338"What If" J.A.I.L. Didn't Work?
- Mar 24, 2001WHAT IF J.A.I.L. DIDN'T WORK?(Response to Vice-Chairman of Nevada J.A.I.L.)Dear Chuck:I must say, your inquiry below is quite unique. No one has ever asked such a question regarding the JAIL Initiative, so here is my comment, realizing others may have differing opinions. This is a "what if" question. What if the majority of the voters of Nevada passed JAIL and it became an amendment to the Nevada Constitution, and the Legislature failed, or refused to establish a SGJ seat as mandated by the Constitution within 90 days after passage, and thus forfeited their pay?This is like "What if" the citizens of Nevada voted to recall all the Legislators of Nevada and opened the polls for a special election to elect a new slate of Legislators, and none of them would leave? My answer to both of these questions would be the same. Surely the people would rise up to physically foist these men from their seats. If the established will of the people has no meaning, then game is over! Why pretend there is law or a will of the people anymore?Paragraph (u) of the initiative sets forth, "Enforcement. No person exercising strict enforcement of the findings of a Special Grand Jury shall be held liable civilly, criminally, or in contempt." This, of course, applies to sheriffs or any other law enforcement failing or refusing to do their duty in physically removing a judge from his office, or payroll department failing or refusing to withhold half of the judge's benefits upon removal, any citizen may carry out strict enforcement of the findings of the Special Grand Jury.Common sense tells me that if the Legislature failed and refused to even allow the SGJ to be seated, the citizens would be at liberty to take whatever measures necessary to restrain the State Payroll Department (whatever that be) from cutting checks to these violators of the Nevada Constitution. I would think that if this did not evolve into a physical act, an instant recall of these lawbreakers would be in order, as posed in the second question, even if it be a recall of the entire government of Nevada, (the State Attorney General for failing to enforce the provisions of the State Constitution as the "Chief law enforcement officer of the State of Nevada.")Nevertheless, the prospects of such a "what if" should not deter us from forging onward with passing JAIL and let the chips fall where they may. I might add, the judiciary of the State of Nevada would be forbidden by the terms of the Constitutional Amendment itself from sitting in judgment on this matter as it deals with their conflict of interest of themselves even getting involved. Any judge presuming to involve himself with this matter would fall under the exclusion of paragraph (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 ..."JAIL is the last resort. If JAIL doesn't work, then nothing else will, and the conclusion is obvious. Need I explain further?"But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security." Declaration of Independence, 1776.I would invite any others to comment, if they so wish, on this "What if."-Ron Branson------ Original Message -----From: gspchuck@...Subject: Nevada Jail
(f) Establishment of Special Grand Jury Seat.Within ninety days following the ratification of this Amendment, the Legislature shall provide a seat for the Special Grand Jury. Such seat shall be reasonably placed proportionately according to population, but shall not be located within a mile of any judicial body. 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.
This ought to be interesting... I must ask Ron: How will we enforce the last sentence of this clause?
In fact, honestly I could see the State completely ignoring or attempting complete bypass of our successful implementation. (assuming we get past the Sequoia Pacific pre-programmed outcome rig in Clark County). I wonder how we will back up our "demands". I wonder if we have a population with enough testicular fortitude... What an interesting scenario j4j will motivate. :>DChuck Geshlider,Vice-Chaiman of Nevada JAIL