The
Problem: Dishonesty and Corruption
in
our Legal System and our Government.
The
Solution: State Legislation
GRIP
(Government
Reform
&
Integrity
Platform)
is
a
non-partisan
coalition
of
organizations
and
individuals
attempting
to
correct
problems
with
our
legal
and
judicial
system
and
the
problem
of
dishonest
and/or
corrupt
government
officials.
Led
by
William
M.
Windsor
and
LawlessAmerica.com,
a
wide
variety
of
people
have
combined
forces
to
draft
proposed
state
legislation
that
will
fix
many
of
the
problems.
- All court proceedings shall be recorded, and all parties shall have the right to do their own recording of all proceedings.
[Judges
and attorneys get away with lies, concealing the tone of their
comments, and falsifying court transcripts; this will be a tool to
make them more accountable while protecting the fundamental rights
of the parties.]
- Each elected official and every government employee in the state, including all federal elected officials and federal employees operating in the state, shall be required to sign a Contract with the Citizens of the State and the United States that requires them to be honest at all times and defend the fundamental rights protected by the Constitution and Bill of Rights.
[This
Contract makes all elected officials accountable to the people;
they are essentially accountable to no one at this time.]
Violation of the Contract will be presented to a Special Grand
Jury.]
- Judges must address all points raised by all parties in every court decision with a clear explanation with citation to determining facts, statutes, and case law.
[One
of the dishonest/corrupt techniques used by judges is to ignore
the issues, facts, and law. By forcing judges to address the
issues, facts, statutes, and case law on each issue in their
orders, judges will either treat the parties fairly or expose
their corruption for all to see. When judges violate this
provision, an aggrieved party will now have the ability to take
the matter to a Special Grand Jury.]
- Appellate judges must address all points of error in every appellate decision with a clear explanation with citation to determining facts, statutes, and case law.
[Appellate
judges are even more dishonest that lower court judges when it
comes to ignoring the issues, facts, statutes, and case law.
By forcing judges to address the issues, facts, statutes, and case
law, judges will either treat the parties fairly or expose their
corruption for all to see. When judges violate this
provision, an aggrieved party will now have the ability to take
the matter to a Special Grand Jury.]
- Judges must insist that people tell the truth in court with extreme consequences for those who don't.
[There
are rules that will make the legal process infinitely more fair
and less expensive. Judges must honor and enforce the
rules. It is one of the only ways to get witnesses and
attorneys to be more honest.]
- Perjury is a cause of action that will be allowed in a civil suit with an automatic jury trial.
[Currently,
people can lie repeatedly in court, and those damaged by the
perjury have no recourse, and judges do nothing. Citizens
need the ability to seek damages against witnesses in court who
commit perjury.]
- Attorneys must go by the letter of every law and every professional rule. Judges must subject attorneys to onerous consequences for violations.
[There
are rules that will make the legal process infinitely more fair
and less expensive. Judges must honor and enforce the
rules. It is one of the only ways to get attorneys and
judges to be honest.]
- Attorneys who violate their Code of Professional Conduct shall be referred to a Special Grand Jury.
[Attorneys
are a big part of the problem with the legal system. If they
followed their Code of Professional Conduct, the legal system
would be much fairer, and the expense of litigation would be
dramatically reduced. Accountability by an independent
Special Grand Jury should have amazing impact.]
- "Motion practice" must be minimized. Judges must hold conferences and allow attorneys and pro se parties to communicate important issues directly to judges.
[In
federal courts especially, judges avoid all contact with the
attorneys and parties. They force the parties to file
motions, responses, and replies to motion after motion. This
runs up massive legal fees and provides infinite opportunities for
misconduct and mistreatment of the parties.]
- Judges may not dismiss a case or enter summary judgments when a jury trial has been requested.
[Judges
corrupt the judicial process by depriving parties of a jury
trial. Juries must make the decisions in legal matters --
not judges.]
- All family court trials shall be by jury.
[Family
court abuse and corruption is one of the most widely-criticized.
Judges and their friends involved in the family court process
create a situation ripe for injustice and corruption. We
must remove the judges from this life-altering process for so many
people. Let a jury of local citizens with their own families
make these serious decisions.]
- All court cases involving the government or a government employee must be trials by jury, and summary judgments will not be allowed in such cases to avoid the prejudice of a government employee judge having bias for another government employee.
[Bias
must be protected against at all costs. It is only human
nature for us to "protect our own." This must no
longer be allowed.]
- Judges may not ignore or change the rules of civil procedure.
[Judges
may favor one attorney or party over another by selectively
ignoring the rules or independently making their own
after-the-fact rules. There are rules, and everyone must
adhere to them. Judges must not be given the power to
deprive a party or attorney of the protections and requirements of
published rules.]
- All orders must be signed by the judges involved.
[In
many cases, the judges do not sign the orders. There is no
way to know if the judges actually participated in the decision.
Every order must be signed by the judges involved to prove that
they participated in the decision and to make the orders valid.]
- All court decisions shall be published.
[Courts
do not publish many of their orders. This keeps others from
seeing their wrongdoing and mistakes. By publishing every
decision, judges will have to do a better job, and they will be
exposed to criticism by other judges and attorneys who identify
their mistakes.]
- The votes of each judge involved in a decision shall be made part of the public record.
[When
multiple judges are involved, the parties and the public deserve
to know how each voted.]
- Judges must adhere to sentencing guidelines.
[There
must be rules, and the place for a judge in the process is to go
by the rules. We must minimize interpretation and freedom
for judges to do whatever they want, because that is what has made
our judicial system so unfair and corrupt.]
- Campaign contributions are not allowed for funding judicial campaigns.
[Campaign
contributions create the perfect opportunity for corrupting the
judicial system. Elections for judges should be done with no
contributions of any type allowed.]
- There shall be no requirement of a legal degree and legal experience for judicial positions in cities, counties, and states.
[Lawyers
are a big part of the problem with the legal system. Lawyers
as judges come to the position with a built-in prejudice for their
friend attorneys and may have a bias against attorneys they
faced. If the participants in a case go by the rules and the
law, any intelligent person can serve as judge. It is unfair
to limit judge positions to attorneys.]
- Parties may represent themselves in all legal proceedings in the State. Corporations, Limited Liability Companies, Partnerships, and other legal entities may also be represented by an officer of the corporation in legal proceedings, and representation by an attorney shall not be required.
[Statutes
say that parties may represent themselves, but all of the
attorneys involved in the law-making and judicial processes have
twisted the intent of the law to force legal entities to spend
zillions of dollars on attorneys. Pro se parties (those
individuals who represent themselves) are generally discriminated
against by judges, and this must not be allowed. Allowing
legal entities to represent themselves will save billions of
dollars in legal fees and will dramatically reduce the costs of
operating the judicial system.]
- A spouse may represent his or her spouse in legal proceedings if there is a properly executed power of attorney granting such right.
[Once
again, judges ignore the law and refuse to allow an individual to
be represented in court by someone pursuant to a power of
attorney. This must be stopped. When a power of
attorney grants a person to handle legal matters, it must apply to
anyone in any legal matter, especially litigation.]
- All pro se parties shall be given the ability to make electronic filings, if they choose.
[In
most courts, only attorneys are allowed to file electronically.
This also enables them to file just before midnight on a due
date. Pro se parties are forced to print everything, and
they have to file by the time the clerk's office closes (usually 5
pm or earlier). This inflates the cost for pro se parties,
increases the costs of judicial personnel, and gives an unfair
advantage to the attorneys. Pro se parties should take
online training on how to use the electronic filing system, and
they should have the option to save money and time by filing
electronically.]
- Pro se parties now represent approximately one-third of all parties in lawsuits. Each county in the State will establish an office with at least one staff attorney to assist pro se parties at no charge.
[Pro
se parties usually cannot afford attorneys. Some courts
provide assistance, but most don't. One-third of the
citizens involved in the legal process must be helped.]
- Each county shall have grand juries, and citizens will be able to directly present charges of government misconduct and corruption to a Special Grand Jury.
[Article
of
Amendment
V
of
the
Bill
of
Rights
gives
grand
juries
the
power
to
deal
with
judicial
and
government
wrongdoing
through
the
power
of
Presentment.
Not
all
states
have
county
grand
juries,
but
they
are
needed
in
every
state
in
every
county.
Where
grand
juries
do
exist,
government
officials
may
block
a
citizen's
access
to
the
grand
jury,
and
this
will
be
fixed
through
this
clause.]
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.
Investigative
grand
juries
may
compel
evidence
and
subpoena
witnesses;
may
compel
production
of
documents
filed
under
seal;
may
inspect
records,
documents,
correspondence,
and
books
of
any
department,
agency,
board,
bureau,
commission,
institution,
or
authority
of
the
state
or
any
of
its
political
subdivisions;
and
may
require
the
production
of
records,
documents,
correspondence,
and
books
of
any
person,
firm,
or
corporation
which
relate
directly
or
indirectly
to
the
subject
of
the
investigation
being
conducted
by
the
investigative
grand
jury.
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.
[This
provides
terms
for
the
implementation
of
this
clause.]
- Special Grand Juries shall be responsible to ensure that government officials are honest above all else. The Special Grand Jury shall require active investigation of politicians for corrupt behavior.
[This
is essential if we are to minimize corruption. The power
must be in the hands of the citizens.]
- All judicial misconduct complaints will be handled by a Special Grand Jury. The judicial system will cease “policing” itself. All judicial complaints will be made public.
[Expecting
judges to discipline their friends (fellow judges) is not at all
right. Complaints are also kept confidential. A Grand
Jury composed of citizens from the county will ensure fair
consideration of the issues. Making the complaints public
will allow others to see the complaints that have been made, and
it should serve as a deterrent to those who might commit
misconduct.]
- All attorney misconduct complaints will be handled by a Special Grand Jury. The association of attorneys (Bar Association) will cease being the sole means of “policing” attorneys. All attorney complaints will be made public.
[Just
as with judges as discussed immediately above, expecting the
association of attorneys to discipline their members isn't the
independent way that complaints should be handled. Citizens
probably are not aware that the Bar Association is nothing but an
association; it isn't a government entity. Attorneys do
massive damage to people, and the way to minimize this is to make
attorneys accountable to a jury of citizens from the county.]
- Judges may be removed from office for cause. Cause shall include deliberate violation of law, fraud, conspiracy, intentional violation of due process of law, deliberate disregard of material facts, using erroneous law, ignoring valid precedents, judicial acts without jurisdiction, blocking of a lawful conclusion of a case, or any deliberate violation of the Constitutions of the State or the United States and the Bill of Rights as well as dishonesty.
[The
reports
of
proven
judicial
corruption
nationwide
are
staggering;
the
scary
part
is
all
the
corruption
that
the
judges
are
able
to
hide.
The
only
way
to
keep
judges
honest
is
to
have
a
Grand
Jury
and
the
power
to
remove
judges
for
cause.]
- Complaints about foreclosure fraud may be presented to a Special Grand Jury.
[Foreclosure
fraud is a form of government-assisted corruption. Those in
danger of losing their biggest asset need help and fast. We
the people need to protect them.]
- Parties may present claims of attorney misconduct, judicial misconduct, clerk's office misconduct, and law enforcement misconduct to a Special Grand Jury.
[Attorneys,
judges, judicial staff, clerks of court, and law enforcement all
commit misconduct, and a Special Grand Jury provides the
independent tribunal that the citizens need.]
- Complaints about Child Protective Services (CPS) and other state agencies may be presented to a Special Grand Jury.
[Government
corruption may take place in any agency. CPS is an area
where abuse is often alleged.]
- It shall be a child's right to be raised by his parent(s), free from government intrusion; have an attorney of his choice; be heard in court personally; be allowed to report abuse and know that the system will protect them; be protected from mental and physical abuse by guardians as well as the judicial system; and receive justice.
[Currently,
the way children and their families are treated by the judicial
system is a crime in and of itself. We the people must
protect families and the children. These rights must be
mandated because the existing system is hopelessly broken.]
- No child may be taken from family without evidence and a hearing.
[Children
are being removed from their homes at the whim of people.
This life-altering decision must first be made in court and
decided by a jury. We cannot allow families to be torn apart
by people who should have no authority to take such serious
action.]
- All children deserve to live a childhood free from abuse, exploitation, and government interference during custody litigation.
[Custody
litigation is devastating to many. The children must be
protected not damaged by the system.]
- The statute of limitations shall be eliminated in cases of sexual assault against children. The statute of limitations shall be eliminated in cases of perjury and fraud upon the courts.
[Laws
must not be used to deprive citizens of recourse for wrongdoing.]
- Judges must recuse themselves in specific circumstances, including if they are party to a lawsuit with a litigant. Bias can be demonstrated by actions in a lawsuit. All complaints of judicial bias will be resolved by a Special Grand Jury if a party chooses to pursue the matter after a judge refuses to recuse himself/herself.
[One
of the areas of great abuse by judges is their refusal to recuse
themselves. Once again, if judges went by the rules, the
system would be fair...but they don't. Judges rarely recuse
themselves when outsiders would feel the judge has bias that
should require them to recuse themselves. Judges must be
encouraged to abide by the rules and the intent of the recusal
process, and if they fail to recuse themself three times when a
Special Grand Jury says they should have, they should be removed
from office.]
- No immunities shall be extended to any judge in this State except as is specifically set forth in this Law. The theory of judicial immunity is to protect judges from frivolous and harassing actions. However, deliberate violation of law, fraud, 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 and the Bill of Rights and dishonesty are violations by judges that are not frivolous or harassing. A Special Grand Jury's responsibility shall include 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. Special Grand Juries shall also have the power to independently pursue charges against any government officials through the power of Presentment.
[Judges
have manufactured claims of immunity for themselves using a case
from the 1800's that is archaic and not really even applicable.
Judges must not be allowed to corruptly, maliciously break laws,
ignore laws and the facts, andf abuse parties. They must be
held accountable for their wrongs just as each of us is held
accountable. If judges don't like this risk, then they
should get real jobs like we all do.]
- Should the Special Grand Jury 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.
[This
procedure is essential for the effective implementation of this
Law.]
- No judge complained of or sued civilly 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 Law.
[Currently,
the government office responsible for taking action against a
judge is also the office that provides counsel to represent judges
at the taxpayer's expense. Judges should have to pay for
their own legal counsel, or represent themselves, just as we the
people have to do.]
- Any judge or government official removed from office shall not thereafter serve in any government or judicial position. Retirement for such removed officials shall not exceed one-half of the benefits to which such person would have otherwise been entitled.
[We
must cease giving outrageous benefits to those who commit
wrongdoing.]
- Attorneys and government employees will not be eligible to serve on a Special Grand Jury.
[Attorneys
and government officials have an automatic conflict of interest
and a natural bias for one of their own. Attorneys may also
be risking their careers due to reprisals from a judge or
government official that they take action against.]
- All Bar documents must be public record.
[Nothing
in the legal world should be secret, especially complaints about
participants in the legal process.]
- The Model Code of Professional Conduct for attorneys shall become law, and the Bar Association will cease to have the authority to discipline attorneys except as members of their club.
[There
is a conflict of interest to have the association of attorneys
disciplining their members for actions that affect citizens of the
state. The vast majority of problems with the legal system and
dishonest and corrupt government officials are with attorneys.
Many attorneys ignore their so-called rules of conduct, and
nothing is done about it. By making law out of the rules they are
supposed to operate by, the citizens will have a much better
chance of a fairer legal system.]
- The Code of Judicial Conduct shall become law, and fellow judges shall cease to have authority to discipline judges.
[There
is a conflict of interest to have judges in charge of reviewing
complaints against their fellow judges for actions that affect
citizens of the state. Many of the problems with the legal system
and dishonest and corrupt government officials are with judges who
are attorneys. Many judges ignore their so-called code of
conduct, and nothing is done about it. By making law out of the
Code they are supposed to operate by, the citizens will have a
much better chance of a fairer legal system.]
- All attorneys and judges must pass a competency exam on constitutional principles, particularly rights.
[States
must ensure that qualified people are in place.]
- Impose requirements for bonds on all attorneys and judges, which they pay for out of their own pockets, and make it easy for their victims to file complaints reviewed only by the Special Grand Jury.
[This
will clean up a lot of corruption and dishonesty.]
- This Law applies to federal courts as well as state, county, and local courts, because federal courts and federal judges are allowed to operate in the state as a guest of the state.
[Federal
courts must not be allowed to operate in a dishonest or corrupt
manner. Federal employees functioning in our state must
abide by our state's laws.]
- Corruption
must
be
minimized
in
government.
[The
government
has
not
been
able
to
effectively
deal
with
corruption
in
government.
We
must
put
the
power
to
deal
with
corruption
into
the
hands
of
the
people.
The
provisions
of
this
law
are
designed
to
do
just
that.]