J.A.I.L. News
Journal
______________________________________________________
Los Angeles,
California November
14,
2005
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href="">www.SouthDakotaJudicialAccountability.org
46,800 South Dakotans say
YES to judicial accountability
46,800 South Dakotans say
NO to unconditional judicial
immunity
______________________________________________________
Beware of The
Phrase:
"Independence of the
Judiciary"
JUDGES ARE NOT ABOVE THE
LAW
By Barbie, ACIC National
J.A.I.L. Administration
The People must beware of
the phrase, which will be touted more and more frequently by our
opponents, "Independence of the Judiciary" and its derivatives, such as
"judicial independence," "independent judiciary," "judges should remain
independent" and others. The word "independence," when connected to the
judiciary in the current system, means
arbitrary; and should raise a red flag of
caution every time you hear it or read about it. It means the judiciary
wants to be left alone and remain unaccountable to the
People.
The term "independence" as
it applies to the three branches of
government is always to be viewed as a
sword, and not as a shield; i.e., each branch
is not dependent upon the other two for its actions. Example: the
executive (prosecutor) may prosecute any member of the judiciary
[executive sword]; the legislature may impeach any member of the
judiciary [legislative sword]; the judiciary may hold any member of the
executive or the legislature in contempt of court [judicial sword]. No
branch of government has a shield of
"independence" from the other two; and certainly has no independence
from the People --including the judiciary.
"Independence" as it
applies to the People is inherent in the
People; i.e., they don't need the permission of government, including
the judiciary, to be independent. The independence of the People
is manifest through juries-- grand and petit. The statement by Mr.
Riter of the South Dakota Bar Association (SDBA), to wit:
if an effort like that [J.A.I.L.] was successful it would likely destroy
the current independent nature of our judiciary is a
misrepresentation, since there does not exist an "independent
nature of [the] judiciary" as it relates to the
People-- only as it relates to the other two branches of
government. Mr. Riter interprets "independence of the judiciary" as if
it were a shield, but "independence" is never a
shield in any instance. The judiciary, contrary to
the suggestion by Riter, was not established to operate inside
a bubble.
Bob Riter, President of
the SDBA, opens his President's Page with Judicial independence is the touchstone of our legal system.
href="">http://24.230.151.131/officers/prespage.htm. The
term "judicial independence" relating to our current legal system as it
operates de facto (outside the law), is certainly true. However,
that "touchstone" conflicts with the touchstone of due process which,
the U.S. Supreme Court has ruled repeatedly, is "protection of the
individual against arbitrary [i.e.,
independent] action of government." [Emphasis added] [See
Daniels v. Williams (1986) 474 U.S. 327, 331].
As characteristic of what
passes off as our "government" generally, the current legal system
--and more precisely the judicial system-- has, by abuses and
usurpation of power, developed into an out-of-control tyrannical force
that continually harasses and abuses the People. And within the current
legal system, there is no recourse
available in practice for the People to use when their rights are
abused. Until recourse for the People becomes a reality through
J.A.I.L., the judiciary will remain unaccountable and free to do
whatever they please (i.e., act arbitrarily)--
that is what is meant by "judicial
independence" in the current system! Mr. Riter wants the People to
leave the judiciary alone and preserve the
status quo of judicial tyranny so that it can continue its unbridled
power of oppression against them. (Is that insulting the
intelligence of the People, or what?)
As we have seen by
the diatribe of Tom Barnett, writing and speaking on behalf of the
South Dakota Bar Association, the SDBA has already insulted the
intelligence of South Dakotans. Mr. Barnett has now passed the baton
to his colleague, Bob Riter of the SDBA who is continuing the race to
hoodwink the South Dakotans with statements including, for
instance:
-
Society's well-being is dependent upon an independent
judiciary standing ready to resolve disputes and interpret
law;
-
Its (J.A.I.L.'s)
effect is to allow those who are disappointed with a judicial
result to challenge the Court outside of our existing legal
processes;
-
It is the best system ever designed to peaceably and
thoroughly resolve issues.
Again the SDBA, this time through Mr.
Riter, insults the intelligence of the South
Dakotans by trying to convince them in effect
that:
-
"Judicial
independence" is really for their good;
-
They don't need a
judiciary that is accountable to the People under
law;
-
It is
not their responsibility to act to assure
that their rights are protected by government;
-
South Dakotans are
not to alter or reform their judiciary by
passing a measure that would hold judges accountable to themselves
under constitutional standards, even though the South Dakota
Constitution recognizes that as their right to do. (Art.VI,
�26);
-
In
actuality, judges are above the law
and should remain that way!
Mr. Riter is
asking all lawyers join him in his endeavor to further insult
the intelligence of the people of South Dakota. We suggest that all
lawyers, and anyone else joining in the "judicial independence"
propaganda, understand that:
-
46,800 South
Dakotans realize that South Dakota judges
do abuse their authority and make
unlawful and corrupt rulings.
-
46,800 South Dakotans
realize that South Dakota judges should
not have unconditional immunity from
liability for unlawful and corrupt rulings.
-
46,800 South Dakotans
realize that South Dakota judges must be held
accountable to the People under the state and federal
Constitutions and laws made in pursuance thereof.
To try to convince South
Dakotans otherwise is foolhardy, and will further erode the integrity
of lawyers, as if it could be further debased from the rock-bottom
level it now holds.
Remember: "Judicial Independence" is
NOT what you are led to believe it is by the Legal Industry Cartel led
by the Bar Association.
Judges are not above the
law!
-Barbie-
J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
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striking at the
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