10 Tips For Prosecuting a Sovereign Citizen

Teresa L. Todd, County Attorney, Jeff Davis County Texas
The Texas Prosecutor Journal, September - October 2014

I was recently reading in The Texas Prosecutor Journal and came across this article giving prosecutors tips on prosecuting sovereign citizens.  Since I’ve dealt with a few during my career I decided to share to share some of Ms. Todd’s advice.

Tip 1.  “You can’t be lazy just because they’re crazy.”  As we know, sovereign citizens (SC) don’t play by the rules; either the rules of evidence or common decency.  They will say anything and do anything so you need to be ready for anything.  Prepare a SC case the way you would any other case.

Tip 2.  “Do your homework (just like Mama said).”  If your case ends up going before a jury, read up on the SC movement.  Know their issues, their buzzwords and be prepared to conduct voir dire on the SC movement.  Ask jurors about their feelings on anti-government extremists and jury nullification.  You want to discover any SC sympathizers who are challengeable for cause.

Tip 3.  “The best defense is a good offense.”  If the SC defendant takes the stand, utilize your homework and go on the defensive.  Quiz him on SC buzzwords and beliefs.  You will let him know that you have “infiltrated his insane little world” and can speak his language.  Challenge him on the inconsistencies in his beliefs.  He’ll most likely embrace tax evasion or an unwillingness to pay government fees but be more than happy to accept the government’s benefits, i.e. driving, owning businesses, etc.

Tip 4.  “When things go wrong, expect the worst.”  Be ready for the deluge of unintelligible, lengthy diatribes labeled as Motions.  Look for “creative” descriptions of you, your jurisdiction and judge (“the devil,” member of the Gadianton robbers,” “f***ing idiot,” etc.)  Be sure to save them to show family and friends. Have your oath of office handy or readily available to refute the claim you lack jurisdiction.  Don’t let him turn your court into a common law or admiralty court.  “A toddler behaves like a toddler, after all, and we can’t expect an SC to behave like anything other than an SC.”

Tip 5.  “Keep calm and prosecute on.”  SC’s love to get you and the court riled up.  They love to get everyone off track.  “[C]onfuse and distract is their motto!”  Take a deep breath, stay calm and focused on the unlawful charged conduct.  Make sure the jurors see you in stark contrast to the SC.  You are the voice of reason, respect and authority.  You are the calm in the SC storm.  Exude confidence regardless of how you may feel inside.

Tip 6.  “Call for backup.”  If you’ve never prosecuted a SC, find someone who has and pick their brain for ideas.  You’re not alone so don’t go it alone.

Tip 7.  “Don’t be intimidated.”  If you’ve done your homework and are prepared you’ll be fine.  Don’t let them bully you.  Stand your ground and hold your course.  More than anything they may simply be trying to wear you down to the point you think the case is not worth pursuing.

Tip 8.  “Order in the court.”  SC’s can be disruptive, whether its through behavior or their endless Motions.  Ask the court to impose reasonable time limits and hold fast to deadlines.  If necessary and appropriate ask for sanctions (requesting juror costs after continuing jury trial when defendant showed up with his 6-year old son in tow, sat him at defense table claiming he couldn’t find a babysitter).

Tip 9.  “God Bless America!”  You need to respect his First Amendment right to his opinions and his right to represent himself at trial.  Let him alienate himself from the jury by exercising his rights.  Of course object when appropriate and don’t roll over.

Tip 10.  “This too shall pass.”  Just like any storm, it will pass.  Your first go ‘round with a SC may feel like it will never end, but it will.  Next time it may be a new defendant but the issues will be the same or a variation on the same theme which means you’ll be a little better prepared to deal with the “crazies.”