In Forma Pauperis -
Further Information

Appointed Counsel in Civil Matters? Decide for yourself. Does forcing indigents to live without litigation of the truth of their evidence violate Ninth Amendment protections? If a person becomes psychologically caught between the desire to be law abiding, and the corruptions of the legal system, is that person then "physically imprisoned", and Constitutionally entitled to the appointment of counsel in civil matters? You decide. Is it the responsibility of indigents who have been beaten by the system to finance correction of those wrongs in the system, or is it the system's responsibility? You decide. And if you can help draft the Federal Court Petition for such appointment, please contact me....Thank you!

At this website you can read "about me", alan joseph samson, carpenter, proceeding "in forma pauperis", under authorities provided in Proverbs 22(19-29)KJV and the Ninth Amendment of the Constitution of the United States of America. Reporters will find overviews from the "Letters in Support" by "Richard Spaulding of San Diego Daily Transcript" and "Bob Hudson of Senator Pete Wilson's office" and all the "News Articles". Information on the current status of all cases is found at the "Table of Contents".

The "Chronology of Events" pages will show the terror I felt then, and still flashback upon even now, though my thirteen years of fighting governmental reprisals against me might seem over with now, to some.

While the primary purpose of this website is to encourage healing with my "Post Traumatic Stress Disorder (PTSD)", many will find information here that should prove useful in their own efforts against wrongful convictions and corrupt activities in the courts, because of the I Want Justice! Webring link near the bottom of this page, and all the case law shown herein.

Supporting documentation for the right to appointment of counsel in civil matters is found in the "Quail v. Municipal Court - 171 Cal App 3d 572; 217 Cal Rptr 361; Johnson, J., concurring and dissenting (8/85)", but your understandings should be primed first with the information contained at the cached pages for "Your right to a free lawyer and how that lawyer is paid" and "What happened to your right to counsel?".

I am currently compiling the statutes and caselaw that establishes the right to "appointed counsel in civil matters and criminal matters for each of the fifty States." If you have any citations, please send them to me at sallykish@aol.com or add them to the "New Legal Remedies Forum" link below. I am specifically interested in the cases which helped to develop the law as it exists today. Did we begin with the right to appointment of counsel because of "King Henry VII", and it was taken away, or did we never have it and it has been developed through caselaw and statutes? If the issue is the loss of "physical liberty", do you think that an indigent's physical liberty is taken by the system that simply denies full hearing on basis that the person cannot speak the language of law?

The "Common Law References" and the "Ninth Amendment References" contained herein are images of the actual writings and can be downloaded for zoom viewing and printing.

Even though "US Attorney William Braniff" referred my cases to the Executive Offices of the United States Attorneys, and "HUD Deputy Secretary Gilmartin Report" suggests that my house was not wrongfully foreclosed upon by HUD, even after I proved the decision to foreclose was contrary to HUD rules in "my response to the Gilmartin report", this website will show information to support that I have not received "due process" as is guaranteed by the US Constitution, and that I have always been entitled to the HUD Assignment Program. (Read "HUD Controversy" in the "Table of Contents")

All cases consolidated are now part of my bankruptcy estate. As of yet, the US Trustee has not acted on behalf of my estate, as provided in 11usc1302, "Notes of Committee on the Judiciary, Senate Report No. 95-989 ...'Subsection (b)(1) makes it clear that the chapter 13 trustee is no mere disbursing agent of the monies paid to him by the debtor under the plan (section 1322 (a)(1)), by imposing upon him certain relevant duties of a liquidation trustee prescribed by section 704 of this title"...

You can get an idea of what plea bargaining might be like now at "Plea Bargaining: An Unconstitutional Delegation of Judicial Power to the Executive Branch of Government; a Free-Market Solution to Unconstitutional Plea Bargaining". Then read a "newspaper editorial from San Diego Superior Court Judge Hammes", on why plea bargaining is a necessity in 95 percent of the cases or "the system would begin to collapse"...along with her part in the ORDERS upholding denial of withdrawal of my forced guilty plea, even though the District Attorney had filed a "falsified transcript of the Hearing to Withdraw Guilty Plea" and I made every effort to make sure the courts, and the San Diego Grand Jury, took notice. Thankfully, the "State Bar of California" is trying to improve things. Nobody should have to endure such as my experiences with the El Cajon Municipal Court and "Judge Christine Goldsmith."

(Note: Please read the following...

69 Fordham L. Rev. 1785, April 2001, "Symposium The Constitution of Equal Citizenship for a good society: Access to Justice, by Deborah L. Rhode":

Click to see full version of 69 Fordham Law Review 1785

..."'Equal justice under law is one of America's most firmly embedded and widely violated legal principles. It embellishes courthouse entries, ceremonial occasions, and occasionally even constitutional decisions. But it comes nowhere close to describing the justice system in practice. Millions of Americans lack any access to the system, let alone equal access. An estimated four-fifths of the civil legal needs of the poor, and the needs of an estimated two-to three-fifths of middle-income individuals, remain unmet. Governmental legal services and indigent criminal defense budgets are capped at ludicrous levels, which make effective assistance of counsel for most low-income litigants a statistical impossibility. We tolerate a system in which money often matters more than merits and equal protection principles are routinely subverted in practice. This is not, of course, the only legal context in which rhetoric outruns reality. But it is one of the most disturbing, given the fundamental nature of the individual rights at issue. It is a shameful irony that the nation with the world's most lawyers has one of the least adequate systems for legal assistance. It is more shameful still that the inequities attract so little concern. Over the last two decades, national spending on legal aid has been cut by a third, and increasing restrictions have been placed on the cases and clients that government-funded programs can accept. Entire categories of the 'unworthy poor' have been denied assistance, and courts have largely acquiesced in these limitations. The case law governing effective assistance of counsel and access to nonlawyer services is a conceptual embarrassment. Yet neither the public nor the profession has been moved to respond in any significant fashion. Access to justice is the subject for countless bar commissions, committees, conferences, and colloquia, but it is not a core concern in American policy decisions, constitutional jurisprudence, or law school criteria."..."It is a national disgrace that civil legal aid programs now reflect less than 1% of the nation's legal expenditures. And it is a professional disgrace that pro bono service occupies less than 1% of lawyer's working hours. We can and must do more, and our greatest challenge lies in persuading the public and the profession to share that view. More education and research needs to focus on what passes for justice among the have-nots. Law schools have a unique opportunity and a corresponding obligation to insure that issues concerning access to legal serviices occupy a central place in their curricula, and that pro bono activity plays a central role in their students' educational experience. This country has come a considerable distance since 1919, when Reginald Heber Smith published his landmark account of Justice and the Poor. At that time, the entire nation had only about forty legal aid organizations, with sixty full-time attorneys and a combined budget of less than $200,000. Yet despite our substantial progress, we are nowhere close to the goal that Smith envisioned: 'that denial of justice on account of poverty shall forever be made impossible in America.' That ideal should remain our aspiration, and occasions like this can serve as reminders of all that still stands in the way.")(Preface and last two paragraphs respectively, footnotes omitted))

Please, share your story about wrongful conviction, corruption in any court, or that you still have a nasty feeling in your soul that things did not go quite right, at the LegalRemedies Forum...

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alan joseph samson
sallykish@aol.com

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