The Ripple-Down Effect of J.A.I.L.
- J.A.I.L. News Journal
Los Angeles, California April 16, 2002The Ripple-Down Effect of J.A.I.L.(by Henry Nicolle, warden@...)THE CAUSE:The JAIL4Judges proposal does not address collateral problems directly. But the effect of JAIL4Judges Special Grand Juries is poison to misconduct and shackles on malfeasance in every office, judicial or otherwise.JAIL4Judges addresses only the unlawful, unethical and inept acts of judicial officers, holding them personally accountable where our existing remedies fail.In a Special Grand Jury action, accused judges are presumed to have absolute immunity so long as they act fully within the constraints of the Constitution, the laws and ethics. When judges are called before a Special Grand Jury, that immunity is in question.If a complainant can document the misconduct to the satisfaction of the Special Grand Jury, the individual judge is now personally accountable to the Citizens, without the benefit of the state's resources, without the benefit of a friendly county counsel, Attorney General, or district attorney, and without the benefit of his robe and personal bailiff. He stands before the Special Grand Jury AS A CITIZEN BEFORE HIS PEERS! At the pleasure of the Special Grand Jury, the individual who has been accused of abandoning his immunity as a public officer may face civil or criminal trial in the ordinary way. He has been stripped of his former "good ol' boy" assembly of veiled protections.Now, ...regardless of the outcome of this particular encounter between a sitting judge, a complainant and a Special Grand Jury, consider the personal revelations of the remaining sitting judges, commissioners, magistrates, acting judges and judge pro-tems, ad nauseum.What do you suppose their reaction will now be? What will be on their (now personally accountable) judicial minds when a former co-deputy District Attorney approaches in chambers or in the restroom and suggests that a particular defendant is a real problem and should be given the short-shrift at the next session, or at court when a prosecutor falsely claims a civil citation to be a "verified criminal misdemeanor complaint" (or it's equivalent)?Will they consider the ramifications of being held to personal account for their acts before the Special Grand Jury? They know we won't be rehearing the case or second-guessing any particular opinion, that is for the existing institution to deal with. They know that what will be judged, is their conduct in obedience to the law, not their discretion; it will be their compliance with the canons of judicial ethics, not mere singular indiscretions.The judges will know their traditional institutional friends cannot help or protect them or shield them when personally appearing before the Citizens review. In their minds and the minds of their judicial and prosecutorial peers, they now wear the aegis of suspicion of disgrace, the robeless exposure of the defrocked and the accused, just as those who have come before their bench in the past... damaged goods, regardless of the validity of the charges or the purity of the prosecution.I do not think most judges will seek to test their ability to challenge a Special Grand Jury investigation or invite a possible prosecution for misconduct or corruption, alone, without their institutional companions. Under J.A.I.L. a judge cannot be defended at public expense. This indicates that the judiciary will become more cognizant of the Constitution, the law, and ethical appearance.THE RIPPLE:All other government actors will understand that they no longer can presume the protection of their institutional allies when their personal acts are challenged by a Citizen and the issue taken to court... where all of a sudden, the judges seem to be turning an unkindly eye to marginal arguments and implausible presumptions for fear of later facing personal accountability for acting outside their authority or beyond the law. The rational fear of the opinion of the Citizens is now a contending force, and no longer a chimera to be faced only at the ballot box in odd years.Then, the ripple-through upsets the BAR association, and the police commission's internal investigations because these issues too will be ultimately taken to a court. There the good ol' boys protective associations and glee clubs will find still friendly, but now selfishly unsympathetic, ears of the prosecutors and the judges.The magic stone is the return of the personal and direct touch of the opinion of the Citizens' panel which excludes elected and appointed state officials, members of the Bar, prosecutorial, judicial and law enforcement, and their employees. The final decisions of judicial conduct are exercised by the true sovereigns, the Citizens. Judicial good conduct then regulates the conduct of executive and legislative conduct and ensures the good operation of the bureaucracies. The circle, finally, is closed. The Citizens create their terms for governing, select and instruct their representatives, and, in the closing of the control loop, judge the judges who judge the rest. It is in this manner that everyone's life, limb, and property are made secure, hence providing "new guards for their future security."It is enough to understand that the circle of Citizen self-government must be closed. If it remains broken as it is, at the judicial link, we will find that we are condemned to eternal consumerism and taxation.Representation by election, but unrestrained between elections, is an invitation for rebellion by representatives against their constituents' instructions. The exercise of judicial power without personal accountability encourages collaborations of executive and legislative pretense, at the sole expense of the constituents.The bureaucracies ebb and flow with the times, knowing that elected and appointed officials come and go like foreign marks at a cathouse... but with JAIL4Judges at work, who knows? Could it be that unlawful policies and bureaucracies can be challenged and... well, I didn't write this essay to frighten my friends down at the county center with concern for their careers and mortgages... but, maybe there is something to think about there. How far do ripples go, anyhow?Best regards,Henry NicolleCA. Associate JAILer-In-Chief
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!
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