LIVONIA – Town Justice Margaret Graf Linsner ordered court security to remove a man who is vehemently challenging her authority to sit on the bench.
Walt Wojtczak, 71, appeared in court Wednesday as ‘counsel’ for his ex-wife’s son, Austin Vaughan, 19, who is facing Criminal Mischief charges from NYS Police. Vaughan is accused of throwing his mother’s phone against the ground, breaking it.
“There are federal charges filed against you,” said Wojtczak over Linsner. “There is no record of your oath in Livingston County.”
Three members of the National Liberty Alliance (NLA) appeared in court alongside Vaughan and Wojtczak as ‘secretaries’ but Linsner immediately told them to sit down.
“I will not allow this to become a public forum,” said Linsner as Wojtczak continued asking about federal charges. Then, speaking to Livingston County Deputy Sheriffs, “I’m going to ask you to remove him.”
Court security escorted Wojtczak out of the courtroom and building.
Linsner then addressed Vaughan directly.
“You have the right to an attorney. I want you to have an attorney,” said Linsner. “Let me be clear. I would highly suggest that you get an attorney. That does not mean that you can choose someone off the street and say that you want them to represent you. I am not going to quabble with you about what he or you thinks is a license to practice law.”
Vaughan declined to apply for the services of the Public Defender, although Linsner provided him with an application. He said that he would prefer to represent himself. When asked how he wanted the matter to proceed, he asked that the case be scheduled for trial.
“Would you like a bench trial or a jury trial?” asked Linsner.
“Jury,” said Vaughan. “I don’t want to stand up against ghosts!”
Wojtczak and members of the NLA believe that Linsner is not a legitimate judge.
First, he believes that Linsner’s oath of office is illegitimate because the oath of office as a Town Justice for ‘Livonia Town’ was administered in Rensselear County, not Livingston County. He cites no legal authority supporting this assertion.
Second, he believes that her office as judge procludes her from practicing law at all in the county in which she serves as judge. He cites Section 100.6 of the Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts, which says that judges ‘shall not practice law in the court on which the judge serves, or in any other court in the county in which his or her court is located, before a judge who is permitted to practice law, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto.’ The common practice is that part-time judges may practice law as attorneys but may not appear in court where the judge is also an attorney.
Third, he believes that ‘attorneys and the Judicial Conduct Commitee are using their doublespeak to cover it all up so that Linsner can continue to practice law illegally.’
“My conscience is telling me that this is wrong, and a lot of good people have told me that this is true,” said Wojtczak. “You have to use this common sense that they don’t want to be used. She [Linsner] says that I need a license to know right from wrong? It’s because she’s an enemy of the Constitution and part of the communist takeover.
‘There was no attorney that has an oath of office, including a subscribed oath of office, so they are the enemy of the Constitutions of the United States and New York State,” said Wojtczak.
Vaughan is scheduled to stand trial in July.