*** More on the Insurance Industry Opposition to Amendment E ***
- J.A.I.L. News Journal
Los Angeles, California March 24, 2006 ______________________________________________________The Inherent Right of ALL People to Alter or Reform Abusive Government.The Right Upon Which All Other Rights Depend
More on the Insurance Industry Opposition to Amendment EAsk yourselves:Who stands to be hurt if Amendment E is not passed?The insurance industry? or the People?The choice is clear!
JUDGES IN INSURERS' POCKETS?Thursday, March 23, 2006 - FreeMarketNews.com
A new movement for citizen participation in the legal system is drawing fire from both judges and insurance companies. According to a posting and analysis by the judicial activist group J.A.I.L., a South Dakota referendum issue, the Judicial Accountability Initiative Law, also known as "Amendment E," has received strong opposition from the National Association of Mutual Insurance Companies (NAMIC).
A statement from NAMIC states clearly their opposition to a procedure that would amend the South Dakota Constitution "to allow for citizens to 'try' judges ... who sit on public policymaking boards." As J.A.I.L. notes, the insurers object to the idea 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."
This would seem to perpetuate a double standard for judges, the posting notes, and asks, "Is it not customary that defendants are sentenced after the finding of guilt following a trial?" - ST
staff reports - Free-Market News Network
This FMNN news commentary is based on the NAMIC article covered in our JNJ dated March 21st "The Cozy Relationship Between Judges and Insurance Companies." As with our other opponents to Amendment E, particularly the S.D. Bar Association and the Legislature, the insurance industry (NAMIC) has now joined in spreading propaganda and misleading information about the South Dakota J.A.I.L. Initiative. Although we have written numerous responses to previous articles of propaganda, and to the false and fraudulent material contained in the resolution "HCR1004," subsequent articles such as that posted by NAMIC repeat the same false information.We remind our readers and the South Dakota voters of the following:The J.A.I.L. process reviews only alleged procedural violations by judges, i.e., officials authorized to make final rulings on constitutional questions. That would EXCLUDE "public policymaking boards," "school board members, parole board members, and similar public bodies." I repeat what was stated in our JNJ 3/22 "Not WHO, But WHAT" -[I]t would necessarily be limited only to those having authority to finally rule on constitutional procedural issues as set forth in ¶2 of the Amendment. That limitation would eliminate administrative agencies, such as "boards" and "councils" etc. since they do not have such final authority. In order to qualify for J.A.I.L. scrutiny, a litigant would have to first exhaust all judicial remedies which are presided over by judges having authority to finally rule on administrative proceedings involving constitutional questions. "Boards" and "councils" are not part of the judicial remedy required under J.A.I.L.It'll be up to the People to decide whether they(a) want to change their form of government, pursuant to Article VI §26 of the South Dakota Constitution, to provide for a judiciary that protects the individual from arbitrary action of government, or(b) are willing to continue the status quo where the judiciary is NOT accountable to the People nor to the law for their actions in depriving the individual of fair and lawful procedures for redress of grievances.Ask yourselves, "Who stands to be hurt if Amendment E is not passed?" Would it be the Bar Association and lawyers? Would it be the Legislature? Would it be the insurance companies and agencies?No! IT WOULD BE THE VOTERS OF SOUTH DAKOTA WHO WOULD BE HURT.People, the choice is clear:Vote YES on Amendment E for your future and your own good!-Barbie
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