Eye-Witness to
        Judicial Abuse
      
      
        in South
        Dakota
      
      
        Mr.
        Barnett, of the South Dakota State Bar, Challenged to
        Debate
      
      
      
         
      
      
        I for one would challenge the state bar
        of South Dakota
      
      
         to openly debate the issue of
        judicial misconduct.
      
      
        Let's have an honest and fair debate and
        let the people
      
      
        decide the issue. I think all I am
        trying to convey to you
      
      
        is that the issue needs addressing
        openly and honestly.
      
      
                                                                 
        -- David Estes
      
      
         
      
      
        Mr. Dubow, CEO, Gannett
        Publishing
      
      
      
         
      
      
        cc: Mr.Arnold Garson,
        Manager, The Argus Leader
      
      
      
         
      
      
        Mr. Dubow:
      
      
        I understand that you are the CEO of Gannett
        Publishing. I am writing to you to voice my concerns about an article
        and recent stories appearing in one of your subsidiaries called The
        Sioux Falls Argus Leader managed by a Mr. Arnold Garson.
      
      
         
      
      
        The article in question was written by a Mr.
        Thomas Barnett of the South Dakota State Bar and originally appeared in
        the Rapid City Journal. The Argus Leader printed the letter on October
        16th, 2005. The article itself was about an initiative being circulated
        in the state of South
        Dakota called the South Dakota Judicial Accountability Initiative which
        in a nutshell, calls for a system to monitor the conduct of Judicial
        authorities.
      
      
         
      
      
        Normally I would not get upset at anyone's
        opinion about a political debate except in this case the claims made by
        Mr. Barnett who claims to be the executive director of the South Dakota
        State Bar were without merit. Indeed if Mr. Barnett was under oath he
        would be charged with perjury. Compounding this error is the fact that
        your newspaper allowed a reporter for the Argus Leader to print an
        article recently which mirrored the October 16th article by Mr.
        Barnett. Both articles were not accurate.
      
      
         
      
      
        Mr. Dubow, there is a national problem with
        the misconduct of judges and abuse of power by those in the judicial
        system. I personally have seen the abuse. I was a police officer for
        twenty-five years and can recite some rather horrendous cases
        concerning judges.
      
      
         
      
      
        The initiative in South Dakota is trying to
        address the problem of judicial misconduct. The judiciary governs
        itself which is unheard of. When abuse occurs, the judges are immune
        from any legal reprecussions. Government is accountable to the people.
        When accountability to the people ceases then we might as well appoint
        a king or a dictator to rule.
      
      
         
      
      
        It seems to me that a person in your
        position who has the ability and responsibility to investigate wrong
        doing should not turn a deaf ear to those that are trying in their own
        way to correct a problem with our system of government. Judicial abuse
        needs to be examined and debated. To me your newspaper is not
        presenting fair and unbiased information. Instead it is slanting its
        coverage in favor of the State Bar and its members.
      
      
         
      
      
        I for one would challenge the State Bar of
        South Dakota to openly debate the issue of judicial misconduct. Let's
        have an honest and fair debate and let the people decide the issue. I
        think all I am trying to convey to you is that the issue needs
        addressing openly and honestly. I hope that you take my opinion into
        account before any more misinformation is printed by one of your
        newspapers. Thank you for your time.
      
      
         
      
      
        David Estes
      
      
        Vashon WA
      
      
        206.463.5494
      
      
      
        
      
      
        
           
        
        
          Bill
          Stegmeier:
        
        
           
        
        
          .... I don't know how
          long you have lived in South Dakota, but I lived there as a kid. The
          Deadwood Lead prostitution was in full swing. The judges, the sheriff
          and the police were all involved in a tolerance policy. I remember
          some years ago that a young prosecuting attorney finally had the
          balls to shut the whore houses down.
        
        
           
        
        
          If anyone thinks that there
          is not a problem with judges, they only have to look at Deadwood
          and Lead to see what has happened in South Dakota in the past. When I
          got out of the army in 1966 I went looking for an apartment in Lead.
          I ran into the pine rooms. Was going to rent a room, but no one
          answered the door. My brother had a good time with that one at my
          expense. I didn't know it was a whore house. My brother caught the
          prosecuting attorney of Strugis coming out of one of the rooms. The
          prosecutor made a quick deal to leave my brother alone. (My brother
          was always getting into fights).
        
        
           
        
        
          Anytime anyone tries to
          tell you that there has not been a problem with judges in South
          Dakota, give them my phone number. I will set them
          straight..
        
        
           
        
        
          David Estes
        
       
      
      
         
      
      
         
      
      
        
      
      
         
      
      
        
          David Estes,
          
          Thanks for the great letter to Dubow.
          
          The Argus Leader, as well as the Rapid City Journal, seems to
          have printed Barnett's rant as opinion, thereby relieving
          themselves from any due diligence in checking his veracity.
          
          The good news is that we have been afforded an equal amount of ink by
          these newspapers to rebutt Barnett.
          
          Check this coming Sunday's www.ArgusLeader.com  (Click on "Letters")  for our rebuttal,
          which is below.  Hope they don't edit it.  I don't
          think they will, as they can see there is a chance for bickering,
          which they need to sell papers.   (Of course it's already obvious which horse is
          theirs.)
         
        
           
        
        
          We, as
          Barnett, were limited to 500 words.  Gary Zerman and Ron
          Branson contributed, but the Argus doesn't print more than one
          person's name as author.
        
        
           
        
        
          We are working on a great
          pot of SD Judicial Accountability stew.  In all fairness,
          someone should tell Barnett and his gang what spices we still plan to
          add!  (Hooters invented what they call "Three Mile Island" hot
          wings.  I invented what I call "Chernobyl Chicken"! 
          Barnett needs to know we carry our spices in our
          holsters.  Let's cook!)
        
        
          
          Bill
          Stegmeier
        
        
       
      
        
      
      
        Please read
        the Initiative, Mr. Barnett
  
        By Bill Stegmeier, Treasurer,
        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.
        
          href="">http://www.argusleader.com/apps/pbcs.dll/article?AID=/20051016/OPINION03/510160324/1006/ARCHIVE
           
          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.
          What is Barnett smoking?  First off, the Initiative prohibits
          "stacking" the jury, let alone with the miscreants Barnett
          envisions.  Secondly, the Initiative does not authorize the
          release of prisoners so they 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".
           
          Visit: http://www.sd-jail4judges.org - click "Judicial
          Immunity".   Learn the truth about what our judiciary has
          become.
           
          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 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 that this group is comprised mostly of judges
          and lawyers.  Hey, wait a minute.  That's like giving a
          group of inmates badges, and telling them they're now guards!
           
          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.
           
          Read the Initiative at
          http://www.SouthDakotaJudicialAccountability.org.
          You'll be one step ahead of Mr.
          Barnett.