*** Official Criticism of JAIL
- Looking Back On JAIL HistoryAs 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.This was 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!-Ronald BransonOFFICIAL 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 ridiculous.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.
Imagine what else can be uncovered under a more exacting review."From [name withheld upon request], California Courts of Appeal.
REBUTTALDear [Name withheld upon request]: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.You 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 answers."The 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.[Name 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 point!Then you 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
legislature, namely the Penal Code, (see paragraph (r)). The judge receives all the Constitutional processes due by a jury before liability is imposed.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 unaccountable?You 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 judges?
"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."And I 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 of you.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.Thanks for writing. Your comments are welcome after your "more exacting review."-Ron Branson**********************************************
The germ of destruction of our nation is in the power
of the judiciary... -- Thomas Jefferson (1821)The Judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric.
-- Thomas Jefferson (1820)
A real diamond will withstand the test of whether it is a real diamond! -Ronald Branson"Nothing is easier to defend than truth, yet nothing is more
difficult to propagate!" - Bastiatlaw@..."...that which is right will become popular, and that which
is wrong, ...will soon lose the power of delusion, and sink
into disesteem." Thomas PaineJ.A.I.L. (Judicial Accountability Initiative Law)
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