I've used various search engines to find the oath of office of the opposing attorneys and of the district judge. So, I need to find out if they in fact have an oath of office and I need to get a certified copy of such a document. Where do I go to get one? I already know where to get a state judges of office but I do not know where to get a district judges.
You're reading too many "constitutionalist" websites. This "oath of office" stuff is a favorite of the tin foil hat crowd, but it has no real application in California law.
This blurb is from the author of "Idiot Legal Arguments," which was posted on the Anti-Defamation League's website.
"Quibbling about the oath of the judge or prosecutor: US v. Dunkel (ND IL 8/30/96) 78 AFTR2d 6529 rev. in part on other grnds (7th Cir 7/1/97) 80 AFTR2d 5148, 97 USTC 50565; US v. Ferguson (SD Ind 1985) 615 F.Supp 8 aff’d 793 F2d 828 cert. denied 479 US 933; US v. G.D. Bell (ED Cal 4/30/97) 79 AFTR2d 2784 recons.den 27 F.Supp.2d 1191; Wyatt v. Kelly, Chief Bankruptcy Judge (WD Texas 3/23/98) 44 USPQ2d 1578, 81 AFTR2d 1463, 98 USTC 50326; US v. Scheumann (7th Cir 12/16/97) 132 F3d 37(t) cert.den 524 US 940; Greenstreet v. Heiskell (Tex.App 1997) 940 SW2d 831 reh.den 960 SW2d 713; Farm Credit Bank of Wichita v. Powers (Okl.App 1996) 919 P2d 31; US v. Medenback (9th Cir 6/2/97) 116 F3d 487(t) cert.den 522 US 923; State v. Cella (Mo.Supm. 2000) 32 SW3d 114; (a small typo in the copy of this judge’s oath has no legal effect) State v. Saunders (2004) 120 Wash.App 800, 86 P3d 232; (the litigant alleging that an official has failed to make the proper oath or bond has the burden of proof, not only for the lack of this item but also for its legal significance to the case) State v. Webb (Mont.Supm. 8/10/99); (it appears some defendants accuse a judge of not taking the oath without bothering to make an investigation, e.g., a defendant made this claim but the State Secretary of State found the file with the oaths, dated more than a year before the trial) Alvarez v. State (Tex.App 9/11/03); (the mere absence of a prosecutor’s oath of office in the state files does not prove that the oath was not administered properly, only that a document is missing) State v. Cella (Mo.Supm. 2000) 32 SW3d 114; (similarly, the absence of the prosecutor’s oath in the file does not mean his office was vacant, nor that another person held the office instead, and a belated filing or refiling of that oath is a retroactive cure of the omission) People v. Scott (Colo.App. 2004) 116 P3d 1231 app.den (Colo.Supm. 6/6/05).
"Similarly, there is a presumption of regularity that the proper oath was taken which can be refuted only with evidence in the record - as distinguished from a mere omission from the record. D.R. Murphy v. State (Tex.App 4/18/02) 95 SW3d 317; similarly (the oath would have been taken long ago, orally, not written, and a part of that oath had since been held by a court to be unconstitutional) People v. D.C. Wheeler (Cal.App 12/21/05); (- this means evidence that shows he is disqualified from office for some reason other than lack of oath, as the taking of the oath will be presumed) Lizar v. State (Okl.Crim.App 1946) 82 Okl.Crim 56, 166 P2d 119; (the court interpreted the law requiring a judge to take an oath to be satisfied by the oath that this judge took when first admitted to the bar as a lawyer 30 years earlier, and it was sufficient to know that an oath was then required without having a 30 year old document to attest to his personally taking it) In re Y. Radogna (E.D. Penn 5/16/07); (a court would take judicial notice of the terms of office and the official oath of another judge) People v. R.E. Stanley (Colo.App 2007) 170 P3d 782 cert.den 552 US 1297; (any defect or delay about the filing of the judge’s oath is a mere procedural irregularity which does not disqualify the judge nor invalidate his decisions) Kneip v. State (Tex.App. 8/8/01); ditto Potts v. DeWeese (Ohio App 1/23/02) app.den (Ohio Supm 5/1/02) 95 Ohio St.3d 1438(t), 766 NE2d 1003(t); ditto Spears d. DeWeese (2004) 102 Ohio St.3d 202, 808 NE2d 389; ditto State v. Britton (1947) 27 Wash.2d 336, 178 P2d 341; (the alleged expiration of the bond of the prosecutor does not invalidate the subsequent conviction of the perp) State v. Stockheimer (Wis.App 8/30/90) 157 Wis.2d 813(t), 461 NW2d 448(t) rev."
You could try asking the clerk of a district court, who should be able to provide it. However, I fear that you may believe the oath is somehow relevant to something. If you are a student or journalist doing research, good on ya! If you want to make something of a legal argument about a judge's oath, I strongly encourage you to let it go. I don't know a single court/judge/clerk that would care. I'm pretty sure the Constitution says that the law (if it matters) is what a judge says the law is, the facts (if they matter) are what a judge says the facts are, and the truth (if it matters) is what a judge says the truth is. Any understanding less than that is just simply not healthy.
As usual, Mr. Marshall is correct. Oath of office falls under the same category as not appearing before a judge or magistrate unless the flag has gold trim, the sovereign citizen, and people who honestly believe the IRS is illegal. It's Dale Dribble talk (King of the Hill reference).
