By Edward Snook
Jackson County, Oregon – Article 1, Section 17 of the Oregon Constitution states in plain English: “Jury Trial in civil cases. In all civil cases the right of Trial by Jury shall remain inviolate.”
The 7th Amendment to the U.S. Constitution states: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”
In clear violation of these edicts, Jackson County Commissioners John Rachor, Don Skundrick and Dennis “C W” Smith have placed their stamp of approval on the theft of jury trial rights in Jackson County, Oregon. Ignoring their solemn “Oath of Office” to uphold the Constitutional rights of the citizens they represent, they have chosen to steal those rights, by allowing Jackson County administrators and employees to extort from and wrongfully ruin the lives of Jackson County business owners. Oregon’s corrupted judiciary has been a silent, yet willing partner in their conspiracy. Here is the story of one documented, undeniable case:
ALLOW US TO EXTORT $1,190.00
OR SHUT-DOWN YOUR BUSINESS
For the last 39-years Curt Chancler has owned and operated Curt Chancler Transmission at 6865 Table Rock Road in Central Point, Oregon. In early 2009, Curt and his wife Carolyn applied for a business loan. While they were waiting for loan approval Curt received a call from his banker telling him that while the bank was checking his property status, they were told by Jackson County Development services staff that the county had no record of his having a business at that address, and if he was operating a business at that address he was in violation of the law. The banker informed the Chanclers that they passed the credit check, but with Jackson County’s position on their property, their loan had to be denied.
Click here to listen to Curt Chancler’s very well put, and informative interview on Bill Myers radio show.
Over the next two-years Curt tried to clear up the county’s misunderstanding of his business status. Chancler held the belief that “grand-father” rights still existed in Oregon. In that period he spoke to and debated with Jackson County Administrator (JCA) Danny Jordan, Development Services Director (DSD) Kelly Madding and Code Enforcement Officer (CEO) Jason Zanni. Getting nowhere, he then contacted current county commissioners John Rachor, Don Skundrick and CW Smith, as well as past commissioners Jack Walker and Dave Gilmore about his case.
Chancler recounted, “Commissioners Smith, Walker and Gilmore all told me, ‘don’t worry about it, they can’t do that, your grand-fathered rights are clear.’ CW Smith told me that he would look into it and get back to me. Commissioner Smith told me at a later date that my case was all administrative and he had very little input.”
Smith obviously, yet conveniently “forgot” that he and the other commissioners are the top officers of the county and that all the thieves under them are answerable to them…
On or about July 22, 2009, Chancler received a letter from JCA Danny Jordan responding to issues about his case that Chancler had brought up at a commissioner meeting on July 15, 2009. Jordan stated that the county was correct in that they had no record of his business ever existing and he could certainly understand Chancler’s frustrations. Jordan then told him he had to give Jackson County an $1190.00 non-refundable fee and complete a type II verification of non-conforming use status in order to keep conducting business at his shop-site.
At this point the Chanclers decided they would take a stand against Jackson County’s corrupt system of government. Jackson County was clearly raping their rights and attempting to “extort” $1190.00 from them. In September of 2010, Curt Chancler told CEO Jason Zanni, “Jackson County can kiss my backside; I’m not going to give you unaccountable government con-men the opportunity to extort from me.”
On August 16, 2011, the Chanclers were cited with a Code Violation via the mail, claiming that Curt had violated a zoning ordinance by having his business located at the same address it has been for the last 39 yrs. Chancler stated, “This citation put my case into a court-like setting, in the same room where our previous oath-violating Jackson County Commissioners created this Judicial morphodite called Chapter 294 of Jackson County’s codified ordinances.” An administrative hearing was scheduled for November 8, 2011.
DETAILING THE CORRUPTED HEARING
Jackson County Hearings Officer Donald Rubenstein was to be the ring master of this three-ring-circus called an administrative hearing. Rubenstein’s position as hearing’s officer is a re-creation of chapter 294, and he is proud to tell you he works at the pleasure of the county commissioners and has the authority to adjudicate all county violations. He is empowered by the county commissioners with the power to impose civil and criminal remedies for such issues as land use violations, code violations, building and permit violations, and apparently believes he has the authority to deny the citizens of Jackson County their constitutional right to a “jury trial in all civil cases.”
Chancler specifically asked Mr. Rubenstein during the hearing, “Are my constitutional rights guaranteed in these proceedings and are they being observed or are they not.” Mr. Rubenstein thought for a moment, then said, “I would say they are guaranteed and are being preserved.”
With hesitation and obvious thought, Mr. Rubenstein then denied Chancler his right to a jury trial and ruled from the bench that he did not need to hear from Chancler’s witnesses or hear any further testimony from Mr. Chancler about how long he had been in business at that location, because he believed Chancler was there since Feb 3, 1972. This my friends is pure insanity and Rubenstein at this juncture documented the fact that he is a pathetic liar as well as a thief.
At Chancler’s hearing, code enforcement officer Jason Zanni was actually Chancler’s prosecutor and there were three armed Jackson County Sheriff Deputies present, as an obvious show of force. Is it any wonder that bad people in government always seek protection from law enforcement when they are stealing from people.
There were several times during the video-taped 1-hour hearing where you can see Development Services Director Kelly Madding standing next to Jason Zanni helping him with his prosecution. Just off camera, Ms. Madding had a half a dozen of the planning department staff helping the prosecution. Keep in mind, Rubenstein was an eye witness to this charade, as was Commissioner John Rachor, who sat in the audience.
At the same time Senior Assistant County Counsel Teresa Campbell was up and down giving documents to Ms. Madding. She was testifying and making legal arguments for the county, while attacking Chancler.
Rubenstein then committed outright extortion in this writer’s view and told Chancler that he had to pay the $1,190.00 application fee in order to comply with Jackson County’s Ordinance that eliminated Chancler’s grand-father rights. Chancler stated, “That’s not going to happen, so you’ll just have to find me guilty and fine me.”
Mr. Rubenstein ended the hearing saying he would make his ruling and give Chancler his order at a later date. On the 6th of December Mr. Rubenstein found Chancler guilty and fined him $600.00. Rubenstein also ordered Chancler to immediately cease doing business at his property, located at property at 6865 Table Rock Road.
After some pressuring of Jackson County Commissioners at commissioner meetings in mid-January 2012, CW Smith instructed county counsel Ryan Kirchoff, to explain to Chancler why the county felt it had the authority to deny the people of Jackson County their constitutionally guaranteed right to a jury trial in all civil cases and place them in Jackson County’s administrative tribunal.
Starting on January 27, 2012, Jackson County counsel Ryan Kirchoff, through a series of emails, explained to Chancler that the legal basis in that regard derives from Jackson County’s home-rule status under the Oregon Constitution – Article Vl section 10.
Mr. Kirchoff stated, “Home-rule status authorizes the county to establish a forum, separate from circuit or justice court’s, in which to adjudicate violations of county law. Such a forum as the Oregon Supreme Court explained in Caffey v Lane County (1984) may be one in which violations of county law are adjudicated by a county hearings officer.”
We studied the verbiage in Article VI section 10 of the Oregon Constitution and the Oregon Supreme Court’s explanation in Caffey v Lane County. We also looked at ORS 3.130 and ORS 203.810, which were the governing statutes and realized that there is no limit to the Constitutional Fraud that these oath-violating, unconscionable bureaucrats are willing to aspire to, in an attempt to steal constitutional rights away from the people of Jackson County.
These modern day con-artists have turned black into white and night into day using their deceitful lawyer-language, and they desperately need to go back and review the Supreme Court case of Marbury vs Madison, which clearly holds that any law that is repugnant to the Constitution is null and void.
Commissioner John Rachor has used the analogy: “If we were to have given Chancler a jury trial, we would have to provide the same for everyone that runs a stop sign.” Rachor’s statement proves three things.
(1) Commissioner John Rachor and all who share his ridiculous, yet dangerous thinking on this subject, have violated their solemn oath of office – this would include each and every thief who took part in the Chancler case.
(2) A false charge of running a stop sign is exactly why the Constitutions were written, in order to protect those who were violated at the hands of King George, his Code Enforcement Officers and his “Star Chamber Judges (Hearings Officers).”
(3) Absolutely none of us are safe when those in government can create unconstitutional laws or rules, enabling them to steal our rights that are recorded in plain, simple and easy to understand English…
Anytime a public official denies anyone a jury trial, in any civil case, he is in violation of the oath he/she swore, which was to uphold and defend the U.S. and Oregon Constitutions, and therefore he/she should be impeached and removed from office as quickly as possible – with no exceptions!
The answer to all of America’s problems has always been the same, and that answer lies within her people and the gift given to all Americans by our founding fathers and God himself – the gift of freedom, insured by our Constitution(s) that gives all who love freedom the ability to defend and demand that liberty.
In closing this all-important article, I would ask my readership one simple question… If someone called you a thief publicly and it wasn’t true, would you sit back and take it or would you sue that person for slander/libel? What would you do if you knew that each and every morning when you awaken, the information about you being called a thief is being spread all throughout the internet for the entire world to read?
Let me state it plainly. Each and every person who had anything whatsoever to do with stealing Curt Chancler’s business, his constitutional right to a jury trial, is factually nothing more than a coward and thief, operating under the color of law, and that my friends, is repugnant.
Editor’s Note: Jackson County’s unaccountable and completely out of control commissioners have given Jackson County Administrator Danny Jordan a 5% raise. Jordan is now making well in excess of $200,000.00 per-year.
Why in the world would Jackson County citizens stand for this? In light of the financial struggle that a majority of constituents are experiencing today, it is way beyond me how they continue to put up with this absolute lack of representation. Don’t Jackson County citizens realize they are paying Jordan $200K to do the very job that they are over-paying their commissioners to do? Do business owners in Jackson County realize that the very same abuse that Curt Chancler has experienced could happen to them?
And, how in the hell can the crooked county personnel and officials I am writing about, look at themselves in the mirror or face their own families or constituents?
Don’t miss our next edition where we will get into the commissioners wages and perks, the house the county bought for Jordan and much more… We will expose the history of the unconstitutional actions, and dictatorial revenue-generating schemes that Jordan and his cohorts have created and that three spineless and corrupted county commissioners publicly endorse.
As we go to press, Curt Chancler is serving Jackson County with a Tort Claim Notice and plans to file suit in the near future. Any of our readership who are as irate as we are over Jackson County government violating Curt Chancler’s civil rights should call Jackson County Commissioners at 541-774-6116 and let them know it.