J.A.I.L. For Judges

The Judicial Accountability Initiative Law. Alabama has a chapter of these crackpots. The basic idea is eliminating judicial immunity so that any crank unsatisfied with the outcome of a case can sue the judge. The proposed law eliminates immunity and sets up a special grand jury to hear the complaints. If the complaint sounds reasonable, the grand jury allows the lawsuit to go forward.

Insane? Of course it is. If you think justice moves slowly now, wait until every judge has to fear a lawsuit for every decision she makes.

But it’s closer to reality than you might think. These moonbats have succeeded in getting the proposal added to the ballot in South Dakota this year. The South Dakota version would even subject jurors to liability. And you thought jury service sucked now.

NPR had a fantastic story about it this morning. The story interviewed two bloggers, one from the right and one from the left. Both agreed that J.A.I.L. was a really, really, REALLY bad idea. There is also a strong – and diverse – opposition coalition. Still, the initiative got the 35 thousand signatures it needed to get on the ballot. And if this one wins, the big donors promise more money for similar campaigns in other states.

Could we be one of them? We don’t have initiative or referendum, so it would have to come from the legislature. I want to say that makes us safe. But I don’t think I can.

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11 Comments on “J.A.I.L. For Judges”

  1. Kathy Says:

    The last time I was in Montgomery to attend a public hearing, there was a guy standing outside the meeting room with J.A.I.L. flyers. Seems like they’re a bunch of retired men with nothing else to do. I’m glad you explained their purpose; the flyer didn’t say. And I agree that this is a really, really bad idea. It sounds like something a militia group would support.

  2. Dystopos Says:

    That’ll teach those Activist Judges™. Coming soon the “Judicial Branch Simplification Act” which bypasses judges and juries altogether by instituting a system where the plaintiff and defendent merely stack up their money and the party with the tallest pile takes them both.

  3. Mark Says:

    I heard the NPR story and wondered if you would blog on it. I think I can see the attraction for some people, in a perverse sort of way. I think it’s a kind of the “ins” versus the “outs” feeling, but with a big helping of ignorance and a total lack of comprehension of the potential effects.

  4. wheeler Says:

    “I think it’s a kind of the “ins” versus the “outs” feeling, but with a big helping of ignorance and a total lack of comprehension of the potential effects.”

    that was exactly how i felt. i’m not denying that people routinely get screwed in court. i am a criminal defense attorney after all. but you’d be hard pressed to find a better example of the cure being worse than the disease.

  5. Dan Says:

    Thanks, wheeler. I have heard of them for a while but something didn’t seem right about them. I hadn’t paid enough attention to them to really know what they were all about.

  6. walt moffett Says:

    Sounds like an off shoot of the Freemen, Posse Comitatus, band of idiots. Will be interesting to see how democracy unfolds in South Dakota. How long will it take to claim an invalid election count because the flag in the polling place had a gold fringe?


  7. […] I agree with Judge Cole. Making people jump through a thousand hoops just to file a complaint may eliminate frivolous complaints, but it’s also going to hinder meritorious complaints and even in the case of frivolous ones will reinforce the complainant’s belief that the system is corrupt. That creates an audience for the real wackos: J.A.I.L For Judges and their kind. […]

  8. Dr. Richard C. Weiss Says:

    This lawyer attitude is exactly what I would expect from the pepetrators of corruption and profit as most in society view lawyers and judges (mostly also lawyers).

    Less we forget judges are lawyers. And other lawyers their flock. Or band of pirates.

    Judges – via their lawyer-legislator proxies and using their general intimidation of government bureaucrats to preserve their control and suppress opposition – will NEVER allow J.A.I.L. to be enacted in most states. Because J.A.I.L. spells the end of their totalitarian rule. They will portray any supporter of J.A.L. as a lunatic and [potentially] dangerous if not violent to all others. They know, once ANY degree of accountability is allowed, their rule is over and the merciful end of their shell game.

    As a telling analogy, I see it as they [the judges] being like a gang of hoodlums who assassinate anyone they want, whenever they want, without justification or any shred of accountability – totally immune to any constraints on them by law or morality. If someone dare threaten these hoodlums’ killing ways – then this person is “crazy” and potentially violent and totally misguided. In the judicial (and attorney) world view, judicial immunity is necessary and absolute – short of egregious capital offense, gross tax fraud or significant extortion, obvious insanity and incapacitation, or perhaps outrageously deviant perverse sexual behaviors (e.g., using a penis pump on the bench – one male judge- or running naked and drunk around a hotel lobby cursing up a storm – one female judge) judges are allowed to rule with absolute impunity unaccountable fregarding personal injury – including gross financvial abuse – to their victims, blatant unconstitutional actions, and socially repugnant practices (for just one example, destruction of father-child bonds and creation of widespread fatherlessness and continued social decline). Judicial accountability commisssions, and indeed incetuous appellate courts, are merely impotent incestuous arms of the judiciary. and incapable of – and loathe to – objectively evaluating infractions and unethical judiucial behaviors. Predictably, the judiciary and their lawyer cohorts are adamantly opposed to properly delegating judicial accountability to itruly ndependent groups, or grand juries for that matter. And the corruption, inbreeding and , yes, evil, contionue unabatedly.

    And all these dysfunctional and fraudulent judges keep their exorbitantly paid positions indefinitely as we know via appointment or unopposed ‘elections”. Unfortunately, without any realistic way presently to remove them.

    Lawyers flippantly remark that ‘the cure [J.A.I.L.] is worse than the disease [the preeent judicial system]. How so very wrong and misguided! The naked truth is we are all now presently subjected to a malignant inexorable fatal disease process with no reasonable cure. [the present judicial sytem and subservient legal practices and procedures with no real accountability]. Like a virus, judges know that its existence and propagation depend on sucking the life blood out of its host (preferably not to the point of death – when ‘profits’ end] and that any counter attack on their disease producing ability must be resisted at all costs. This is exactly why lawyers and judges collectively adamantly oppose accountabilty reform.

    These are only some of the reasons why the population at large must vigorously support and sponsor J.A.I.L. initiatives.


  9. It is obvious that ATTORNEY WHEELER is NOT knowledgeable of this Country’s Declaration of Independence or the Constitution of the United States of America and what these documents really stand for, i.e. a Government of the People, By the People and For the People. Just as important Wheeler thinks he is in a Democracy and abounds with rhetoric and casts “stones” calling us “crackpots” with obviously no real understanding of JUDICIAL ACCOUNTABILITY INTEGRITY LEGISLATION (J.A.I.L.) (http://www.al.jail4judges.org/integrity_legislation.htm) which is what it is titled in the non-initiative states such as Alabama. In South Dakota, an initiative state, the Amendment (Amendment E) is titled “JUDICIAL ACCOUNTABILITY INITIATIVE LAW” (J.A.I.L.). Wheeler cites to the website http://www.sd-jail4judges.org. I recommend the reader read it thoroughly for the truth of the matter.

    First America is a REPUBLIC not a Democracy. NO MAN IS ABOVE THE LAW……..but not when it comes to Judges as they have been placed above the law with Judicial Immunity. Now when it comes that the Judicial Immunity of Judges is being challenged Lawyers, Attorneys and Judges start running scared and Amendment E in South Dakota just scares the “living b jiminy” out of them. A must read for an enlighten view of “The Doctrine of Judicial Immunity” by Attorney Gary L. Zerman posted at http://www.sd-jail4judges.org/ .

    Understanding J.A.I.L: ( http://www.al.jail4judges.org/integrity_legislation.htm)

    Who is it being applied to? “(b)(2) The term “judge” shall mean justice, judge, magistrate, commissioner, judge pro tem, private judge, judicial mediator, arbitrator and referee, and every person shielded by judicial immunity.

    No immunity to shield a judge from (c):

    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

    Deliberate violation of the Constitutions of Alabama (South Dakota) or the United States.

    Not like you, Wheeler, this “crackpot” believes that anyone that commits any of the above acts should be prosecuted to the fullest extent of the law. The Judiciary has no “checks” and historically has been unable to or just not wanting to police itself. The Declaration of Independence clearly states, “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it”. When people are subjected to absolute Despotism (“Abuse of Government where the sovereign power is not divided, but united and unlimited in the hands of a single man, whatever may be his official title. It is not, properly, a form of government.”), it is their right, it is their duty to throw off such Government, and to provide new Guards for their future security.”

    Yours for Freedom and Justice in my life time,

    Major General Sorensen

    JIC – Alabama

  10. Roger Shuler Says:

    I don’t know if JAIL is the best response to judicial corruption. But I know from firsthand experience that judicial corruption is a serious problem in Alabama, from the district court level to the state supreme court. I also know there are ongoing criminal investigations against judges in Florida, Mississippi, Louisiana, Texas, California, and New York. And the FBI is only able to touch the tip of the iceberg. The vast majority of cases are never even investigated.

    In my situation, a person with an extensive criminal record (with the help of an attorney with a long history of ethical violations with the Alabama State Bar) filed a bogus lawsuit against me. By law, the suit had to be dismissed (summary judgment) within 8-9 months time. But because corrupt trial-court judges in Shelby County repeatedly refused to follow clear law, the case dragged on for six years and actually went to trial (even though, by law, it could not go to trial), costing me and taxpayers thousands of dollars. All of the unlawful decisions were made by Republican judges, and their rulings were upheld (in an affirmed, no opinion ruling) by Alabama’s appellate courts, also jam-packed with Republicans. Interestingly, the corrupt attorney who filed the case has a son who raises money for Republican politicians in Alabama, including Bob Riley and several judicial candidates, including Glenn Murdock and Drayton Nabers. Gee, I wonder if this had anything to do with the unlawful decisions noted above?

    The bottom line? Shelby County courts are a sewer of corruption. I’ve spoken with several attorneys in Jefferson County, and many of them told me it’s almost a running joke in legal circles about the favoritism shown toward “local counsel” in Shelby County.

    Is JAIL the answer? I don’t know. But I do know that the combination of a worthless judicial watchdog group (Judicial Inquiry Commission), a weak state bar, and appellate courts dominated by judges from one party gives judges a license to cheat. And they take full advantage of it, and the press in Alabama is too weak, timid, and/or right wing to expose it.

    By the way, the psycho who sued me lives next door. And in keeping with his criminal history, recently committed felony assault against me. The DA’s office in Shelby County, in keeping with its right-wing “tough on crime” stance, is trying to say it was misdemeanor assault.

    When will this country wake up and realize that right wingers are hypocrites. Tough on crime? Bull. Strict constructionist judges? Bull. Rule of law? Bull.

  11. wheeler Says:

    “I’ve spoken with several attorneys in Jefferson County, and many of them told me it’s almost a running joke in legal circles about the favoritism shown toward “local counsel” in Shelby County.”

    shelby county does have a very bad reputation.


  12. […] They also rejected J.A.I.L. for Judges. I’ve commented about the measure’s proponents, and their Alabama chapter, here. […]


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