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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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(Last Revision 04 February, 2023)