Exhibit 501U: Invocation of Constitutional Rights and Demand for Procedural Safeguards
Ryan Dillon-Capps responded by asserting his constitutional rights, requesting disclosure of the materials reviewed by the Judicial Council, and demanding citation of the authority for the show cause order.
FROM
Ryan Dillon-Capps
TO
4th Circuit Judicial Complaints
Summary
I acknowledge receipt of the Memorandum and Order dated July 28, 2025, which purports to issue an Order to Show Cause why a punitive and prohibitive sanction should not be imposed to restrict, prohibit, or condition my future access to the judicial complaint procedures. The asserted basis is that I allegedly presented “no evidence whatsoever” in support of the claims raised in my judicial misconduct complaint. I hereby invoke my constitutional rights, including but not limited to: The right to confront my accusers; The right to the assistance of counsel for my defense; The right to obtain witnesses in my favor; The right to a public hearing before an impartial tribunal; and The right to receive, with adequate time, a complete copy of all materials relied upon in support of the allegations, sufficient to prepare an effective defense. Because I am proceeding in forma pauperis, the court has already adjudicated my financial eligibility and found that I qualify for appointment of counsel. The nature of the sanction sought—punitive, forwardlooking, and aimed at restraining a core First Amendment and statutory right of petition—renders this proceeding either criminal or quasi-criminal in nature. As such, I am entitled to the full procedural safeguards applicable to criminal contempt, including court-appointed counsel and meaningful opportunity to be heard. The July 28 Order does not identify any statutory, regulatory, or rules-based authority under which this show cause proceeding has been initiated. In the absence of such authority, and given the sanctions threatened, I respectfully assert that further proceedings must be held in abeyance until threshold due process requirements have been met. Finally, I must note that I am unable to file through the Clerk of Court due to ongoing restrictions on my PACER account. Accordingly, further communication by email is necessary to ensure my continued participation in these proceedings. Because your Order sets a fourteen-day deadline for response, I request that the following be provided without delay: 1. Formal appointment of counsel; 2. Identification of all individuals who submitted, supported, or reviewed the allegations at issue; 3. Production of all documentation, records, or evidence relied upon in asserting that I presented “no evidence whatsoever” in my underlying complaint. Without these materials and procedural protections, the proceeding lacks the constitutional guarantees required where liberty or punitive restrictions on rights are at stake.
Exhibit: 501U
Pages: 2
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