Re: Anti-Scofflaw Law; Solutions to Corruption

[GCJeffrey@aol.com]

The more that I deal with dioxin, the more
that I believe that the real problem is
the corrupting influence of chemical
money on government.


Here are two solutions to corruption in
government:

1.  Run better people for Congress.
Door to door campaigns have been
successful for certain offices in my
state to "bypass" the big money
interests.

2.  Set up citizens grand juries in
each state to judge attorneys in robs
(judges) and prosecuting attorneys
who refuse to enforce pro-middle class
and pro-poor law.
24 states have citizens initiated
constitutional amendment processes
and can set up these juries.



Current Federal Constitution Faults

1. Campaign finance restrictions are not
defined; should be linked to middle class
income e.g.  0.15% of average income
excluding incomes of bottom 5% and
top 5% of population. No corporate
campaign funds. 

2.  Lottery selected citizens grand juries
(without supervision by a prosecuting
attorney) and

3.  a clearer commerce clause




REAL PROBLEM AND SOLUTION #2
CITIZENS GRAND JURY:
============================
Received this from a friend and attached
a Draft state contitutional amendment:


"It's everywhere, give me strength-Judges as Criminals."


CIRCUIT COURT A CRIMINAL ENTERPRISE

    The Seventh Circuit Court of Appeals held that the
Circuit Court of Cook County is a criminal enterprise.
U.S. v. Murphy, 768 F.2d 1518, 1531 (7th Cir. 1985).

    The United States Supreme Court recently
acknowledged the judicial corruption in Cook County,
when it stated that Judge "Maloney was one of many
dishonest judges exposed and convicted through
'Operation Greylord', a labyrinthine federal investigation
of judicial corruption in Chicago". Bracey v. Gramley,
case No. 96-6133 (June 9, 1997).

     Since judges who do not report the criminal activities
of other judges become principals in the criminal activity,
18 U.S.C. Section 1, and since no judges have reported the
criminal activity of the judges who have been convicted,
the other judges are as guilty as the convicted judges.

     The criminal activities that the Federal Courts found in
the Circuit Court of Cook County still exist, and are today
under the care, custody and control of Judge Greylord II
(Chief Judge Donald O'Connell). The Circuit Court of
Cook County remains a criminal enterprise.
............
>From Citizens for Legal Responsibility



My questions and comments:

1. Where did you get the above?

2. Suggest that you send this group my proposed Draft
State Constitutional Amendment for a Citizens Grand
Jury to judge all attorneys including attorneys in robes:


This is one of several amendments to move power from
corporations and "those on the in" back to Florida citizens.

The wording is to give limited power to a free standing
Grand Jury to only remove Judges, Prosecuting Attorneys
and Attorneys from the justice system, without jail terms.
JUST REMOVE ENOUGH OF THEM FROM OFFICE
AND THE SYSTEM WILL IMPROVE.


This Grand Jury would replace the existing Judicial
Review Board (in Florida.)

Anyone can bring issues before this Grand Jury including
Bar members.   The most important item left out of The
Florida and US Constitutions, was a "Citizens Grand Jury
Style Judicial Review Board."

This board in Florida would replace the elite, appointed 15
person panel which can remove judges, prosecutors and
disbar lawyers (but appears to currently avoid to act in the
public interest).

Many people in Florida are not happy with the existing
board.

[A similar board is needed nationally but this is a separate
issue].


Draft Florida Citizens Iniated Constitutional Amendment,
Citizens Grand Jury Judical Review Board.
==================================
==================================
                 DRAFT FOR REVIEW

1.0  Citizens Grand Jury Judicial Review Board is herein
referred to as THE BOARD or BOARD.

2.0   Make up of THE BOARD.

        2.1    23 citizens and 5 alternates are to be chosen by
lottery from the state drivers license lists of non-felons
based on a lottery in which chosen numbers are telecast in
real time on television;  this lottery is hereafter referred to
as the CGJJRB LOTTERY.

        2.2    THE BOARD will serve for 12 active months
and one additional month to overlap with the next year's
BOARD.

        2.3    No more than 45% of the BOARD members
can belong to one political party.

        2.4    A BOARD member can be excused by request
only with two letters signed by MDs stating medical
inability to serve or if a BOARD member has an IQ of less
than 90 and at least 80% of the other members of THE
BOARD agree.

3.0   THE BOARD will appoint and pay three full time
attorneys to advise THE BOARD on existing law and
court rulings:

     3.11.  Constitutional Attorney

     3.12.  Civil Attorney

     3.13.  Criminal Attorney

3.2  The appointed attorneys listed in 3.1 above, cannot
serve more than once in each 5 year period.   

4.0  THE BOARD will hire two administrative assistants
for a 13 month period and those administrative assistants
cannot serve more than once in each 5 year period.

5.0   THE BOARD will hire three professionally registered
investigators for a 13 month period and those investigators
cannot serve more than once in each five year period.

4.0   THE BOARD will have these powers;

     4.1  THE BOARD will accept evidence from any and
all citizens, do investigations on the number of judges as
decided by the BOARD and THE BOARD can take action
to remove up to 2 judge cases per year from Florida state,
county or city judicial positions.

     4.2  THE BOARD will accept evidence from any and
all citizens, do investigations on the number of
prosecuting attorneys as decided by the BOARD and the
BOARD can remove up to to 2 prosecuting attorneys per
year from state, county or city positions.

     4.3   THE BOARD will accept evidence from any and
all citizens, do investigations on the number of attorneys
as decided by the BOARD and the BOARD can remove up
to to 4 attorneys per year from practice in the State of
Florida.

5.0   All BOARD decisions will require a 60% majority
except in section 2.4 of this amendment concerning
removal of Board members by this Board. 

6.0   Each BOARD specific investigation Case proceeding
and investigation material can be released at any time to any
Prosecuting Attorney for continuing action. 

7.0   Each BOARD specific investigation Case proceeding
and investigation records will be made public at least by 2
years after initiation of that case.


8.0   For each Case, upon a decision to hold the public
debate to invoke sections 4.1, 4.2 and 4.3 above, all
proceeding and investigation records will be made
available to the person being investigated for rebuttal and
within 6 weeks, THE BOARD will start debate on the
investigative findings. 


Additional items to be added/incorporated:

Separate functions into investigative board (this year's
board?)  and judgement board (following year's board?).

Bar can still disbar.

Hours/week

location for meeting

groups 

salary

appeal

how many cases

Power of supeona

Corporations have no standing to present griviences?? 


Rewrite and incorporate other parts of Florida Board Law:

This is the part of the Florida (and similar state)
Constitution(s) that need revision by citizens initiated
Constitution Revision.


Grand Jury Style Judicial Review Commission chosen
by lottery from voter registration rolls should replace this
existing elitist commission:
=======================================
=======================================
SECTION 12.  Discipline; removal and retirement.--

(a)  JUDICIAL QUALIFICATIONS
COMMISSION.--A judicial qualifications commission is
created.

(1)  There shall be a judicial qualifications commission
vested with  jurisdiction to investigate and recommend to
the Supreme Court of  Florida the removal from office of
any justice or judge whose conduct,  during term of office
or otherwise occurring on or after November 1,  1966,
(without regard to the effective date of this section) 
demonstrates a present unfitness to hold office, and to
investigate and  recommend the discipline of a justice or
judge whose conduct, during  term of office or otherwise
occurring on or after November 1, 1966  (without regard
to the effective date of this section), warrants such 
discipline.

For purposes of this section, discipline is defined
as any  or all of the following: reprimand, fine,
suspension with or without  pay, or lawyer discipline.

The commission shall have jurisdiction over  justices and
judges regarding allegations that misconduct occurred 
before or during service as a justice or judge if a complaint
is made no  later than one year following service as a
justice or judge.

The commission shall have jurisdiction regarding
allegations of incapacity  during service as a justice
or judge.

The commission shall be composed  of:

a.  Two judges of district courts of appeal selected by the
judges of  those courts, two circuit judges selected by the
judges of the circuit  courts and two judges of county
courts selected by the judges of those  courts;

b.  Four electors who reside in the state, who are members
of the bar of  Florida, and who shall be chosen by the
governing body of the bar of  Florida; and

c.  Five electors who reside in the state, who have never
held judicial office or been members of the bar of Florida,
and who shall be appointed by the governor.

(2)  The members of the judicial qualifications
commission shall serve staggered terms, not to exceed six
years, as prescribed by general law.  No member of the
commission except a judge shall be eligible for state j ?

exceed six years, as prescribed by general law.

No member of the commission except a judge shall be
eligible for state judicial office  while acting as a member
of the commission and for a period of two years 
thereafter.

No member of the commission shall hold office in a
political party or participate in any campaign for judicial
office or hold public office; provided that a judge ..?



(3)  Members of the judicial qualifications commission
not Subject to  impeachment shall be Subject to removal
from the commission pursuant to  the provisions of Article
IV, Section 7, Florida Constitution.

(4)  The commission shall adopt rules regulating its
proceedings, the filling of vacancies by the appointing
authorities, the disqualification of members, the rotation
of members between the panels, and the temporary
replacement of disqualified or incapacitated members.

The  commission's rules, or any part thereof, may be
repealed by general law enacted by a majority vote of the
membership of each house of the legislature, or by the
supreme court, five justices concurring.

The  commission shall have power to issue Subpoenas.
Until formal charges against a justice or judge are filed by
the investigative panel with the clerk of the supreme court
of Florida all proceedings by or before the commission
shall be confidential; provided, however, upon a finding of 
probable cause and the filing by the investigative panel
with said clerk of such formal charges against a justice or
judge such charges and all further proceedings before the
commission shall be public.

(5)  The commission shall have access to all information
from all executive, legislative and judicial agencies,
including grand juries, subject to the rules of the
commission.

At any time, on request of the  speaker of the house of
representatives or the governor, the commission shall
make available all information in the possession of the
commission for use in consideration of impeachment or
suspension, respectively.

(f)  SCHEDULE TO SECTION 12.--

(1)  Except to the extent inconsistent with the provisions
of this section, all provisions of law and rules of court in
force on the effective date of this article shall continue in
effect until superseded  in the manner authorized by the
constitution.

(2)  After this section becomes effective and until adopted
by rule of the commission consistent with it:

a.  The commission shall be divided, as determined by the
chairperson,  into one investigative panel and one hearing
panel to meet the responsibilities set forth in this section.

b.  The investigative panel shall be composed of:

1.  Four judges,

2.  Two members of the bar of Florida, and

3.  Three non-lawyers.

c.  The hearing panel shall be composed of:

1.  Two judges,

2.  Two members of the bar of Florida, and

3.  Two non-lawyers.

d.  Membership on the panels may rotate in a manner
determined by the rules of the commission provided that
no member shall vote as a member of the investigative
and hearing panel on the same proceeding.

e.  The commission shall hire separate staff for each panel.

f.  The members of the commission shall serve for
staggered terms of six years.

g.  The terms of office of the present members of the
judicial qualifications commission shall expire upon the
effective date of the amendments to this section approved
by the legislature during the regular session of the
legislature in 1996 and new members shall be appointed
to serve the following staggered terms:

1.  Group I.--The terms of five members, composed of two
electors as set  forth in s. 12(a)(1)c. of Article V, one
member of the bar of Florida as  set forth in s. 12(a)(1)b.
of Article V, one judge from the district  courts of appeal
and one circuit judge as set forth in s. 12(a)(1)a. of  Article
V, shall expire on December 31, 1998.

2.  Group II.--The terms of five members, composed of
one elector as set  forth in s. 12(a)(1)c. of Article V, two
members one member of the bar  of Florida as set forth in
s. 12(a)(1)b. of Article V, one circuit judge  and one
county judge as set forth in s. 12(a)(1)a. of Article V shall 
expire on December 31, 2000.

3.  Group III.--The terms of five members, composed of
two electors as  set forth in s. 12(a)(1)c. of Article V, one
member of the bar of  Florida as set forth in s. 12(a)(1)b.,
one judge from the district courts of appeal and one
county judge as set forth in s. 12(a)(1)a. of  Article V,
shall expire on December 31, 2002.

h.  An appointment to fill a vacancy of the commission
shall be for the remainder of the term.

I.  Selection of members by district courts of appeal
judges, circuit judges, and county court judges, shall be by
no less than a majority of  the members voting at the
respective courts' conferences. Selection of members by
the board of governors of the bar of Florida shall be by no 
less than a majority of the board.

j.  The commission shall be entitled to recover the costs of 
investigation and prosecution, in addition to any penalty
levied by the supreme court.

k.  The compensation of members and referees shall be the
travel expenses or transportation and per diem allowance
as provided by general law.