Tuesday, June 8, 2010

J.A.I.L for Judges. Judicial Accountability Initiative Law

The Judicial Accountability Initiative Law, J.A.I.L., is a single-issue national grassroots organization designed to end the rampant and pervasive judicial corruption in the legal system of the United States. J.A.I.L. recognizes this can be achieved only through making the Judicial Branch of government answerable and accountable to an entity other than itself. At this time it isn't, resulting in the judiciary's arbitrary abuse of the doctrine of judicial immunity, leaving the People without recourse when their inherent rights are violated by judges.

"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."
~ Lord Acton, in a letter to Bishop Mandell Creighton, 1887.
The Chicago Office of Professional Standards is an example of what happens when a government entity is answerable only to itself. This agency, which is responsible for disciplining police officers was not effective when the head of its office reported to the police superintendent. So this was changed. The office head now reports to the mayor and the agency has been given new subpoena powers. The current system of disciplining judges, a system that is also answerable only to itself, is in a similar state of ineffectiveness.

Soon after the founding of our Republic the Founding Fathers realized there was insufficient check on the Judicial Branch of government:

"The constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please. It should be remembered, as an axiom of eternal truth in politics, that whatever power in any government is independent, is absolute also; in theory only, at first, while the spirit of the people is up, but in practice, as fast as that relaxes. Independence can be trusted nowhere but with the people in mass. They are inherently independent of all but moral law."
~ Thomas Jefferson, letter to Judge Spencer Roane, September 6, 1819. "The Writings of Thomas Jefferson," edited by Andrew A. Lipscomb, vol. 15, p. 213 (1904).

In a government by the People and for the People, it is to the People that accountability must be enforced. With the passage of J.A.I.L. accountability to the People in mass will be achieved by independent Special Grand Juries dedicated to this purpose. These People, who are not officers of any other branch of government or members of the Bar, will be publicly drawn by lottery for limited terms. Complaints will come before them only after every other legal remedy has been attempted. They shall have the power to strip those judges of their protection of judicial immunity who are the subject of complaints for criminal acts, and to investigate, indict, and initiate criminal prosecution of wayward judges. This system of special grand juries will be an irrevocable return to an era before 1960 when grand juries did have this authority.

The granting of such power to these Special Grand Juries can only be accomplished through amendment to the Constitutions of each state. Since there is a need for these juries on the federal level there is also a provision for a federal J.A.I.L. Bill. Since there are powerful vested interests in the status quo, and because it is human nature for men always to seek more power and against it to surrender any of it, passage of more than ineffectual cosmetic reform will require the initiative process.

J.A.I.L. is intended to prevent the following acts of judicial malfeasance:

Any deliberate violation of law
Fraud or conspiracy
Intentional violation of due process of law
Deliberate disregard of material facts
Judicial acts without jurisdiction
Blocking of a lawful conclusion of a case
Any deliberate violation of the state or federal Constitutions
Once passed, the unconstitutional doctrine of Judicial Immunity applied unconditionally will no longer shield a judge guilty of any such misconduct.
Some examples of the above misconduct J.A.I.L. addresses are ignored laws, ignored evidence, eminent domain abuse, confiscation of property without due process, probate fraud, secret dockets, falsifications of court records, misapplication of law, and other abuses. When passed decisions in family court will be governed by law rather than the vested interests of the state. The unconstitutional doctrine of Judicial Immunity applied unconditionally will be eliminated by instituting a fair and effective means for its removal in cases that merit it.

The need for the passage of J.A.I.L. is urgent. Lives and finances are being ruined, properties are being lost, innocent people are going to jail, and families are being torn apart and destroyed.

Attorney Richard Fine has been in jail since March 4, 2009 because of his discovery of illegal payoffs by the Los Angeles Board of Supervisors to Los Angeles County Superior Court Judges as annual salary bonuses. These payoffs began in the late 1980's. Because of Richard Fine a hurried attempt to make these payments retroactively legal was made with the passage of California Senate Bill SBx2-11. Had J.A.I.L. been in effect since the beginning of this payoff scandal, those affected by decisions tainted by these payoffs would have had a Special Grand Jury of twenty-five independent citizens. who represent the people in mass, to present their case before after all appeals for justice had been exhausted. What is more, a criminal affidavit satisfying the Fourth Amendment, could be written up against all L. A. County judges and presented to the prosecutor, giving him 120 days to begin prosecution. Upon failure to do so, this affidavit could then be presented to this Special Grand Jury for an indictment of all L. A. County Judges, and a prosecution begun by the Special Prosecutor provided for within the measure. Upon conviction, a trial jury, not a judge, would determine the criminal sentencing for each and every judge convicted. The passage of J.A.I.L. will provide a positive means of justice for Richard Fine and for every other judicial victim for past and present judicial transgressions. It will make impossible the corruptive influences purchased by Los Angeles Board of Supervisors from the L. A. County Superior Court judges.

"He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries."
~Thomas Jefferson, "The Declaration of Independence."
Dr. Les Sachs, a writer, journalist, and published expert on American corruption now living abroad, wrote in his article Portrait of America's Legal System:
"The reality is that the United States of America, which proclaims itself the 'land of freedom,' has the most dishonest, dangerous and crooked legal system of any developed nation. Legal corruption is covering America like a blanket."
As time passes these problems will only grow worse manifesting all the more the need for the passage of J.A.I.L.

"JAIL4Judges is the best hope of a practical program for restoring justice in the USA."
~Dr. Les Sachs.
With passage of J.A.I.L., the People will finally be assured of receiving Due Process of Law in all court proceedings which will include the requirement that judges:
Address all facts presented by the complaining party according to the evidence shown on the record;
Consider opposing facts and evidence as against, and relating to, that of the complaining or moving party (not just arbitrarily superseding plaintiff's facts and evidence);
Apply the appropriate law to the facts determined to be relevant and material to the case according to the evidence of record (considering all evidence of both sides without partiality or bias);
Submit written findings of fact and conclusions of law in all actions and proceedings-- including a written explanation for motion dispositions-- to legally support the judicial decision reached;
Bring the case to a lawful conclusion in a timely fashion as specified by law.
There will be no more arbitrary decision-making by judges.

This Due Process of Law will provide the People Redress of Grievances against their government in an open, honest and complete manner without any appearance of impropriety. The People's unalienable rights to Life, Liberty, and The Pursuit of Happiness, which include but are not limited to:
The Right to acquire, possess, and protect personal and real property;
The Right to be secure from intrusion; and
The Right to privacy
will no longer be "alienated" by government.

The Bill of Rights will be enforced for each individual, providing "Liberty and Justice for All."
The J.A.I.L. initiatives have been customized for each state and can be viewed at the web pages for the individual states and for Washington DC for the federal version.

J.A.I.L. is the People, providing the means by which they can carry out their right and duty to restore the rightful station of government by holding the judiciary, as the intended guardian of their rights against arbitrary power, accountable to the People under constitutional law.
To those who have an ear to hear, let them hear:
J.A.I.L. is - the Common Denominator of all Organizations
J.A.I.L. is - the Unifier and the Cause of all Causes
J.A.I.L. is - the One size fits All
J.A.I.L. is - the Redress and the Enforcement
J.A.I.L. is - the Heart of all Accountability
J.A.I.L. is - the Missing Ingredient of our Constitution.

2 comments:

Ron Branson said...

I wish to praise the host of this website for providing the wealth of information on this site, which information shall stand the test of time. It shall never become moot or irrelivant until the Lord comes, and those worthy enter eternity!

Ron Branson

Ron Branson said...

I wish to praise the host of this website for providing the wealth of information on this site, which information shall stand the test of time. It shall never become moot or irrelivant until the Lord comes, and those worthy enter eternity!

Ron Branson