J.A.I.L.
News Journal Los Angeles; California May 13,
2008 A Public
Service Announcement to America ______________________________________________________ The
Battle Lines are Drawn: J.A.I.L. versus The Foreign Power A Power
Foreign to Our Constitution The below proposed Legislation
has been presented to Congress as a proposed remedy to our now
faltering government.
Federal
Judicial Accountability Legislation (a)
Preamble. The House of Representatives and Senate Assembled find: that an
inordinate and ever-growing number of complaints for willful misconduct have
been lodged with Congress involving federal judges across this nation; that the
current Title 28 U.S.C. §372(c) (Judicial Misconduct and Disability Act) is in
many cases inadequate due to conflicts of interest of judges judging
themselves; that judicial integrity is of major importance which affects all
areas of our American society. Be it therefore resolved that the House of Representatives
and Senate Assembled hereby enact the following legislation which shall be
known as the "Judicial Accountability and Integrity Legislation." (b) Definitions. For purposes of this statute: 1. The term "blocking" shall mean any
act that impedes the lawful conclusion of a case, to include unreasonable delay
and willful rendering of a void judgment or order. 2. The term "federal judge" or
"judge" shall mean any federal justice, judge, magistrate,
commissioner, or any person shielded by judicial immunity. 3. The term "Juror" shall mean a
Special Federal Grand Juror. 4. The term "strike" shall mean an
adverse immunity decision based upon bad behavior as set forth by paragraph
(c), or a criminal conviction as set forth in paragraph (r). Where appropriate, the singular shall include the
plural, and the plural the singular. (c)
Immunity. Notwithstanding common law or any other provision to the
contrary, no immunities shall be extended to any federal judge except as is
specifically set forth in this statute. Preserving the purpose of protecting
judges from frivolous and harassing actions, no immunity shielding a federal
judge shall be construed to extend to any deliberate violation of law, fraud or
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 Constitution of these
United States, all violations of which shall constitute bad behavior. (d)
Special Federal Grand Jury. There is hereby created within the District of
Columbia a twenty-five member Special Federal Grand Jury with full federal
geographical jurisdiction having power to judge on both law and fact. Their
responsibility shall be limited to determining, on an objective standard,
whether a civil suit against a federal 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 federal judge complained of. (e)
Professional Counsel. The Special Federal Grand Jury shall have exclusive
power to retain non-governmental advisors, special prosecutors, and
investigators, as needed, who shall serve no longer than two years, after which
term said officers shall be ineligible. However, with permission of the Special
Federal Grand Jury, a special prosecutor may prosecute their current cases
through all appeals and any applicable complaints to the Special Federal Grand
Jury. (f)
Establishment of a Special Federal Grand Jury Seat. A Special Federal Grand
Jury seat is hereby created, which seat shall be located in excess of one mile
of any federal judicial body. (g)
Filing Fees. Attorneys representing a client filing a civil complaint or
answer before the Special Federal Grand Jury, shall at the time of filing pay a
fee equal to the filing fee due in a civil appeal to the United States Supreme
Court. Individuals filing a civil complaint or answer before the Special
Federal Grand Jury in their own behalf as a matter of right, shall, at the time
of filing, post a fee of one hundred dollars, or file a declaration, which
shall remain confidential, stating they are impoverished and unable to pay
and/or object to such fee. (h) Annual Funding. Should this statute lack sufficient funding
through its filing fees under paragraph (g), and fines imposed under paragraph
(q), which amount shall be deposited regularly into the exclusive trust account
created by this statute in paragraph (j) for its operational expenses, Congress
shall impose appropriate surcharges upon the civil court filing fees of
corporate litigants as necessary to make this statute self-supporting, or they
may appropriate any and all the necessary funds for the full implementation of
this statute by legislation. (i)
Compensation of Jurors. Each Juror shall receive a salary commensurate to
fifty percent of a federal district judge prorated according to the number of
days actually served. (j)
Annual Budget. The Special Federal Grand Jury shall have an annual
operational budget commensurate to twenty times the combined salaries of the
twenty-five Jurors serving full time, which sum shall be initially deposited by
Congress into an exclusive trust account to be annually administered by the
Controller. Should the trust balance, within any budget year, drop to less than
an amount equivalent to the annual gross salaries of fifty federal district
judges, the Controller shall so notify Congress which shall replenish the
account, prorated based on the actual average expenditures during the budget
year. Should the trust balance in any subsequent year exceed the annual
operational budget at the beginning of a new budget year, the Controller shall
return such excess to the United States Treasury. (k)
Jurisdiction. The Special Federal
Grand Jury shall have exclusive power to establish rules assuring their
attendance, to provide internal discipline, and to remove any of its members on
grounds of misconduct. The Special Federal Grand Jury shall immediately assign
a docket number to each complaint brought before it. Except as provided in
paragraph (r), no complaint of judicial misconduct shall be considered by the
Special Federal Grand Jury unless the complainant shall have first attempted to
exhaust all judicial remedies available in the federal courts within the
immediately preceding six-month period. Such six-month period, however, shall
not commence in complaints of prior fraud or blocking of a lawful conclusion
until after the date the Special Federal Grand Jury becomes functional. This
provision is intended to apply remedially and retroactively. (l)
Qualifications of Jurors. A Juror shall have attained to the age of thirty
years, and have been nine years a citizen of the United States, and an
inhabitant of Washington, D.C. Those not eligible for Special Federal Grand
Jury service shall include elected and appointed officials, members of the Bar,
judges (active or retired), judicial, prosecutorial and law enforcement
personnel, without other exclusion except previous adjudication of mental
incapacity, imprisonment, or parole from a conviction of a felonious crime
against persons. (m)
Selection of Jurors. The Jurors shall serve without compulsion and shall be
drawn by public lot by the Secretary of
State from names on the voters rolls and any citizen submitting his/her name to
the Secretary of State for such drawing. (n)
Service of Jurors. Excluding the establishment of the initial Special
Federal Grand Jury, each Juror shall serve one year. No Juror shall serve more
than once. On the first day of each month, two persons shall be rotated off the
Special Federal Grand Jury and new Citizens seated, except in January it shall
be three. Vacancies shall be filled on the first of the following month in
addition to the Jurors regularly rotated, and the Juror chosen to fill a
vacancy shall complete only the remainder of the term of the Juror replaced. (o)
Procedures. The Special Federal Grand Jury shall serve a copy of the filed
complaint upon the subject judge and notice to the complainant of such service.
The judge shall have thirty days to serve and file an answer. The complainant
shall have twenty days to reply to the judge's answer. (Upon timely request,
the Special Federal Grand Jury may provide for extensions for good cause.) In
criminal matters, the Special Federal Grand Jury shall have power to subpoena
witnesses, documents, and other tangible evidence, and to examine witnesses
under oath. The Special Federal Grand Jury shall determine the causes properly
before it with their reasoned findings in writing within one hundred twenty
(120) calendar days, serving on all parties their decision on whether immunity
shall be barred as a defense to any civil action that may thereafter be pursued
against the federal judge. A rehearing may be requested of the Special Federal
Grand Jury within twenty days with service upon the opposition. Twenty days
shall be allowed to reply thereto. Thereafter, the Special Federal Grand Jury
shall render final determination within thirty days. All allegations of the
complaint shall be liberally construed in favor of the complainant. The Jurors
shall keep in mind, in making their decisions, that they are entrusted by the
people of these United States with the duty of restoring a perception of
justice and accountability of the federal judiciary, and are not to be swayed
by artful presentation by the federal judge. They shall avoid all influence by
judicial and government entities. The statute of limitations on any civil suit
brought pursuant to this statute against a federal judge shall not commence
until the rendering of a final decision by the Special Federal Grand Jury.
Special Federal Grand Jury files shall always remain public record following
their final determination. A majority of thirteen shall determine any matter. (p)
Removal. Whenever any federal judge shall have received more than three
strikes, the federal judge shall automatically be brought up on charges before
Congress for Articles of Impeachment by the Special Federal Grand Jury through
its special prosecutor for bad behavior and willful misconduct. Congress
thereafter shall commence to a vote on such Articles of Impeachment. Upon a
conviction, the federal judge shall be permanently removed from office. He may
also be held liable under any other appropriate criminal or civil proceeding. (q)
Indictment. Should the Special Federal Grand Jury also find probable cause
of criminal conduct on the part of any federal judge against whom a complaint
is docketed, it shall have the power to indict such federal judge except where
double jeopardy attaches. The Special Federal Grand Jury shall, without voir
dire beyond personal impartiality, relationship, or linguistics, cause to be
impaneled special trial jurors, plus alternates, which trial jurors shall be
instructed that they have power to judge both law and fact. The Special Federal
Grand Jury shall also select a non-governmental special prosecutor and a
federal judge with no more than four years on the bench from a state other than
that of the defendant judge, (or outside of the District of Columbia, if the
case so be). The trial jury shall be selected from the same pool of jury candidates
as any regular federal jury. The special prosecutor shall thereafter prosecute
the cause to a conclusion, having all the powers of any other prosecutor within
these United States. 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. (r)
Criminal Procedures. In addition to any other provisions of this statute, a
complaint for criminal conduct of a federal judge may be brought directly to
the Special Federal 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 Grand Jury; and (4) the criminal statute of limitations has not
run. Any criminal conviction (including a plea bargain) under any judicial
process shall constitute a strike. (s)
Public Indemnification. No federal judge complained of, or sued civilly by
a complainant pursuant to this statute shall be defended at public expense or
by any elected or appointed public counsel, nor shall any federal judge be
reimbursed from public funds for any losses sustained under this statute. (t)
Redress. The provisions of this statute are in addition to other redress
that may exist and are not mutually exclusive. (u)
Preeminence. Preeminence shall be
given to this statute in any case of conflicts with any other federal statutes,
case law, or common law to the contrary. The foreperson of the Special Federal
Grand Jury shall read, or cause to be read, this statute to the respective
Jurors semi-annually during the first week of business in January and July. * * * Filed In Library of
Congress AUTHORED BY: Ron Branson P.O. Box 207 North Hollywood, California
91603 J.A.I.L. (Judicial
Accountability Initiative Law) www.jail4judges.org, has been in existence for over 12
years, and is in all 50 states and several foreign countries. Our Founding Fathers said,
"...with a firm reliance on the protection of Divine Providence, we mutually pledge
to each other our lives, our fortunes, and our sacred honor." Dec. of
Independence. We are a ministry in great need of your financial
support. Donate to this vitally important work at; "J.A.I.L."
P.O. Box 207, North Hollywood, California * * * He has combined with others to
subject us to a jurisdiction foreign to our constitution, and
unacknowledged by our laws; giving his assent to their acts of pretended
legislation. - Declaration of Independence minority keen to set brush fires
in people's minds.." - Samuel Adams striking at the root." -- Henry David Thoreau |
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