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