*** Beware of The Phrase: "Independence of the Judiciary" ***
- J.A.I.L. News Journal
Los Angeles, California November 14, 2005
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______________________________________________________Beware of The Phrase:"Independence of the Judiciary"JUDGES ARE NOT ABOVE THE LAWBy Barbie, ACIC National J.A.I.L. AdministrationThe People must beware of the phrase, which will be touted more and more frequently by our opponents, "Independence of the Judiciary" and its derivatives, such as "judicial independence," "independent judiciary," "judges should remain independent" and others. The word "independence," when connected to the judiciary in the current system, means arbitrary; and should raise a red flag of caution every time you hear it or read about it. It means the judiciary wants to be left alone and remain unaccountable to the People.The term "independence" as it applies to the three branches of government is always to be viewed as a sword, and not as a shield; i.e., each branch is not dependent upon the other two for its actions. Example: the executive (prosecutor) may prosecute any member of the judiciary [executive sword]; the legislature may impeach any member of the judiciary [legislative sword]; the judiciary may hold any member of the executive or the legislature in contempt of court [judicial sword]. No branch of government has a shield of "independence" from the other two; and certainly has no independence from the People --including the judiciary."Independence" as it applies to the People is inherent in the People; i.e., they don't need the permission of government, including the judiciary, to be independent. The independence of the People is manifest through juries-- grand and petit. The statement by Mr. Riter of the South Dakota Bar Association (SDBA), to wit: if an effort like that [J.A.I.L.] was successful it would likely destroy the current independent nature of our judiciary is a misrepresentation, since there does not exist an "independent nature of [the] judiciary" as it relates to the People-- only as it relates to the other two branches of government. Mr. Riter interprets "independence of the judiciary" as if it were a shield, but "independence" is never a shield in any instance. The judiciary, contrary to the suggestion by Riter, was not established to operate inside a bubble.Bob Riter, President of the SDBA, opens his President's Page with Judicial independence is the touchstone of our legal system. http://188.8.131.52/officers/prespage.htm. The term "judicial independence" relating to our current legal system as it operates de facto (outside the law), is certainly true. However, that "touchstone" conflicts with the touchstone of due process which, the U.S. Supreme Court has ruled repeatedly, is "protection of the individual against arbitrary [i.e., independent] action of government." [Emphasis added] [See Daniels v. Williams (1986) 474 U.S. 327, 331].As characteristic of what passes off as our "government" generally, the current legal system --and more precisely the judicial system-- has, by abuses and usurpation of power, developed into an out-of-control tyrannical force that continually harasses and abuses the People. And within the current legal system, there is no recourse available in practice for the People to use when their rights are abused. Until recourse for the People becomes a reality through J.A.I.L., the judiciary will remain unaccountable and free to do whatever they please (i.e., act arbitrarily)-- that is what is meant by "judicial independence" in the current system! Mr. Riter wants the People to leave the judiciary alone and preserve the status quo of judicial tyranny so that it can continue its unbridled power of oppression against them. (Is that insulting the intelligence of the People, or what?)As we have seen by the diatribe of Tom Barnett, writing and speaking on behalf of the South Dakota Bar Association, the SDBA has already insulted the intelligence of South Dakotans. Mr. Barnett has now passed the baton to his colleague, Bob Riter of the SDBA who is continuing the race to hoodwink the South Dakotans with statements including, for instance:
Again the SDBA, this time through Mr. Riter, insults the intelligence of the South Dakotans by trying to convince them in effect that:
- Society's well-being is dependent upon an independent judiciary standing ready to resolve disputes and interpret law;
- Its (J.A.I.L.'s) effect is to allow those who are disappointed with a judicial result to challenge the Court outside of our existing legal processes;
- It is the best system ever designed to peaceably and thoroughly resolve issues.
Mr. Riter is asking all lawyers join him in his endeavor to further insult the intelligence of the people of South Dakota. We suggest that all lawyers, and anyone else joining in the "judicial independence" propaganda, understand that:
- "Judicial independence" is really for their good;
- They don't need a judiciary that is accountable to the People under law;
- It is not their responsibility to act to assure that their rights are protected by government;
- South Dakotans are not to alter or reform their judiciary by passing a measure that would hold judges accountable to themselves under constitutional standards, even though the South Dakota Constitution recognizes that as their right to do. (Art.VI, §26);
- In actuality, judges are above the law and should remain that way!
To try to convince South Dakotans otherwise is foolhardy, and will further erode the integrity of lawyers, as if it could be further debased from the rock-bottom level it now holds.Remember: "Judicial Independence" is NOT what you are led to believe it is by the Legal Industry Cartel led by the Bar Association.Judges are not above the law!-Barbie-
- 46,800 South Dakotans realize that South Dakota judges do abuse their authority and make unlawful and corrupt rulings.
- 46,800 South Dakotans realize that South Dakota judges should not have unconditional immunity from liability for unlawful and corrupt rulings.
- 46,800 South Dakotans realize that South Dakota judges must be held accountable to the People under the state and federal Constitutions and laws made in pursuance thereof.
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