Memorandum

Rice & Associates has been providing Legal Services in various forms since September 1996. It is our mission as stated below:

Provide Legal Document Preparation Services, training in various legal subjects, entity structuring support to reduce taxation, and tax referrals.

We believe the best way to achieve this goal is to train the Patron in the fundamentals not just generate documents and not to just have the Patron represented by counsel in an emergency.

Rice & Associates believes in operating slowly, methodically, as well planned as possible. We do not practice handling emergencies. We believe in avoiding emergencies through prior planning on a biblical basis. We plan what we do and do what we plan. As a general rule we do not provide emergency, express services. Everything here is done on a measured, scheduled, basis in harmony with everything possible. We harmonize with everyone possible including government. We do not advocate any particular type of tax filing other than that commonly accepted by the taxing agencies. REASON: if you have a social insurance totalization agreement then you have a federal franchise and duty to file and pay as an individual income taxpayer.

Rice & Associates

Shawn Rice serves as Rice & Associates. Resume 080709

Maxims of Law (1)

Associates of the Company come in a number of forms.

Facts

Shawn Rice is not currently a member of any United States State Bar Association. Shawn Rice is an Independent Legal Technician and Clergyman. Shawn Rice is a qualified legal technician and document preparer.

Shawn Rice teaches law at various times to the Jural Society of Torah Assemblies (www.JSOTA.com) of Phoenix, Arizona. Shawn Rice is a Legal Advocate of the Ecclesiastical Court of Justice for the religious membership of Society of the Israelite Mosaic Paternal Ethic, Bat Alef Tav, and Tzur Yisrael of Arizona.

Shawn Rice does assist various parties to resolve differences in the nature of Alternative Dispute Resolution (ADR).

Partners/Alliances

Shawn Rice is a member of Messianic Israel Alliance (www.mim.net) and in-house counsel for Union of Yisraelite Nazarene Congregations (www.2house.org).

LINKS

Links to other websites and organizations

MINISTRY LINKS

SIMPE (Society of the Israelite Mosaic Paternal Ethic)                                   http://www.mim.net/MIA/Directory/index.html                                                            

Rabbi Moshe Yoseph Konuichowsky                                                                          www.yourarmstoisrael.com                                                                           http://www.uonyc.org/directory2.php?country=US&state=AZ

Jural Society of Torah Assemblies                                                                      http://www.geocities.com/juralsocietyaz/MainPage.html

Simcha Torah Beit Midrash, Rabbi Ralph Messer http://www.torah.tv/               http://www.messianichome.org/Articles/2000/spring_summer/thetravelingrabbai.htm

Lion and Lamb Ministries http://lionlamb.net/

http://torah.org/

http://www.beth-din.org/more/

http://www.episcopalri.org/conv_canon16.cfm

CENTER FOR BIBLICAL HEBREW http://www.c-bh.com/

MINISTRY/BANKING BOOKS

“Your Money Counts” by Howard Dayton - a practical guide to money in context of Biblical principles.

NOTICE

  • Rice & Associates operates as an occupation of common Right separate and apart from Federal Equity. This matter has been adjudicated.
  • Schware v. Board of Examiners, 353 U.S. 238, 239. .."The practice of law (medicine etc.) is not within the States grace to regulate." The practice of law (medicine etc.) is an occupation of common right as per Sims v. Ahrens, 271 S.W. 720 (1925). No State in the Union of the United States of America licenses lawyers, only the State Bar, which issues a private corporation type of "Union Card"/certificate for payment of dues/fees. (See also ExParte v. Garland, 4 Wall 333, 370 (1866), which authorizes only the practice of law in the courts as an officer of the court and a member of the judicial branch of government, to represent wards of the court such as infants and persons of unsound mind and as a public defender in criminal cases.) ...Cannot license an occupation of common right ...Redfield v. Fisher, 292 P. 813, 817-819

    "Occupations of common right ARE not taxable. The practice of medicine and law are occupations of common right. An income tax is neither a property tax, nor a tax on occupations of common right, but is an excise tax. ..."Gross income tax unconstitutional." (See also Schware v. Board of Examiners, 353 US 238, 239. ...That an attorney cannot represent any private citizen nor any business as the State cannot license the practice of law. ..."That an attorney can only be allowed to practice law in the courts to represent "wards" of the court such as infants and persons of unsound mind as per Corpus Juris Secundum, Vol. 7, Sect. 4.")

    The definition of an excise tax is found in the supreme Court case of Flint v. Stone Tracy, 220 US 107: .."Excises are taxes laid upon the manufacture, sale or consumption of commodities within the country, upon licenses to pursue certain occupations and upon corporate privileges; the requirement to pay such taxes involves the exercise of privilege and if business is not done in the manner described, no tax is payable, and it is this privilege which is the subject of the tax and not the mere buying, selling, or handling of goods; See 53 ALR3d 1163 for the validity and construction of statutes or rules conditioning right to practice law upon residence or citizenship. (Occupations of natural/common right are NOT a subject of an excise/income tax..84 C.J.S. art. 122)

    The definition of an excise tax is found in the supreme Court case of Flint v. Stone Tracy, 220 US 107: .."Excises are taxes laid upon the manufacture, sale or consumption of commodities within the country, upon licenses to pursue certain occupations and upon corporate privileges; the requirement to pay such taxes involves the exercise of privilege and if business is not done in the manner described, no tax is payable, and it is this privilege which is the subject of the tax and not the mere buying, selling, or handling of goods; See 53 ALR3d 1163 for the validity and construction of statutes or rules conditioning right to practice law upon residence or citizenship. (Occupations of natural/common right are NOT a subject of an excise/income tax..84 C.J.S. art. 122)

  • Attorney at law versus Counsellor at law. It is absolutely amazing what has been uncovered.
  • First there were barristers (counsellors-at-law in America) and attorneys-at-law. In some of the states initially they were kept separate, but then they started using attorneys and counsellors-at-law together in one person and he would adjust to the particular issue. They were admitted [licensed] to practice in the courts by the judges or justices of that particular court, with the judges being public officers in that time frame.
  • Attorney at law:
  • 1. Represents only - stands in your place or stead in business or legal issues.
  • 2. No attorneys allowed in a criminal trial, except to make bail.
  • 3. Has Attorney fees - costs money and can use Attorney Lien.
  • 4. Officer of the court
  • 5. Can not challenge the court without exposure to sanctions such as judge being a public officer, etc.
  • 6. Takes over the case and you are at his mercy on how the case is run.
  • 7. He will raise no issue that he deems the judge will be unhappy with usually.
  • 8. Co-counsel is the scam they attempt to use to validate the lack of Assistance of Counsel. You can not counsel your self.
  • Counsellor at law:
  • 1. Assists only and is to protect and defend his client, can not represent.
  • 2. Counsellors at law are used in criminal trials - access to is an absolute part of a Trial by Jury from the first part of arraignment on.
  • a. Can ask questions on your behalf,
  • b. Can instruct you what questions to ask
  • c. If the client instructs the Counsellor at law to challenge the judge or court, he can do it without being sanctioned (done correctly of course)
  • 4. Officer of the court.
  • 5. Does not charge, works on gratuity. Can not sue for Attorney fees.
  • 6. Is learned in the law.
  • 7. It is a position of Honor to be a Counsellor at Law.
  • 8. It is a level above an Attorney at law.

Unlicensed Practice of Law

There is a big difference between a Private Attorney and a PUBLIC ATTORNEY. A Private Attorney operates by and through an assigned Power-of-Attorney instrument for a specific or general function. A Private Attorney is also known as an Attorney-in-Fact. The PUBLIC ATTORNEY is an officer of the court in question and represents the trust created by Statute or the Statutorily Constructed Scheme through the fascist  (i.e. private business controlled) government that has put up a bonding system for each crime be they malum in se or regulatory infraction. The PUBLIC ATTORNEY represents the PUBLIC VESSEL created by and through the Social Security grantor trust agreement commonly known by the U.S. Treasury as the PUBLIC VESSEL   (PV). The PV operates through Equity and within Special Maritime/Admiralty jurisdiction (law form) and therefore affects the man in his capacity as the Authorized Representative. Only members of the State BAR Associations are authorized to represent the PV as the USAG is the Trustee for the PV. This is why members of Rice and Associates cannot represent the PUBLIC VESSEL. This is why members of Rice and Associates can represent and assist the man in capacity as the Authorized Representative (AR) for the PUBLIC VESSEL. However, the secular courts and the PUBLIC AGENCIES that regulate the PUBLIC VESSELS do not usually separate the PV from the AR. So how far can a non-Bar member go in representation?

The case of Hale vs. Sawyer, (NY) 47 barb. 116 (1866), illustrates how far that Private relationship may go. “It is quite clear that it is the spirit and intent of the constitution, of the statutes, and the practice of the courts, that no person shall practice as an attorney or counsellor in actions in the courts but such as have been found qualified, upon examination by the Supreme Court. The application for that purpose must be based upon citizenship, the age of twenty-one years, and good moral character. These qualifications, followed by an order of the court for admission, after the court become satisfied of the possession of sufficient learning and ability, and the signing of the roll, and subscribing and taking the constitutional oath, constitute the right, and authorize the practice, by attorneys and counsellors in all the courts of record of this state. . . .But this case need not even be put upon that ground. If this case was in a court of record, the signing this notice in the manner as explained by the affidavits, I think, would have been without objection, and would be no violation of the letter or spirit of the constitution, the statute, or the rules of practice. A person may be an attorney in fact, for another, without being an attorney at law; a distinction well understood as existing in all kinds of business transactions. They are sometimes distinguished by attorneys in fact, or private attorneys, and attorneys at law, or public attorneys. The former is one who is authorized by his principle, either for some particular purpose, or to do a particular act, not of a legal character. The latter is employed to appear for the parties to actions, or other judicial proceedings, and are officers of the courts.”

This case (Hale vs. Sawyer) is about a party that signed pleadings on behalf of a  defendant. How close to the line can a private Attorney go? A pleading “signed as ‘M.S., Defendant, W.J.S., His Attorney,’ is valid, though W.J.S. is not an attorney at law.”

It is truly amazing how many PUBLIC ATTORNEYS do not know the difference between PUBLIC and Private Attorney status. I have had to personally provide briefings on this subject and the subject of the U.S. citizen agreement to a number of PUBLIC ATTORNEYS. Part of the answer to this dilemma can be found in Corbin on Contracts in Chapter 29.

Dr. Pepper Co. v. Crow, 621 S.W.2d 464,465 (Tex App.—Waco 1981, no writ). "Plaintiff plead defendant was a corporation. Defendant did not deny by verified pleading pursuant to [TRCP] 52 and 93 ... that it was not a corporation; thus, such fact was established." Therefore, you are presumed that you are a corporation (i.e. a trust) until you prove otherwise.

Bl. Comm Vol 1, Ch 18, all trusts are corporations and vice versa.

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE, PART I - CRIMES,    CHAPTER 1 - GENERAL PROVISIONS, Section 9. Vessel of the United States defined, ''vessel of the United States'', as used in this title, means a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof.

 

QUOTES

Quote: When your outflow exceeds your income your upkeep will be your downfall.    C. Utterback

Quote: Life is hard. It is harder if you are stupid. John Wayne

Quote: From all of us to all of you for having the guts to try. British Commandos to the U.S. Forces returning from the failed Iranian Rescue Mission 1979. They were delivering beer.

ADDITIONAL READING

Complaint 020221 (for publication)

Biblical References

Capacity

Federal Jurisdiction

Genesis 17

Government Corporation Controls

Government Private Corporation Nature

Government's Relation to Business

INS and Travel Document

IRS

Lien and Levy Authority

Memorandum Points and Authorities (publication)

Motion to Take Accounting

National Emergency

Original Agreement, Constitution and Citizenship

Personal Business Plan

Previous Communication

Religion of Socialism

Secular Humanism

Social Security

Standing

Suits against Attorney General

Table of Cases

Table of Exhibits

Title 50 USC

Toil and Trouble of Social Security (publication)

Trust

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