More Nonsense From The Argus Leader
-
Namely, J.A.I.L. Attacks Citizens
Accountability initiative attacks Legislature, citizens
THOMAS C. BARNETT
JR.
For the Argus Leader
October 16,
2005
There is an initiated
constitutional amendment circulating South Dakota, the Judicial Accountability
Initiative Law (J.A.I.L.). While purporting to provide remedies for citizens
victimized by activist judges ignoring the law and Constitution, it is anything
but that. It is an attack on our Legislature, judiciary and state and local
citizen boards.
Proponents admit that South Dakota does not have problems
with its judges but that this initiated measure is designed to make sure there
is a remedy should abuses occur. It isn't necessary. South Dakota judges are
subject to being voted out of office by our citizens. In addition, our citizens
have an absolute right to reject a particular circuit judge from sitting on a
case where a party has concerns that he or she will be treated
unfairly.
Unlike other states where appeals to the Supreme Court are
limited, in South Dakota, all parties have an absolute right to appeal a judge's
decision to our Supreme Court. Ethical violations by a judge are investigated by
the Judicial Qualifications Commission - a constitutionally created body charged
with judicial oversight. In other words, in case a problem arises in the future,
South Dakotans already enjoy many protections against alleged abusive
judges.
While being promoted as a check against an abusive judiciary,
J.A.I.L. reaches much further. It covers all persons shielded by judicial
immunity. Every school board, city council, county commission, professional
licensing board - in fact, every citizen board in South Dakota exercises limited
quasi-judicial powers and thus would be subject to being sued under J.A.I.L. A
bad doctor could sue members of the state medical board for suspension or
revocation of medical license. A bad teacher could sue individual members of the
local school board for terminating his or her teaching contract.
Under
JA.I.L., the special grand jury is empowered to rule on the law and the facts.
In other words, it is a super legislature having the power to overrule the
Legislature, decide which laws or constitutional provisions to enforce or ignore
and then also decide the facts. While J.A.I.L. purports to rein in activist
judges creating judge-made laws, it would create a special grand jury with the
power to reject laws enacted by the Legislature. Even judges and citizen boards
strictly complying with South Dakota law could be subjected to
lawsuits.
Perhaps the most disturbing aspect of J.A.I.L. is that it is
decidedly anti-law enforcement. It would allow convicted drug dealers, child
pornographers, felony drunk drivers and a multitude of other convicted felons to
serve on the special grand jury and decide whether a judge or member of a
citizen board can be sued. In fact, while the measure prohibits any member of
law enforcement from sitting on the grand jury, it would permit a convicted
felon currently imprisoned to serve on the jury at a daily pay of $387. That's
absurd.
Frankly, criminals already have enough rights. They don't need
more rights, and that's precisely what J.A.I.L. gives
them.
J.A.I.L. Submits the Following to
The Argus Leader as a
Rebuttal
Please read the
Initiative, Mr. Barnett
By Bill
Stegmeier, Gary Zerman, and Ron Branson
South
Dakota Judicial Accountability
Committee
According to
Tom Barnett, Executive Director of the State Bar of South Dakota, terrible
things will happen if the South Dakota Judicial
Accountability Amendment passes. His dire predictions
revealed in his October 16th Readers Forum article are comical.
It's
apparent he didn't bother to actually read the Initiative before writing about
it.
Barnett
wildly claims the Initiative is an "attack" on the Legislature, judiciary, etc.,
and even law enforcement! Not true. The Initiative does
however "attack" unlawful conduct of judges, should that
occur.
Barnett
claims the Initiative allows seating convicted drug dealers, child
pornographers, etc., and even imprisoned felons on the special grand jury.
Not
true. First off, the Initiative
prohibits "stacking" the jury, let alone with the miscreants Barnett
envisions.
Secondly, the Initiative does not authorize
the release
of an imprisoned felon so he can serve on the jury. Barnett either made that up or he was
misinformed. Here again, he should
have read the initiative before
writing about it. The Initiative simply
seeks to prevent judicial misconduct.
How many
times have you heard the expression "No man is above the law"?Barnett's article
sidesteps the reality that judges are in fact above the law - even for malicious
and corrupt acts - through their self-made power grab called "judicial
immunity".
Barnett
claims that the "Proponents admit South Dakota does not have problems with its
judges." Well who really
knows? Fact is the SD judiciary
remains a mystery. Try to find
information on how to file a complaint of misconduct against a judge. Call up your local Clerk of Courts. Chances are even they
won't know. Search the website of
the South Dakota Unified Judicial System. Nope, nothing there
either. It's like they don't
want anyone filing a complaint.
Barnett is
satisfied that here in South
Dakota, "Ethical violations by a judge are investigated
by the Judicial Qualifications Commission." (Good luck finding these
guys!) If you do find them, you
will see this group is comprised mostly of judges and lawyers. Right. Let's also put the fox in charge of the
henhouse.
Mr. Barnett
says the people can just vote out a bad judge. Now that's comforting, but it doesn't
solve the problem. Voting a bad judge out
provides no immediate remedy to an individual harmed by a judge's judicial
misconduct. Furthermore, how would
the voters ever learn about a "bad
judge," considering the secretive complaint and review process that is presently
in place?
Barnett quips
"Criminals don't need more rights."
Fine. The Initiative
doesn't
give them any more. Barnett really
should read it.
Clearly there
is need for judicial accountability reform here in South
Dakota, as well the rest of
the country.
Bill
Stegmeier, 50, is a South
Dakota businessman and Treasurer of the South Dakota
Judicial Accountability Committee.
605-368-2780
Gary Zerman
is an attorney and the official spokesperson for the South Dakota Judicial
Accountability Committee.
605-231-1258
Ron Branson
is the founder of the national J.A.I.L. (Judicial Accountability Initiative Law)
organization. href="../../State_Chapters/dc/DC_initiative.doc">www.jail4judges.org
605-231-1358
J.A.I.L.- Judicial Accountability Initiative Law - href="../../State_Chapters/dc/DC_initiative.doc">www.jail4judges.org
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