of the solicitor most nearly corresponds to the practice of law in the United States today. The solicitor enjoy