--- ANY LEGISLATIVE TAKERS ??? __ PROPOSED LEGISLATION !!! Judicial Accountability Initiative Law - J.A.I.L. (a) Preamble. We, the People of West Virginia, 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 Article I 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 member of such Jury so selected as any other Jury. 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. 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 (d) The West Virginia Legislature Directs the following: 1. That the Judicial Investigation Commission shall perform the duties precisely a prescribed under West Virginia state law and shall include The Judicial Accountability Amendment in all regards. (e) Indictment. Should the Judicial Investigation Commission 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. (f) Special Prosecutor. The Judicial Investigation Commission shall appoint 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. (g) 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. (h) 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. (i) Enforcement. No person exercising strict enforcement of the findings of a Jury shall be held liable civilly, criminally, or in contempt. (j) Redress. The provisions of this Amendment are in addition to other redress that may exist and are not mutually exclusive. (k) Challenges to Amendment. No judge under the jurisdiction of the 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. (l) Preeminence. Preeminence shall be given to this Amendment in any case of conflicts with statute, case law or constitutional provision. Should any part of this Amendment be determined unconstitutional, the remainder shall remain in full force and effect as though no challenge thereto existed.
Posted on: Sun, 10 Nov 2013 02:36:31 +0000
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