Which Judges Should I Vote For? - By Ron Branson
Which Judges Should I Vote For?By Ron Branson
Every election cycle I am approached as a supposed authority on judges to state a list of the judges for whom I recommend the electorate vote for. Just this past Saturday, April 26, 20012 I was approached by an attendee prior to my speech at a seminar of the judiciary to "Please state for us a short list of the judges they should vote for."
After taking my position at the podium and getting the introduction out of the way, I recounted for the audience this request for my short list of judges. I told the audience that I recommend that no one vote for any judge who accepts that his or her Oath of Office to uphold and defend the Constitution of the United States is subject to the doctrine of judicial immunity. I explained as to what judicial immunity is, and that is if judge chooses to violate the Constitution, so what, they are nonetheless covered by Judicial Immunity and not liable, a doctrine affirmed by the U.S. Supreme Court for all judges in the United States. I then demonstrated my short list with an ever-closing gap between my thumb and forefinger down to nothing.
Many of you are familiar with the prison incident of Attorney Richard I. Fine, a former U.S. prosecutor who just spent seventeen months in the Los Angeles County Men's Central Jail for embarrassing all the judges in Los Angeles County for bringing a successful lawsuit against all the judges of L.A. County for illegally and unconstitutionally taking bribes from the County of Los Angeles in the name of "double-salary."
While I do respect Attorney Richard Fine for exposing this horrendous financial scandal, not to speak of its influence on judicial corruption of swaying almost a perfect 100% of the cases in the County's favor in which the County was a party, either as plaintiff or defendant for the last twenty years, I disagree with Mr. Fine's recommendation to the voters of California that we just vote out the judges who took the bribes. His cause is only an example of an extremely much greater scandal, and that is judicial immunity protection for all judges within this nation.
Every judge in America is required to swear by an Oath to give allegiance to the U.S. Constitution as the supreme law of the land on one hand, and on the other, that whatever a judge does, no matter how evil, unlawful, or unconstitutional, and even if such corruption is done with absolute malicious intent to do someone in, his actions, as a judge, are covered by judicial immunity.
I have those who argue with me that judges are not immune for their actions if their actions be without jurisdiction, and they cite to judicial decisions on this, but as one who has years of experience within the judicial system, these are words only for public consumption, and are not real decisions on which anyone may rely in suing a judge. Believe me, as a practical matter, every judge is immune for their actions no matter what, unless it be for something like rape.
Let us remember from whence we came, and is that it was said of the King of England, "The King can do no wrong!" We found this attestation to be revolting, and we had a American revolution over this attestation. See our Declaration of Independence!
Well, believe it our not, our judges has slowly, but surely, decision by decision, little by little adopted this very same policy under the theory that judicial immunity comes for England endorsed by "Common Law." In other words, "Judges can do no wrong!" I have tested this doctrine in the courts time and time again, and it matters not whether judges do their dirty deeds within or with jurisdiction. I have even had a federal judge say, "Even if it be true, as Mr. Branson alleges, that Patricia Schwartz acted in the clear absence of all jurisdiction, she did not know that she did not have jurisdiction, therefore, she is covered by judicial immunity." In other words, "Since Judge Patricia Schwartz was too ignorant to know about the law of gravity that gravity pulls down, therefore she is not subject to law when she stepped off the edge of a ten story building." I am not kidding. This is the stuff of which we get children's Saturday morning cartoons from. Just look a Wiley the Coyote and the Roadrunner. This is the exact same "authority" underlying judicial immunity. Judges are immune from whatever evil or corruption for which they contend!
It is for this reason that the judiciary so fears the prospects of the passage of J.A.I.L. (Judicial Accountability Initiative Law) because they hate to even have to discuss judicial immunity outside a defense to a lawsuit before another judge with judicial immunity, because they know the doctrine is so preposterous, ridiculous, and indefensible in open daylight judged by the public.
So, to answer the question, "Which Judges Should I Vote For?" the answer is easy. It is ease to tell a bad judge from the good ones. The bad judges wear a black robe!
National J.A.I.L. Commander-In-Chief
P.S. - As a courtesy to Attorney Richard Fine, I am placing his proposed remedy below in its complete form.
* * *
For Immediate Release
Contact Person: Richard I. Fine,
Chairman, Campaign for Judicial Integrity
Telephone: (310) 622-6900
E mail: richardfine@...
CAMPAIGN FOR JUDICIAL INTEGRITY ASKS CALIFORNIA VOTERS TO REJECT JUDGES WHO TOOK ILLEGAL PAYMENTS
The Campaign for Judicial Integrity is a non-partisan grassroots organization concerned about the decline of the state of the integrity of our judiciary and its failure to provide a fair and equal judicial system to the American public. The Campaign’s goal is to restore and achieve integrity in the judiciary and the administration of justice in the United States and the individual states.
The Campaign works to increase the public’s awareness of the danger to our society resulting from the failure of members of the judiciary to obey constitutional provisions, laws, codes of judicial conduct and their oaths of office, which protect our fundamental rights.
Its founder and Chairman is Richard I. Fine, PhD, a recognized leader in anti corruption and fighting judicial corruption.
“ California has a judicial crisis. According to a California Judicial Council Report to the State Legislature, over 90% of the state elected California Superior Court judges received illegal payments from counties or courts in addition to their state compensation. This occurred even though California judges are the highest paid in the country. The Report showed that the illegal payments are approximately $34 million per year. Since the late 1908s, [I believe this is a typo and really should state "the late 1980's" - RB] the Campaign estimates that illegal payments have been approximately $350 million, in Los Angeles County alone. If the judges paid the illegal payments to the state, we would not have a budget shortfall and no courts would have to close. However, we know that this will not happen, since they haven’t done so for over 25 years.”
“Traditional methods to remove these judges failed due to political cronyism and prosecutorial inaction. The only way to restore fairness and integrity to the judiciary is for citizens to exercise their right to vote and vote out those judges who received the illegal payments.”
Fine explained the Campaign’s action:
“As a public service to the voters in the California June 5, 2012 Primary Election, the Campaign published the names of the 34 California counties where California state elected Superior Court judges receive illegal payments from counties or courts in addition to their state compensation.
The web site is http://www.campaignforjudicialintegrity.org.
The 34 California counties are: Alameda, Butte, Calaveras, Contra Costa, Fresno, Glenn, Kern, Kings, Los Angeles, Mariposa, Mendocino, Monterey, Napa, Nevada, Orange, Placer, Riverside (payments phasing out), Sacramento, San Bernardino (payments phasing out), San Benito, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Clara, Siskiyou, Solano, Sonoma, Trinity, Tulare, Tuolumne, Ventura and Yolo (payments phasing out).”
Fine explained the illegality of the payments:
“The payments from counties were held to violate Article VI, Section 19 of the California Constitution in the case of Sturgeon v. County of Los Angeles . Additionally, counties are parties before the judges. Payments by parties in a case to a judge were held to be “bribes” and to violate the federal criminal statute of the “intangible right to honest services, 18 U.S.C. Section 1346, in the cases of U.S. v. Frega , U.S. v. Adams and U.S. Malkus, in which the judge and the parties were sentenced to jail. Additionally, the judge was removed from office in the case of Adams v. Commission on Judicial Performance”
Fine explained the judges’ political move to obtain retroactive immunity for their illegal acts and federal prosecutors refusal t act:
“After the Sturgeon decision, the California Judicial Council and the California Judges Association sponsored Senate Bill SBX 2 11, which was enacted on 2/20/09. SBX 2 11 gave the judges retroactive immunity from state criminal prosecution, civil liability and disciplinary action for having taken the illegal county payments and acknowledged that the payments were criminal. Federal prosecutors ignored the violations of federal law and refused to prosecute.
The result is that California has the largest judicial scandal in American history and a judicial system which is corrupted from a case involving a county traffic ticket, to family law and child support cases, to criminal cases, to any case in which a county is a party, a witness or has an interest.
The effect is so devastating that LA County Counsel Annual Litigation Reports from FY 2005 through FY 2010 showed that only 3 cases were won against LA County when a Superior Court judge made the decision. Approximately 650-850 cases per year were filed against LA County according to the annual reports.”
“The Campaign asks every person to exercise their right to vote. Go to the Campaign web site, determine if judges in your county receive illegal payments, and if so, vote! If you desire a fair judicial system with integrity, only you can achieve such by voting out the judges who received the illegal payments.
We ask you to be active in the Campaign; post the web site on your face book page and twitter about it; send the web site to family, friends, work mates; ask them to pass it on to others, post it and twitter about it and vote.
In the end, we are the only ones who can institute change. By exercising our right to vote, we will achieve a fair judicial system and a judiciary with integrity.”