Supplemental Brief — In re Ainsworth

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FILED

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No. 90-1397 OFFICE OF THE CLERK |

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1990

IN RE JONATHAN B. AINSWORTH,

Petitioner

Vv.

CALIFORNIA STATE SUPREME COURT,

STATE BAR OF CALIFORNIA

Respondents

SUPPLEMENTAL BRIEF FOR

PETITION FOR A WRIT OF MANDAMUS, OR

IN THE ALTERNATIVE FOR A WRIT OF

PROHIBITION,

PURSUANT TO 28 U.S.C. SECTION 1651

AND MOTION AND APPILCATION FOR

ATTORNEYS' FEES, DAMAGES, INTEREST, AND

COSTS PURSUANT TO 18 USC 3006A AND

28 USC 1927

JONATHAN AINSWORTH

2237 S. Acadian Thruway

Suite 301

Baton Rouge, Louisiana 70808

Telephone: (504) 923-0311

Petitioner

In Propria Persona

hn Nir

No. 90-1397

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1990

IN RE JONATHAN B. AINSWORTH,

Petitioner

Vv.

CALIFORNIA STATE SUPREME COURT,

STATE BAR OF CALIFORNIA

Respondents

SUPPLEMENTAL BRIEF FOR

PETITION FOR A WRIT OF MANDAMUS, OR

IN THE ALTERNATIVE FOR A WRIT OF

PROHIBITION,

PURSUANT TO 28 U.S.C. SECTION 1651

AND MOTION AND APPILCATION FOR

ATTORNEYS' FEES, DAMAGES, INTEREST, AND

COSTS PURSUANT TO 18 USC 3006A AND

28 USC 1927

JONATHAN AINSWORTH

2237 S. Acadian Thruway

Suite 301

Baton Rouge, Louisiana 70808

Telephone: (504) 923-0311

Petitioner

In Propria Persona

SUPREME COURT OF THE UNITED STATES

JONATHAN B. NO. 90-1397

AINSWORTH ) SUPPLEMENTAL

PETITIONER BRIEF FOR

PETITION FOR A

WRIT OF

MANDAMUS, OR IN

THE ALTERNATIVE

FOR A WRIT OF

vs.

)

)

)

THE SUPREME COURT )

OF CALIFORNIA, THE )

STATE BAR OF )_ PROHIBITION

CALIFORNIA, ) PURSUANT TO 28

RESPONDENTS ) USC SECTION

) 16551 AND MOTION

) AND APPLICATION

) FOR ATTORNEYS'

) FEES, DAMAGES

) INTEREST, AND

) COSTS PURSUANT

) TO 18 USC 3006A

) AND 28 USC 1927

Petitioner, Jonathan Ainsworth,

hereby applies to the U.S. Supreme Court

for attorneys' fees, damages, interest

and costs pursuant to 18 USC 3006A and

28 USC 1927. |

This petitioner had bee.: awarded a

court-appointed attorney by the State

Bar Court of California. Said attorney

was deliberately taken away without due

process, in violation of both California

State law as well as in violation of

United States Supreme Court precedent

in Gideon v Wainwright 372 U.S. 335.

Payment by respondents of the attorneys'

fees that were incurred by this

petitioner, which he could not pay, and

which they knew he could not pay, should

now be authorized and so ordered by the

United States Supreme Court pursuant to

18 USC 3006A as well as by 28 USC 1927

as well as otherwise and according to

the authority that follows.

Respectfully submitted

March 19, 1991

Jonathan Ainsworth

Attorney for Petitioner

In Pro Per

POINTS AND AUTHORITIES IN SUPPORT OF

AND INTEREST

1. 28 USC 1915 and 1746 regard

proceeding in forma pauperis. This

petitioner has been forced to

represent himself in pro per because

his court-appointed attorney in the

State Bar proceedings was summarily

taken away from him without due

process, in violation of both

California law, the United States

Constitution, as well as United

States Supreme Court precedent in

Gideon v Wainwright 372 U.S. 335!

This has created enormous debts for

this petitioner who was only able to

retain counsel to represent him for

a time, all of whom quit for

financial considerations! This

petitioner was forced to defend

himself without his court-ordered

appointed attorney, despite the

State Bar Court's earlier order

appointing counsel! This petitioner

should be compensated for the

arbitrary and capricious actions of

the California State Bar, the

California State Supreme Court in

allowing this, as well as the acts

of the State Bar of California's

prosecutor in doing these acts!

Since these are all agencies or

agents of the State of California,

the award should be against the

State of California as well! 18 USC

3006A, as well as U.S. Supreme Court

Rule 39.7, as well as the additional

authority presented herein, state

a

the authority which the United

States Supreme Court may use in

awarding such sums as attorneys'

fees, damages, interest and costs.

The U.S. Supreme Court may also in

its discretion, use a "lodestar"

multiplier, if it wishes.

2. 28 USC 1927 states that this Court

has the power to award attorneys'

fees incurred as a result of

unreasonable and vexatious delay or

multiplication of proceedings. None

of these matters need ever have come

to the attention of the United

States Supreme Court if the State

of California, the Supreme Court of

California and the State Bar of

California had simply corrected

their mistakes and "confessed error"

as in Young v United States 315 U.S.

2573 Petite v United States 361

U.S. 529; Sibron v New York 392 U.S.

40.

28 USC 1927 reads:

"Any attorney or other

erson" admitted to

conduct cases in any

court of the United

States or any Territory

thereof who so multiplies

the proceedings in any

case unreasonably and

vexatiously may be

required by the Court to

satisfy personally the

extra costs, expenses,

and attorneys fees

reasonably incurred

because of such conduct."

Clearly the State Bar of

California's prosecutor, Jerome

Fishkin, is guilty of such

prosecutorial abuse for several

reasons and the case law shows that

his client, the State of California

as well as the State Bar of

California, are likewise responsible

financially for his actions. Among

the most extreme abuses are the

following: they should never have

brought two alleged charges of

conversion of chattels when they had

copies of the bills of sale for said

chattels! These are in addition to

other abuses detailed below. The

State Bar's Prosecutor, Jerome

Fishkin, even went so far as to

bring the completely unfounded

charges, with the State Bar's and

the California Supreme Court's

acquiescence, even though the State

Bar even hired a handwriting expert

who said he could not dispute the

genuineness of the signature on the

bill of sale that we know he was

asked to examine. The handwriting

expert's report on the other

document, if such a report existed,

was never disclosed! It is not

known what said expert's conclusion,

if any, was regarding the second

bill of sale; however, the State Bar

Prosecutor waited until the middle

of trial to dismiss the second

alleged charges of conversion. The

case law will likewise show that

this is no excuse and an award of

attorneys' fees and damages is

Clearly warranted under the case

law, as will be shown.

All of this ,as well as other

factors that will be shown,

deliberately caused a

"multiplication of proceedings"

"unreasonably and vexatiously"

within the clear meaning of the

above law. As such, this Court may

award this petitioner his attorneys’

fees and damages as well as his

interest and costs!

The assessment of attorneys'

fees may be made against the client,

here the State of California, the

State Bar of California as well as

the attorney here, Jerome Fishkin!

Lipsig v National Student Marketing

Corp. 663 F2d 178,214 (D.C. Circuit;

Dreiling v_ Pugeot Motors of America

850 F2d 1373.

Bad faith on the part of the

guilty attorney is sufficient to

justify such an award of attorneys’

fees even though it need not be

shown! s Vv agile

Markets, Inc. 883 F2d 1184.

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This court need not even find

that the attorney, here the State

Bar's Prosecutor, acted with malice

(even though it is clearly shown in

the present case)! Knorr Brake

Corp. v Harbill, Inc. 738 F2d 223.

The case law goes on to show

that it is not even a defense that

some of the alleged charges were

later dropped! The mere filing of

unfounded charges is sufficient to

warrant the imposition of an award

of attorneys' fees! Ginter v Texas

Commerce Bank 111 F.R.D. 615.

Additional examples of bad faith

by both the Supreme Court of

California, as well as by the State

Bar of California's unbridled

Prosecutor follow, even though it is

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not necessary to show bad faith to

warrant an award of attorneys' fees

as the above case law proves.

In the present case both the Supreme

Court of California and the State

Bar of California should have

"confessed error" long ago!

QUESTIONS ONE, TWO AND THREE:

IN BRINGING CLAIMS AGAINST THIS

PETITIONER WITH THREE SEPARATE

JURISDICTIONAL DEFECTS, THE STATE BAR OF

CALIFORNIA KNOWINGLY, WILLINGLY, AND

MALICIOUSLY ACTED IN BAD FAITH!

l. The State Bar of California and

the California State Supreme Court

knowingly, willfully and

deliberately usurped the exclusive

jurisdiction of the Iran-U.S. Claims

Tribunal and completely ignored said

11

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Tribunal's findings that a certain

Iranian individual did not have

standing to represent a certain

"Iranian Government controlled

entity" and hence, the alleged

complaining witnesses did not even

have standing to file a complaint

against this petitioner in the first

place! In the second place, neither

the California State Bar nor the

California Supreme Court had

jurisdiction to consider the alleged

complaint which concerned the

Iran-U.S. Claims Tribunal which had

exclusive jurisdiction. Both

Respondents erroneously concluded,

using deliberately falsified

information, that Hassan Haschemi in

fact owned Tchacosh, a fact which

was completely disproved by the

12

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official judgment of the Iran-United

States Claims Tribunal which had

exclusive jurisdiction to decide all

matters that concerned any Iranian

government "controlled entity," and

therefore both the California State

Bar as well as the California State

Supreme Court acted totally without

any jurisdiction in this matter!

The Iran-U.S. Claims Tribunal

decided in Rexnord v Tchacosh, et

al, published in The Iranian Assets

itigation eporte at p 5959

(available at the Library of

Congress) that Tchacosh was

"controlled" by the Islamic Republic

of Iran! (The California Supreme

Court erroneously found otherwise!)

Applying the correct decision of the

correct court that had exclusive

13

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jurisdiction according to President

Carter's Executive Agreement that

established the Court and according

to the U.S. Supreme Court in Dames

and Moore v Regan 453 U.S. 654, the

United States District Court in Los

Angeles threw Hassan Haschemi out of

court as an impostor! The

California Supreme Court and the

State Bar of California erroneously

ruled contrary to this, erroneously

saying that Hassan Haschemi was the

owner and thus not an impostor and

erroneously concluding that Hassan

Haschemi's attorney, Stephen Miller

had authority on behalf of Tchacosh

to file a complaint with the State

Bar of California against this

petitioner! Clearly both

conclusions were incorrect! The

14

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decision of the U.S. District Court

that threw Hassan Haschemi out of

court as an impostor was affirmed by

the United States Court of Appeals

for the Ninth Circuit. (Please See

Tchacosh v Rockwell 766 F2d 1333.)

The California Supreme Court and the

State Bar of California once again

found contrary to this, completely

usurping the exclusive jurisdiction

of the Iran-U.S. Claims Tribunal

that had been granted by

Presidential Executive Agreement

which had been upheld by the United

Supreme Court in Dames and Moore v

Regan 453 U.S 654.)

2. The second obv us

jurisdictional abuse which the State

Bar of California still refuses to

correct is the actual hiring of the

15

’ i

"Compensated Referee" by the State

Bar to decide cases in its favor,

despite the obvious conflict of

interests! This obvious abuse has

incurred the scorn of the California

State Attorney General's Office

which recognized it as clearly a

conflict of interests! This

practice has also been outlawed by

the United States Supreme Court, yet

the California State Bar and the

California State Supreme Court still

persist and still adamantly refuse

to change it! (Please see Wong Yang

Sun v McGrath 339 U.S. 33 70 S. Ct.

445 in which the U.S. Supreme Court

specifically outlawed this

practice!)

16

The third obvious jurisdictional

abuse which the State of California

Supreme Court and the State Bar of

California committed was in allowing

a single judge when three judges

were explicitly required by law!

(Please see California State Bar

Court Rule 558.) This specifically

violated the principles announced

and upheld by the United States

Supreme Court in Ex Parte Northern

Railway Company 280 U.S. 142; Ex

Parte Cogdel] 342 U.S. 163; Ex Parte

metropolitan Water Company of West

Virginia 220 U.S. 539, and numerous

other cases that were cited in the

petition! All of the cases cited

are U.S. Supreme Court cases and all

were deliberately ignored by both

the California Supreme Court and by

17

the State Bar of California and by

the Prosecutor, all of whom

continued to act in and with

complete bad faith in failing and

refusing to “confess error" and to

reinstate this petitioner as a

member in good standing of the

California State Bar Association!

This warrants an increased

multiplier in the award of attorney

fees, damages and interests as

described later in these papers!

QUESTION FOUR:

IN DELIBERATELY CONVICTING THIS

PETITIONER, DESPITE HIS U.S.

CONSTITUTIONAL SAFEGUARDS WHICH WERE

TRAMPLED UPON, THE STATE BAR OF

CALIFORNIA ACTED WILLFULLY,

DELIBERATELY AND MALICIOUSLY IN ORDER TO

18

REMOVE PRESSURE THAT IT WAS THEN

RECEIVING FROM THE CALIFORNIA STATE

LEGISLATURE AND FROM A NEWSPAPER!

This petitioner documented the

pretrial publicity and political

pressure that were brought to bear on

the California State Bar Association and

the California Supreme Court by the

"yellow journalistic" San Francisco

Examiner newspaper and by the California

Legislature! For these judicial bodies

to abandon their former regard for

United States Supreme Court precedents

and constitutional rights because of

this political pressure and pretrial

publicity is unfathomable! Rideau

Louisiana 373 U.S. 723 and Chandler v

Florida 449 U.S. 560 are U.S. Supreme

I<

19

Court cases which overturned convictions

that resulted from pretrial publicity

just as in the present case!

District of Columbia Federation of

Civic Associations v Volpe 459 F2d 1231;

Eastern Airlines v CAB 271 F2d 752;

Pillsbury v FTC 354 F2d 298; and Sicoma

Club v Castle 657 F2d 298 are U.S.

Supreme Court cases which overturned

cases whose outcomes had resulted from

"legislative prodding," as in the

present case!

The State Bar of California and the

California Supreme Court's unreasonable

actions in deliberately and totally

ignoring the above U.S. Supreme Court

precedents willfully and deliberately

caused "a multiplicity of actions," as

the term is used in 28 USC 1927, because

each of the above-mentioned respondents

20

|

unreasonably gave into the political

pressures that emanated from the

newspaper and from the California State

Legislature, which were documented by

quotes from the WETA television

documentary, quoted in this petitioner's

application for a writ.

QUESTION FIVE:

IN UNCONSTITUTIONALLY ADDING NEW CHARGES

DURING TRIAL AND PERMITTING IT DESPITE

OBVIOUS UNITED STATES SUPREME COURT

CASES WHICH PROHIBIT THIS PRACTICE, BOTH

THE STATE BAR OF CALIFORNIA AS WELL AS

THE CALIFORNIA SUPREME COURT ARE GUILTY

OF DELIBERATE OPPRESSION, FRAUD AND

MALICE!

Both the Supreme Court of California

as well as the State Bar of California

willfully and deliberately ignored the

21

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following United States Supreme Court

cases: In Re Ruffalo 390 U.S. 644 and

Cole v Arkansas 333 U.S. 196, when they

unreasonably, deliberately and

capriciously added and allowed to be

added completely new charges during the

trial itself! This proved complete bad

faith on their parts and attorneys'

fees, damages, cost, and interest are

clearly indicated!

QUESTION SIX:

IN ACTUALLY COACHING WITNESSES TO

DELIBERATELY MISLEAD THIS PETITIONER

INTO BELIEVING THAT MOST OF THE MAJOR

ALLEGED CHARGES AGAINST HIM HAD BEEN

DISMISSED IN ORDER TO WILLFULLY AND

DELIBERATELY TRICK THIS PETITIONER INTO

NOT PREPARING ANY DEFENSE TO THESE

ALLEGED CHARGES WHATSOEVER, THE STATE

22

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BAR OF CALIFORNIA WAS GUILTY OF

OPPRESSION, FRAUD, MALICE AS WELL AS

EXTREMELY BAD FAITH!

These overt acts by the California

Bar's Prosecutor which were admitted to

at trial, were not only tolerated but

were even “winked at" by the State Bar's

"Compensated Referee" and by California

State Supreme Court,which didn't seem to

mind these obvious abuses,despite the

fact that in United States Supreme Court

previously condemned this practice in

United States v Throckmorton 98 U.S. 61;

and in Hazel Atlas Glass v Hartford 322

U.S. 328. This clearly and obviously

justifies an award of attorneys' fees,

damages, interests and costs against

each of the respondents and each of

their individual attorneys!

23

’

QUESTION SEVEN:

IN DELIBERATELY IGNORING THE EXPLICIT

STATUTES OF LIMITATIONS FOR ALMOST ALL

OF THE ALLEGED CHARGES, THE STATE BAR OF

CALIFORNIA, AS WELL AS THE CALIFORNIA

SUPREME COURT, ARE GUILTY OF OPPRESSION,

FRAUD AND MALICE!

Both the California State Supreme

Court as well as the State Bar of

California deliberately, willfully, and

maliciously ignored the applicable

statutes of limitations for most of the

alleged charges, despite the fact that

this was pointed out to them on numerous

occasions! This was in clear violation

of the United States Supreme Court's

holding in Schiavone v Fortune 477 U.S.

21.

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QUESTION EIGHT:

IN DELIBERATELY DENYING THIS PETITIONER

HIS CONSTITUTIONAL RIGHT TO CONFRONT THE

ALLEGED WITNESSES AGAINST HIM, BOTH THE

CALIFORNIA SUPREME COURT AS WELL AS THE

STATE BAR OF CALIFORNIA WERE GUILTY OF

OPPRESSION, FRAUD, MALICE AND BAD FAITH!

In Pointer v Texas 380 U.S. 400;

Ohio v Roberts 448 U.S. 56; California v

Green 399 U.S. 149; Dutton vy Evans 400

U.S. 74, the United States Supreme Court

reiterated the constitutional right to

confront and cross-examine the alleged

witnesses against an accused! Once

again this right was denied this

petitioner on numerous occasions and

several so-called “complaining

witnesses" even failed to appear at the

trial at all! This did not prevent the

State Bar's Prosecutor from giving his

25

own alleged testimony in their place!

"Trial," if it could even be called a

"trial," was by surmisal and conjecture!

The State Bar Prosecutor in effect even

testified, according to what he said

that these witness would have said had

they appeared at all, i.e. he really

said whatever he wanted without any

showing of unavailability of the absent

alleged witnesses and completely without

any showing of any statements by the

alleged witnesses whatsoever! The State

Bar's Prosecutor even went so far as to

give medical testimony that he said his

alleged medical expert would have given

had he appeared! This is only one of

many, many completely outrageous

examples!

26

In doing these acts and allowing

them, both the State Bar of California

and the California Supreme Court were

guilty of overt and obvious oppression,

fraud and malice!

QUESTION NINE:

IN DELIBERATELY VOIDING CONTRACTS

BETWEEN AND AMONG MOST OF THE ALLEGED

COMPLAINING WITNESSES AND ALLOWING IT,

WHEREIN THE ALLEGED COMPLAINING

WITNESSES HAD AGREED IN WRITING TO AN

OUTRIGHT DISMISSAL OF THEIR ALLEGED

COMPLAINTS AGAINST THIS PETITIONER, THE

STATE BAR OF CALIFORNIA AND ITS

ATTORNEYS, AS WELL AS THE STATE SUPREME

COURT OF CALIFORNIA, WERE GUILTY OF

EXTREMELY BAD FAITH, AND AS SUCH SHOULD

BE MADE TO PAY ATTORNEYS' FEES,

INTEREST, COSTS AND DAMAGES.

27

The Contract Clause of the U.S.

Constitution, Article 1 Section 10,

specifically prohibits voiding contracts

such as the contracts that involved this

petitioner and most of the alleged

complaining witnesses in which most of

the alleged complaining witnesses agreed

in writing to dismiss their alleged

complaints! Fletcher v Peck 10 U.S.

(Cranch) 87 and Home Building and Loan

Association v Beaisdell 290 U.S. 398,

are the leading United States Supreme

Court cases reaffirming the

constitutional right of citizens against

state action which "impairs" the right

of contract, as both the California

State Supreme Court and the California

State Bar did in the present case, as

was previously shown in the petition!

28

QUESTION TEN:

IN WILLFULLY AND KNOWINGLY ACTING IN AN

OBVIOUS UNCONSTITUTIONAL MANNER TO

DEPRIVE THIS PETITIONER OF HIS SIXTH

AMENDMENT RIGHT TO COUNSEL, IN CLEAR

VIOLATION OF GIDEON V WAINWRIGHT 371

U.S. 335, AS WELL AS BY NUMEROUS OTHER

EXTREME EXAMPLES, THE STATE BAR OF

CALIFORNIA AND THE CALIFORNIA SUPREME

COURT ACTED WILLFULLY, DELIBERATELY AND

MALICIOUSLY!

The unconscionable way the

California Supreme Court and the State

Bar of California denied petitioner his

Sixth amendment Constitutional right to

an attorney, after an attorney had been

ordered to be appointed but was never

appointed, then summarily taken away

with less than six days notice, which

29

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was never sent to said attorney, and

when the explicit California law

provided a minimum of 15 days notice

plus an additional 5 days when mailed,

for a minimum of 20 days notice, has

been adequately documented.

In doing the above acts and in

tolerating them, the State Bar of

California and the California State

Supreme Court acted unreasonably, to say

the least. An award of attorney's fees,

damages, interest and costs is clearly

warranted!

QUESTIONS ELEVEN AND TWELVE:

IN BRINGING TWO SEPARATE CLAIMS FOR

ALLEGED CONVERSION OF CHATTELS EVEN

THOUGH IT HAD COPIES OF THE BILLS OF

SALE IN BOTH SEPARATE CLAIMS AS WELL AS

AN AUTHENTICATED SIGNATURE FROM THE

30

STATE BAR OF CALIFORNIA'S OWN

HANDWRITING EXPERT, AS WELL AS OTHER

OBVIOUS ABUSES, THE STATE BAR OF

CALIFORNIA WILLFULLY, KNOWINGLY AND

DELIBERATELY COMMITTED EXTREME BAD

FAITH!

The State Bar of California and its

arrogant and completely biased

prosecutor even brought two completely

unfounded charges that alleged

conversion of chattels, even though it

had in its possession two separate bills

of sale by which the clients had

conveyed title to the chattels to the

attorney! The State Bar Prosecutor

later withdrew one charge during the

course of the Mayes-Ulricksen hearing,

after Mayes-Ulricksen had testified, yet

the State Bar of California ordered

Mayes-Ulricksen to be paid the value of

31

the old car from the client security

fund, despite the obvious inconsistency!

The California State Bar Prosecutor and

the California State Bar likewise

prosecuted this petitioner despite its

own handwriting expert's written

testimony that one alleged complaining

witnesses' signature on the bill of sale

for his old boat was not contrived! The

State Bar's “Compensated Referee" then

buried his finding that there was no

conversion in the transcript!

CONCLUSION:

The above statutes, 28 USC 1915,

1746 and 1927 clearly warrant the

imposition of an award of attorneys'

fees against all of respondents, as well

as their attorneys, who willfully and

wantonly, deliberately and maliciously

withheld vital information (many of the

32

alleged complaining witness' statements

as well as other information) that could

have exculpated this petitioner at an

earlier date, and even went so far as to

deliberately commit the other extreme

acts of malice, fraud and oppression as

indicated! Indeed, the prosecution is

still deliberately withholding

information and evidence in the

Haschemi/Miller and Ghasemloo matters,

i.e., the alleged complaining witness'

alleged reports which they continue to

refuse to divulge!

All of the above matters were not

mistakes! The prosecution and the other

attorneys for the State Bar of

CaJifornia knowingly, willfully and

deliberately used perjured information

in the Haschemi/Miller, Ghasemloo and in

other matters as indicated.

33

Immediate disbarment for the

prosecutor should also be appropriate!

In each and every one of the above

matters the State Bar and ‘its

prosecutors showed complete and utter

disrespect for the law! They engaged in

a witch hunt reminiscent of Salen,

Massachusetts.

Also, in regard to damages, the U.S.

Supreme Court should award an additional

$5,000,000 to $25,000,000 in additional

damages against each of the respondents,

as well as the State of California and

each of the respondents' willful and

deliberate nefarious attorneys, in order

to compensate this petitioner for the

extreme damage to his reputation. This

petitioner is from a family of attorneys

and one of his relatives was well-known

to almost all of the individual Justices

34

of the U.S. Supreme Court. Known for

his integrity, this judge drafted the

code of ethics for all federal judges

and was Chairman of the federal

judiciary's Ethics and Administrative

Practices Committees! The damage and

sever injury to this petitioner and to

this petitioner's family was enormous!

This Court, in its discretion,

should award this petitioner at least an

additional $5,000,000 in damages. An

additional award of an additional

$25,000,000 in damages would not be

unreasonable under the circumstances!

In this day and age, prosecutorial

abuses should be made to cease! The

extreme damages to this petitioner's

entire family that was caused by the

completely unfounded and scurrilous

decision being published and disbursed

35

in public and private law libraries

throughout the entire United States and

abroad could only be remedied by a

proper opinion of this Court and a

substantial award of attorney's fees,

damages, interest and costs against the

following:

1.

2.

The State of California

The State Bar of California,

a division of the State of

California

The California Supreme Court

Jerome Fishkin, Attorney for

the State Bar

Attorneys for the State Bar,

Diane C. Yu, Truitt Richey,

Goel Infande Weiss

Each and every other

attorney for respondents!

36

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Respectfully submitted

March 19, 1991.

[pees DO arene,

Jonathan Ainsworth

’ In Pro Per

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37

Declaration of Jonathan Ainsworth

in Support of Application

for Attorneys' Fees

I, Jonathan Ainsworth, declare as

follows:

I request 50% of my total billable

1986

1987

1988

1989

1990

1991

hours for the last five

years be paid to me as

attorneys' fees with at

least a 150% lodestar factor

increase. Damages is a

separate subject which will

be discussed at the end of

this declaration. The hours

I expended are as follows:

- 50% of part of the year

50% of all of the year

50% of all of the year

50% of all of the year

50% of all of the year

50% of part of the year

38

1987, 1988 - $100,000

in out-of-pocket attorneys’

fees paid to other lawyers

The work included the following: a

"trial" that lasted over two weeks in

which I was forced and compelled to

defend myself, without an attorney,

despite the fact that one had been

ordered appointed by the State Bar Court

then summarily and erroneously taken

away from me without proper notice to

either an appointed attorney or to me,

over my strenuous objection! Many,

many, many pretrial and post trial

motions, legal briefs, applications and

petitions to the California State

Supreme Court were performed, numerous

letters to the individual Justices of

the California State Supreme Court were

39

TT

sent that complain of the willful,

deliberate and outrageous conduct of the

State Bar's Prosecutor, the State Bar's

"Compensated Referee" and attorney

Stephen Miller, who I proved to the

California Supreme Court actually

perjured himself under oath! (As well

as other perjury and outright and

deliberate acts of willful bad faith

previously mentioned.) The Supreme

Court of California and the State Bar of

California willfully, wantonly and

deliberately failed and refused and

still continue to fail and refuse to

even answer said correspondence or even

to investigate at all, despite numerous

items of documentation!

I request my billing rate of $200

per hour be granted me for a total of

5,000 billable hours over the past five

40

years. This equals $1,000,000, which -

should be multiplied by a lodestar

factor of at least 1.5 which gives

$1,500,000, plus out-of-pocket

attorneys' fees which are approximately

$100,000 in out-of-pocket fees to date!

This gives a total of at least

$1,600,000, plus costs, interest and

damages, and even more if the U.S.

Supreme Court believes a lodestar factor

greater than 1.5 is warranted! These

amounts are approximate. More detailed

figures can be supplied if the Court in

its discretion deems is appropriate.

An award of at least $5,000,000 in

additional damages is clearly indicated

and an award of $25,000,000 in

additional damages would be more clearly

appropriate.

41

These amounts should be awarded

against the following:

1. The State of California

2. The Supreme Court of

California

3. The State Bar of California

4. Jerome Fishkin, Attorney for

the State Bar

5, Attorneys for the State Bar

Diane C. Yu, Truitt Richey,

Gael Infande Weiss

6. Each and every other

attorney for respondents.

I declare under penalty of perjury

that the above is true and correct.

Executed March 19, 1991, at Baton Rouge,

Louisiana.

a ee Sy i*

Jonathan Ainsworth ‘

/ In Pro Per

42

No. 90-1397

IN THE SUPREME COURT OF THE

UNITED STATES

October Term, 1990

IN RE JONATHAN AINSWORTH,

Petitioner

THE SUPREME COURT OF CALIFORNIA,

THE STATE BAR OF CALIFORNIA,

Respondents

AFFIDAVIT OF MAILING

SUPPLEMENTAL BRIEF FOR

PETITION FOR A WRIT OF MANDAMUS, OR

IN THE ALTERNATIVE FOR A WRIT OF

PROHIBITION, PURSUANT TO 28 U.S.C.

SECTION 1651 AND MOTION AND APPILCATION

FOR ATTORNEYS' FEES, DAMAGES, INTEREST,

AND COSTS PURSUANT TO 18 USC 3006A AND 28

USC 1927

Jonathan Ainsworth, deposes and

affirms, I am in propria persona. I

personally mailed to the Clerk of the

United States Supreme Court,

Supplementtal Brief for Petition for Writ

of Mandate, Petition for Writ of

Prohibition pursuant to 28 USC 1651, and

Motion and Application for Attorneys'

fees, damages, interest, and costs

pursuant to 18 USC 3006A and 28 USC 1927.

I also mailed three copies first class

mail to office of Trial Counsel State,

State Bar of California, 555 Franklin

St., San Francisco, California 94102,

attorney for Respondent. This was done

on March 19, 1991 at Baton Rouge,

Louisiana.

ae en

onathan Ainsworth

2237 S. Acadian Thruway

Suite 301

Baton Rouge, Louisiana 70808

(504) 923-0311

Petitioner, In Pro Per

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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