Idaho Man Sits In Jail Over ‘95 Traffic Ticket Constitutionalist Says Court Lacks Jurisdiction

It all started with a speeding ticket.

Since 1995, that unpaid $57 has led to court appearances, jail and thousands of dollars spent on bail.

It led to a $33 million lawsuit against police, a Grant County judge, Shoshone County’s prosecutor, even a bail bond business.

Now, constitutionalist Joseph Ivy Stevens sits in a Wallace jail, awaiting his May 9 trial for driving with a suspended license. And he still hasn’t paid that ticket.

The 58-year-old, who owns the Cave Lake Resort near St. Maries, said he believes the court has no authority because it operates under military law. His opinion is that any court displaying a flag with a gold, fringed border will ignore the Constitution and subject people to admiralty, the law of the sea.

Idaho Deputy Attorney General Lawrence Wasden said constitutionalists often claim sovereign immunity and challenge jurisdiction.

Stevens’ federal lawsuit claimed the Shoshone County jail really is an “armed camp of admiralty forces, acting outside of the law and lacking any jurisdiction over me.”

“Most of it is nonsensical,” Wasden said.

A judge dismissed the lawsuit April 18. But some targets of the suit worry Stevens will appeal or file more lawsuits.

The 27-page complaint and affidavit cited everything from the Treaty of Paris - “signed by the Kings of England, France and Spain” - to the Bill of Rights as reasons why Stevens should be allowed to drive without a license and the county court is toothless.

During a court hearing this month, Stevens laid himself on the floor and refused to approach the bench. Bailiffs had to pick him up and haul him toward the judge.

“It’s about not having our constitutional rights trampled on,” said his wife, Gail. She wouldn’t comment further, saying constitutionalists often are portrayed as “kooks” when they’re really “trying to make things better for everyone.”

Many of the 20 parties sued by Stevens still won’t talk about the case. The Shoshone County Sheriff’s Department is mum. Grant County Judge Richard Fitterer won’t speak on the record. A Shoshone County employee hid her business cards so Stevens couldn’t learn her name and include her in his lawsuit. Prosecutor John Cossel said he’s just perplexed by the suit.

“I’ve read it,” he said. “But I don’t understand anything about it.”

One paragraph in the lawsuit reads, “When a judge enters the court room under the maritime flag with the gold fringe, gold braid on the ‘flag,’ and on the ‘pole’ with a gold eagle or gold spear or gold cannon ball … the Court Room will be under ‘maritime jurisdiction.”’

Stevens was cited for speeding in November 1995. When he appeared in Grant County court over it in January 1996, he wouldn’t approach the judge.

Washington Department of Licensing records show Stevens’ license was suspended in March 1996. In addition to the judge, Stevens’ suit also names the head of the Washington State Patrol.

In August, Stevens was arrested in Idaho for driving while his license was suspended. He posted bond. He was jailed briefly again in February for failing to appear at a hearing. Stevens was arrested again on April 8 and has remained in jail.

Stevens included Ace Bail Bonds in his suit because he was mad he had to pay a $353 fee as well as charge “$2,000 from my credit card on which I am still paying 18 percent usury on. This is unconscionable and in clear violation of the Rico Act.”

The owner of the Osburn business, Chrisann Danielson, said she has never had a customer react quite that way. “I really don’t understand any of this,” she said.

, DataTimes MEMO: Cut in the Spokane edition.