Seeking Judicial Accountability
Essay
by Henry Nicolle
The processes we have initiated to preserve our Rights and ensure our
Liberty have failed. The most debilitating failure is of our judges and
judiciary. Our law is a tool necessary for civilized resolution of
conflicts. Law can provide valuable guidance, compensation,
retribution. Law is not capable of doing Justice, except by fortune or
accident.
Law provides convenient and responsive tools and processes for
establishing intermediaries and remedies for matters between
individuals and groups which would otherwise devolve into violence and
rule by the strong and clever. Our society has created law and a
judicial system which we intend to function according to rules which we
make. Our rules are our Law to control government.
As our institutions, we allowed them to usurp our Authority as Law
Makers. They presume that their opinion, not ours, should define what
we intend our laws to mean and accomplish.
Our Constitutions define the judiciary and the courts. They place the
power to establish the jurisdiction and subject matter of the courts at
the discretion of our Legislators. We, not the government, not our
representatives or officials, are the absolute and sole authority to
create and define our laws.
The importance of direct review of judicial conduct can be expressed
very simply. All conflicts eventually are brought to the courts for
resolution. The judges now decide what our laws mean and how they must
be implemented. The judges decide if conduct by people in government is
lawful. When the judges and the bureaucracy agree on policy
interpretations of law, the judges always decide for Policy and against
public challenges.
Citizens' defense of Rights, Liberty and Property are defeated in every
instance where government agents' power to command and government
agency power to seize property are challenged. We have become a Society
of no Rights, ruled by a Government with no Limits. Today, our
Government defines itself. Our bureaucracies define our Rights and have
claimed absolute right to our property, labor and intellect.
We provided two additional processes for ourselves to directly exercise
original, supreme authority over all aspects of government: The Petit
Jury (trial jury) and the Grand Jury. Our Petit Juries exercise direct
authority to judge both the facts and the law. Their decisions are
final. Their decisions can and should have the effect to nullify laws
and policies deemed against the public interest or otherwise contrary
to the preservation of individual Rights, Liberty, Property and
Self-Determination.
Our Grand Juries are the People's direct exercise of authority to
investigate potential public and private conflicts and to initiate
processes for prosecution of officials and public servants.
Our judges and bureaucracies have nullified our Petit Jury powers as a
matter of policy. Although the juries have the power to judge both the
facts and the law, it is the specific instruction by the judiciary that
the juries not be informed of their powers and that the juries should
be instructed that they are not to judge the law of the case before
them. This policy is enforced by removal from the jury and often by
sanctions, including jail, for offending jurors. The evil of this
policy is that while the judges' claim is to assure a fair trial, the
primary effect is to disable our authority to dissolve ill-conceived or
unconstitutional law.
Our Constitutions provide that the Grand Juries should investigate and
if justified, issue either the indictment sought by the prosecutor or
an information requiring a prosecution.
Our prosecutors and judiciary have now degraded the Grand Jury decision
from mandatory to advisory. The prosecutor is now empowered decide to
prosecute or to not prosecute at his sole discretion.
The Grand Jury Informations are no longer allowed. This policy produces
the evil of protecting people in government from the direct
investigation, review and prosecution.
The destruction of private prosecution and placing prosecution at the
sole discretion of the public prosecutor produces the evil of selective
prosecution by the prosecutor. Accountability for prosecution of
criminal conduct has been stolen from the hands of the People.
At the core of this evil evolution are the judges. The judges removed
the Jury power to judge the law, to initiate, investigate and order the
prosecution of criminal offenses and to have the final decision whether
a prosecution should proceed upon indictment or information. Each of
these policies are direct defiance of our Constitutions and Laws. The
effect is to place each of us at the mercy of the prosecutors and
judges and to deny our authority to make corrections in response to
government error and misconduct.
All attempts to provide judicial accountability have failed because
each has placed members of the legal and government communities as the
arbiters of judicial conduct. It is painfully obvious that a new
approach is necessary. http://www.JAIL4Judges.org/ is one option.
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