Bills to increase penalties for filing false liens on judges, court personnel moving in AR and PA

Among the myriad of challenges facing judges and court staff beyond the threat of physical violence is the prospect of having liens and similar instruments filed on their homes. A federal law adopted in 2008 (and codified as 18 USC 1521) provides

Whoever files, attempts to file, or conspires to file, in any public record or in any private record which is generally available to the public, any false lien or encumbrance against the real or personal property of an individual described in [18 USCS § 1114], on account of the performance of official duties by that individual, knowing or having reason to know that such lien or encumbrance is false or contains any materially false, fictitious, or fraudulent statement or representation, shall be fined under this title or imprisoned for not more than 10 years, or both.

In 2011, at least two states are looking at similar legislation.

Arkansas’  HB 1045 would make is a class C felony (punishable by 3 to 10 years in prison) to cloud or adversely affect the title or ownership of the property of a judge or other court personnel because of the performance of their official duties. That bill was approved by the House Committee on Judiciary 1/27/11 and adopted by the full House on 1/31/11.

A similar Pennsylvania bill (SB 50) would create the crime of “Simulated legal process” and includes within it “actions affecting title to real 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 the documents or proceedings or basis for the action to be fraudulent”. In addition SB 50 creates a separate crime (“Hindering public official”) when a person attempts “to influence, intimidate or hinder a public official or law enforcement officer in the discharge of his official duties by threat of or actual physical violence, harassment, through simulated legal process or by other unlawful act.” Both would be second degree misdemeanors punishable by up to two years imprisonment. SB 50 would also make specific crimes of tactics often used by “common law court” and militia/patriot groups such as “impersonating public official or legal tribunal” and use of unofficial license plates. SB 50 was introduced on January 12 and is currently pending in the Senate Judiciary Committee.

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