As I was
cleaning up past JAIL files, I came across a number of jewels that would deserve
resending due to the enormous growth of JAIL in the last six months. Below is
one of those jewels from the California Courts of Appeal. The actual name has
been subdued in that I was politely asked by him to "call off my attack dogs."
The entire country couldn't wait to jump on their keyboards to address him. He
first tried threatening me for all the letters he received, but then his
attitude changed and he cried "Uncle," and politely asked me to do whatever
I could to stop the inflow.
at a time when JAIL had only one state -- California. We now are twenty-six
states strong, and have a much greater following, recognition
and credibility. As one candidate now running for a State Supreme
Court states -- JAIL presents an achievable goal. And it is that "achievable
goal" that JAIL will obtain!
OFFICIAL CRITICISM OF
JAIL4JUDGES - 11/4/99
"Out of curiosity, I went to
your homepage and glanced at this J.A.I.L. initiative. I don't know what
kind of dream world are you living in? You propose to subject judges to
criminal liability based upon a legal decision?? It's simply
In many areas, there are
simply no clear cut right or wrong answers. If you have as much experience
as you claim to have, you would know that. How could you justify criminal
and civil liability under these circumstances. Do you think many people would
want to be judges, if this law was in place?? What about the provision
allowing non-attorneys to sit in judgment of judges?? You need at least some
legal training to determine whether a legal error occurred. And I spotted
these issues by just glancing at your initiative.
what else can be uncovered under a more exacting review."
From [name withheld upon
request], California Courts of Appeal.
Dear [Name withheld upon
It is with great delight that
I take this opportunity to respond to your concern. First, let me state that I
am the author of this initiative. While I am not an attorney (thank God), never
a day has passed in seventeen years that I have not had a matter pending in some
court at some level. I am very well versed in law, a public speaker, and
respected by many practicing attorneys.
As is common with the courts
in which I have been involved, you totally misrepresent the facts before you,
then based on those false facts you draw your false conclusions. You are an
ideal example of why we need JAIL4Judges.
accuse J.A.I.L. of "...propos[ing] to subject judges
to criminal liability based upon a legal decision?? It's simply
ridiculous. In many areas, there are simply no clear cut right or wrong
initiative, which you claim to have read, states in paragraph (c) in its
beginning right after "definitions": "...Preserving the purpose of protecting
judges from frivolous and harassing actions, no immunity shielding a judge shall
be construed to extend to 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, or any deliberate violation of the Constitutions of California or the
United States." You could not have missed it.
withheld], how do you get, "...propose to
subject judges to criminal liability based upon a legal decision" out of that? As author of this initiative, I couldn't make it
clearer that this initiative has nothing to do with "right or wrong answers." In my public speeches I state that even after
J.A.I.L. passes, judges may freely exercise discretion. Judges may make bad
decisions, wrong decisions, and even decisions violative of clear
law. What they cannot do,
however, is WILLFULLY violate the law or the Constitution! [Name
withheld], how could you, in good faith, be critical of that? Or is it that
you don't want to see it for what it is?
If you are going to criticize
J.A.I.L., then I want to hear why you believe that judges should be able to
WILLFULLY violate the law or the Constitution, to commit fraud or conspiracy, or
INTENTIONALLY violate due process of law, or DELIBERATELY disregard material
facts, or block a lawful conclusion of a case. Let's keep on
say, "How could you justify criminal and civil
liability under these circumstances." The problem
with your question is, your phrase, "these circumstances"
is false and misrepresents J.A.I.L. The initiative justifies civil
liability for the specific willful misconduct afore-described, and criminal
liability based upon existing criminal statutes passed by the
namely the Penal Code, (see paragraph (r)). The judge receives all the
Constitutional processes due by a jury before liability is
Do you disagree with those
procedures, [name withheld]? Or is that not the way you want to see it?
Or do you believe that judges are above the law and should remain
state, "Do you think many people would want to be
judges, if this law was in place??" The answer is
YES! Right now the cost of running for judgeship in California is
approximately $70,000. Many who are honest and desiring a bench position are
barred financially from running against the wealthy and well connected. After
J.A.I.L., this cost will diminish tremendously, the corrupt judges will
leave like rats on a sinking ship, and only those who are honest will want their
seats. Do you have a problem with that, [name withheld]? Or does that
sound too much like a statewide recall of all corrupt
"What about the
provision allowing non-attorneys to sit in judgment of judges?? You need at
least some legal training to determine whether a legal error
occurred." Again, we are not talking about
"legal error," the false
premise that you make.
spotted these issues by just glancing at your initiative. Imagine what else can
be uncovered under a more exacting review." As I said
above, you, as do the courts, cannot or will not see the truth that's in front
You are a prime example of
why we need JAIL4Judges. J.A.I.L. is here to stay. Live with it! J.A.I.L. will
one day oversee the entire California judiciary and overtake the nation.
Congress itself will not be able to ignore J.A.I.L. We shall then conquer the
federal judicial system with Federal Judicial Accountability.
for writing. Your comments are welcome after your "more exacting review."