by Richard W. Millar, Jr.

Patrick Missud, a former California lawyer, now disbarred, is, one might say, an angry man. According to the Opinion and Order of the State Bar Court, Review Department, his opening statement at trial was: “There is no doubt that criminality runs rampant throughout the judiciary and that this Bar Court trial is being railroaded to lift my license.” An inauspicious way to start if you are seeking to avoid disbarment, but guaranteed to draw attention, if that is your goal.

“He spent hours railing against Horton [a builder he sued multitudinous times], accusing judges and public officials, by name, of corruption, and referring to one judge as an ‘asshole.’” The hearing judge, in what could not have been a surprise, recommended disbarment. He appealed, claiming the judge “‘lied’ in her decision and ‘ignored all facts and laws to railroad’ him.” Equally unsurprisingly, the Review Department affirmed.

But, that is not the main story here; it is simply to set the table, so to speak. It is his most recent Petition for Certiorari that is his pièce de résistance.

Allow me to quote the first question presented:

Did California’s Supreme Court and Chief Justice Cantil-Sakauye commit Misprision of Treason, Subversion, Sedition and try to Overthrow the Judicial Branch when they intentionally violated the Supremacy Clause by refusing with scienter to apply binding U.S. Supreme Court precedent ... to nearly identical issues in Missoud v. State Bar of California?

Well, that gives everyone a reasonably clear view of Mr. Missud’s feelings about the California Supreme Court, but what does he think about the U.S. Supreme Court, the tribunal from which he sought relief:

Will John Robert$ admit that he already Denied Reviewing 10 criminally-proven Writs because each proved to criminal standards that judge$ like him routinely sell their orders to special interests in what are acts of treason against the United States and its 319,000,000 real, flesh-and-blood, non-corporate People?

This is probably a good place to note that judges are uniformly spelled “judge$” and Chief Justice “Robert$” gets similar treatment, although he later was singled out in “JOHN ROBERT$ YOU PHUKING PRICK.” (2015 WL 5965034 at 4.)

Civil trial court “judge$ love their ... bribes” and “make back-door deals to scuttle cases or send them into a black-hole called Alternative Dispute Resolution.” Traffic “judge$ never bite the hand that feeds them.” “Family Court judge$ have the extra added benefit of sealed record$,” and Criminal Court “judge$” are “the worst of the worst.”

Somehow, he missed Probate and Mental Health.

Chief Justice Cantil-Sakauye “Retaliated against [him] by stealing [his] Bar license and $anctioning [him] ... which Johnny Grand Pooh-Bah Robert$ didn’t want to docket, let alone review.”

Mr. Missud sums up his Petition with this clincher:

ONE REALLY GREAT REASON FOR GRANTING THIS PETITION
It proves that this Country’s entire judicial $y$tem is rigged by all state and federal courts in all 50 states up to and including John Robert$ Citizen$-United corporate-bought, conservative-controlled, and Koch-Brother$ run U. S. Supreme Court.

[Emphasis (unsurprisingly) in the original.]

While the Koch brothers seem to some to be the root of all ills, I’m betting they don’t know Mr. Missud.

When you strip everything away, Mr. Missud had two problems: (1) what he said and (2) whom he sued.

You’ve had a taste of what he said and how he $pelled it, but I didn’t get around to whom he sued: Judges. Lots of judges. I am not sure of how many as I lost count, although there does seem to be a Northern California bent. But he also sued U.S. Supreme Court Associate Justices Clarence Thomas, Antonin Scalia, Anthony Kennedy, Samuel Alito, as well as the Chief Justice, or, in other words, five out of nine.

So, since they were named defendants, those justices recused themselves. And, when they recused themselves, the court lacked a quorum. When that happens, and when the four remaining justices are of the view that the case cannot be heard and determined in the next ensuing term, the result under 28 U.S.C. section 2109 is an affirmation of the ruling of the judgment of the courts from which the case was brought.

In other words, by naming the Justice$, Mr. Mi$$ud just $hot him$elf in the foot.

Richard W. Millar, Jr. is a member of the firm of Millar, Hodges & Bemis in Newport Beach. He can be reached at millar@mhblaw.net.