December 22, 2008

The Honorable Judge Berning

Tucson City Court
103 E. Alameda
Tucson AZ 85701

Re: CR-8022995, CR-8045759, CR-8013622

Warden Defies Tucson Municipal Court Judges

Dear Judge Berning:

In response to your most recent order setting January 20, 2009 as our next court
date, and your comment regarding “looking at a new list” of taxpayer-paid legal
counsel to represent my interests, please note my following objections and
comments:

1. Nearly one year has passed since I was arraigned on the first of the above
three consolidated cases.

2. The Conditions of Release in each of the cases prohibit me from coming

within 1,000 feet of public property near the corner of Pennington and
Stone which I have used to conduct the Tucson Weekly Public Forum for
the past two years.

3. During this time I have been prohibited from the free exercise of my
political rights as set forth by the First Amendment of the United States
Constitution.

4. To date more than one dozen Court Appointed lawyers have refused my
representation citing a “Conflict of Interest.”

5. During our last hearing you informed me the last lawyer you spoke to
would be the last lawyer you would solicit on my behalf and, should he not
agree to represent me, you would cease looking for counsel and directly
address the issues presented by the State’s violation of my constitutional
right to a speedy trial.
 6. Your most recent order, however, informs me the endless search will now
continue.

7. It appears the Court is continuing to work in concert with the State to

deprive me of my constitutional right to assembly and public speech, a
practice first instituted by Judges Riojas, Cranshaw and Hays, working
hand in hand with Tucson City Prosecutors Rankin and Merritt.

8. As you are no doubt well aware, such practice has been proscribed by a
series of U.S. Supreme Court decisions dating back to the commencement
of the Civil Rights Movement.

Therefore; please be advised that I will commence the third annual Tucson
Weekly Public Forum on January 14, 2009, on Library Square near the corner of
Pennington and Stone, in direct and intentional defiance of current Municipal
Court Orders.

Should you “consolidate” a new case arising out of a new violation of my

expressive rights, with the current cases now pending, I will seek injunctive relief
in Federal Court.

You may wish to avoid a constitutional crisis, and a further erosion of the
public confidence in the integrity of the Tucson Municipal Court, by immediately
rescinding the current orders which now prevent my speech, or, you may inform
the various judges who issued the orders they may “pound sand.”

In any event, the Tucson Weekly Public Forum will recommence January
14 2009, as scheduled. My right and the right of We The People to gather on the
public square to excoriate malfeasant public officials, including Tucson City Court
Judges, will not further be denied.

Yours truly,

Roy Warden

CC: Tucson City Prosecutor Alan Merritt and all 2,000 judges, lawyers, media
outlets, the general public, citizen activist groups, etc. who are current
subscribers to Common Sense II

For more information, please contact:

Roy Warden
Director, TWPF
roywarden@cox.net