2013 Legislative Ideas and Principles

As we head into this legislative session a few ideas and principles to pass along for a successful 2013! Good luck to all of you!!

Conservative Ideas - Building A Solid Foundation

Suggestions:

Accountability for Government

1)     Setting up the Redress of Grievances Committee. This committee will meet year round. This has been implemented or reintroduced in New Hampshire.

2)     Special Grand Juries - Complaints will come before them only after other legal remedies have been exhausted. The Juries should have the power to strip those judges of their protection of judicial immunity who are the subject of complaints for criminal acts and be able to investigate, indict, and initiate criminal prosecution of wayward judges and public officials.

3)     Executive and Legislative Branch Adoption of Originalism - Both the executive and legislative branches should be encouraged to adopt originalism as a mode of constitutional analysis when deciding on the constitutionality of executive and legislative branch actions and the constitutionality of legislation.

4)     Recall Statutes - Every elected official in the State can be recalled except for judges. This practice must end.

5)     A Public Integrity Act - This bill would allow or give the Attorney General the power to investigate Color of law violations and other criminal violations of “ANY” public employees in their capacity to do their jobs. This law would allow the Attorney General to go into any county without invitation to investigate these types of problems to prevent local corruption as well as suspend or place on administrative leave any public employee, or recommend a Grand jury investigation of those allegations.

6)     Secure the 2^nd Amendment for the State. Conceal carry on campus’s and public buildings.

7)     Cut State spending projects and employees. Many jobs can be supported through private business and contracts.

8)     Take the courts out of the family business - Domestic Courts were never designed or intend to be punitive. These courts were set up after the Constitution was written and to use the same adversarial settings as criminal courts is an absolute abomination to our society. Courts will no longer be able to order, hold or take children without documented evidence.

9)     Add voluntary "Citizen Review Boards/Panels". These can be selected by the County Commissioners, or others that provide for “NO” Judicial tampering or interference in this process. Mandate for every county.

10)  Immigration – Illegal means “Illegal”. We must stop the public funding of these individuals. There is a system and laws in place to be here “Legally”. This goes for schools, colleges, etc.

11)  Major reform in “not sending people to jail” for non-aggravated crimes i.e. (child support, trespassing, and other misdemeanors) to reduce the taxpayer cost. Consider fines for marijuana possession rather than jail terms or arrest? We do not have to participate in this "war on drugs" ignorance.

12)  Make major cuts in the funding of SRS, Youthville and other services that interfere in child development and family settings with a “state first” mentality.

13)  Making sure Capital punishment is instituted and carried out. That murder, rape, aggravated crimes are penalized accordingly for the crime.

  

Judicial Branch

1)     State ballots in 2014? Let the citizens of Kansas elect of our District court Judges for the state process.

2)     State ballots in 2014? Change the Constitution for the selection of the Supreme Court Justices.

3)     Change the Statutory law for the selection of the Appellate Court Justices. A Governor selection with a Senate majority approval..

        a.     HB 2101http://www.kslegislature.org/li/b2011_12/measures/documents/hb2101_00_0000.pdf

        b.     SCR 1606 http://24.123.107.252/blackbelt_kf/FMPro.php?-DB=BillTracker_KS_109&-lay=Description&-format=Bill_Detail_House_109.html&-RecID=706&-find

4)     Make sure the Statutory laws for the selection of the District Court and Magistrate judges can be opened up to (non-attorneys) and allow them to serve by the age of 18, as Texas has done for decades.

5)     Create voting Districts for both the Supreme and Appellate Courts. Give the State balance in representation on the State Courts.

6)     Look at taking the “retention votes” for State Judges to 75% to retain them, or raising them.

7)     No Judicial Immunity for Judges or others within the court system. Immunity was reserved for the legislators only in the Kansas Constitution.

8)     Abolish Judgeships and Lower Courts - The Constitution vests Congress with the power to create and abolish all courts, with the sole exception of the Supreme Court.

9)     Cutting court staff - It would be more cost effective to have video recorded court hearings, eliminating the need to pay a transcriptionist to transcribe the record of every hearing. You would only need to cite the record and the time, which would be recorded on the video. Voice inflection, body language and gestures would now be seen. Reduces cost!

10)  Limiting the General Application of a Judicial Decision - As the head of the executive branch, a Governor can command all executive branch agencies or its sub contracted agencies in certain circumstances to limit the application of a Supreme Court decision to only the litigants involved and otherwise ignore it as a rule of general application.

11)  The court lacks jurisdiction anytime it denies you the Bill of Rights or Amendments, especially Due Process. Any judges orders issued under these conditions are to be void immediately when found.

12)  Anyone can assist others in the courtroom. SCR 5.5 Law Firms and Associations: This legislation does not, in any way shape manner or form, define a non-lawyer assisting others, whereby it was legal to assist others in the State of Kansas. These rules were put in place originally for only disbarred attorneys. The practice of common law is a public arena, in which all those who are caught up in it are always advised that there is no excuse for ignorance of the law. Multiple areas of the law that are presented by non-attorney’s every day are (police, real estate agents, law clerks, lobbyist, etc. the courts cannot be allowed to regulate non-attorney’s.

13)  Judges will no longer hide behind "Broad Discretion or Best interest of the child" terms in Domestic or Juvenile Courts. The courts are using this term to expedite court settings without vetting the cases properly. These are parents not criminals. We took away the discretion from judges when it came to sentencing criminals or clearly limited their ability or range to sentence criminals with the National guidelines. This was due to their inability to do their jobs properly or consistently. When it comes to families these judges are using the bench to intimidate and place fear in these citizens and their families - this must stop.

14)  Case Management will be voided in whole state statute 23-3507. Limited Case Management and Mediation will be available to the parties and the courts, but actually having an individual trying to run families day to day affairs from afar and through the courts is over. This social experiment of government/judicial branch has gone awry and must end.

15)  All children over the age of 10 will be allowed to testify. This legislation already exists now in Chapter 38. Both Domestic and Juvenile Courts should be using this legislation. Statute 38-2262: Placement; testimony of certain children. We have to get the courts and the State Judiciary away from this idea that they are in control of our kids until 18 simply because someone filed for a divorce
.

16)  All Juvenile and Domestic courts will offer to the parties juries of their peers. Currently judges are singularly ruling and controlling the cases by acting as Judge, jury and prosecutor. This is not working in favor of the public and or the citizens or the laws of this state.

17)  Public debate and voting of the legislature in the "Child Support Guidelines" to make them LAW. The Supreme is drafting these without a single vote of our legislature being cast. Many states use legislative committees without the Judiciary even being involved. This is a public issue being railroaded through the Judiciary. The idea that we are using a broken formula to penalize nonresidential parents, while asking them to pay child support percentages that are ridiculously high and then compounding it with having them pay shared expenses is barbaric. The state is intentionally trying to hurt one parent in this setting. Even putting them in jail for nonpayment and it's not even law or been approved by our congress.

Schools

               

Suggestions:

1)     Move toward removing the State BOE. I realize this too is a constitutional matter to change but this entity is simply inept. The school districts have the representation of legislators the same as the public. The school districts have not been redrawn or moved in over 50 years, this single item has led to school districts running into different city limits and making wasteful use of tax payer dollars to bus student that would no longer even be bused to closer schools.

2)     Hire an Independent company to evaluate each school district in the State and review its efficiency and cost per student. By learning the “true” cost associated with education and its expenditures we will never “really” know how to fix the problem. Schools are administration heavy, with an emphasis on classroom size rather than quality of education. These reports should be used by the legislature and Governor to ascertain better solutions to a growing problem of “out of control spending” and better review how certain school districts are not cost effective.

3)     Serious consideration needs to be applied to a “voucher system” for the citizens of this state. Kansan’s deserve more choices and their kids deserve an education worthy of competition.

4)     Any type of formula that allows other formulas to add to the states cost. School Districts continue to have bonds and expect the state to cover the bonds without a single legislator vote or the cost or impact to our budget. Lobbyist group continually insists on tax increases and demands more funding without any accountability for public education – PERIOD!

5)     Focus needs to be on “Special programs”, Special schools, and the needs for busing. Schools are not being responsible for this cost and providing them as a “want” not a need. Any advanced courses or college classes in high school should clearly have more students due to the very nature of the course in preparing them accordingly.

6)     School years can be shortened to eliminate enormous amounts of cost in August and May due to the Heat.

7)     Collective Bargaining for Public Employees needs to end.

8)     Privatizing KPRS.

9)     Bond and Interest formulas have to be reformed so that our legislators have to review before acted on.

10)  End the Kansas Board of Regents ability to continue to increase tuition rates yearly and at ridiculous rates.

Overall State Expenditures

Suggestions:

Tags staying on the vehicles. Texas assigns the tag to the vehicle so there is no additional cost for tags every 2-4 years. Eliminates tag offices except for new cars. The rest of the registration can be done on line. (21^st century?)

Toll fees still being incurred for 35 Turnpike. A 10 year toll that has lasted 50 years. Turn the road over to the counties and eliminate the tolls.

Tax reform, to stop increasing “Property Taxes” on retired seniors with fixed incomes. This defies logic.

Focus on ending stupid State permits and licensing that are burdensome. http://www.businesslicenses.com/licenses.php 

 The Department of Health will create a process for anything, tanning, dairy, raffle, tattoos, nails, Barbers and Cosmetologists would no longer need to be licensed. It’s these type regulations that are killing small business and if the daily individual can’t select their barber or the fact that people cut their own hair – then we are in trouble. Let alone the fact that “not having” these may lead to your imprisonment or the government fining them. We have dog licenses, hunting licenses, park permits, boat permits, garage sale permits, trash permit, just how much needs to be charged for?? Common Sense must prevail.

Laws like this:  Pedestrians crossing the highways at night must wear tail lights. 

Post Election 2012 - keep it Real

Since the election Tuesday several things are happening. On Wednesday, the Stock Market was so thrilled with facing another four years of Obamanomics that it fell 313 points. If nothing is resolved by Jan. 1 and the Bush era tax cuts are allowed to stop, the economy is expected to suffer, so some investors are already selling while the Stock Market is relatively high and before it plunges further down. Boeing, revealed their plans to restructure their defense division.  Those plans include reducing management jobs by 30%, consolidating several of their business divisions to save money and to shut down their facilities in California. In Las Vegas, one business owner believed he was left with no choice but to lay off 22 of his 114 employees because of Obama’s victory.  He said that his costs of running a business and having to pay more in taxes and health insurance costs due to Obamacare left him no alternative. A Utah coal company owned by a vocal critic of President Barack Obama has laid off 102 miners. The layoffs at the West Ridge Mine are effective immediately, according to Utah American Energy Inc., a subsidiary of Murray Energy Corp. They were announced in a short statement made public Thursday; two days after Obama won re-election. The Fiscal Cliff is not January 1 as everyone claims, but it was November 6, 2012. We are already seeing the first few rocks tumbling down the face of the cliff and believe me, there is a lot more to come and when it does, we will find ourselves buried beneath it with little hope of getting out.

Who are the ones that are truly unwilling to compromise? It’s Obama and the Democrats. They have said it’s their way or no way. The legislation they passed, they did not allow debate and now we have “THEIR” legislation in place.  And like old times, the media is already taking the liberal side and laying the blame on Republicans for not compromising. January 1, 2013 is being referred to as the Fiscal Cliff.  If nothing is done, the tax breaks enjoyed by all of us will end and we will see a significant decrease in our take-home pay.  Additionally, there will be forced massive spending cuts in the federal government, some of which will not be beneficial such as in the Defense Department. There is one thing that hasn’t changed at all and that is the unwillingness of the Democrats to compromise and then blaming Republicans for the same.

             It’s easier and cheaper to take over the GOP. Starting a viable third party or just take over an existing political party? I have been hearing the same rhetoric for more than 30 years. The establishment stock is down when it comes to the Republican establishment, and it’s ripe for a takeover. Most Conservatives despise the Republican Establishment (as I do), but they haven’t offered a viable alternative except in principle. Viability is important for people who do not have an ideological dog in the fight which is where a majority of Americans are. People support winners. If you can’t or will not grasp this point, then you better find a different line of work.

             I firmly believe that many (maybe most) third-party people don’t want a real change in the political landscape because they know they couldn’t make it work. We split or water down the platforms even more which confuse the already blind electorate and they don’t have the skills, knowledge, or the work ethic to make the fundamental changes that are needed to turn things around and the clock is working against them. Some are content to watch it all burn and then believe that a new political Phoenix will rise from the ashes and a desperate world will call on them to show the way to salvation. It’s not going to happen. If it burns, it’s taking us with it. Sorry folks, but that’s not the way it works. It doesn’t work in politics like it doesn’t work in medicine, fixing cars, building a house, learning a new language, designing a sky scraper, or learning to play a musical instrument. It’s hard work. Talk does not build a building. The majority of people do not devote that amount of time to politics, but it shows us that change is not magical. It doesn’t drop from the sky after wishing, bitching, and hoping. It takes a lot of hard work and determination. Are you up to the task?

There are plenty of things to take away from this election and a clear understanding of just the pure numbers:

In 2008 McCain/Palin vs. Obama/Biden - 132,653,958 voters turnout rate of 61.6%

In 2012 Romney/Ryan vs. Obama/Biden - 118,782,374 voters

We were (Down - 13,871,584) voters. 10 million less Obama voters. We lost the popular vote by a difference of 2,899,844, less than the 3 million that stayed home and didn't vote.

              The Democrats removed God from their platform and supported pro-Abortion while the Republican platform reflected a pro-Life position yet 50% of the Catholics voted for BHO. In comparison 78% of White Evangelical Christians voted for Romney. What does this tell us? The Obama team ran on no vision for the future other than more of the same. High unemployment, 47 million people on food stamps, Middle East is in shambles, cover ups, and the Federal government trying to impose its will on states and the Republican Party could not win at the National level – WHY?

                Ready???? Women are the biggest voting block in the United States. The media wants to paint Sarah Palin as a “polarizing individual” – to whom? The statistics at the National level are more than clear. Unless the Republican Party can “PHYSICALLY” get away from White male leaders only and make sure the ticket cross’s gender and ethnic lines, the war on women, the isolation tag on minorities is going to stick. Sarah Palin brought out the women in 2008 and the conservative base voters with her strong conservative values. When we continue to allow the media and the establishment to keep bringing Moderate (all be it bright and experienced) individuals to the front of the pack, the party will continue to fade at the NATIONAL level where building a platform that cross’s ethnic and gender gaps is imperative because these individuals have simply been unable to articulate their message into these groups. The Republican Party/Tea Party continues to gain and have success at the State level and lower where the ethnic and gender gaps are being crossed at a rapid pace but when it comes to the National level it is a miserable failure. Even the State levels can garner way more support if the leaderships were changed.  

                There is simply no argument to the fact that they have to be experienced for the job knowing what we have at the current President and the Vice President, these two are the joke of the World, making us the laughing stock of the World. I would also even consider going back to the last 3 Democratic Presidents (Carter, Clinton, and Obama) and extending that argument. Romney needed to have either a women or a minority on the ticket that was staunchly conservative to rally the base and the other voting blocs – he failed miserably. We could not even get voters out after the last four years of the start of Armageddon. You may not want to accept this but this is the world we live in.

                America's voters – 73% White, 13% Black, 10% Latino, 3% Asian. Women make up 55% of the voting electorate and when they vote 56%-41% Democrat or 67%-31% Democrat that are un married to the Democrat Party we lose every time. Even with Blacks voting 93% Democrat and Latino voting 75% Democrat. The numbers are the numbers – either we change the menu or you get served the same meal!

http://www.latintimes.com/articles/965/20121108/presidential-election-2012-voters-breakdown-women-latinos.htm

http://frontporchpolitics.com/2012/11/divided-gop-resulted-in-obama-victory/

http://www.purdueexponent.org/opinion/columnists/article_0da9fe71-667d-5be9-a50e-7c5a88438041.html

http://www.thedailybeast.com/articles/2012/11/08/gop-respect-women-or-keep-losing.html

http://www.thedailybeast.com/articles/2012/11/08/republicans-learn-the-cost-of-alienating-women-voters.html

http://www.scholarsstrategynetwork.org/sites/default/files/ssn_basic_facts_sanbonmatsu_on_the_gender_gap.pdf

Some things did go right November 6th. http://michellemalkin.com/2012/11/07/20-things-that-went-right-on-election-day/

September 22, 2012 "The Problem"

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/