* * * Who Controls America? Attorneys or Judges? * * *
Who Controls America?
Attorneys or Judges?
Dear Bill Scheidler:
There is a great misconception that we need to go after attorneys as our target. Early on within the J.A.I.L. Initiative, I contacted Congressman Ron Paul about sponsoring JAIL4Judges. I was contacted by a staff member expressing it is better that we focus more on attorneys.
If we exercise discernment, we will understand that JAIL4Judges will also reach wayward attorneys at the same time as we reach unaccountable judges. Unaccountable attorneys are merely the offspring of unaccountable judges, for attorneys will do only what they can get away with before the judges, or else they will face sanctions. This statement can also be said of all wayward politicians.
We are taught that we have three co-equal branches of government. This is not true. Every law passed by the Legislature is subject to the interpretation of a judge, or judges, somewhere. The same is true of the Executive Branch. Consider Richard Nixon who asserted that as president, he had executive privileges, and was not subject to the subpoena power of the Judicial Branch of government. But he lost that argument, for the Judicial Branch determined that nevertheless, he had to obey their orders. Consequently, he resigned from the presidency.
As a practical matter, we have but only one branch of government ruling this country, and that is the Judiciary. And what they say goes. Our country is ultimately run in totality by five attorneys sitting in black robes. If they say we can kill the unborn, that becomes the law. If they say we cannot pray in school, by that pronouncement, it becomes unConstitutional to pray in schools. If they determine that DOMA passed by Congress is unConstitutional, it is thereby an unConstitutional law to defend conventional marriage. If they say that ObamaCare is Constitutional, then it shall stand regardless of how many states challenge it, or who goes up against it. No matter where anything starts, it ends up in the courts, and only they will decide whether it is "the Law" or not. All things are decided by the men is black robes, and without them, nothing stands. The decision of one man who is a judge trumps the will of the entire majority of the People even if it be voted in by over seven million voters, and the will of the People becomes part of the Constitution.
If there is no law on the books that satisfies the judge, no problem, they can just write a new law that pleases them. Anyone who defies his new law may be thrown into jail to learn the lesson that you do no defy a judge, for his edict is the highest of all laws. He speaks, and it is so. He legislates the law with finality, and no one dares defy him. Such is especially true when there are five of this judges sitting on the bench. Their edicts may counter God and Heaven. What they say is true whether it be true or not! They have no ethic standards. If they wish to go out golfing with parties in cases currently before them, no problem, they are judges. Judges are above all laws, and even the Constitution. Their Oaths mean nothing, for they are the Constitution. They speak, and it is do. What they say is the Supreme Law of the land, all Peoples, all laws, and all legislators to the contrary notwithstanding.
If is for this reason that the People shall never obtain their freedom until they themselves protect their own interests by the creation of Special Grand Juries that take over the judicial power and scope of Judicial Immunity. "Power tends to corrupt, and absolute power corrupts absolutely." Thus, he who controls the Judges will control America, and that control must be the People!
Thank you, Bill Scheidler, for your expressing your concerns that we go after lawyers.
National J.A.I.L Commander-In-Chief
-------- Original Message --------
EXACTLY what is needed! But is only a start... we already have laws on the books that should make such a "initiative" and it is the statutory oath attorneys take to be "HONEST" and to PRESENT ALL THE FACTS and ALL THE LAW... even those facts and law contrary to their client's position.
So while the "initiative" is needed, it should also include that attorney who led the judge astray. They ALL should come under the "three strike rule."
Please keep me posted on how you present this initiative and its reaction.
Judicial Accountability Initiative Law (J.A.I.L.)(California Initiative)
Preamble. We, the People of California, find that the doctrine of judicial immunity has been greatly abused; that when judges abuse their power, the People are obliged - it is their duty - to correct that injury, for the benefit of themselves and their posterity. In order to ensure judicial accountability and domestic tranquility, we hereby amend our Constitution by adding the following provisions as Sec. 32 to Article I, which shall be known as "The J.A.I.L. Amendment."
1. Definitions. To avoid absurd results, words shall be given their plain, ordinary and literal meanings; and where appropriate, the singular shall include the plural and vice-versa. For purposes of this Amendment, the following terms shall mean:
- Judge:A judicial officer hearing and adjudicating legal actions and proceedings within the judicial branch of government (to include arbitrator, mediator, or a private judge, any of whom is assigned by a court to hear involuntary proceedings). This definition shall not be construed to mean trial juror, prosecutor, or any administrative official.
- Material allegations: Statements essential to the claim or defense presented in a pleading filed in court.
- Blocking: Any unlawful act that impedes the lawful conclusion of a case, to include unreasonable delay and willful rendering of an unlawful or void judgment or order.
- Corporate litigant: A party holding a corporate charter, as distinguished from a business license.
- Juror: A Special Grand Juror.
- Strike: An adverse immunity decision or a criminal conviction against a judge.
2. Exclusions of immunity. Notwithstandingcommon law or any other provision to the contrary, no immunities shielding a judge from frivolous and harassing actions 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 allegations, 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. The foregoing judicial misconduct shall not be construed to mean court decisions made within the authorized capacity of a judge.
3. Special Grand Juries. For the purpose of returning power to the People and ensuring the integrity of the judiciary, there are hereby created within this State three twenty-five member Special Grand Juries with statewide jurisdiction having inherent power to judge both law and fact. This body shall exist independent of statutes governing county Grand Juries. Their responsibility shall be limited to determining, based on the evidence shown on the record, whether any civil lawsuit against a judge would be frivolous or harassing, or fall within the exclusions of immunity as set forth in paragraph 2, or whether there is probable cause of criminal conduct by the judge against whom a petition/complaint is brought before the Special Grand Jury.
4. Professional Counsel. Each Special Grand Jury shall have exclusive power to retain non-governmental advisors, special prosecutors, and investigators, as needed, who shall serve no longer than one year, and thereafter shall be ineligible to serve; except a special prosecutor may be retained to prosecute to conclusion ongoing cases through all appeals and any complaints to the Special Grand Jury. Each Special Grand Jury may hire clerical staff, as needed, without time limitation.
5. Establishment of Special Grand Jury Facilities. Within ninety days following the passage of this Amendment, the Legislature shall provide a suitable facility for each Special Grand Jury. Each facility shall be reasonably placed proportionately according to population throughout the State, but no facility shall be located within a mile of any judicial body.
6. Annual Funding. TheLegislature shall cause to be deducted two and nine-tenths percent from the gross judicial salaries of all judges, which amount shall be deposited regularly into an exclusive trust account created by this Amendment in paragraph 10 for its operational expenses, together with filing fees under paragraph 7, surcharges under paragraph 8, forfeited benefits of disciplined judges under paragraph 18, and fines, if any, imposed by sentencing under paragraph 16.
7. Filing Fees. Attorneysrepresenting a party filing a civil petition or response before the Special Grand Jury shall, at the time of filing, pay a fee equal to the filing fee due in a civil appeal to the State Supreme Court. Individuals filing a civil petition or response on their own behalf before the Special Grand Jury as a matter of right shall, at the time of filing, post a fee of fifty dollars, or file a declaration, which shall remain confidential, stating that they are impoverished and unable to pay and/or object to such fee, pursuant to First Amendment right of redress.
8. Surcharges. Shouldthis Amendment lack sufficient funding through its fines, fees, and forfeitures (including deductions in paragraph 6), the Legislature shall impose appropriate surcharges upon the civil court filing fees of corporate litigants as necessary to supplement the funding of this Amendment so as not to be chargeable to the public.
9. Compensation of Jurors. Each Juror shall receive a salary commensurate to that of a Superior Court judge, prorated according to the number of days actually served by the Juror.
10. Annual Budget. TheSpecial Grand Juries shall have an annual operational budget commensurate to double the combined salaries of the seventy-five Jurors serving full time, which sum shall be initially deposited by the Legislature into an exclusive trust account to be annually administered by the State Treasurer. Should the trust balance, within any budget year, drop to less than an amount equivalent to the annual gross salaries of fifty Superior Court judges, the State Treasurer shall so notify the Legislature which shall replenish the account, prorated based on the actual average expenditures during the budget year. Should the trust balance in any subsequent year exceed the annual operational budget at the beginning of a new budget year, the State Treasurer shall transfer such excess to the state treasury. Except for the initial year, no expenses in paragraphs 6, 7, 9 and 10 of this Amendment shall be chargeable to the public.
11. Jurisdiction. EachSpecial Grand Jury shall have exclusive power to appoint a foreperson, establish rules assuring their attendance, to provide internal discipline, and to remove any of its members on grounds of misconduct. The Special Grand Jury shall immediately assign a docket number to each petition/complaint brought before it, unless such case is transferred to another Special Grand Jury to achieve caseload balance. A transfer shall not prejudice a docketing deadline. The Special Grand Jury first docketing a complaint shall have sole jurisdiction of the case. Except as provided in paragraphs 17 and 22, no petition of misconduct shall be considered by any Special Grand Jury unless the petitioner shall have first attempted to exhaust all judicial remedies available in this State within the immediately preceding six-month period. (Such six-month period, however, shall not commence in petitions of prior fraud or blocking of a lawful conclusion until after the date the Special Grand Juries become functional. This provision applies remedially and retroactively.) Should the petitioner opt to proceed to the United States Supreme Court, such six-month period shall commence upon the disposition by that Court.
12. Qualifications of Jurors. A Juror shall have attained to the age of thirty years, and have been nine years a citizen of the United States, and have been an inhabitant of California for two years immediately prior to having his/her name drawn. Those not eligible for Special Grand Jury service shall include elected and appointed officials, members of the State Bar, judges (active or retired), judicial, prosecutorial and law enforcement personnel, without other exclusion except previous adjudication of mental incapacity, imprisonment, or parole from a conviction of a felonious act.
13. Selection of Jurors. The Jurors shall serve without compulsion and their names shall be publicly drawn at random by the Secretary of State from the list of registered voters and any citizen submitting his/her name to the Secretary of State for such drawing. The initial Special Grand Juries shall be established within thirty days after the fulfillment of the requirements of paragraph 5.
14. Service of Jurors. Excludingthe establishment of the initial Special Grand Juries, each Juror shall serve one year. No Juror shall serve more than once. On the first day of each month, two Jurors shall be rotated off each Special Grand Jury and two new Jurors seated, except in January it shall be three. Vacancies shall be filled on the first of the following month in addition to the Jurors regularly rotated, and the Juror drawn to fill a vacancy shall complete only the remainder of the term of the Juror replaced.
15. Procedures. The Special Grand Jury shall serve a copy of the filed petition upon the subject judge and notice to the petitioner of such service. The judge shall have twenty days to serve and file a response. The petitioner shall have fifteen days to reply to the judge's response. (Upon timely request, the Special Grand Jury may provide for extensions of time upon the showing of good cause.) In criminal matters, the Special Grand Jury shall have power to subpoena witnesses, documents, and other tangible evidence, and to examine witnesses under oath. Each Special Grand Jury shall determine the causes properly before it with their reasoned findings in writing within one hundred twenty calendar days, serving on all parties their determination as to whether or not immunity shall apply as a defense to any civil action that may thereafter be pursued against the judge. A rehearing may be requested of the Special Grand Jury within fifteen days with service upon the opposition. Fifteen days shall be allowed to reply thereto. Thereafter, the Special Grand Jury shall render final determination in writing within thirty days. All allegations in the petition shall be liberally construed. The Jurors shall keep in mind, in making their determinations, that they are entrusted by the People of this State with the duty of restoring judicial accountability and the perception of justice. The standard of authority by which the Jurors shall be guided in making their determinations shall not be opinions of courts, but shall be the Constitutions of California and of the United States and laws made in pursuance thereof. The Jurors shall avoid all influence by judicial and government entities. The statute of limitations on any civil suit brought pursuant to this Amendment against a judge shall not commence until a final determination by the Special Grand Jury. Special Grand Jury files shall always remain public record following their final determination. A majority of thirteen Jurors shall determine any matter.
16. Indictment. Shouldthe Special Grand Jury also find probable cause of criminal conduct on the part of any judge against whom a petition is docketed, it shall have the power to indict such judge. The Special Grand Jury shall, without voir dire beyond personal impartiality, relationship, or lack of fluency in English, cause to be impaneled twelve special trial jurors, plus alternates, which trial jurors shall be instructed that they have power to judge both law and fact. The Special Grand Jury shall also select a non-governmental special prosecutor and a judge with no more than four years on the bench from a county other than that of the defendant judge, having jurisdiction solely to maintain a fair and orderly proceeding. The trial jury shall be selected from the same pool of jury candidates as any regular jury. The special prosecutor shall thereafter prosecute the cause to a conclusion, having all the powers of any other prosecutor within this State. Upon conviction, sentencing shall be the province of the special trial jury, and not that of the selected judge. Such term of sentence shall conform to statutory provisions.
17. Criminal Procedures. In addition to any other provisions of this Amendment, a complaint for criminal conduct against a judge may be brought directly to the Special Grand Jury, when all of the following conditions have been met: (1) an affidavit or declaration of criminal conduct has been lodged with the appropriate prosecutorial entity within ninety days of the commission of the alleged crime; (2) the prosecutor declines to prosecute, or one hundred twenty days have passed following the lodging of such affidavit or declaration, and prosecution has not commenced; (3) an indictment, if sought, has not been specifically declined on the merits by a county Grand Jury; and (4) the criminal statute of limitations has not run. Any criminal conviction (including a plea bargain) under any judicial process shall constitute a strike.
18. Removal. Wheneverany judge has received three strikes, the judge shall be permanently removed from office, and thereafter shall not serve in any State judicial office. Judicial retirement for such removed judge shall not exceed one-half of the benefits to which such judge would have otherwise been entitled. Retirement shall not avert third-strike penalties.
19. Public Indemnification. No judge against whom a petition/complaint is brought, or sued civilly by a complainant pursuant to this Amendment, shall be defended at public expense or by any elected or appointed public counsel, nor shall any judge be reimbursed from public funds for any losses sustained under this Amendment.
20. Enforcement. No person exercising strict enforcement of the findings of a Special Grand Jury shall be held liable civilly, criminally, or in contempt.
21. Redress. The provisions of this Amendment are in addition to other redress that may exist and are not mutually exclusive.
22. Challenges. No judge under the jurisdiction of the Special Grand Jury, or potentially affected by the outcome of a challenge hereto, shall have any jurisdiction to sit in judgment of such challenge. Such pretended adjudication shall be null and void for all purposes and a complaint for such misconduct may be brought at any time, without charge, before the Special Grand Jury by class action, or by any adversely affected person.
23. Preeminence. Preeminenceshall be given to this Amendment in any case of conflicts with statute, case law, common law, or constitutional provision. The foreperson of each Special Grand Jury shall read, or cause to be read, this Amendment to the respective Jurors semi-annually during the first week of business in January and July. Should any part of this Amendment be determined unconstitutional, the remainder shall remain in full force and effect as though no challenge thereto existed.
Copyrighted 2003 Library of Congress