As a concerned citizen, not of
Florida, but of another state, whose interests your actions, or lack thereof,
will affect, I am emphatically urging you to convene an emergency session of
your legislature to respond to the attack on the executive branch by the
judicial branch of your state government. Your supreme court justices have
demonstrated corruption and gross malfeasance in office by their decision to
estop the secretary of state from carrying out her lawful duty to certify the
election as REQUIRED BY LAW - law the legislature has enacted. Your duty, not
just to your state, but to the nation, is to impeach those corrupt justices
and remove them from office, and to request the secretary of state to carry out
her duties. I urge you to take these actions immediately in order to put a
halt to the destruction of the rule of law in your fair state.
strongly urge you to consider adopting the Judicial Accountability Initiative
Law, a copy of which is enclosed at the end of this message.
The rest of
us are counting on you. Thank you.
Judicial Accountability Initiative Law
(As amended 6/5/00)
(a) Preamble. We, the People of Florida, find that
the doctrine of judicial immunity has been greatly abused; and when judges
abuse their power, the people are obliged - it is their duty - to correct
that injury, for the benefit of themselves and their posterity. In order to
ensure judicial accountability and domestic tranquility, we hereby
amend Article I of our Constitution with these provisions, which shall be
known as "The Judicial Accountability Amendment."
(b) Definitions. For
purposes of this amendment:
The term "blocking" shall mean any act that impedes the lawful conclusion of
a case, to include unreasonable delay
and willful rendering of a void
judgment or order.
2. The term
"judge" shall mean justice, judge, magistrate, commissioner, judge pro tem,
private judge, judicial mediator,
arbitrator and referee, and every person shielded by judicial
3. The term "Juror"
shall mean a Special Grand
4. The term "seat"
shall mean a situs and facility that is suitable for usage by the
5. The term "strike"
shall mean an adverse immunity decision.
Where appropriate, the singular
shall include the plural.
(c) Immunity. Notwithstanding common law or any
other provision to the contrary, no immunities shall be extended to any
judge of this State except as is specifically set forth in this Amendment.
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 Florida or the United
(d) Special Grand Juries. There are hereby created within this
State two twenty-five member Special Grand Juries with statewide
jurisdiction having power to judge both law and fact. This body shall exist
independent of statutes governing county Grand Juries. Their responsibility
shall be limited to determining, on an objective standard, whether a civil
suit against a judge would be frivolous and harassing, or fall within the
exclusions of immunity as set forth herein, and whether there is probable
cause of criminal conduct by the judge complained of.
Counsel. Each Special Grand Jury shall have exclusive power to retain
non-governmental advisors, special prosecutors, and investigators, as needed,
who shall serve no longer than one year, after which term said officers
shall be ineligible. Notwithstanding the one year, a special prosecutor may
be retained to prosecute current cases in which they are involved through all
appeals and any complaints for judicial misconduct.
of Special Grand Jury Seats. Within ninety days following the ratification of
this Amendment, the Legislature shall provide a seat for each Special Grand
Jury. No seat shall be located within a mile of any judicial body, and
each seat shall be reasonably placed proportionately according to population
throughout the State. Should the Legislature fail to so act within ninety
days, its members shall permanently forfeit their salaries and per
diem pay, beginning on the ninety-first day, until such time that it abides
by the terms of this (f) section.
(g) Annual Funding. The Legislature
shall cause to be deducted two and nine-tenths percent from the gross
judicial salaries of all judges, which amount shall be deposited regularly
into the exclusive trust account created by this Amendment in paragraph
(k) for its operational expenses, together with filing fees under paragraph
(h), surcharges under paragraph (i), forfeited benefits of disciplined judges
under paragraph (q), and fines imposed under paragraph (r).
Filing Fees. Attorneys filing a civil complaint or answer before the
Special Grand Jury in behalf of their client, shall at the time of filing,
pay a fee equal to the filing fee due in a civil appeal to the State Supreme
Court. Individuals filing a civil complaint or answer before the Special
Grand Jury in their own behalf as a matter of right, shall, at the time of
filing, post a fee of fifty dollars, or file a declaration, which
shall remain confidential, stating they are impoverished and unable to pay
and/or object to such fee.
(i) Surcharges. Should this Amendment lack
sufficient funding through its fines, fees, and forfeitures
(including deductions in paragraph (g)), the Legislature shall impose
appropriate surcharges upon the civil court filing fees of corporate
litigants as necessary to make this Amendment self-supporting.
Compensation of Jurors. Each Juror shall receive a salary commensurate to
a Superior Court judge prorated according to the number of days actually
(k) Annual Budget. The Special Grand Juries shall have an annual
operational budget commensurate to double the combined salaries of the
fifty Jurors serving full time, which sum shall be initially deposited by the
Legislature into an exclusive trust account to be annually administered by
the State Controller. Should the trust balance, within any budget year,
drop to less than an amount equivalent to the annual gross salaries of thirty
Superior Court judges, the State Controller shall so notify the Legislature
which shall replenish the account, prorated based on the actual average
expenditures during the budget year. Should the trust balance in
any subsequent year exceed the annual operational budget at the beginning
of a new budget year, the State Controller shall return such excess to the
(l) Jurisdiction. Each Special Grand Jury shall have
exclusive power to establish rules assuring their attendance, to provide
internal discipline, and to remove any of its members on grounds
of misconduct. The Special Grand Jury shall immediately assign a docket
number to each complaint brought before it, unless such case is transferred
to another Special Grand Jury to achieve caseload balance. A transfer shall
not prejudice a docketing deadline. The Special Grand Jury first docketing
a complaint shall have sole jurisdiction of the case. Except as provided in
paragraphs (s) and (w), no complaint of misconduct shall be considered by any
Special Grand Jury unless the complainant shall have first attempted to
exhaust all judicial remedies available in this State within the immediately
preceding six-month period. (Such six-month period, however, shall not
commence in complaints of prior fraud or blocking of a lawful conclusion
until after the date the Special Grand Juries become functional.
This provision applies remedially and retroactively.) Should the
complainant opt to proceed to the United States Supreme Court, such six-month
period shall commence upon the disposition by that court.
Qualifications of Jurors. A Juror shall have attained to the age of
thirty years, and have been nine years a citizen of the United States, and
have been an inhabitant of Florida for two years immediately prior to having
his/her name drawn. Those not eligible for Special Grand Jury service shall
include elected and appointed officials, members of the State Bar, judges
(active or retired), judicial, prosecutorial and law enforcement personnel,
without other exclusion except previous adjudication of mental incapacity,
imprisonment, or parole from a conviction of a felonious crime against
(n) Selection of Jurors. The Jurors shall serve without
compulsion and shall be drawn by public lot by the Secretary of State from
names on the voters rolls and any citizen submitting his/her name to the
Secretary of State for such drawing.
(o) Service of Jurors. Excluding
the establishment of the initial Special Grand Juries, each Juror shall serve
one year. No Juror shall serve more than once. On the first day of each
month, two persons shall be rotated off each Special Grand Jury and new
Citizens seated, except in January it shall be three. Vacancies shall be
filled on the first of the following month in addition to the Jurors
regularly rotated, and the Juror drawn to fill a vacancy shall complete
only the remainder of the term of the Juror replaced.
The Special Grand Jury shall serve a copy of the filed complaint upon the
subject judge and notice to the complainant of such service. The judge shall
have twenty days to serve and file an answer. The complainant shall have
fifteen days to reply to the judge's answer. (Upon timely request,
the Special Grand Jury may provide for extensions for good cause.) The
Special Grand Jury shall have power to subpoena witnesses, documents, and
other tangible evidence, and to examine witnesses under oath. Each Special
Grand Jury shall determine the causes properly before it with their
reasoned findings in writing within one hundred twenty (120) calendar days,
serving on all parties their decision on whether immunity shall be barred as
a defense to any civil action that may thereafter be pursued against the
judge. A rehearing may be requested of the Special Grand Jury within fifteen
days with service upon the opposition. Fifteen days shall be allowed to reply
thereto. Thereafter, the Special Grand Jury shall render final
determination within thirty days. All allegations of the complaint shall be
liberally construed in favor of the complainant. The Jurors shall keep in
mind, in making their decisions, that they are entrusted by the People of
this State with the duty of restoring a perception of justice and
accountability of the judiciary, and are not to be swayed by artful
presentation by the judge. They shall avoid all influence by judicial and
government entities. The statute of limitations on any civil suit brought
pursuant to this Amendment against a State judge shall not commence until
the rendering of a final decision by the Special Grand Jury. Special Grand
Jury files shall always remain public record following their final
determination. A majority of thirteen shall determine any matter.
Removal. Whenever any judge has received three strikes, the judge shall
be permanently removed from office, and thereafter shall not serve in any
State judicial office, including that of private judge. Judicial retirement
for such removed judge shall not exceed one-half of the benefits to which
such person would have otherwise been entitled. Retirement shall not avert
third strike penalties.
(r) Indictment. Should the Special Grand Jury
also find probable cause of criminal conduct on the part of any
judge against whom a complaint is docketed, it shall have the power to indict
such judge except where double jeopardy attaches. The Special Grand Jury
shall, without voir dire beyond personal relationship, cause to be impaneled
twelve special trial jurors, plus alternates, which trial jurors shall be
instructed that they have power to judge both law and fact. The Special
Grand Jury shall also select a non-governmental special prosecutor and a
judge with no more than four years on the bench from a county other than that
of the defendant judge. The trial jury shall be selected from the same
pool of jury candidates as any regular jury. The special prosecutor shall
thereafter prosecute the cause to a conclusion, having all the powers of any
other prosecutor within this State. Upon conviction, the special trial
jury shall have exclusive power of sentencing (limited to incarceration,
fines and/or community service), which shall be derived by an average of
the sentences of the trial jurors.
(s) Criminal Procedures. In addition
to any other provisions of this Amendment, a complaint for criminal conduct
of a judge may be brought directly to the Special Grand Jury upon all the
following prerequisites: (1) an affidavit of criminal conduct has been
lodged with the appropriate prosecutorial entity within ninety (90) days of
the commission of the alleged conduct; (2) the prosecutor declines to
prosecute, or one hundred twenty (120) days has passed following the
lodging of such affidavit and prosecution has not commenced; (3) an
indictment, if sought, has not been specifically declined on the merits by a
county Grand Jury; and (4) the criminal statute of limitations has not run.
Any criminal conviction (including a plea bargain) under any judicial process
shall constitute a strike.
(t) Public Indemnification. No judge
complained of, or sued civilly by a complainant pursuant to this
Amendment, shall be defended at public expense or by any elected or appointed
public counsel, nor shall any judge be reimbursed from public funds for
any losses sustained under this Amendment.
(u) Enforcement. No person
exercising strict enforcement of the findings of a Special Grand Jury shall
be held liable civilly, criminally, or in contempt.
(v) Redress. The
provisions of this Amendment are in addition to other redress that may exist
and are not mutually exclusive.
(w) Challenges to Amendment. No judge
under the jurisdiction of the Special Grand Jury, or potentially affected
by the outcome of a challenge to this Amendment, shall have any jurisdiction
to sit in judgment of such challenge. Such pretended adjudication shall be
null and void for all purposes and a complaint for such misconduct may be
brought at any time, without charge, before the Special Grand Jury by
class-action, or by any adversely affected person.
Preeminence shall be given to this Amendment in any case of conflicts with
statute, case law, common law, or constitutional provision. The foreperson of
each Special Grand Jury shall read, or cause to be read, this Amendment to
the respective Jurors semi-annually during the first week of business in
January and July. Should any part of this Amendment be
determined unconstitutional, the remainder shall remain in full force and
effect as though no challenge thereto
* * *
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