This FMNN
news commentary is based on the NAMIC article covered in our JNJ
dated March 21st "The Cozy Relationship
Between Judges and Insurance Companies." As with our other
opponents to Amendment E, particularly the S.D. Bar Association and
the Legislature, the insurance industry (NAMIC) has now joined in
spreading propaganda and misleading information about the South
Dakota J.A.I.L. Initiative. Although we have written numerous
responses to previous articles of propaganda, and to the false and
fraudulent material contained in the resolution "HCR1004,"
subsequent articles such as that posted by NAMIC repeat the same
false information.
We remind our
readers and the South Dakota voters of the
following:
The J.A.I.L. process reviews only alleged
procedural violations by
judges, i.e., officials authorized to make
final rulings on constitutional questions. That would
EXCLUDE "public policymaking
boards," "school board members, parole board members, and
similar public bodies." I repeat what was stated in our
JNJ 3/22 "Not WHO, But WHAT"
-
[I]t would
necessarily be limited only to those having authority to finally
rule on constitutional procedural issues as set forth in �2 of the
Amendment. That limitation would eliminate administrative agencies,
such as "boards" and "councils" etc. since they do
not have such final authority. In order
to qualify for J.A.I.L. scrutiny, a litigant would have to first
exhaust all judicial remedies which are
presided over by judges having authority to
finally rule on administrative proceedings involving constitutional
questions. "Boards" and "councils" are not part of the
judicial remedy required under
J.A.I.L.
It'll be up
to the People to decide whether
they
(a) want to change their form of
government, pursuant to Article VI �26 of the South Dakota
Constitution, to provide for a judiciary that protects
the individual from arbitrary action of government,
or
(b) are willing to continue the status
quo where the judiciary is NOT accountable to the People nor to the
law for their actions in depriving the
individual of fair and lawful procedures for redress
of grievances.
Ask
yourselves, "Who stands to be hurt if Amendment E is not
passed?" Would it be the Bar Association and lawyers?
Would it be the Legislature? Would it be the insurance companies
and agencies?
No! IT WOULD BE THE VOTERS OF
SOUTH DAKOTA WHO WOULD BE HURT.
People, the
choice is clear:
Vote YES on Amendment E for your future and your own
good!
-Barbie