United States v. John F. Grismore, 564 F.2d 929 (10th Cir. 1977). · Go Syfert
United States v. John F. Grismore, 564 F.2d 929 (10th Cir. 1977). Cases Citing This Book View Copy Cite
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136 citation events (82 in the last 25 years) across 60 distinct courts.
Strongest positive: Serpik Family v. Webb (okwd, 2025-08-26)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Serpik Family v. Webb
W.D. Okla. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) Serpik v. Manning
W.D. Okla. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) Aljindi v. United States (2×) also: Cited as authority (rule)
Fed. Cl. · 2025 · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) Murray v. Supreme Court of Washington (2×) also: Cited "see"
W.D. Wash. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) Murray v. Supreme Court of Washington
W.D. Wash. · 2025 · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a 16 litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) WALES V. MERRINVIL
D. Me. · 2024 · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue .
discussed Cited as authority (verbatim quote) Dunigan v. Warden
N.D. Ind. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue .
discussed Cited as authority (verbatim quote) Ellis v. Garland
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) CHASE v. AHUJA
N.D. Fla. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) Francis v. United States of America
M.D. Fla. · 2022 · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) Jones v. Richland County
D.S.C. · 2022 · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) ALLEN, SR v. NORTH CAROLINA DEPT. OF HEALTH AND HUMAN SERVICES
M.D.N.C. · 2022 · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) Koon v. Global Telmate
D.S.C. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) Komatsu v. The City of New York
S.D.N.Y. · 2021 · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) Green v. 1900 Capital Trust II, BY U.S. BANK TRUST NewRez LLC
D. Maryland · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) Daryl Anthony Green
Bankr. D. Md. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) Green v. Shellpoint Mortgage Servicing
Bankr. D. Md. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) Green v. Shellpoint Mortgage Servicing
D. Maryland · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him.
discussed Cited as authority (verbatim quote) Demoulas v. Demoulas
Mass. · 2000 · quote attribution · 1 verbatim quote · confidence high
a judge is not disqualified merely because a litigant sues or threatens to sue him
cited Cited as authority (rule) Frank Gainer, Jr. v. State of Maryland et al.
D. Maryland · 2026 · confidence medium
Md. 2020) (quoting United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977), aff’d sub nom.
cited Cited as authority (rule) Michelle Deon Lee
Bankr.D. Colo. · 2025 · confidence medium
A “judge is not disqualified merely because a litigant sues or threatens to sue him.” United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977).
discussed Cited as authority (rule) Miller v. United States
Fed. Cl. · 2025 · confidence medium
Id.; United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977) (explaining that a “judge is not disqualified merely because a litigant sues or threatens to sue him”).
discussed Cited as authority (rule) REARDON v. TEGNA EAST COAST BROADCASTING LLC
D. Me. · 2025 · confidence medium
Ill. 1988), aff’d, 894 F.2d 1338 (7th Cir. 1990) (table); see also, e.g., United States v. Pryor, 960 F.2d 1, 3 (1st Cir. 1992) (suit against judge separate from case at bar; “It cannot be that an automatic recusal can be obtained by the simple act of suing the judge.”); United States v. Studley, 783 F.2d 934, 940 (9th Cir. 1986) (“A judge is not disqualified by a litigant’s suit or threatened suit against him”); United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977) (same), cert. denied, 435 U.S. 954 (1978).
discussed Cited as authority (rule) Vital Pharmaceuticals, Inc.
Bankr. S.D. Florida · 2025 · confidence medium
As the Court has previously explained in detail, Mr. Owoc was provided ample opportunity to retain his personal property and data — including the return of his data on a hard drive and the computer hardware — by complying with the reasonable and lawful procedures established by this Court.17 Instead, he chose to disregard those procedures and persist in his campaign of baseless filings.18 The Court finds that the Motion to Vacate merely continues the pattern of vexatious litigation already documented in the 15 See Liteky v. United States, 510 U.S. 540 , 555–56 (1994). 16 See United State…
discussed Cited as authority (rule) Rosberg v. State of Nebraska
D. Neb. · 2025 · confidence medium
Requiring disqualification every time a litigant sues a judge would allow litigants to improperly "judge shop." In re Trader, 419 F. App'x 170, 170 (3d Cir. 2011); see also U.S. v. Pryor, 960 F.2d 1, 3 (1st Cir. 1992); Azubuko v. Royal, 443 F.3d 302, 304 (3d Cir. 2006); U.S. v. Studley, 783 F.2d 934, 940 (9th Cir. 1986); U.S. v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977); Jones v. City of Buffalo, 867 F. Supp. 1155, 1163 (W.D.N.Y. 1994); cf. Proctor v. Engstrom, 95 F. App'x 192, 194 (8th Cir. 2004).
discussed Cited as authority (rule) Jackson v. Focus Features LLC
E.D. Mo. · 2025 · confidence medium
“A judge is not disqualified merely because a litigant sues or threatens to sue [her].” United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977); see AMJUR JUDGES § 98 (“A judge is not disqualified merely because a litigant sues or threatens to sue the judge, on the ground that such an easy method for obtaining disqualification should not be encouraged or allowed.”); Buttercase v. Frakes, 2019 WL 2231133 , at 1 (D.
cited Cited as authority (rule) Murray v. Supreme Court of Washington
W.D. Wash. · 2025 · confidence medium
“A judge is not disqualified merely because a litigant sues or threatens to sue him.” United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977), cert. denied, 435 U.S. 954 (1978).
discussed Cited as authority (rule) Vital Pharmaceuticals, Inc.
Bankr. S.D. Florida · 2025 · confidence medium
Fla.). 37 See United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977) (holding that “a judge is not disqualified merely because a litigant sues or threatens to sue him”); In re Martin-Trigona, 573 F. Supp. 1237 , 1243–44 (D.
cited Cited as authority (rule) United States v. Quintanilla
5th Cir. · 2024 · confidence medium
See In re Taylor, 417 F.3d 649, 652 (7th Cir. 2005); United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977). 17 But this case differs from each of those in multiple ways.
discussed Cited as authority (rule) GEDEON v. THE ATTORNEY GENERAL
E.D. Pa. · 2023 · confidence medium
Conn. 1983), So, it is only rational to conclude that “[a] fudge is not disqualified merely because a litigant sues or threatens to sue h[er].” United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977); see also United States v. Blohm, 579 F, Supp. 495, 505 (S.D.N.Y. 1983) (‘Several courts have already rejected the proposition that such a suit against a presiding judge is sufficient to require disqualification under § 455,”) (collecting cases).
discussed Cited as authority (rule) Crosby v. State of Florida
M.D. Fla. · 2022 · confidence medium
In addition, courts have consistently held that a judge is not required to recuse “‘merely because a litigant sues or threatens to sue [her].’” See In re Bush, 232 F. App’x 852, 854 (11th Cir. 2007) (quoting United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977)); see also Woodruff v. McLane, No. 7:04-cv-96 (HL), 2006 WL 3436045 , at *1 (M.D.
cited Cited as authority (rule) Rosevelt: Hopper v. State of NC
W.D.N.C. · 2022 · confidence medium
See 28 U.S.C. § 455 (b)(5)(I); see also In re Hipp, Inc., 5 F.3d 109 , 116–17 (5th Cir. 1993); U.S. v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977); Horob v. Cebull, 2011 WL 2607088 , *1 n. 1 (D.
discussed Cited as authority (rule) Pickett v. Butler (INMATE 3)
M.D. Ala. · 2022 · confidence medium
“A judge is not disqualified merely because a litigant sues or threatens to sue him.” In re Bush, 232 F. App’x 852, 854 (11th Cir. 2007) (quoting United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977)).
discussed Cited as authority (rule) Strader (ID 66677) v. Kansas, State of
D. Kan. · 2021 · confidence medium
“A judge is not disqualified merely because a litigant sues or threatens to sue him.” Id. (quoting United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977), cert. denied, 435 U.S. 954 (1978)); see also Anderson v. Roszkowski, 681 F. Supp. 1284, 1289 (N.D.
discussed Cited as authority (rule) Akers v. von Blanckensee
D. Kan. · 2021 · confidence medium
“A judge is not disqualified merely because a litigant sues or threatens to sue him.” Akers v. Weinshienk, 350 F. App’x 292, 293 (10th Cir. 2009) (unpublished) (quoting United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977), cert. denied 435 U.S. 954 (1978)); see also Anderson v. Roszkowski, 681 F. Supp. 1284, 1289 (N.D.
discussed Cited as authority (rule) Hopson v. Warden Belmont Correctional Institution
N.D. Ohio · 2021 · confidence medium
Conn. 1983) (“[I]t is clear that a judge is not disqualified under 28 U.S.C. § 455 . . . merely because a litigant sues or threatens to sue him.”) (emphasis in original) (citing United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977), cert. denied, 435 U.S. 954 , 98 S. Ct. 1586 , 55 L.
discussed Cited as authority (rule) Strader (ID 66677) v. Kansas, State of
D. Kan. · 2021 · confidence medium
“A judge is not disqualified merely because a litigant sues or threatens to sue him.” Id. (quoting United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977), cert. denied 435 U.S. 954 (1978)); see also Anderson v. Roszkowski, 681 F. Supp. 1284, 1289 (N.D.
discussed Cited as authority (rule) Woods (ID 77647) v. Crow
D. Kan. · 2021 · confidence medium
However, “[a] judge is not disqualified merely because a litigant sues or threatens to sue him.” Id. (quoting United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977), cert. denied, 435 U.S. 954 (1978); see also Anderson v. Roszkowski, 681 F. Supp. 1284, 1289 (N.D.
discussed Cited as authority (rule) Woods v. Crow
D. Kan. · 2021 · confidence medium
However, “[a] judge is not disqualified merely because a litigant sues or threatens to sue him.” Id. (quoting United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977), cert. denied, 435 U.S. 954 (1978); see also Anderson v. Roszkowski, 681 F.Supp. 1284, 1289 (N.D.
discussed Cited as authority (rule) Agha-Khan v. Mortgage Electronic Registration Systems Inc.
D. Nev. · 2021 · confidence medium
See Studley, 783 F.2d 934, 940 (9th 4 Cir. 1986) (stating that a “judge is not disqualified by a litigant’s suit or threatened suit against 5 him”); United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977) (noting that “[a] judge is 6 not disqualified merely because a litigant sues or threatens to sue him”).
discussed Cited as authority (rule) Gess v. 10th Circuit District Court
D. Colo. · 2020 · confidence medium
Even if I was personally named, “[a] judge is not disqualified merely because a litigant sues or threatens to sue him.” See United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977); see also Arunachalam v. Pazuniak, 2016 WL 7042113 , at *1 (D.
discussed Cited as authority (rule) Moore v. Crow
D. Kan. · 2020 · confidence medium
“A judge is not disqualified merely because a litigant sues or threatens to sue him.” Id. (quoting United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977), cert. denied 435 U.S. 954 (1978)); see also Anderson v. Roszkowski, 681 F. Supp. 1284, 1289 (N.D.
cited Cited as authority (rule) Strader (ID 66677) v. Reno County District Court
D. Kan. · 2020 · confidence medium
“A judge is not disqualified merely because a litigant sues or threatens to sue him.” Id. (quoting United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977), cert. denied 435 U.S. 954 (1978)).
discussed Cited as authority (rule) Statton v. Kiser
M.D. Fla. · 2019 · confidence medium
However, this does not require my disqualification. “[A] judge is not disqualified merely because a litigant sues or threatens to sue him.” In re Bush, 232 F. App’x 852, 854 (11th Cir. 2007) (quoting United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977)); accord United States v. Studley, 783 F.2d 934, 940 (9th Cir. 1986); see Cuyler v. Aurora Loan Servs.
discussed Cited as authority (rule) Hall v. Flora
E.D. Mich. · 2019 · confidence medium
The Sixth Circuit has made clear that “a judge is not disqualified from hearing a case merely because a litigant sues or threatens to sue him or her.” Rodman v. Misner, 852 F.2d 569, 569 (6th Cir. 1988) (citing United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977), cert. denied, 435 U.S. 954 (1978)).
cited Cited as authority (rule) McCain v. Wetzel
M.D. Penn. · 2019 · confidence medium
Moreover, “[a] judge is not disqualified merely because a litigant sues or threatens to sue him.” United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977).
discussed Cited as authority (rule) United States v. Bigley
D. Ariz. · 2019 · confidence medium
Alley, 71 F.3d 347, 351 (10thCir. 1995), see also United States v. Grismore, 564 F.2d 929, 933 (10thCir. 1977). 15 CONCLUSION 16 In short, none of the Defendants filings relating to Judge Holland or purportedly seeking to bring a claim against him provide a basis for his disqualification or recusal. 18 IT IS HEREBY ORDERED that the Kelso Defendants’ Motion for || Disqualification of Chief Judge Murry Snow (Doc. 324) is denied. 20 IT IS FURTHER ORDERED that Kelso Defendants’ 2™4 Motion for Relief from || Order (Doc. 320) is denied and this case is referred back to Judge Holland for ruling…
discussed Cited as authority (rule) Phan v. Hammersmith Management, Inc.
D. Colo. · 2019 · confidence medium
“A judge is not disqualified merely because a litigant sues or threatens to sue him.” United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977). and (3) plaintiff’s claims relating to a June 8, 2015 sewer line break are barred by the statute of limitations.
discussed Cited as authority (rule) Penn III v. City of New York
S.D.N.Y. · 2019 · confidence medium
Conn. 1983) (Cabranes, J.) (“[I]t is clear that a judge is not disqualified under 28 U.S.C. § 455 (or under 28 U.S.C. § 144 for that matter) merely because a litigant sues or threatens to sue him.” (emphasis and footnote omitted)); accord United States v. Studley, 783 F.2d 934, 940 (9th Cir. 1986); United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977); DiMartino v. Pulice, No. 3:16-CV-378 (AWT), 2017 WL 958391 , at *2 (D.
discussed Cited as authority (rule) In re Sanders
Bankr. S.D. Florida · 2015 · confidence medium
For instance, the Tenth Circuit found no basis for disqualification “merely because a litigant sues or threatens to sue him.” United States v. Grismore, 564 F.2d 929, 933 (10th Cir. 1977), cert. denied, 435 U.S. 954 , 98 S.Ct. 1586 , 55 L.Ed.2d 806 (1978).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
John F. GRISMORE, Defendant-Appellant
76-1675.
Court of Appeals for the Tenth Circuit.
Nov 4, 1977.
564 F.2d 929
Ramon M. Child, U. S. Atty. and Brent Ward, Asst. U. S. Atty., Salt Lake City, Utah, submitted on the brief for plaintiffappellee., John F. Grismore, pro se, submitted on the briefs for defendant-appellant.
McWilliams, Breitenstein, Barrett.
Cited by 122 opinions  |  Published
BREITENSTEIN, Circuit Judge.

The jury found defendant-appellant Gris-more guilty of all four counts of an indictment charging uttering and dealing in counterfeit obligations of the United States in violation of §§ 472 and 473, 18 U.S.C.A. He was sentenced to eight year concurrent terms on each count. We affirm.

On this appeal Grismore appears pro s.e. His brief is a tirade against the Federal Reserve System, the Internal Revenue Service, the federal judiciary, and lawyers. These attacks, based on religious and political views, are noted, but merit no discussion. Defendant, a tax protester, has long rebelled against the monetary and tax policies of the United States. He claims that, because of his opposition to these policies, he has been harassed and persecuted by federal officials and agents. The record shows that his troubles with federal tax and law enforcement officials have arisen from his disregard of the tax laws and from his violations of federal criminal statutes. Whatever difficulties he may have had were of his own making.

James Burrill, an informant working for the Utah Highway Patrol on a homicide case, met defendant in the Salt Lake County jail. Defendant offered to supply, and later did supply, Burrill with a quantity of counterfeit temporary Utah drivers’ licenses. Subsequently, defendant asked Burrill if he knew of a buyer of counterfeit money. Burrill reported this query to Riley Blanscett, a Utah highway patrolman, who in turn reported to the United States Secret Service. After negotiations and clandestine meetings, defendant delivered to Blanscett counterfeit $20, $50, and $100 Federal Reserve notes for inspection. Blanscett kept[*931] the notes and delivered them to the Secret Service. The transfer of these notes is the basis for Count One of the indictment.

On April 28, 1975, defendant met with Burrill and Blanscett in an Ogden, Utah, park. While in defendant’s car, Blanscett gave defendant $3,700 of identifiable currency and received in return a key to a locker in the Greyhound Bus depot in Ogden. Defendant placed the $3,700 in his coat pocket and left alone in his vehicle. Blanscett and Burrill went to the locker and found $76,000 in counterfeit $50 and $100 Federal Reserve notes. These notes were the basis for the charges made in Counts Two and Three of the indictment.

Secret Service agents followed defendant after he left Burrill and Blanscett. They enlisted the help of a Utah patrolman who stopped defendant. He was immediately arrested and his car searched. The $3,700 was found in his coat pocket. In the trunk of the car were found about $575,000 in cut and uncut $20, $50, and $100 counterfeit notes. Possession of these counterfeit notes was the basis of the charge in Count Four of the indictment.

Defendant was in the business of buying and selling precious metal, some of it in the form of medallions. He admitted the meetings with Burrill and Blanscett and asserted that the $3,700 transaction was for the purchase of coins. Plaintiff’s Exhibit 8 was a document entitled “Certified Receipt” which was signed by Melvin Rose, the pseudonym used by Blanscett in his dealings with defendant. The document says that the signer invested $3,750 with John F. Grismore “for the purpose of buying gold coins and silver coins.” Defendant testified that he delivered a bag of coins to Blanscett. Blanscett testified that his signing of the document was necessary to complete the transaction for the counterfeit money and that he never received any coins but only received the key to the locker. Defendant claims that the counterfeit notes were all planted by federal agents. It is enough to say that the record sustains the jury verdict on each count.

Defendant says that he was denied his Sixth Amendment right to counsel. Defendant is an educated man familiar with courts and criminal prosecutions. Our records show, see unpublished opinion in case No. 73-1489, that he was convicted of forcibly interfering with the administration of the Internal Revenue Laws in 1971 and his conviction was affirmed. He was later convicted of uttering and possessing counterfeit obligations of the United States and that conviction was also affirmed. See United States v. Grismore, 10 Cir., 546 F.2d 844.

The court denied defendant’s request that Jerome Daly, a disbarred Minnesota lawyer, see In re Daly, 291 Minn. 488, 189 N.W.2d 176, be permitted to represent him and instead appointed a Utah lawyer. Unable to secure the appointment of Mr. Daly, defendant chose to represent himself. The appointed lawyer was available throughout the trial to assist the defendant but his services were neither requested nor used. In his previous counterfeiting trial, defendant’s request that Daly represent him was rejected. On appeal to this court, we rejected the same Sixth Amendment claims that defendant repeats now. See United States v. Grismore, 10 Cir., 546 F.2d 845, 847. There is no significant difference between the situation in the first case and that in the case now before us. We decline to reconsider our first decision. Defendant was deprived of no Sixth Amendment right to counsel.

Defendant says that he did not have a fair trial because the court did not instruct the jury that it should decide the law as well as the facts. We rejected a similar argument in the appeal of his first counterfeiting conviction, 546 F.2d at 849. We accept and follow that decision and have no need to enlarge on it.

The applicable statutes, 18 U.S.C. §§ 472 and 473, proscribe uttering and dealing in counterfeit obligations and securities of the United States. Each count of the indictment refers to counterfeit Federal Reserve notes. Defendant argues that Feder[*932] al Reserve notes are not obligations of the United States. Section 8,18 U.S.C., defines the term “obligation or other security of the United States” to include “Federal Reserve notes.” We are not impressed with defendant’s harangue against the monetary and fiscal policies of the United States. His rejection of those policies is no ground for acquittal. Defendant’s effort to reargue the Federal Reserve note question, which we decided against him in his appeal from his first counterfeiting conviction, see 546 F.2d at 847, is of no avail.

The charged offenses occurred on April 24 and 28, 1975. The indictment was returned on June 17,1975, and defendant was arraigned on July 15, 1975. The five-day trial began on March 11, 1976. Defendant says that he was denied his Sixth Amendment right to a speedy trial.

The case fell before Judge Anderson who recused himself and asked that the case be reassigned. It was subsequently set for trial before Judge Powell of the Eastern District of Washington in September, 1975. Judge Powell died. The case then went to Judge Ritter who recused himself. It was returned to Judge Anderson and on January 29, 1976, was assigned to Judge Brimmer of the District of Wyoming. In the period between indictment and trial, defendant, who was at liberty on bond, filed various motions which were heard and overruled.

Defendant claims violation of the Speedy Trial Act, 18 U.S.C. § 3161 et seq., in that arraignment and trial were not held within the time limits set by § 3161(c). These limits do not apply to individuals indicted before July 1, 1976. See § 3163(b). The sanctions for non-compliance with the time limits are not effective until July 1, 1979. See § 3163(c). There was no violation of the Speedy Trial Act.

Pursuant to § 3164 of the Speedy Trial Act, the District of Utah adopted an interim plan for the prompt disposition of criminal cases which became effective September 29,1975. Its provisions for arraignment do not apply because defendant had been arraigned previously. Its 180-day provision for trial did not begin to run until the effective date of the rule, and defendant was tried within that period. The plan also provided that, subject to the court’s power to dismiss for unnecessary delay, non-conformity with the time provisions for arraignment and trial do not require the dismissal of the action. No violation of the local rule occurred in the instant case.

Independently of the Speedy Trial Act, defendant asserts that under Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101, he was denied his Sixth Amendment right to a speedy trial. Barker v. Wingo identifies four pertinent factors, the “length of delay, the reason for the delay, the defendant’s assertion of his right, and prejudice to the defendant.” 407 U.S. at 530, 92 S.Ct. at 2192. The delay was about nine months from indictment to trial. It was caused in large part by the difficulty in getting a judge. The record shows no request by defendant for trial, nor any prejudice caused by delay. Defendant had a fair trial and was deprived of no statutory or constitutional right to a speedy trial.

Throughout the trial, and in his appellate brief, defendant emphasizes his religious beliefs against a welfare state which, he says, exists at least in part because of the currency system established by the Federal Reserve Act, 12 U.S.C. § 221 et seq. These beliefs are said to be protected by the First Amendment and to preclude a prosecution on the counterfeiting charges of the indictment.

The purpose of the Establishment Clause of the First Amendment is to ensure governmental neutrality in matters of religion. Gillette v. United States, 401 U.S. 437, 449, 91 S.Ct. 828, 28 L.Ed.2d 168. The counterfeiting laws, which defendant is charged with violating, apply to everyone regardless of religious belief. The First Amendment’s guaranty of freedom of belief is absolute, but this concept does not guarantee freedom to act. “Conduct remains subject to regulation for the protection of society.” Cantwell v. Connecticut, 310 U.S. 296, 304, 60 S.Ct. 900, 903, 84 L.Ed. 1213;[*933] see also Warren v. United States, 10 Cir., 177 F.2d 596, 600, cert. denied, 338 U.S. 947, 70 S.Ct. 485, 94 L.Ed. 584. As said in Reynolds v. United States, 98 U.S. 145, 166-167, 25 L.Ed. 244, to permit a defendant to excuse conduct by reliance on religious belief,

“would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. Government could exist only in name under such circumstances.”

Defendant’s religiously motivated belief in the invalidity of the Federal Reserve Act does not give him license to deal in counterfeit obligations of the United States.

After the government had rested its case and the court had denied a defense motion for judgment of acquittal, defendant moved orally for the issuance of subpoenas requiring the presence at the trial of some 30 witnesses named on a list which he presented. The court ordered subpoenas for a number of them but refused to do so for several federal judges and bankers who were not shown to have any knowledge of the facts pertaining to the charges laid in the indictment.

Rule 17(b), F.R.Crim.P., provides that the court shall order a subpoena for a witness upon a showing of defendant’s inability to pay witness fees and of the necessity of the presence of the witness for an adequate defense. The right given by the rule is not absolute but is addressed to the sound discretion of the court. Murdock v. United States, 10 Cir., 283 F.2d 585, 587, cert. denied, 366 U.S. 953, 81 S.Ct. 1910, 6 L.Ed.2d 1246; see also Speers v. United States, 10 Cir. 387 F.2d 698, 701-702, cert. denied, 391 U.S. 934, 88 S.Ct. 1844, 20 L.Ed.2d 855. The court heard defendant and held that the witnesses for whom subpoenas were denied were not necessary for an adequate defense. We agree. The court exercised its discretion properly.

Nine days before the trial began, defendant presented a written motion asserting the disqualification of Judge Brimmer. The requirements of 28 U.S.C. § 144 were not satisfied because the motion was not timely and the required certificate of good faith was not provided. The ground for the motion was that the judge was a defendant in a suit brought by one Afflerbach against the American Bar Association and several hundred United States Justices and Judges charging deprivation of the plaintiff’s civil rights through monopolization of legal services. The suit had been dismissed about eight months before the start of the trial of the instant case. See Afflerbach v. American Bar Association, D.C.Wyo., 401 F.Supp. 108. Judge Brimmer was a member of the American Bar Association at the time but took office as a United States District Judge after the dismissal of the case. Defendant said that he had filed in Utah a suit similar to Afflerbach’s. He conceded that Judge Brimmer was not then a defendant in that suit but said that he might be made one.

Defendant has failed to show any ground of disqualification under § 144 or § 455, 28 U.S.C. A judge is not disqualified merely because a litigant sues or threatens to.sue him. One other matter should be mentioned. In his brief, defendant intemperately and scurrilously attacks Judge Brimmer. The record shows convincingly that Judge Brimmer presided over this long and difficult trial with complete impartiality and outstanding patience. Defendant had a fair trial.

Affirmed.