* A Long, Uphill Journey For Justice!
- J.A.I.L. News Journal
Los Angeles, California August 13, 2001A Long, Uphill Journey For Justice!* * *What you are about to read is one side of a conversation between a contemplating Ventura County (California) Warden, and a contemplating JAILer, both of whom are very intelligent and well gifted, which brings me to say that the quality of our JAILers throughout America speak well of J.A.I.L.'s cause. Outside of judges, you can hardly name a professional title that is not represented among our JAILers.While we were minded to pare down the following letter because of length, in so doing, we found it difficult not to deprive our readership of valuable and thought-provoking insight. Mr. Nicolle has described the operations of J.A.I.L. in a manner that could hardly be excelled, and you will quickly appreciate his literary talent. -Ron Branson (CIC)* * *Hello Carolyn,I am Henry Nicolle, the other Ventura JAILer... How do you do? Pleased to meet you!
Barbie has forwarded to me your note and asked me to get in touch with you. I hope that you will look into JAIL4Judges and appreciate what we are beginning... and that you will find us worth throwing in with.
.... [O]ur first impressions of your capabilities are very positive! Your message was well-written, to the point(s) and demonstrated your ability to communicate with grace and good conversational grammar. (In their rush to "communicate," most people don't even check their spelling.)
O.K. ...that's all the flattery I can dish out at one sitting! You have my
vote. But seriously Carolyn, JAIL4Judges desperately needs effective
communicators. We especially need communicators who can be counted upon to not garble the facts, bore the audience or appear to be illiterate yokels... Please help us!
Later, if you agree, I'll address the logistical problems we face in the
county, at the state level and at the national level, but for this initial note, let me tell you the strength of JAIL4Judges and then a little about my own primary political work here in Ventura county. They are very cooperative
and co-supportive in their purposes.
First off, JAIL4Judges is founded on the premise that we have a judicial
system that works... the problem is that all too often, we have personnel in the judicial system who think they have a better idea of how to bring
"justice" to the community, or who have yielded to the Sirens of power,
status and privilege.
This is only one indication of a much greater general problem infecting
every branch of government at every level. JAIL4Judges addresses remediation at a fundamental source of this infection, i.e. corruption of our courts and judicial institutions.
Although we have statutory processes to enforce ethical and lawful conduct by our officials, these institutions for enforcement have been corrupted and rendered impotent for their intended purpose. Corrupt judges corrupt judicial processes and thus we have denial of justice.
The buck stops with us, however. If our systems do not function properly, our representatives have failed in their responsibilities or neglected their duty. We have the ultimate power and the immediate duty to install the tools of repair.
JAIL4Judges' Special Grand Jury remedy intends to restore justice-seeking institutional processes by bringing to account the corrupted individuals who spoil the institution. JAIL4Judges offers this new remedy outside of, and mostly independent of normal legal process.
Here is the essence of the proposed remedy: (See the California Amendment Draft for more detail.)
Special Grand Juries, whose paid members are composed of Citizens not
holding positions of trust in government, are established by Constitutional Amendment in California and some other states or by Legislative Act in states without a process for Constitutional Amendment by Citizen Initiative.
The normal processes of justice (civil and criminal) are unimpaired until a
complaint is filed with the (JAIL4Judges) Special Grand Jury. The Special Grand Jury cannot be invoked until ALL ORDINARY REMEDIES AND APPEALS ARE EXHAUSTED. The JAIL4Judges proposal is not intended to interfere with ordinary course of due process remedies.
If a party believes justice has been denied by extra-legal (unlawful) acts
of the court, AND the party can substantiate the claim to the satisfaction
of a Special Grand Jury, the case will be scheduled for investigation under the investigating powers of the Special Grand Jury.
In the event that potential wrong-doing is confirmed by the Investigators,
the Special Grand Jury will proceed to further action to correct the source of the complaint. The Special Grand Jury has sufficient powers to coerce obedience to its deliberations and conclusions.
It bears repeating that the actions of the Special Grand Jury DO NOT affect the judicial acts leading to the involvement of the Special Grand Jury. The Special Grand Jury has no authority to alter decisions already made. The Special Grand Jury's duties do not directly touch the institutions or processes for justice.
However, if a Special Grand Jury finds direct and specific evidence of
miscarriage of justice and if a prosecution (civil or criminal) is concluded
resulting in discipline or removal of a specific judicial officer responsible for the complainant's injury, then it is clear that the complainant has (or should have) the ability to reopen his own case and to pursue justice under more unbiased and non-prejudicial conditions. That is how the courts are intended to work!
JAIL4Judges is not the perfect response to institutional and individual
judicial misbehavior and I believe that the Special Grand Jury's powers
could be easily abused... but it is a good tool, however limited in its
temporal usefulness, that returns an effective portion of physical
enforcement of political powers to the Citizens. It would be a very
effective moderating power against the administrative, prosecutorial and
judicial establishment's abuse of powers and usurpation of authorities not
delegated to them.
Well, Carolyn, are you still with me? (This is about where people's eyes
glaze over and they need to change the subject... ha ha...) O.K., that's
enough about JAIL4Judges for the moment. Here's the brief version of my work and a summary of how they inter-relate:
I have been increasingly concerned about the blatant lawlessness in our
courts, in the administrative halls of government, on the streets by police
and the public. After a few personal experiences helping friends, (not
involving me personally), I could not watch passively any longer. Writing
letters, voting, talking... they simply do not work within a corrupted
environment. I gave the problem of where individual political power resides and how to wield it and decided to run for Sheriff for Ventura county ... That began my practical law and political education. Carolyn, that was four years ago. I discovered first, that the only county office you and I as ordinary Citizens are qualified to be elected to are Clerk and Supervisor. ALL THE REST OF THE OFFICES ARE FORBIDDEN TO US! Wow! What a revelation that was for me. I couldn't believe it at first. But, I learned. I have learned a lot.
I had started a campaign titled "SheriffHenry" and set up a url named
"...sheriffhenry.com." I did not want to be mis-identified as a "sheriff",
but I did want the inherent authority (part of the Citizen's authority)
associated with the office to be associated with my candidacy for the
office. It was after I started the url that I discovered I had launched into
a dead-end under conventional electoral processes.
Since I couldn't run for Sheriff under the 1879 California Constitution, I
concluded that the next most effective effort would be to exercise our
recall process... In California, anyone can initiate a recall petition and
the reason for recall CANNOT be questioned by government, and a special election MUST be scheduled to hear the Citizens within about 150 days of certifying the signatures authorizing the ballot question. In other words, we can call an election, we can put anyone we wish on the ballot and NO-ONE in government can stop us, nor can they interfere with the wording of the ballot... etc.
In Ventura, I have organized a "General Recall" consisting of 37 of the
county elected officials. No particular reason for recall is given, merely
that those in government have unlawfully separated their accountability and powers from control by the Citizen/constituents in whom the authority and powers for governing rightfully belong. It is a non-partisan program.
Here is the immediate effect of a general recall.
The judges (appointed mostly from the District Attorney's office) who have held elected office without EVER BEING ON A BALLOT, the Sheriff, District Attorney and other officers who have NEVER BEEN OPPOSED ON A BALLOT, and the remainder of the county's primary elected officials will be, indiscriminately, on a YES/NO ballot for recall.
You have probably noted as I wrote, that most of the officials who will find themselves on this ballot will be facing the voters for the very first time in their elected careers! That is what I seek... a valid vote with immediate effect. I want to crack open the corrupted "good-ol'-boys' club" that has closed Ventura elected offices to participation except by only the approved initiates.
I believe that this recall program has already had a good effect, merely
from the concern that our county officials have expressed over my public
advocacy. We have had one Supervisor abruptly retire, two more seem to be leaving office, one of our financial officials retired abruptly and his
deputy (replacement) may be facing administrative/criminal charges related to his complicity with his predecessor's improper acts. The District Attorney is trying to get appointed as a U.S. Attorney, thus escaping a face-off with the voters and so it goes. It is the judges and members of the District Attorney's office who have demonstrated the most reluctance to accommodate the recall process. I'll be happy to "tell all" if you ask. Hints: "You can't serve a JUDGE!"... (sez who?, sez I, ..."Counsel for the Superior Court" sez they)... Foreman of Grand Jury fined $15,000 for filing the wrong form in applying for a farming permit" (Ventura County Star article headline... guess who led the Grand Jury that had just won a law battle with the County Clerk on my behalf?)... "We're very sorry to have bothered you, Sir, Have a nice day. Will you be leaving the Hall of Justice soon?" [Various Ventura County Deputy Sheriffs in response to judges' complaints over my Recall (for judges) handouts] etc...
Both my recall effort and JAIL4Judges call the elected officials to account for their corruption. By calling public officials to personal
accountability, we indirectly correct the corrupted administrations and
control the institutional policies which allow, promote and protect the
....Your comments and suggestions for the J.A.I.L. website are focused well. You have broken the ice for fundamental structural aspects that I will bringing to Ron and Barbie's attention later this weekend. We have a LOT of ground-level consideration and work to do, Carolyn. Those of us who are "plank-holders" will be over-taxed... and there is no pay, only the satisfaction of being in the midst of progress.
As an aside, Ron has asked if I would be the county Warden... and I have asked for time to consider the requirements for success at the task. I am about to accept the position on a tentative basis, until and unless we can find someone more qualified and resourceful to pick up the reins. I hope that you would not think of me as "grabby," since there is only me in Ventura [J.A.I.L.] right now... and I hope, YOU, too! We need to get started in Ventura, at least to build something that can be "led" when we find a real leader. What do you think, Carolyn? Are you interested in a long, uphill journey for Justice?
Please join us... bring your skills, your intellect and your determination.
Don't forget your patriotism... drag that out of storage, too!
Very best regards,
WE are still OUR government
But, our Public Officials are in Rebellion
Help Restore Constituent Authority!
J.A.I.L. is the new means of a peaceful revolution in this country.
J.A.I.L. is an acronym for Judicial Accountability Initiative Law
JAIL's very informative website is found at www.jail4judges.org
JAIL proposes a unique new addition to our form of government.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!
JAIL is spreading across America like a fast moving wildfire!
JAIL is making inroads into Congress for federal accountability!
JAIL may be supported at P.O. Box 207, N. Hollywood, CA 91603
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"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.." - Samuel Adams
"There are a thousand hacking at the branches of evil to one who is
striking at the root." -- Henry David Thoreau <><