Support Your Local
The following information is provided by Michigan
JAILer Rose Lear. For purposes of brevity and clarification, some portions may
be redacted and/or edited by comments. Every effort is made to remain true to
Support Your Local Judge
two armed bandit strikes again. Just as they started working second and third
shift back in the 50's and 60's, now the state prisons are going to do the same.
Prison Industries are growing. [It took just
over 200 years in America to acquire the first one-millionth
person placed behind bars, but approximately only 15 years to
double that number. Having passed the two-millionth mark only recently, America
is continuing its expanse at an alarming rate. One of America's
greatest and most prosperous industries today is prison complexes, said to be
just behind that of General Motors which is now laying off. America's
incarceration level per capita far exceeds every communist and fascist
dictatorship around the globe by far. -j4j] We
can expect to see more convictions for petty crimes, misdemeanors and
01/05/06 AP. Idaho - Senator suggests prison "hot
cots." Senate President Pro Tem Robert
Geddes says Idaho could correct prison overcrowding by requiring inmates to sleep in shifts.
so-called "hot cot" proposal would have
two inmates sharing the same bed at different times of the day. Geddes announced the proposal during the
Associated Press Legislative Preview
today. He says inmates could volunteer for the swing-shift life, and they would have a better shot at
scarce prison jobs because the
facilities would be operating around the clock.
will read below doesn't just apply to Idaho and Michigan, it is happening in
every state. I know that here in Michigan, not only do the judges pad their
retirement Funds, but so also do the legislators. Why else would they keep
making everything under the sun against the law?
Michigan Compiled Laws
October 1, 2003, when fines and costs are assessed by a magistrate, a traffic
bureau, or a judge of the district court, not less than $9.00 shall be assessed
as costs and collected for each conviction or civil infraction determination and
each guilty plea or civil infraction admission except for parking violations. Of
the costs assessed and collected, for each conviction or civil infraction
determination and each guilty plea or civil infraction admission, $9.00 shall be
paid to the clerk of the district court.
Beginning October 1, 2003, the clerk shall transmit $9.00 of any costs assessed
before October 1, 2003 to the justice system fund created in section 181 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.181.
Justice system fund; creation; use; disposition; investment;
(1) .... The
money in the fund shall be used as provided in this section. ...
iv) To the
secretary of the legislative retirement system for deposit with the state
treasurer in the retirement fund created in the Michigan legislative
retirement system act, 1957 PA 261, MCL 38.1001 to 38.1080,
1.2% of the fund balance.
(vii) To the
state court fund created in section
151a, 14.3% of the fund balance.
the court equity fund created in section 151b,
25.55% of the fund balance.
Excess court fees transmitted by the state treasurer pursuant to section
217 of the judges' retirement act of 1992, Act No. 234
of the Public Acts of 1992, being section 38.2217 of the Michigan Compiled
April, 2000 Idaho Observer:
Support your local judge -- it's the law
anyone who has been forced to defend himself (family, life, property, business,
children, freedom) from the position of a plaintiff or a defendant in a
contemporary court, judges can be a life form lower than attorneys. Why? Because
judges come to court with the gameboard set up so their actors can lie, cheat,
steal and purchase their way through the justice system.
There is no
question among those who have been in it, the court system, managed and policed
by judges, is a $multibillion litigation racket where justice is only served by
accident. It is of paramount irony that judges, the same ones who have been
presiding all these years and are responsible for the absolute,
money-and-misery-making machine that has become the legal system, are obligated
by law to pad their retirement a little softer with every civil action a citizen
files in his court.
the language that is law concerning judges. Keep in mind that supreme court
judges, as of 1998, make $90,791 per year with an annual 4 percent increase in
pay; district court judges make $85,095 per year with the same 4 percent annual
increase in pay that most of us cannot claim by law.
potential for judges to stack their retirement fund by forcing desperate people
to file useless actions in court is extreme and, considering the nature of some
men to be insatiably greedy, we can imagine that judges and their agents have
learned how to run their court in a manner most likely to produce the maximum of
documents which must be filed for a fee. Add the carrot of modern investment
strategies that have made $billions of (electronic) dollars for pools of
investors, and you have the most illustrative real-life example of the fox
guarding the henhouse that has ever been sanctioned by state
RETIREMENT AND COMPENSATION
JUDGES' RETIREMENT FUND. For the purpose of paying such retirement compensation,
there is hereby created in the office of the treasurer of the state of Idaho a
fund to be known as the Judges' Retirement Fund, which shall consist of all
moneys appropriated from the general fund, and all moneys received from special
fees to be paid by parties to civil actions and proceedings, other than
criminal, commenced in or appealed to the several courts of the state, together
with all contributions out of the salaries and compensation of justices and
judges, and interest received from investment, and reinvestment, of moneys of
the judges' retirement fund, all as hereinafter provided.
All sums of
money so accrued and accruing to the judges' retirement fund, less an amount
deemed reasonable and necessary by the administrative director of the courts to
pay for necessary actuarial studies to assist in administering the judges'
retirement fund, are hereby appropriated to the payment of the annual retirement
compensation of such retired justices and judges, and to payment of the
allowances to surviving spouses.
RETIREMENT AND COMPENSATION
ADDITIONAL FEES IN CIVIL ACTIONS AND APPEALS.
addition to the fees and charges to be collected by the clerks of the district
courts of the state and by other persons authorized by rule or administrative
order of the Supreme Court as now or hereafter provided by law, such clerks and
authorized persons are directed to charge and collect the additional sum of
eighteen dollars ($18.00) for filing a civil case or proceeding of any type in
the district court or magistrate's division of the district court including
cases involving the administration of decedents' estates, whether testate or
intestate, conservatorships of the person or of the estate or both and
guardianships of the person or of the estate or both, except that no fee shall
be charged or collected for filing a proceeding under the Summary Administration
of Small Estates Act. The additional sum of eighteen dollars ($18.00) shall also
be collected from any party, except the plaintiff, making an appearance in any
civil action in the district court, but such eighteen dollars ($18.00) fee shall
not be collected from the person making an appearance in civil actions filed in
the small claims departments of the district court.
(b) The sum
of eighteen dollars ($18.00) shall also be collected:
(1) from an
intervenor in an action;
(2) from a
party who files a third party claim;
(3) from a
party who files a cross claim;
(4) from a
party appealing from the magistrate's division of the district court to the
(5) from a
party appealing the decision of any commission, board or body to the district
clerk of the Supreme Court is authorized and directed to charge and collect, in
addition to the fees now prescribed by law and as a part of the cost of filing
the transcript on appeal in any civil case or proceeding, other than criminal,
appealed to the Supreme Court, the additional sum of eighteen dollars ($18.00);
for filing a petition for rehearing, the additional sum of ten dollars ($10.00);
for filing an application for any writ for which a fee is now prescribed, the
additional sum of ten dollars ($10.00); for filing appeals from the industrial
accident board, the additional sum of five dollars ($5.00).
clerks of the district courts, persons authorized by rule or administrative
order of the Supreme Court and the clerk of the Supreme Court are directed and
required to remit all additional charges and fees authorized by this section and
collected during a calendar month, to the state treasurer within five (5) days
after the end of the month in which such fees were collected. The state
treasurer shall place all such sums in the judges' retirement fund.
RETIREMENT AND COMPENSATION
INVESTMENT OF JUDGES' RETIREMENT FUND. The investment board shall at the
direction of the supreme court select and contract with a minimum of one (1)
investment manager to manage the investment of the judges' retirement fund. The
investment manager(s) shall, subject to the direction of the board, exert
control over the funds as though the investment manager(s) were the owner
thereof, subject to the limitation hereinafter provided. The investment
manager(s) is hereby authorized to invest the judges' retirement fund in the
following manner and in the following investments or
Corporate obligations designated as corporate convertible debt
Obligations secured by mortgages constituting a first lien upon real property of
the state of Idaho which are fully insured or guaranteed as to the payment of
the principal by the government of the United States or any agency
certificates of deposit and savings accounts.
or preferred stocks of corporations.
Commercial paper, which at the time of purchase, is rated prime 1 by Moody's
Investors Service incorporated or is rated A-1 or higher by Standard and Poor's
As we can
plainly see, our legislature has provided the judicial branch of government with
laws that allow them to prosecute for profit, the most obvious conflict of
interest imaginable: Judges are allowed to run their courts as a vehicle to
generate revenue that allows them to pad their own retirements.
appeals the public is forced to file because lower court rulings were
compromised in one way or another, the more money appears in the account. The
worse judges are, the better their retirement.
point: Judges' private retirement fund from publicly-generated revenues is
overflowing with money and being used to make more money through modern
investment strategies while your public retirement from privately-generated
revenue has been spent by the people we elected to draft, approve, and implement
this entire retirement travesty.
MICHIGAN JUDGES RETIREMENT
General Electric Corporation
Wal-Mart Stores Incorporated
Exxon Mobil Corporation
Wells Fargo & Company
Bank of America Corporation
Federal National Mortgage
Largest Stock Holdings (By Market
(Concluding remarks by Ron
It becomes obvious from the above statistics
illustrative of the courts around the nation, that the courts and judges of
America are the beneficiaries of huge legacies at the expense of the People. It
should be noted that Constitutionally all appropriate fines imposed by
a court for specified violations must have a reasonable connection to the
damages incurred by the government for the said violation. In other words,
the sentence must fit the crime. However, imposing fines that raises
revenue for a legislative or judicial retirement fund is unconstitutional,
because all revenue-raising ventures must be apportioned equally. In other
words, everyone benefiting from the venture must reasonably pay an equal amount.
The test then is to ask one's self whether the
retirement of judges is a measure to be borne by the community at large, or by
fining violators of a code. If the venture is one of
revenue-raising for the retirement of judges, then it is unconstitutional
because it is not uniform, and a burden shared by all. If it is a legitimate
fine, it must be limited to damages reasonably caused by the violation, and
You are each encouraged to investigate what percentage
of your fines is going toward the support of judges in your state. You are
welcome to report your findings to Rose Lear, firstrose@..., who is
researching this project.
Obviously, J.A.I.L. will weigh in on these alleged
violations and the constitutional question involved in a fine