Washington, D.C., April 23, 1996...The Anti-Defamation League (ADL) today announced a new legislative initiative to deal with the dangers posed by the growing phenomenon of bogus courts springing up around the country, many run by extremist groups such as the Freemen. At a meeting in the nation's capital, the League introduced its Model "Common Law Courts" Statute which goes beyond existing state laws to focus on and punish all illegal activities in which so-called "common law courts" routinely engage.

"Our goal is to fill in the cracks where existing laws may not penetrate," said Abraham H. Foxman, ADL National Director. "This statute puts extremists on notice that their bogus legal processes will not be tolerated, nor will the public be intimidated by their attempts to undermine the American judicial system and the rule of law."

The newest manifestation of extremism in America, the "common law courts" and "citizens' courts" reject American constitutional democracy in favor of their own vigilante vision of justice. "These bogus courts use legal-sounding language and official-looking documents to charge government officials with treason and other crimes, to file phony liens against both public officials and ordinary citizens, and harass and threaten legitimate judicial and law enforcement personnel," said Mr. Foxman. "With the likes of the Freemen, some militia groups and other extremist elements taking part, the activities of these pseudo-courts demand a concerted national response."

The ADL has broken ground in developing model statutes to address threats to America's pluralistic democracy posed by bias-motivated criminal conduct and by extremist groups engaged in paramilitary training activities. Thirty-eight states and the District of Columbia have enacted hate crimes legislation based on or similar to the ADL Model Hate Crimes Statute first introduced in 1981; the Wisconsin hate crime statute based on the ADL model was unanimously upheld by the Supreme Court. Twenty-four states currently have laws based on or similar to the League's Model Anti-Paramilitary Training Statute.

"We believe this is a sound legislative response and we will work with state legislators and government officials towards its enactment and implementation," Mr. Foxman added.

A copy of the model statute is attached.

ADL MODEL "COMMON LAW COURTS" STATUTE

A. (1) Any person who deliberately impersonates or falsely acts as a public officer or tribunal, public employee or utility employee, including but not limited to marshals, judges, prosecutors, sheriffs, deputies, court personnel, or any law enforcement authority in connection with or relating to any legal process affecting person(s) and property, or otherwise takes any action under color of law against person(s) or property; or

(2) Any person who simulates legal process including, but not limited to, actions affecting title to real estate or personal property, indictments, subpoenas, warrants, injunctions, liens, orders, judgments, or any legal documents or proceedings; knowing or having reason to know that the contents of any such documents or proceedings or the basis for any action to be fraudulent; or

(3) Any person who falsely under color of law attempts in any way to influence, intimidate, or hinder a public official or law enforcement officer in the discharge of his or her official duties by means of, but not limited to, threats of or actual physical abuse, harassment, or through the use of simulated legal process--

Shall be guilty of _______ and fined not more than $_______ or imprisoned not more than _______ years, or both.

B. (1) Nothing in this section shall make unlawful any act of any law enforcement officer or legal tribunal which is performed under lawful authority; and

(2) Nothing in this section shall prohibit individuals from assembling freely to express opinions or designate group affiliation or association; and

(3) Nothing in this section shall prohibit or in any way limit a person's lawful and legitimate access to the courts or prevent a person's from instituting or responding to legitimate and lawful legal process.

C. As used in this section:

(1) The term "legal process" means a document or order issued by a court or filed or recorded for the purpose of exercising jurisdiction or representing a claim against a person or property, or for the purpose of directing a person to appear before a court or tribunal, or to perform or refrain from performing a specified act. "Legal process" includes, but is not limited to, a summons, lien, complaint, warrant, injunction, writ, notice, pleading, subpoena, or order.

(2) The term "person" means an individual, public or private group incorporated or otherwise, legitimate or illegitimate legal tribunal or entity, informal organization, official or unofficial agency or body, or any assemblage of individuals.

The Anti-Defamation League, founded in 1913, is the world's leading organization fighting anti-Semitism through programs and services that counteract hatred, prejudice and bigotry.