* * * The Cozy Relationship Between Judges And Insurance Companies * * *
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Los Angeles, California March 21, 2006
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______________________________________________________The Cozy Relationship Between Judges And Insurance CompaniesIt has been long been know that judges hold a cozy relationship one to another as the below article by the huge insurance companies below admit, to wit, "In its written statement NAMIC explained that 'Amendment E' would amend the South Dakota constitution to allow for citizens to 'try' judges ... who sit on public policymaking boards..."It is clear from the above statement that these insurances companies do not want to see judges tried by a jury for unlawful acts, or for violations of the Constitution, even if the judge's did it willfully.They further argue that "A civilian jury would be empowered to impose a sentence after the 'trial.' A sentence could result in judges being relieved of their duties and being forced to forfeit their pensions..." Is it not customary that defendants are sentenced after the finding of guilt following a trial? But while they impliedly concede that punishment is appropriate for all other criminals other than judges, they contend that is should not be heard that a criminal judge convicted of a crime should be punished. Their position has to be that while everyone must be afforded equal protections under the law, (Fourteenth Amendment, U.S. Constitution), to wit, "No state shall ... deny to any person within its jurisdiction the equal protections of the law, judges are "more equal" than everyone else, and therefore judges should not be punished from crimes they commit.Oh, yes, and is it not a definite conflict of interest for judges to sit on policy-making boards of insurance companies as insurance claims of those companies are certain to come before these as judges? Even more basic is the question, why are judges setting policies in a state regulated business, to wit, "Given that property/casualty insurance is state regulated and that state tort law is critical to the way our businesses are run...?" Is not state regulated insurances businesses the subject of a legislature, and not judges? Are these judges to set policies and then sit in judgment over those same policies?What's more interesting is that these insurance companies are openly admitting that they are hate seeing the People having the right to an initiative process at all. They say, "... stopping the South Dakota effort is an essential step in discouraging similar initiatives in other states that permit citizens to amend their constitutions by direct election." They want to overthrow the rights of the voters of South Dakota, namely the constitutional provision of Article VI, Sec. 26 in appropriate part, "All political power is inherent in the People, and all free governments is founded on their authority, and is instituted for their equal protection and benefit, and they have the right in lawful and constituted methods to alter or reform their forms of government in such manner as they may think proper." Of course, by these insurance companies seeking for the overthrow of lawfully constituted government in South Dakota, they also seek the overthrow of all lawfully constituted government in this country, "That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed..." Declaration of Independence.Instead of concentrating on the rights of the People, they boast that they are the rich and well connected, "... NAMIC is a full-service national trade association with more than 1,400 member companies that underwrite 43 percent ($196 billion) of the property/casualty insurance premium in the United States." They are located in Washington, D.C., and give as their Washington, DC. phone number, (202) 628-1558. This information is documented at http://www.namic.org/insbriefs/060316JAIL.pdf%20.If the South Dakota legislature and media are consistent about their claim that Amendment E is being heavily influenced by California, they will surely strenuously object to be influenced by $196 billion from Washington, D.C. Yes, we shall certainly watch for this strenuous objection by the South Dakota legislature and their media. God forbid that the South Dakota voters discover them to be proven hypocrites.The bottom line. The entire future of this country lies in great part on what happens in South Dakota on November 7 this year. Is the future of this country to be ruled by the rich and powerful, or by the People? If you oppose the option of the rich and powerful, your only choice is to support Amendment E in South Dakota. And do not forget that the judges and the insurance companies enjoy a cozy relationship in bed together.~ ~ ~
National Insurer Group Opposes S.D. Judicial Ballot Initiative
In its written statement NAMIC explained that "Amendment E" would amend the South Dakota constitution to allow for citizens to "try" judges and others who sit on public policymaking boards in the aftermath of unpopular decisions. A civilian jury would be empowered to impose a sentence after the "trial." A sentence could result in judges being relieved of their duties and being forced to forfeit their pensionsand civil and criminal liability placed upon such persons as school board members, parole board members, and similar public bodies.
NAMIC Senior Vice President Roger H. Schmelzer said NAMIC will be an active participant in the "No on Amendment E" grassroots coalition.
"If successful, this initiative would seriously undermine not only South Dakota's state judicial system, but also any citizen board with public decision making power," Schmelzer said. "Given that property/casualty insurance is state regulated and that state tort law is critical to the way our businesses are run, we are obliged to resist vigorously any attempt to introduce unpredictability to state legal systems."
Schmelzer added that stopping the South Dakota effort is an essential step in discouraging similar initiatives in other states that permit citizens to amend their constitutions by direct election.
"We encourage our more than 1,400 member companies to consider their own involvement and financial support in helping to defeat the South Dakota ballot initiative because of the impact such a result will have nationally," Schmelzer said.
Amendment E was certified by the South Dakota Secretary of State in the fall of 2005 after Ronald Branson, a California minister, succeeded in getting 46,800 South Dakotans to sign petitions for his Judicial Accountability Initiative Law (J.A.I.L.).
In February, 92 of 105 lawmakers co-sponsored and passed House Resolution 1004, which urges South Dakota residents to reject the J.A.I.L. amendment on election day.
The "No on Amendment E" coalition is a nonpartisan effort of the state's top political, business, labor, law enforcement, medical and agricultural leaders.
"These unprecedented actions, both by the members of the legislature and other South Dakota entities, are emblematic of the serious opposition to Amendment E becoming part of the state's constitution," Schmelzer said.
NAMIC has produced an Issue Brief on the J.A.I.L. ballot initiative that includes more specifics about Amendment E, its organizers and how the initiative came to be on the South Dakota ballot. The Issue Brief can be read on NAMIC's website, NAMIC Online at http://www.namic.org/insbriefs/060316JAIL.pdf .
Source: National Association of Mutual Insurance Companies
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