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Komar
(“Appellants”), representing themselves pro se, move this Court pursuant
to 28 U.S.C. § 2201(a) to declare Arizona Rule of Civil Procedure 5.1
(“ARCP 5.1") unconstitutional, both facially and as applied to Robert M.
Davidson and Vanessa E. Komar. See Count Six and Count Seven of the
Amended Complaint (Document #19) at USCA5 548 and USCA5 549-553,
respectively. See Document #57 at USCA5 1647 for the text of the
relevant portions of ARCP 5.1, which states, in pertinent part,
“If federal courts adopt a per se rule and dismiss all Section
1983 against [attorneys], the most egregious behavior by [an
attorney], even if unquestionably the result of pressures by the
State, will not be cognizable under Section 1983. Under the
doctrine of absolute judicial immunity, judges are subject to
suit only for (1) non-judicial actions, i.e. actions not taken in
the judge’s judicial capacity, or (2) “actions, though judicial in
nature, taken in the complete absence of all jurisdiction”. “The
judge must have jurisdiction over the person and subject matter
if he [she] is to be immune from suit for an act performed in his
[her] judicial capacity.” “A third element is the power of the
Court to render the particular decision which was given.” “The
third element in the concept of jurisdiction as used in the
context of judicial immunity necessitates an inquiry into
whether the defendants’ action is authorized by any set of
conditions or circumstances. This inquiry begins with an
examination of the satute under which the defendant presumed
to act.” “There are actions of purported judicial character that
a judge even when exercising general jurisdiction, is not
empowered to take.” See Briley v. State of California, 564 F.2d
849.”