Judicial Accountability Initiative Law (JAIL)
| Abused Swan |
Judicial Accountability Initiative Law (J.A.I.L.)
(a) Preamble. We, the People of Florida, find that the doctrine of judicial immunity has been greatly
abused; and when judges abuse their power, the people are obliged - it is their duty - to correct that
injury, for the benefit of themselves and their posterity. In order to ensure judicial accountability and
domestic tranquility, we hereby amend under Article I, Article V of our Constitution with these
provisions, which shall be known as "The Judicial Accountability Amendment."
(b) Definitions. For purposes of this amendment:
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 "judge" shall mean justice, judge, magistrate, commissioner, judge pro tem, private judge,
judicial mediator, arbitrator and referee, and every person shielded by judicial immunity.
3.The term "Juror" shall mean a Special Grand Juror.
4.The term "seat" shall mean a situs and facility that is suitable for usage by the Jury.
5.The term "strike" shall mean an adverse immunity decision.
6.Where appropriate, the singular shall include the plural.
(c) Immunity. Notwithstanding common law or any other provision to the contrary, no immunities shall
be extended to any judge of this State except as is specifically set forth in this Amendment.
Preserving the purpose of protecting judges from frivolous and harassing actions, no immunity
shielding a 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 Constitutions
of Florida or the United States.
(d) Special Grand Juries. There are hereby created within this State two twenty-five member Special
Grand Juries with statewide jurisdiction having power to judge both law and fact. This body shall exist
independent of statutes governing county grand juries. Their responsibility shall be limited to
determining, on an objective standard, whether a civil suit against a 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 judge complained of.
(e) Professional Counsel. Each Special Grand Jury shall have exclusive power to retain
non-governmental advisors, special prosecutors, and investigators, as needed, who shall serve no
longer than one year, after which term said officers shall be ineligible. Notwithstanding the one year,
a special prosecutor may be retained to prosecute current cases in which they are involved through
all appeals and any complaints for judicial misconduct.
(f) Establishment of Special Grand Jury Seats. Within ninety days following the ratification of this
Amendment, the Legislature shall provide a seat for each Special Grand Jury. No seat shall be
located within a mile of any judicial body, and each seat shall be reasonably placed proportionately
according to population throughout the state. Should the Legislature fail to so act within ninety days,
its members shall permanently forfeit their salaries and per diem pay, beginning on the ninety-first
day, until such time that it abides by the terms of this (f) section.
(g) Annual Funding. The Legislature shall cause to be deducted two and nine-tenths percent from the
gross judicial salaries of all judges, which amount shall be deposited regularly into the exclusive trust
account created by this Amendment in paragraph (k) for its operational expenses, together with filing
fees under paragraph (h), surcharges under paragraph (i), forfeited benefits of disciplined judges
under paragraph (q), and fines imposed under paragraph (r).
(h) Filing Fees. Attorneys filing a civil complaint or answer before the Special Grand Jury in behalf of
their client, shall at the time of filing, pay a fee equal to the filing fee due in a civil appeal to the State
Supreme Court. Individuals filing a civil complaint or answer before the Special Grand Jury in their
own behalf as a matter of right, shall, at the time of filing, post a fee of fifty dollars, or file a
declaration, which shall remain confidential, stating they are impoverished and unable to pay and/or
object to such fee.
(i) Surcharges. Should this Amendment lack sufficient funding through its fines, fees, and forfeitures
(including deductions in paragraph (g)), the Legislature shall impose appropriate surcharges upon
the civil court filing fees of corporate litigants as necessary to make this Amendment self-supporting.
(j) Compensation of Jurors. Each Juror shall receive a salary commensurate to a Circuit Court judge,
prorated according to the number of days actually served.
(k) Annual Budget. The Special Grand Juries shall have an annual operational budget
commensurate to double the combined salaries of the fifty Jurors serving full time, which sum shall be
initially deposited by the Legislature into an exclusive trust account to be annually administered by the
State Controller. Should the trust balance within any budget year drop to less than an amount
equivalent to the annual gross salaries of thirty Circuit Court judges, the State Controller shall so
notify the Legislature 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 State Controller shall return
such excess to the state treasury.
(l) Jurisdiction. Each Special 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 Grand Jury shall immediately assign a docket number to each complaint
brought before it, unless such case is transferred to another Special Grand Jury to achieve caseload
balance. A transfer shall not prejudice a docketing deadline. The Special Grand Jury first docketing a
complaint shall have sole jurisdiction of the case. Except as provided in paragraphs (s) and (w), no
complaint of misconduct shall be considered by any Special Grand Jury unless the complainant shall
have first attempted to exhaust all judicial remedies available in this State 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 Grand Juries become
functional. This provision applies remedially and retroactively.) Should the complainant opt to
proceed to the United States Supreme Court, such six-month period shall commence upon the
disposition by that court.
(m) 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 have been an inhabitant of Florida for two years immediately
prior to having his/her name drawn. Those not eligible for Special Grand Jury service shall include
elected and appointed officials, members of the State 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.
(n) 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.
(o) Service of Jurors. Excluding the establishment of the initial Special Grand Juries, 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 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 drawn to fill a vacancy shall complete only the remainder of the term of the
Juror replaced.
(p) Procedures. The Special 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 twenty days to serve and
file an answer. The complainant shall have fifteen days to reply to the judge's answer. (Upon timely
request, the Special Grand Jury may provide for extensions for good cause.) The Special Grand Jury
shall have power to subpoena witnesses, documents, and other tangible evidence, and to examine
witnesses under oath. Each Special Grand Jury shall determine the causes properly before it with its
reasoned findings in writing within one hundred twenty (120) calendar days, serving on all parties its
decision on whether immunity shall be barred as a defense to any civil action that may thereafter be
pursued against the judge. A rehearing may be requested of the Special Grand Jury within fifteen
days with service upon the opposition. Fifteen days shall be allowed to reply thereto. Thereafter, the
Special 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 this State with the duty of restoring a perception of
justice and accountability of the judiciary, and are not to be swayed by artful presentation by the
judge. They shall avoid all influence by judicial and government entities. The statute of limitations on
any civil suit brought pursuant to this Amendment against a State judge shall not commence until the
rendering of a final decision by the Special Grand Jury. Special Grand Jury files shall always remain
public record following their final determination. A majority of thirteen shall determine any matter.
(q) Removal. Whenever any judge has received three strikes, the judge shall be permanently
removed from office, and thereafter shall not serve in any State judicial office, including that of private
judge. Judicial retirement for such removed judge shall not exceed one-half of the benefits to which
such person would have otherwise been entitled. Early retirement shall not avert third-strike penalties.
(r) Indictment. Should the Special Grand Jury also find probable cause of criminal conduct on the
part of any judge against whom a complaint is docketed, it shall have the power to indict such judge
except where double jeopardy attaches. The Special Grand Jury shall, without voir dire beyond
personal relationship, cause to be impaneled twelve special trial jurors, plus alternates, which trial
jurors shall be instructed that they have power to judge both law and fact. The Special Grand Jury
shall also select a non-governmental special prosecutor and a judge with no more than four years on
the bench from a county other than that of the defendant judge. The trial jury shall be selected from the
same pool of jury candidates as any regular jury. The special prosecutor shall thereafter prosecute
the cause to a conclusion, having all the powers of any other prosecutor within this State. 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.
(s) Criminal Procedures. In addition to any other provisions of this Amendment, a complaint for
criminal conduct of a judge may be brought directly to the Special 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 county 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.
(t) Public Indemnification. No judge complained of, or sued civilly by a complainant pursuant to this
Amendment, shall be defended at public expense or by any elected or appointed public counsel, nor
shall any judge be reimbursed from public funds for any losses sustained under this Amendment.
(u) Enforcement. No person exercising strict enforcement of the findings of the Special Grand Jury
shall be held liable civilly, criminally, or in contempt.
(v) Redress. The provisions of this Amendment are in addition to other redress that may exist and
are not mutually exclusive.
(w) Challenges to Amendment. No judge under the jurisdiction of the Special Grand Jury, or
potentially affected by the outcome of a challenge to this Amendment, shall have any jurisdiction to sit
in judgment of such challenge. Such pretended adjudication shall be null and void for all purposes
and a complaint for such misconduct may be brought at any time, without charge, before the Special
Grand Jury by class-action, or by any adversely affected person.
(x) Preeminence. Preeminence shall be given to this Amendment in any case of conflict with statute,
case law, common law, or constitutional provision. The fore person of the Special Grand Jury shall
read, or cause to be read, this Amendment to the respective Jurors semi-annually during the first
week of business in January and July. Should any part of this Amendment be determined
unconstitutional, the remainder shall remain in full force and effect as though no challenge thereto
existed.
(a) Preamble. We, the People of Florida, find that the doctrine of judicial immunity has been greatly
abused; and when judges abuse their power, the people are obliged - it is their duty - to correct that
injury, for the benefit of themselves and their posterity. In order to ensure judicial accountability and
domestic tranquility, we hereby amend under Article I, Article V of our Constitution with these
provisions, which shall be known as "The Judicial Accountability Amendment."
(b) Definitions. For purposes of this amendment:
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 "judge" shall mean justice, judge, magistrate, commissioner, judge pro tem, private judge,
judicial mediator, arbitrator and referee, and every person shielded by judicial immunity.
3.The term "Juror" shall mean a Special Grand Juror.
4.The term "seat" shall mean a situs and facility that is suitable for usage by the Jury.
5.The term "strike" shall mean an adverse immunity decision.
6.Where appropriate, the singular shall include the plural.
(c) Immunity. Notwithstanding common law or any other provision to the contrary, no immunities shall
be extended to any judge of this State except as is specifically set forth in this Amendment.
Preserving the purpose of protecting judges from frivolous and harassing actions, no immunity
shielding a 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 Constitutions
of Florida or the United States.
(d) Special Grand Juries. There are hereby created within this State two twenty-five member Special
Grand Juries with statewide jurisdiction having power to judge both law and fact. This body shall exist
independent of statutes governing county grand juries. Their responsibility shall be limited to
determining, on an objective standard, whether a civil suit against a 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 judge complained of.
(e) Professional Counsel. Each Special Grand Jury shall have exclusive power to retain
non-governmental advisors, special prosecutors, and investigators, as needed, who shall serve no
longer than one year, after which term said officers shall be ineligible. Notwithstanding the one year,
a special prosecutor may be retained to prosecute current cases in which they are involved through
all appeals and any complaints for judicial misconduct.
(f) Establishment of Special Grand Jury Seats. Within ninety days following the ratification of this
Amendment, the Legislature shall provide a seat for each Special Grand Jury. No seat shall be
located within a mile of any judicial body, and each seat shall be reasonably placed proportionately
according to population throughout the state. Should the Legislature fail to so act within ninety days,
its members shall permanently forfeit their salaries and per diem pay, beginning on the ninety-first
day, until such time that it abides by the terms of this (f) section.
(g) Annual Funding. The Legislature shall cause to be deducted two and nine-tenths percent from the
gross judicial salaries of all judges, which amount shall be deposited regularly into the exclusive trust
account created by this Amendment in paragraph (k) for its operational expenses, together with filing
fees under paragraph (h), surcharges under paragraph (i), forfeited benefits of disciplined judges
under paragraph (q), and fines imposed under paragraph (r).
(h) Filing Fees. Attorneys filing a civil complaint or answer before the Special Grand Jury in behalf of
their client, shall at the time of filing, pay a fee equal to the filing fee due in a civil appeal to the State
Supreme Court. Individuals filing a civil complaint or answer before the Special Grand Jury in their
own behalf as a matter of right, shall, at the time of filing, post a fee of fifty dollars, or file a
declaration, which shall remain confidential, stating they are impoverished and unable to pay and/or
object to such fee.
(i) Surcharges. Should this Amendment lack sufficient funding through its fines, fees, and forfeitures
(including deductions in paragraph (g)), the Legislature shall impose appropriate surcharges upon
the civil court filing fees of corporate litigants as necessary to make this Amendment self-supporting.
(j) Compensation of Jurors. Each Juror shall receive a salary commensurate to a Circuit Court judge,
prorated according to the number of days actually served.
(k) Annual Budget. The Special Grand Juries shall have an annual operational budget
commensurate to double the combined salaries of the fifty Jurors serving full time, which sum shall be
initially deposited by the Legislature into an exclusive trust account to be annually administered by the
State Controller. Should the trust balance within any budget year drop to less than an amount
equivalent to the annual gross salaries of thirty Circuit Court judges, the State Controller shall so
notify the Legislature 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 State Controller shall return
such excess to the state treasury.
(l) Jurisdiction. Each Special 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 Grand Jury shall immediately assign a docket number to each complaint
brought before it, unless such case is transferred to another Special Grand Jury to achieve caseload
balance. A transfer shall not prejudice a docketing deadline. The Special Grand Jury first docketing a
complaint shall have sole jurisdiction of the case. Except as provided in paragraphs (s) and (w), no
complaint of misconduct shall be considered by any Special Grand Jury unless the complainant shall
have first attempted to exhaust all judicial remedies available in this State 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 Grand Juries become
functional. This provision applies remedially and retroactively.) Should the complainant opt to
proceed to the United States Supreme Court, such six-month period shall commence upon the
disposition by that court.
(m) 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 have been an inhabitant of Florida for two years immediately
prior to having his/her name drawn. Those not eligible for Special Grand Jury service shall include
elected and appointed officials, members of the State 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.
(n) 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.
(o) Service of Jurors. Excluding the establishment of the initial Special Grand Juries, 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 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 drawn to fill a vacancy shall complete only the remainder of the term of the
Juror replaced.
(p) Procedures. The Special 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 twenty days to serve and
file an answer. The complainant shall have fifteen days to reply to the judge's answer. (Upon timely
request, the Special Grand Jury may provide for extensions for good cause.) The Special Grand Jury
shall have power to subpoena witnesses, documents, and other tangible evidence, and to examine
witnesses under oath. Each Special Grand Jury shall determine the causes properly before it with its
reasoned findings in writing within one hundred twenty (120) calendar days, serving on all parties its
decision on whether immunity shall be barred as a defense to any civil action that may thereafter be
pursued against the judge. A rehearing may be requested of the Special Grand Jury within fifteen
days with service upon the opposition. Fifteen days shall be allowed to reply thereto. Thereafter, the
Special 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 this State with the duty of restoring a perception of
justice and accountability of the judiciary, and are not to be swayed by artful presentation by the
judge. They shall avoid all influence by judicial and government entities. The statute of limitations on
any civil suit brought pursuant to this Amendment against a State judge shall not commence until the
rendering of a final decision by the Special Grand Jury. Special Grand Jury files shall always remain
public record following their final determination. A majority of thirteen shall determine any matter.
(q) Removal. Whenever any judge has received three strikes, the judge shall be permanently
removed from office, and thereafter shall not serve in any State judicial office, including that of private
judge. Judicial retirement for such removed judge shall not exceed one-half of the benefits to which
such person would have otherwise been entitled. Early retirement shall not avert third-strike penalties.
(r) Indictment. Should the Special Grand Jury also find probable cause of criminal conduct on the
part of any judge against whom a complaint is docketed, it shall have the power to indict such judge
except where double jeopardy attaches. The Special Grand Jury shall, without voir dire beyond
personal relationship, cause to be impaneled twelve special trial jurors, plus alternates, which trial
jurors shall be instructed that they have power to judge both law and fact. The Special Grand Jury
shall also select a non-governmental special prosecutor and a judge with no more than four years on
the bench from a county other than that of the defendant judge. The trial jury shall be selected from the
same pool of jury candidates as any regular jury. The special prosecutor shall thereafter prosecute
the cause to a conclusion, having all the powers of any other prosecutor within this State. 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.
(s) Criminal Procedures. In addition to any other provisions of this Amendment, a complaint for
criminal conduct of a judge may be brought directly to the Special 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 county 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.
(t) Public Indemnification. No judge complained of, or sued civilly by a complainant pursuant to this
Amendment, shall be defended at public expense or by any elected or appointed public counsel, nor
shall any judge be reimbursed from public funds for any losses sustained under this Amendment.
(u) Enforcement. No person exercising strict enforcement of the findings of the Special Grand Jury
shall be held liable civilly, criminally, or in contempt.
(v) Redress. The provisions of this Amendment are in addition to other redress that may exist and
are not mutually exclusive.
(w) Challenges to Amendment. No judge under the jurisdiction of the Special Grand Jury, or
potentially affected by the outcome of a challenge to this Amendment, shall have any jurisdiction to sit
in judgment of such challenge. Such pretended adjudication shall be null and void for all purposes
and a complaint for such misconduct may be brought at any time, without charge, before the Special
Grand Jury by class-action, or by any adversely affected person.
(x) Preeminence. Preeminence shall be given to this Amendment in any case of conflict with statute,
case law, common law, or constitutional provision. The fore person of the Special Grand Jury shall
read, or cause to be read, this Amendment to the respective Jurors semi-annually during the first
week of business in January and July. Should any part of this Amendment be determined
unconstitutional, the remainder shall remain in full force and effect as though no challenge thereto
existed.
Read how two judges abused the system to make millions off from children.
Jailing Kids For Cash
Jailing Kids For Cash
| 1-800-706-4951 |
