J.A.I.L. News Journal
Los Angeles, California
January 1, 2006

The Inherent Right of ALL People to Alter or Reform Abusive Government.
The Right Upon Which All Other Rights Depend
The Torchbearer for J.A.I.L. Nationally - Support Them!
P.O. Box 412, Tea, S.D. 57064  -  (605) 231-1418
J.A.I.L. - "The Frontier of Idiocy"
Just when you think you've seen the frontier of idiocy,
 someone finds more to conquer. --Columbus Dispatch (Ohio)
The Ohio Constitution says "All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary."
The Declaration of Independence states: "That to secure these [unalienable] rights, governments are instituted among men, deriving their just powers from the consent of the governed [the People]; that whenever any form of government [such as the judiciary] becomes destructive of these ends, it is the right of the People to alter or to abolish it...."  Also, "But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their [the People's] right, it is their duty, (emphasis added) to throw off such government, and to provide new guards for their future security."
That duty of the People is an inherent, natural right which does not depend upon any document for authority; nevertheless it is recognized by the State of Ohio and the Founding Fathers of this country. J.A.I.L. is the manifestation of that inherent right of the People and needs no outside authority for its implementation by the People.
In view of that as a foundation for J.A.I.L., one has to shake his head in wonder that the Columbus Dispatch newspaper in Ohio, would even think of publishing an editorial (see below) referring to J.A.I.L. as "this crackpot measure," and beyond "the frontier of idiocy." Obviously those remarks are based on the numerous misrepresentations about J.A.I.L. appearing throughout the report.
The Editor of the Columbus Dispatch has violated the Code of Ethics of professional journalists which states in its preamble that the "duty of the journalist is to ... seek[  ] truth and provid[e] a fair and comprehensive account of ... issues."  http://spj.org/ethics_code.asp and he should be held responsible for the fraud and deception of this shameful reporting!
-Barbie, ACIC, National J.A.I.L.
Mr. Bill Wood of North Carolina, in responding to this piece of trash, puts us on notice as follows:
----- Original Message -----
From: Mr. B. Wood
To: info@jail4judges.org
Sent: Wednesday, December 28, 2005 4:23 PM
Subject: Re: Get Out Of JAIL Initiative Unnecessary -- IMPORTANT RESPONSE

"Allowing people to sue judges over unfavorable rulings"
To PREVAIL, it is ABSOLUTELY CRITICAL that J.A.I.L. representatives begin crafting Press Releases and bombard the papers and TV with them regularly. 

J.A.I.L. IS NOT about disgruntled litigants suing judges, J.A.I.L. is about Judicial Accountability and STOPPING Judicial Corruption.  It is about STOPPING Judges from violating the law, the Constitution, and individual's rights.  J.A.I.L. is narrowly defined to address very specific judicial ABUSES, not about disgruntled litigants, it's about ABUSED litigants.
This is a CLASSIC political tactic to reframe and CHANGE the debate.  You MUST address this quickly, and begin trying to get your message out that the legal system is LYING about the real nature of J.A.I.L....
The Columbus Dispatch
Get out of JAIL
Initiative unnecessary; system already places checks
on judicial branch
Tuesday, December 27, 2005

Allowing people to sue judges over unfavorable rulings could have grave consequences for the integrity of the judicial branch. But that's the trend that might sweep the country if a certain ill-conceived initiative is successful in a few states.

The Judicial Accountability Initiative Law, or JAIL, will be on the ballot in South Dakota in November 2006. If the constitutional amendment passes, residents who believe they were wronged by a judge's ruling or actions could sue. Judges generally have immunity from such lawsuits.

A special grand jury consisting of registered voters over the age of 30 would decide whether the claim has merit and whether the judge used flawed reasoning, disregarded evidence or acted unethically. If so, a judge could be subject to fines or jail time. Three strikes, and he's out of office.

In another strange provision, the legislature would have to find a home for the grand jury that is farther than 1 mile from any "judicial body," whatever that means.

This is completely unnecessary. All states have measures to rein in wayward jurists. Many state constitutions, including Ohio's, have provisions for the removal or impeachment of judges.

Along with South Dakota, supporters have set their sights on Nevada, Idaho and New Mexico in 2006. Chapters of JAIL supporters and versions of the amendment exist for all 50 states and the District of Columbia.

Two Californians, Ron Branson and Gary Zerman, crafted this initiative after a personal setback. Branson, in particular, tried in 1999 to take his fight with Los Angeles over a parking ticket all the way to the U.S. Supreme Court.

The pair told The Sacramento (Calif.) Bee that victories in other states will "wake the sleeping giant" of Americans' resentment against judges and raise the $1 million to propose the issue successfully in California, their ultimate goal.

Just when you think you've seen the frontier of idiocy, someone finds more to conquer. This process would poke a hole in the tradition of an independent judiciary. That's one aspect of democracy that cannot be found in countries with dictatorial regimes.

Should every ruling be subject to the whims of 25 people? Could judges serve honestly and impartially if every ruling could mean the loss of their jobs? Under such a law, judges could be sued not only for such blatant violations as graft but also for highly subjective standards, such as "sophistry." This would be a system ripe for abuse.

Further, America's system of checks and balances works. The right to appeal has been around for centuries.

And if a judge breaks the law, he's arrested, tried and punished. Think Donald S. McAuliffe, the former Fairfield County municipal judge who burned down his own house for the insurance money. He was sentenced to 17 years in federal prison.

In Ohio, if local or state judges consistently behave badly or make sketchy rulings, residents can vote them out of office. And if an Ohio judge violates the ethical standards set by the bar, anyone can file a grievance with the Office of Disciplinary Counsel. According to this state's disciplinary counsel, Jonathan E. Coughlin, the other states have similar procedures.

The counsel relies on trained investigators, lawyers and its subpoena power. If a grievance has substance, the counsel presents evidence to a three-person panel at the Board of Commissioners on Grievances and Discipline, which decides whether the case should go forward.

Then a separate three-person panel from the board, none of whom is from the judge's appellate district, hears the case and makes a recommendation for punishment. That finding goes for review in front of the entire 28-member board, made up of lawyers and lay people. If upheld, the decision is submitted to the Ohio Supreme Court, which either agrees or alters it.

This exhaustive procedure is funded by the bar-registration dues paid by all lawyers; no tax dollars are involved.

Only a conspiracy theorist would believe that all of those people involved in all of those processes are in league to keep corrupt and incompetent judges on the bench. Wherever this crackpot measure crops up, Americans should reject it.

J.A.I.L.- Judicial Accountability Initiative Law - href="../../State_Chapters/dc/DC_initiative.doc">www.jail4judges.org
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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    <><

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