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Next, the Club argues:
Judges Pay to Be Attacked
This is one of several cynical examples of the way
Amendment E is unfairly biased against judges: this
paragraph actually docks their paycheck even if they haven't
done anything wrong. No other position in any branch of
government is subject to this kind of treatment. The
amendment requires the judges to pay out of their own
pockets to fund the Special Grand Jury. In other words,
judges have to pay for the privilege of being personally
sued by a disgruntled litigant. Even if that judge were
found innocent, he or she would have to pay to defend
themselves in a hostile forum they were required to pay for.
It's another example of the
authors' hatred for judges.
Our response:
Since J.A.I.L. is a process by the Special
Grand Jury designed to maintain the integrity of the judicial system in each
instance that a judge is alleged to have refused to perform his/her
responsibilities under constitutional requirements after the system has had
every opportunity, through exhaustion, to do so, it stands to reason that judges
should bear part of the budget therefor. This budget should not be on the
backs of the taxpayers. After all, it's the judges whose conduct will necessitate
use of this process. It is in the interest of each and every judge that
the system in which they function retains its integrity free from corruption.
The No-On-E Club states "No
other position in any branch of government is subject to this kind of
treatment." This statement is untrue. Many government
employees have union dues deducted from their salaries for their job
protection. All members of the
State Bar are required to pay Bar dues to assure the integrity of the legal
profession. Likewise, judges need the protection of J.A.I.L. for the
preservation of the integrity of their profession. A judicial system that is
perceived by the public as having no integrity will certainly face its demise.
Even as the U.S. Judicial Code of Conduct sets forth:
"Canon 2A. Public confidence in the judiciary
is eroded by irresponsible or improper conduct by judges. A judge must avoid all
impropriety and appearance of impropriety. A judge must expect to be the subject
of constant public scrutiny. A judge must therefore accept restrictions that
might be viewed as burdensome by the ordinary citizen and should do so freely
and willingly. The prohibition against behaving with impropriety or the
appearance of impropriety applies to both the professional and personal conduct
of a judge. ... Actual improprieties under this standard include violations of
law, court rules or other specific provisions of this Code. ..."
Everything goes to the courts
when problems arise that can't be resolved. "We'll take the matter to court" is
considered the proper "remedy" --and it should be! The judiciary is the funnel
through which all complaints ultimately pass, and therefore, it's the judiciary
that must be held accountable to the People for its procedural conduct as the
final arbiter in dispute resolution. "This kind of
treatment" has been needed for more than
200 years. It's a treatment that will restore justice in this nation and
preserve the integrity of our judicial system.
The No-On-E Club incorrectly states, "judges
have to pay for the privilege of being personally sued by a disgruntled
litigant." Being "personally sued by [any] litigant" is strictly at the
election of that litigant, after the Special Grand Jury has
determined, based on the court record, that the judge(s) in question may have
committed any of the violations set forth in paragraph 2, to be finally
determined at a subsequent trial, if pursued by the litigant. Judges would be
paying for the pretrial determination by the SGJ if that becomes necessary --not
for being sued.
The subject of judicial accountability is the
judges. It is because of judges, and the power they wield, that a process of
judicial accountability to the People must be available as a final check on that
power. Think of this funding as a type of insurance premium which judges must pay
in order to assure their job security. It is further in the interest of the state
itself to have its judiciary
participate in the expense of maintaining the integrity of the system, and not
burden the innocent taxpayers. An honest and accountable judicial system benefits
everyone.
The author doesn't hate judges --he hates
corruption.
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