The Problem our Legal System
September 22, 2012
Legislators and friends,
The
Solution: State Legislation
It is inherent in the nature of
the state that sovereignty must be, Absolute
and Perpetual. No Governing body or power can be absolute, unless it is by the
people. Every Congressman or woman knows that the states are sovereign and it
is their sovereign duty to protect our fundamental rights from
all enemies to the Constitution and Republic foreign, domestic and that
includes the Judicial Branch and the Federal government.
We have plenty of people that have
combined forces that have drafted state legislation ideas that will fix many of
these problems. This is a conservative process, conservative approach and
lastly it’s exactly what our founders put in place to protect our Sovereignty
and our civil rights as a society. The State has to be sovereign in
its ability to guarantee the best interests of its own citizens!
The Constitution is but a piece of
paper to these people. It has to be a living breathing document that brings
life into our hearts and minds. This is an intense peril to our Life, Liberty
and the Pursuit of Happiness, and the voters are demanding changes – real
changes are needed and the Legislature needs to act on it appropriately! Problems in the family court and
Juvenile system will persist until judges and other court officials are held
accountable for following the law.
1. All court proceedings need to be video recorded,
and all parties shall have the right to do their own recording of all
proceedings.
[Judges and attorneys get away with lies, concealing the voice
deflection of their comments, and falsifying court transcripts; this will be a
tool to make them more accountable while protecting the fundamental rights of
the parties.]
2. Each elected official and every
government employee in the state, including all federal elected officials and
federal employees operating in the state, shall be required to sign a Contract
with the Citizens of the State and the United States that requires them to be
honest at all times and defend the fundamental rights protected by the
Constitution and Bill of Rights.
[This Contract makes all elected officials accountable to the
people; they are essentially accountable to no one at this time. Violation of the Contract will be presented
to a Special Grand Jury.]
3. Judges must address all points raised
by all parties in every court decision with a clear explanation with citation
to determining facts, statutes, and case law.
[One of the dishonest/corrupt techniques used by judges is to ignore
the issues, facts, and law. By forcing
judges to address the issues, facts, statutes, and case law on each issue in
their orders, judges will either treat the parties fairly or expose themselves
for all to see. When judges violate this
provision, an aggrieved party will now have the ability to take the matter to a
Special Grand Jury.]
4. Appellate judges must address all
points of error in every appellate decision with a clear explanation with
citation to determining facts, statutes, and case law.
[Appellate judges are even more dishonest than lower court judges
when it comes to ignoring the issues, facts, statutes, and case law. By forcing judges to address the issues,
facts, statutes, and case law, judges will either treat the parties fairly or
expose themselves for all to see. When
judges violate this provision, an aggrieved party will now have the ability to
take the matter to a Special Grand Jury.]
5. Judges
must insist that people tell the truth in court with extreme consequences for
those who don't.
[There are rules that will make the legal process infinitely different,
fair and less expensive. Judges must
honor and enforce the rules. It is one
of the only ways to get witnesses and attorneys to be more honest.]
6. Perjury is a cause of action that will
be allowed in a civil suit with an automatic jury trial.
[Currently, people can lie repeatedly in court, and those damaged by
the perjury have no recourse, and judges do nothing. Citizens need the ability to seek damages
against witnesses in court who commit perjury. DS’s state the “bar” is entirely
too high and that is why they never charge this offense.]
7. Attorneys
must go by the letter of every law and every professional rule. Judges must subject attorneys to onerous
consequences for violations.
[There are rules that will make the legal process infinitely better
and less expensive. Judges must honor
and enforce the rules. It is one of the
only ways to get attorneys and judges to be honest.]
8. Attorneys
who violate their Code of Professional Conduct shall be referred to a Special
Grand Jury.
[Attorneys are a big part of the problem with the legal system. If they followed their Code of Professional
Conduct, the legal system would be much different, and the expense of
litigation would be dramatically reduced.
Accountability by an independent Special Grand Jury should have amazing
impact.]
9. "Motion
practice" must be minimized. Judges
must hold conferences and allow attorneys and pro se parties to communicate
important issues directly to judges.
[In federal courts especially, judges avoid all contact with the
attorneys and parties. They force the
parties to file motions, responses, and replies to motion after motion. This runs up massive legal fees and provides
infinite opportunities for misconduct and mistreatment of the parties.]
10. Judges
may not dismiss a case or enter summary judgments when a jury trial has been
requested.
[Judges corrupt the judicial process by depriving parties of a jury
trial. Juries must make the decisions in
legal matters -- not judges.]
11. All
family court, juvenile and CINC trials shall be by jury.
[Family court abuse and corruption is one of the most
widely-criticized. Judges and their
friends involved in the family court process create a situation ripe for
injustice and corruption. We must remove
the judges from this life-altering process for so many people. Let a jury of local citizens with their own
families make these serious decisions.]
12. All
court cases involving the government or a government employee must be trials by
jury, and summary judgments will not be allowed in such cases to avoid the
prejudice of a government employee judge having bias for another government
employee.
[Bias must be protected against at all costs. It is only human nature for us to
"protect our own." This must
no longer be allowed.]
13. Judges
may not ignore or change the rules of civil procedure.
[Judges may favor one attorney or party over another by selectively
ignoring the rules or independently making their own after-the-fact rules. There are rules, and everyone must adhere to
them. Judges must not be given the power
to deprive a party or attorney of the protections and requirements of published
rules.]
14. All
orders must be signed by the judges involved.
[In many cases, the judges do not sign the orders. There is no way to know if the judges
actually participated in the decision.
Every order must be signed by the judges involved to prove that they
participated in the decision and to make the orders valid. They must list out
their ruling per Rule 165 as to the legal foundation for the finding]
15. All court decisions shall be
published.
[Courts do not publish many of their orders. This keeps others from seeing their
wrongdoing and mistakes. By publishing
every decision, judges will have to do a better job, and they will be exposed
to criticism by other judges and attorneys who identify their mistakes.]
16. The
votes of each judge involved in a decision shall be made part of the public
record.
[When multiple judges are involved, the parties and the public
deserve to know how each voted.]
17. Judges
must adhere to sentencing guidelines.
[There must be rules, and the place for a judge in the process is to
go by the rules. We must minimize
interpretation and freedom for judges to do whatever they want, because that is
what has made our judicial system so unfair and corrupt.]
18. Campaign
contributions are not allowed for funding judicial campaigns.
[Campaign contributions create the perfect opportunity for
corrupting the judicial system.
Elections for judges should be done with no contributions of any type
allowed.]
19. There
shall be no requirement of a legal degree and legal experience for judicial
positions in cities, counties, and states.
[Lawyers are a big part of the problem with the legal system. Lawyers as judges come to the position with a
built-in prejudice for their friend attorneys and may have a bias against
attorneys they faced. If the
participants in a case go by the rules and the law, any intelligent person can
serve as judge. It is unfair to limit
judge positions to attorneys.]
20. Parties
may represent themselves in all legal proceedings in the State. Corporations, Limited Liability Companies,
Partnerships, and other legal entities may also be represented by an officer of
the corporation in legal proceedings, and representation by an attorney shall
not be required.
[Statutes say that parties may represent themselves, but all of the
attorneys involved in the law-making and judicial processes have twisted the
intent of the law to force legal entities to spend zillions of dollars on attorneys. Pro se parties (those individuals who
represent themselves) are generally discriminated against by judges, and this
must not be allowed. Allowing legal
entities to represent themselves will save billions of dollars in legal fees
and will dramatically reduce the costs of operating the judicial system.]
21. A
spouse may represent his or her spouse in legal proceedings if there is a
properly executed power of attorney granting such right.
[Once again, judges ignore the law and refuse to allow an individual
to be represented in court by someone pursuant to a power of attorney. This must be stopped. When a power of attorney grants a person to
handle legal matters, it must apply to anyone in any legal matter, especially
litigation.]
22. All
pro se parties shall be given the ability to make electronic filings, if they
choose.
[In most courts, only attorneys are allowed to file
electronically. This also enables them
to file just before midnight on a due date.
Pro se parties are forced to print everything, and they have to file by
the time the clerk's office closes (usually 5 pm or earlier). This inflates the cost for pro se parties,
increases the costs of judicial personnel, and gives an unfair advantage to the
attorneys. Pro se parties should take
online training on how to use the electronic filing system, and they should
have the option to save money and time by filing electronically.]
23. Pro
se parties now represent approximately one-third of all parties in lawsuits.
Each county in the State will establish an office with at least one staff
attorney to assist pro se parties at no charge. Anybody can help or assist
another party even a non lawyer.
[Pro se parties usually cannot afford attorneys. Some courts provide assistance, but most don't. One-third of the citizens involved in the
legal process must be helped.]
24. Each county shall have grand juries, and
citizens will be able to directly present charges of government misconduct and
corruption to a Special Grand Jury.
[Article of Amendment V of the Bill of Rights gives grand juries the
power to deal with judicial and government wrongdoing through the power of
Presentment. Not all states have county
grand juries, but they are needed in every state in every county. Where grand juries do exist, government
officials may block a citizen's access to the grand jury, and this will be
fixed through this clause.]
A complaint for criminal
conduct of a judge may be brought directly to the Special Grand Jury upon all
the following prerequisites: (1) an affidavit of criminal conduct has been
lodged with the appropriate prosecutorial entity within ninety (90) days of the
commission of the alleged conduct; (2) the prosecutor declines to prosecute, or
one hundred twenty (120) days has passed following the lodging of such
affidavit and prosecution has not commenced; (3) an indictment, if sought, has
not been specifically declined on the merits by a county Grand Jury; and (4)
the criminal statute of limitations has not run. Investigative grand juries may compel
evidence and subpoena witnesses; may compel production of documents filed under
seal; may inspect records, documents, correspondence, and books of any
department, agency, board, bureau, commission, institution, or authority of the
state or any of its political subdivisions; and may require the production of
records, documents, correspondence, and books of any person, firm, or
corporation which relate directly or indirectly to the subject of the
investigation being conducted by the investigative grand jury. Each Special
Grand Jury shall have exclusive power to retain non-governmental advisors,
special prosecutors, and investigators, as needed, who shall serve no longer
than one year, after which term said officers shall be ineligible. Notwithstanding
the one year, a special prosecutor may be retained to prosecute current cases
in which they are involved through all appeals and any complaints for judicial
misconduct.
[This provides terms for the implementation of this clause.]
25. Special
Grand Juries shall be responsible to ensure that government officials are
honest above all else. The Special
Grand Jury shall require active investigation of politicians for corrupt
behavior.
[This is essential if we are to minimize corruption. The power must be in the hands of the
citizens.]
26. All
judicial misconduct complaints will be handled by a Special Grand Jury. The judicial system will cease “policing”
itself. All judicial complaints will be
made public.
[Expecting judges to discipline their friends (fellow judges) is not
at all right. Complaints are also kept
confidential. A Grand Jury composed of
citizens from the county will ensure fair consideration of the issues. Making the complaints public will allow
others to see the complaints that have been made, and it should serve as a
deterrent to those who might commit misconduct.]
27. All
attorney misconduct complaints will be handled by a Special Grand Jury. The
association of attorneys (Bar Association) will cease being the sole means of
“policing” attorneys. All attorney complaints will be made public.
[Just as with judges as discussed immediately above, expecting the
association of attorneys to discipline their members isn't the independent way
that complaints should be handled. Citizens
probably are not aware that the Bar Association is nothing but an association;
it isn't a government entity. Attorneys
do massive damage to people, and the way to minimize this is to make attorneys
accountable to a jury of citizens from the county.]
28. Judges
may be removed from office for cause.
Cause shall include deliberate violation of law, fraud, conspiracy,
intentional violation of due process of law, deliberate disregard of material
facts, using erroneous law, ignoring valid precedents, judicial acts without
jurisdiction, blocking of a lawful conclusion of a case, or any deliberate
violation of the Constitutions of the State or the United States and the Bill
of Rights as well as dishonesty.
[The reports of proven judicial corruption nationwide are
staggering; the scary part is all the corruption that the judges are able to
hide. The only way to keep judges honest
is to have a Grand Jury and the power to remove judges for cause.]
29. Complaints
about foreclosure fraud may be presented to a Special Grand Jury.
[Foreclosure fraud is a form of government-assisted corruption. Those in danger of losing their biggest asset
need help and fast. We the people need
to protect them.]
30. Parties
may present claims of attorney misconduct, judicial misconduct, clerk's office
misconduct, and law enforcement misconduct to a Special Grand Jury.
[Attorneys, judges, judicial staff, clerks of court, and law
enforcement all commit misconduct, and a Special Grand Jury provides the
independent tribunal that the citizens need.]
31. Complaints
about Child Protective Services (CPS) and other state agencies may be presented
to a Special Grand Jury.
[Government corruption may take place in any agency. CPS is an area where abuse is often alleged.]
32. It
shall be a child's right to be raised by his parent(s), free from government
intrusion; have an attorney of his choice; be heard in court personally; be
allowed to report abuse and know that the system will protect them; be
protected from mental and physical abuse by guardians as well as the judicial
system; and receive justice.
[Currently, the way children and their families are treated by the
judicial system is a crime in and of itself.
We the people must protect families and the children. These rights must be mandated because the
existing system is hopelessly broken.]
33. No
child may be taken from family without evidence and a hearing.
[Children are being removed from their homes at the whim of
people. This life-altering decision must
first be made in court and decided by a jury.
We cannot allow families to be torn apart by people who should have no
authority to take such serious action.]
34. All
children deserve to live a childhood free from abuse, exploitation, and
government interference during custody litigation.
[Custody litigation is devastating to many. The children must be protected not damaged by
the system.]
35. The
statute of limitations shall be eliminated in cases of sexual assault against
children. The statute of limitations
shall be eliminated in cases of perjury and fraud upon the courts.
[Laws must not be used to deprive citizens of recourse for
wrongdoing.]
36. Judges
must recuse themselves in specific circumstances, including if they are party
to a lawsuit with a litigant. Bias can
be demonstrated by actions in a lawsuit. All complaints of judicial bias will
be resolved by a Special Grand Jury if a party chooses to pursue the matter
after a judge refuses to recuse himself/herself.
[One of the areas of great abuse by judges is their refusal to
recuse themselves. Once again, if judges
went by the rules, the system would be fair...but they don't. Judges rarely recuse themselves when
outsiders would feel the judge has bias that should require them to recuse
themselves. Judges must be encouraged to
abide by the rules and the intent of the recusal process, and if they fail to
recuse themself three times when a Special Grand Jury says they should have,
they should be removed from office.]
37. No
immunities shall be extended to any judge in this State except as is
specifically set forth in this Law. The
theory of judicial immunity is to protect judges from frivolous and harassing
actions. However, deliberate violation
of law, fraud, conspiracy, intentional violation of due process of law,
deliberate disregard of material facts, judicial acts without jurisdiction,
blocking of a lawful conclusion of a case, or any deliberate violation of the
Constitutions of Florida or the United States and the Bill of Rights and
dishonesty are violations by judges that are not frivolous or harassing. A
Special Grand Jury's responsibility shall include determining, on an objective
standard, whether a civil suit against a judge would be frivolous and
harassing, or fall within the exclusions of immunity as set forth herein, and
whether there is probable cause of criminal conduct by the judge complained
of. Special Grand Juries shall also have
the power to independently pursue charges against any government officials
through the power of Presentment.
[Judges have manufactured claims of immunity for themselves using a
case from the 1800's that is archaic and not really even applicable. Judges must not be allowed to corruptly,
maliciously break laws, ignore laws and the facts, andf abuse parties. They must be held accountable for their
wrongs just as each of us is held accountable.
If judges don't like this risk, then they should get real jobs like we
all do.]
38. Should
the Special Grand Jury find probable cause of criminal conduct on the part of
any judge against whom a complaint is docketed, it shall have the power to
indict such judge except where double jeopardy attaches. The Special Grand Jury
shall, without voir dire beyond personal relationship, cause to be impaneled
twelve special trial jurors, plus alternates, which trial jurors shall be
instructed that they have power to judge both law and fact. The Special Grand
Jury shall also select a non-governmental special prosecutor and a judge with
no more than four years on the bench from a county other than that of the
defendant judge. The trial jury shall be selected from the same pool of jury
candidates as any regular jury. The
special prosecutor shall thereafter prosecute the cause to a conclusion, having
all the powers of any other prosecutor within this State. Upon conviction, the
special trial jury shall have exclusive power of sentencing (limited to
incarceration, fines and/or community service), which shall be derived by an
average of the sentences of the trial jurors.
[This procedure is essential for the effective implementation of
this Law.]
39. No
judge complained of or sued civilly shall be defended at public expense or by
any elected or appointed public counsel, nor shall any judge be reimbursed from
public funds for any losses sustained under this Law.
[Currently, the government office responsible for taking action
against a judge is also the office that provides counsel to represent judges at
the taxpayer's expense. Judges should
have to pay for their own legal counsel, or represent themselves, just as we
the people have to do.]
40. Any
judge or government official removed from office shall not thereafter serve in
any government or judicial position.
Retirement for such removed officials shall not exceed one-half of the
benefits to which such person would have otherwise been entitled.
[We must cease giving outrageous benefits to those who commit
wrongdoing.]
41. Attorneys
and government employees will not be eligible to serve on a Special Grand Jury.
[Attorneys and government officials have an automatic conflict of
interest and a natural bias for one of their own. Attorneys may also be risking their careers
due to reprisals from a judge or government official that they take action
against.]
42. All
Bar documents must be public record.
[Nothing in the legal world should be secret, especially complaints
about participants in the legal process.]
43. The
Model Code of Professional Conduct for attorneys shall become law, and the Bar
Association will cease to have the authority to discipline attorneys except as
members of their club.
[There is a conflict of interest to have the association of
attorneys disciplining their members for actions that affect citizens of the
state. The vast majority of problems
with the legal system and dishonest and corrupt government officials are with
attorneys. Many attorneys ignore their
so-called rules of conduct, and nothing is done about it. By making law out of the rules they are
supposed to operate by, the citizens will have a much better chance of a fairer
legal system.]
44. The Code of Judicial Conduct shall
become law, and fellow judges shall cease to have authority to discipline
judges.
[There is a conflict of interest to have judges in charge of
reviewing complaints against their fellow judges for actions that affect
citizens of the state. Many of the
problems with the legal system and dishonest and corrupt government officials
are with judges who are attorneys. Many
judges ignore their so-called code of conduct, and nothing is done about
it. By making law out of the Code they
are supposed to operate by, the citizens will have a much better chance of a
fairer legal system.]
45. All
attorneys and judges must pass a competency exam on constitutional principles,
particularly rights.
[States must ensure that qualified people are in place.]
46. Impose requirements for bonds on all
attorneys and judges, which they pay for out of their own pockets, and make it possible
for their victims to file complaints reviewed only by the Special Grand Jury.
[This will clean up a lot of corruption and dishonesty.]
47. This Law applies to federal courts as
well as state, county, and local courts, because federal courts and federal
judges are allowed to operate in the state as a guest of the state.
[Federal courts must not be allowed to operate in a dishonest or
corrupt manner. Federal employees
functioning in our state must abide by our state's laws.]
48. Corruption must be minimized in
government. [The government has not been able to
effectively deal with corruption in government.
We must put the power to deal with corruption into the hands of the
people. The provisions of this law are
designed to do just that.]
Next
week I will put together CINC issues! If for some reason you need to find out
more on certain subjects please don’t hesitate to call or email me or visit our
blog at http://kansasjudicialsystem-casemanagers.blogspot.com/
