The Donley County Court met in Judge John Howard’s office Tuesday afternoon for a pre-trial hearing in the case of a man who is fighting a traffic citation by saying the state’s laws do not apply to him.
County Attorney Landon Lambert said Caleb Nathaniel Hudson was given a citation for speeding on December 20 near Mile Marker 166 on US 287 west of Clarendon.
Lambert said a jury was assembled for a trial in the court of Justice of the Peace Pam Mason last month but nothing happened because Hudson objected and said he wanted to have a trial “on the record.”
During that court appearance, Hudson was found in contempt, jailed for a few hours, and fined $50. He was also compelled to enter a plea.
“He could have entered any plea,” Lambert told the Enterprise. “Guilty, not guilty, or no contest – but he had to enter a plea. He pled not guilty.”
During Tuesday’s county court hearing on the record, Judge Howard explained his court’s legal jurisdiction in the case. Hudson objected, and Howard asked the defendant, who was representing himself, whether or not he believed the law applied to him as the defendant.
Hudson responded that the law of the US Constitution applies to him but the laws and statues of the state do not. He also repeatedly asked for his rights under the “laws of the Republic” as a “free man” and asked for an “Article Three court.”
Judge Howard explained that Article Three defines federal courts under the United States Constitution but that county court, which has jurisdiction in the Texas Transportation Code, is defined by Article Five of the Texas Constitution.
“I believe I have a right to the laws of the Republic,” Hudson said.
Howard ruled that the laws of Texas apply to the defendant. Hudson objected and was overruled. The judge also explained how court proceedings would work in a jury trial in county court.
The defendant got into a disagreement with the Lambert about whether or not the defendant had entered a not guilty plea. At one point, the county attorney declared Hudson had “wasted enough time” and asked the defendant if he needed to be sent to a mental health facility.
Judge Howard told the defendant he was “making this a lot more complicated than it should be,” and said that, from his writings, the defendant was trying to apply the Uniform Commercial Code when the Texas Transportation Code applies.”
When Howard said Hudson was driving at the time of the alleged violation, Hudson claimed he wasn’t “driving,” he was “traveling,” and “the Constitution guarantees my right to travel.”
He also claimed that case law says traffic citations can’t be heard by criminal courts. Howard and Lambert both challenged him to produce such case law.
“You’re telling me that every court in the State of Texas is doing it wrong?” Howard asked.
Later, Judge Howard further explained how a jury trial will be conducted.
“We will not argue matters of law before the jury,” Howard said. “We will not waste their time. The trial will be on the question of if Caleb Hudson…”
“I’m not Caleb Hudson,” the defendant said, cutting off the judge.
“If you’re representing someone else, then you are practicing law without a license, so I’m not accepting that,” Howard said.
The judge also said if Hudson attempted to argue matters of law that he had already ruled on in front of the jury, he would warn him once and then find him in contempt.
The court set Hudson’s jury trial for Tuesday, August 6, at 9 a.m.
Leave a Reply
You must be logged in to post a comment.