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  • jail4judges
    ... From: Denny Jackson To: argenio.art@leg.state.fl.us ; casey@afn.org ; hart.chris@leg.state.fl.us ; miller.jeff@leg.state.fl.us ; posey.bill@leg.state.fl.us
    Message 1 of 1 , Nov 25 12:29 AM
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      Sent: Friday, November 24, 2000 5:03 PM
      Subject: Emergency Session

      Dear Florida Legislator,

      As a concerned citizen, not of Florida, but of another state, whose interests your actions, or lack thereof, will affect, I am emphatically urging you to convene an emergency session of your legislature to respond to the attack on the executive branch by the judicial branch of your state government.  Your supreme court justices have demonstrated corruption and gross malfeasance in office by their decision to estop the secretary of state from carrying out her lawful duty to certify the election as REQUIRED BY LAW - law the legislature has enacted.
      Your duty, not just to your state, but to the nation, is to impeach those
      corrupt justices and remove them from office, and to request the secretary of state to carry out her duties.  I urge you to take these actions immediately in order to put a halt to the destruction of the rule of law in your fair state.

      I also strongly urge you to consider adopting the Judicial Accountability
      Initiative Law, a copy of which is enclosed at the end of this message.

      The rest of us are counting on you.  Thank you.

      Dennis Jackson
      Independence, OR

                               Judicial Accountability Initiative Law (J.A.I.L.)

                                                (As amended 6/5/00)

      (a) Preamble. We, the People of Florida, find that the doctrine of judicial
      immunity has been greatly abused; and
      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
      Article I of our Constitution with these provisions, which shall be known as
      "The Judicial Accountability Amendment."

      (b) Definitions. For purposes of this amendment:

              1. The term "blocking" shall mean any act that impedes the lawful
      conclusion of a case, to include unreasonable delay and
              willful rendering of a void judgment or order.

              2. The term "judge" shall mean justice, judge, magistrate, commissioner,
      judge pro tem, private judge, judicial mediator,
              arbitrator and referee, and every person shielded by judicial immunity.

              3. The term "Juror" shall mean a Special Grand Juror.

              4. The term "seat" shall mean a situs and facility that is suitable for
      usage by the Jury.

              5. The term "strike" shall mean an adverse immunity decision.

      Where appropriate, the singular shall include the plural.

      (c) Immunity. Notwithstanding common law or any other provision to the contrary,
      no immunities shall be extended
      to any judge of this State except as is specifically set forth in this
      Amendment. Preserving the purpose of protecting
      judges from frivolous and harassing actions, no immunity shielding a judge 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 facts, judicial acts without jurisdiction, blocking of a lawful
      conclusion of a case, or any deliberate violation
      of the Constitutions of Florida or the United States.

      (d) Special Grand Juries. There are hereby created within this State two
      twenty-five member Special Grand Juries
      with statewide jurisdiction having 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, on an objective standard,
      whether a civil suit against a judge would be frivolous and harassing, or fall
      within the exclusions of immunity as set
      forth herein, and whether there is probable cause of criminal conduct by the
      judge complained of.

      (e) 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, after which term said
      officers shall be ineligible. Notwithstanding the one year, a special prosecutor
      may be retained to prosecute current
      cases in which they are involved through all appeals and any complaints for
      judicial misconduct.

      (f) Establishment of Special Grand Jury Seats. Within ninety days following the
      ratification of this Amendment, the
      Legislature shall provide a seat for each Special Grand Jury. No seat shall be
      located within a mile of any judicial
      body, and each seat shall be reasonably placed proportionately according to
      population throughout the State. Should
      the Legislature fail to so act within ninety days, its members shall permanently
      forfeit their salaries and per diem
      pay, beginning on the ninety-first day, until such time that it abides by the
      terms of this (f) section.

      (g) Annual Funding. The Legislature 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 the
      exclusive trust account created by this
      Amendment in paragraph (k) for its operational expenses, together with filing
      fees under paragraph (h), surcharges
      under paragraph (i), forfeited benefits of disciplined judges under paragraph
      (q), and fines imposed under paragraph

      (h) Filing Fees. Attorneys filing a civil complaint or answer before the Special
      Grand Jury in behalf of their client, 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 complaint or answer before the Special Grand Jury in their own
      behalf 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 they are
      impoverished and unable to pay and/or object to such fee.

      (i) Surcharges. Should this Amendment lack sufficient funding through its fines,
      fees, and forfeitures (including
      deductions in paragraph (g)), the Legislature shall impose appropriate
      surcharges upon the civil court filing fees of
      corporate litigants as necessary to make this Amendment self-supporting.

      (j) Compensation of Jurors. Each Juror shall receive a salary commensurate to a
      Superior Court judge prorated
      according to the number of days actually served.

      (k) Annual Budget. The Special Grand Juries shall have an annual operational
      budget commensurate to double the
      combined salaries of the fifty 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 Controller.
      Should the trust balance, within any
      budget year, drop to less than an amount equivalent to the annual gross salaries
      of thirty Superior Court judges, the
      State Controller 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 Controller
      shall return such excess to the state

      (l) Jurisdiction. Each Special Grand Jury shall have exclusive power to
      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 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 (s)
      and (w), no complaint of misconduct shall be considered by any Special Grand
      Jury unless the complainant 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 complaints 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 complainant opt to proceed to the United States
      Supreme Court, such six-month period
      shall commence upon the disposition by that court.

      (m) 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 Florida 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 crime
      against persons.

      (n) Selection of Jurors. The Jurors shall serve without compulsion and shall be
      drawn by public lot by the Secretary of
      State from names on the voters rolls and any citizen submitting his/her name to
      the Secretary of State for such

      (o) Service of Jurors. Excluding the 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 persons
      shall be rotated off each Special
      Grand Jury and new Citizens 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.

      (p) Procedures. The Special Grand Jury shall serve a copy of the filed complaint
      upon the subject judge and notice to
      the complainant of such service. The judge shall have twenty days to serve and
      file an answer. The complainant shall
      have fifteen days to reply to the judge's answer. (Upon timely request, the
      Special Grand Jury may provide for
      extensions for good cause.) 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 (120) calendar days, serving on
      all parties their decision on whether immunity shall be barred 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 within thirty days. All allegations of the complaint shall
      be liberally construed in favor of the
      complainant. The Jurors shall keep in mind, in making their decisions, that they
      are entrusted by the People of this
      State with the duty of restoring a perception of justice and accountability of
      the judiciary, and are not to be swayed
      by artful presentation by the judge. They shall avoid all influence by judicial
      and government entities. The statute of
      limitations on any civil suit brought pursuant to this Amendment against a State
      judge shall not commence until the
      rendering of a final decision by the Special Grand Jury. Special Grand Jury
      files shall always remain public record
      following their final determination. A majority of thirteen shall determine any

      (q) Removal. Whenever any judge has received three strikes, the judge shall be
      permanently removed from office,
      and thereafter shall not serve in any State judicial office, including that of
      private judge. Judicial retirement for such
      removed judge shall not exceed one-half of the benefits to which such person
      would have otherwise been entitled.
      Retirement shall not avert third strike penalties.

      (r) Indictment. Should the Special Grand Jury also find probable cause of
      criminal conduct on the part of any judge
      against whom a complaint is docketed, it shall have the power to indict such
      judge except where double jeopardy
      attaches. The Special Grand Jury shall, without voir dire beyond personal
      relationship, 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.
      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, the special trial jury
      shall have exclusive power of sentencing (limited to incarceration, fines and/or
      community service), which shall be
      derived by an average of the sentences of the trial jurors.

      (s) Criminal Procedures. In addition to any other provisions of this Amendment,
      a complaint for criminal conduct of a
      judge may be brought directly to the Special Grand Jury upon all the following
      prerequisites: (1) an affidavit of
      criminal conduct has been lodged with the appropriate prosecutorial entity
      within ninety (90) days of the commission
      of the alleged conduct; (2) the prosecutor declines to prosecute, or one hundred
      twenty (120) days has passed
      following the lodging of such affidavit 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.

      (t) Public Indemnification. No judge complained of, 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.

      (u) Enforcement. No person exercising strict enforcement of the findings of a
      Special Grand Jury shall be held liable
      civilly, criminally, or in contempt.

      (v) Redress. The provisions of this Amendment are in addition to other redress
      that may exist and are not mutually

      (w) Challenges to Amendment. No judge under the jurisdiction of the Special
      Grand Jury, or potentially affected by
      the outcome of a challenge to this Amendment, 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.

      (x) Preeminence. Preeminence shall 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.

                                                   *   *   *
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