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- All court proceedings
shall be 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 tone 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.]
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- 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.]
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- 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
their corruption 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.]
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- 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 that 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
their corruption 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.]
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- 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 more 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.]
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- 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.]
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- 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 more fair 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.]
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- 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 fairer, and the expense
of litigation would be dramatically reduced. Accountability by an
independent Special Grand Jury should have amazing impact.]
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- "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.]
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- 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.]
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- All family court 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.
[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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- 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.]
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- All Bar documents must
be public record.
[Nothing in the legal world should be
secret, especially complaints about participants in the legal process.]
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- 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.]
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- 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.]
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- All attorneys and judges
must pass a competency exam on constitutional principles, particularly
rights.
[States must ensure that qualified
people are in place.]
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- Impose requirements for
bonds on all attorneys and judges, which they pay for out of their own
pockets, and make it easy for their victims to file complaints reviewed
only by the Special Grand Jury.
[This will clean up a lot of
corruption and dishonesty.]
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- 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.]
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- 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.]
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