Injustice anywhere is a threat to
justice everywhere.
�The Rev. Dr. Martin Luther King Jr.
�In a government by the people and for the people, it is to the
people that accountability must be enforced.� So says JAIL4Judges, a
national grassroots organization seeking to restore accountability
by the judiciary.
It is no secret to anyone who has had contact with them that the
courts of this country and their officers are saturated with
corruption. Anyone expecting to get justice there is destined for a
galling disappointment.
Michael Fox, a commissioner in Butler County, Ohio, wrote of some
of his county�s court system in 2003: �The Domestic Relations and
Juvenile Courts of Butler County foster a culture of secrecy, fear
and judicial abuse that violates the most fundamental and sacred
rights guaranteed by our nation�s Constitution�the right of due
process of its laws. Those who are most directly affected by
decisions of these courts�parties to the actions�are routinely
excluded from court proceedings and deliberations, told to wait
outside the hearing room in a hallway while their lives, personal
property, children and homes are divided up by strangers.
�The world of juvenile and domestic relations is a secret world
where the courts treat public scrutiny with open contempt and
hostility. The pretense for this secrecy is to protect families from
embarrassing disclosures about their personal and private lives. The
real function, however, is to protect the court from public
scrutiny.�
Judge Barbara Gorman of Montgomery County, Ohio, went to the
heart of the issue. She said: �Public trust depends on the openness
and accountability of courts and their proceedings. Access serves as
a check against misconduct, ineptitude, and corruption in criminal
trials and promotes public confidence that justice is being fairly
administered by judges and prosecutors. Institutional integrity is
at risk whenever openness yields to secrecy, no matter how
well-intentioned.�
Dr. Les Sachs, writer, journalist and expert on legal corruption
in this country, commented: �The reality is that the United States
of America, which proclaims itself the �land of freedom,� has the
most dishonest, dangerous and crooked legal system of any developed
nation. Legal corruption is covering America like a blanket.�
In Winnebago County, if you want a record of your court
proceeding, you must hire a court stenographer, at an extremely high
cost for the average citizen; the system does not provide it. And
don�t even try to get a copy of the rules of the court, it is top
secret.
JAIL4Judges is fighting back. This coming fall, in South Dakota,
it will launch a ballot initiative aimed at curbing judicial abuse
of the doctrine of so-called �judicial immunity.� The initiative
will be presented for ballot positions in all the other states as
well. The people have had enough.
JAIL4Judges seeks to stop deliberate violation of the law; fraud
or conspiracy; intentional violation of due process; disregard of
material facts; judicial acts without jurisdiction; blocking the
lawful conclusion of a case; and any deliberate violation of state
or federal Constitutions.
Just how accountable is the civil justice system today? What
protections do consumers have against unethical lawyers? Take a look
at a few statistics.
According to the American Bar Association, 121,000 complaints
were filed against the nation�s 1.2 million lawyers in 2002. Of
those complaints, only 3.5 percent resulted in formal discipline,
and only 1 percent led to disbarment. Some 96.5 percent of these
121,000 complaints ended with NO discipline or informal slaps on the
wrist in the form of �private sanctions.�
One study, carried out in 50 states (including the District of
Columbia), showed that lawyers make up about two-thirds of the
panels adjudicating attorney discipline complaints. The same study
found that in 12 states, lawyers comprise 100 percent of the
discipline panels.
A national survey by the Columbia Law School revealed that two of
every three Americans don�t believe lawyers are even �somewhat
honest.�
In 2003, a poll by CNN/USA Today/Gallup, found 84 percent
of Americans do not believe lawyers have �high ethical standards.�
The National Law Journal reported 69 percent of Americans think that
lawyers are more focused on making money than on serving their
clients.
And what about the judges? How does the public perceive the civil
justice system? A study made by Justice at Stake asked, �How would
you rate the job being done by judges in your state?� The group
reported more than a third of those surveyed answered �fair� or
�poor.�
The same study asked respondents how well the term �independent�
described their judges, they answered �not too well� or �not well at
all� in more than 34 percent of the cases.
Clearly the American legal system needs a good and thorough
housecleaning. As JAIL4Judges rightly concludes, accountability is
the only solution.
They propose, through their JAIL4Judges bill, to establish
special grand juries to weigh the evidence in cases of complaint
against a judge. Members of these juries would be ordinary Americans
who have no links to other branches of government and are not
members of the Bar. They would function in a case only after all
other remedies have been exhausted.
These special grand juries would hold the power to strip away
judicial immunity from judges who are targets of complaints of
criminal acts, and they will be able to investigate, indict and
initiate criminal prosecution of wayward judges.
These juries would be able to address such issues as ignored
laws, ignored evidence, eminent domain abuse, confiscation of
property without due process, probate fraud, secret dockets,
falsifying court records, misapplication of law and other types of
abuses.
That these conditions and abuses exist in Winnebago County and
northern Illinois is no secret. Many have come to this newspaper
with tales of mistreatment and deception at the hands of local
judicial circuits.
Ohio Commissioner Fox asks: �Where is the outrage? The answer:
The outrage is muted by an incestuous network of insiders who are
spared the crucible of public scrutiny by a system that operates
behind locked doors, disciplined by a real fear of being punished if
the members ever break ranks and rail against the injustice they see
daily.�
Lawyers in Winnebago County have told this newspaper if they go
against the system, the judges and other lawyers will pound them in
almost every subsequent case, whenever the slightest opportunity
exists. Everyone gets in line, sooner or later.
It�s up to us to change this shameful situation. For more
information about how to go about it, contact www.jail4judges.org.
From the Feb. 22-28, 2006, issue