I'm going over some of Bill Thornton notes I have and he brings up California Penal Codes, The topic he speaking of mentions Requirements of a Court of Record. This is actually part of a transcript I'm going over:
" 1. generally has a seal
2. power to fine or imprison for contempt
3. keeps a record of the proceedings
4. proceeding according to the common law (not statutes or codes)
5. the tribunal is independent of the magistrate (judge)
If you see the court proceeding according to statutes it's not a court of record. Number 5 is the killer: the tribunal is independent of the magistrate. A judge is a magistrate and is not the tribunal. The tribunal is either the sovereign himself, or a fully empowered jury (not paid by the government). So the magistrates can't make a decision. The tribunal makes the decision. If you are sovereign, that makes you the king, and if you don't hire anybody to make a decision, who does that leave? That means it's up to YOU. And if you DO hire somebody you have to give them a job description telling them what their job is. By you saying a COURT of RECORD you have removed any possible opportunity for them to make a decision. Because making a decision is acting as the Tribunal. And you can't because the tribunal is independent of the magistrate. And in the Penal Code Section 808 it mentions the fact that all judges are Magistrates. Remember, you are not subject to these Codes but THEY ARE. They have to respect these codes which is why we bring them in.
Somebody once said, "War is much too important to leave to Generals." Well this is an acknowledgement that "Law is much too important to leave to the Judges."
He mentions this penal code and it is from the California Penal Codes. Can one assume there to be similar codes in every state (I would think yes). But my question is should I have the specific state code and number for that or can I make a general statement? While this is here I guess I can look it up. If it turns out I find it and it's different that Code 808 for Cali then . . . we'll see . . . but many topics, if not everything Bill writes and talks about it revolving around California so I would think he would say something like "it could be different in your state" but he doesn't. Just because the country is a "republic" doesn't mean the codes of each state list these codes. I know it's not going to be the same number probably but . . .
Massachusetts has a lot of crime listing: https://malegislature.gov/Laws/GeneralLaws/PartIV but looks to me like they don't mention codes. They do have another section called General Rules. I wonder if the rules they follow if they'd be in there: https://malegislature.gov/Legislation/Rules
The General Court is comprised of two distinct legislative bodies, the House of Representatives and the Senate. Each of these legislative bodies are governed by the Constitution, General Laws, the various court and sundry rulings, and its own set of rules (the House Rules and the Senate Rules) adopted by each chamber and a second set of rules adopted, in concurrence, known as the Joint Rules of the Senate and House of Representatives. These rules help govern the legislative process.
The Senate Rules: The set of rules adopted by the Senate as permanent rules for the 2015-2016 legislative sessions.
The House Rules: The set of rules adopted by the House of Representatives as permanent rules for the 2015-2016 legislative sessions.
Joint Rules: The set of rules adopted by the Senate and House of Representatives as permanent rules for the 2013-2014 legislative sessions.
The following is what I found on Massachusetts Clerk Magistrates