Fw: Emergency Session
- ----- Original Message -----From: Denny JacksonTo: argenio.art@... ; casey@... ; hart.chris@... ; miller.jeff@... ; posey.bill@... ; pruitt.ken@... ; constantine.lee.web@... ; garcia.rudy.web@... ; peaden.durell.web@... ; posey.bill.web@... ; pruitt.ken.web@... ; sanderson.debby.web@... ; albright.george@... ; alexander.jd@... ; andrews.william@... ; argenziano.nancy@... ; arnall.joseph@... ; bainter.stan@... ; ball.randy@... ; barreiro.gustavo@... ; bense.allan@... ; bilirakis.gus@... ; bitner.david@... ; bradley.rudolph.web@... ; bronson.irlo.web@... ; byrd.johnnie@... ; cantens.gaston@... ; constantine.lee@... ; crist.victor@... ; crow.larry@... ; detert.nancy@... ; portilla.renier@... ; dockery.paula@... ; farkas.frank@... ; fasano.mike@... ; feeney.tom@... ; fiorentino.heather@... ; flanagan.mark@... ; fuller.james@... ; futch.howard@... ; garcia.rudy@... ; gay.greg@... ; goode.harry.web@... ; goodlette.dudley@... ; green.carole@... ; harrington.lindsay@... ; johnson.randy@... ; jones.dennis@... ; kelly.everett.web@... ; kilmer.bev@... ; kyle.bruce@... ; lacasa.carlos@... ; littlefield.ken@... ; lynn.evelyn@... ; Maygarden.Jerry@... ; melvin.jerry@... ; merchant.sharon@... ; morroni.john@... ; murman.sandra@... ; ogles.mark@... ; patterson.pat@... ; peaden.durell@... ; prieguez.manuel@... ; putnam.adam@... ; rojas.luis@... ; rubio.marco@... ; russell.dave@... ; sanderson.debby@... ; sembler.charles@... ; sorensen.ken@... ; spratt.joseph@... ; starks.bob@... ; sublette.bill@... ; thrasher.john@... ; trovillion.allen@... ; tullis.jim@... ; villalobos.alex@... ; wallace.rob@... ; waters.leslie@... ; wise.stephen@... ; bronson.charlie.web@... ; brown-waite.g.web@... ; burt.locke.web@... ; carlton.lisa.web@... ; clary.charlie.web@... ; cowin.anna.web@... ; crist.victor.web@... ; portilla.alex.web@... ; king.james.web@... ; jack.web@... ; laurent.john.web@... ; lee.tom.web@... ; mckay.john.web@... ; saunders.burt.web@... ; sebesta.jim.web@... ; sullivan.don.web@... ; brummer.fred@...Sent: Friday, November 24, 2000 5:03 PMSubject: Emergency SessionDear 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.
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
(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
(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.
* * *