Currently eleven state have the right to Peremptory Disqualification. All of our states should have this right. A citizen should not be at the mercy of a judge who is an old nemesis or a predator. This bill allows a litigant to remove a judge, in civil, criminal or federal matters, believed to be biased, or for any reason, within 20 days of being assigned to the case. See Alaska statute 22.20.022.
The People in 26 of our states have a right to Judicial Recall on a rolling basis. All of our states should have that right. To wait for reconfirmation hearings allows a mentally ill judge to do too much damage. Here are some issues that could bring about a judicial recall hearing:
A Motion for Clarification or Motion for Articulation must be answered by a judge with a reason grounded in the law or common sense. To deny, without explanation either of these two motions is grounds for recall. Every litigant deserves an answer and every judicial decision must be based on the law. This simple change in an existing statute would eliminate behind the scenes deals. This change includes the Appellate Court. In Connecticut for instance, only 21% of briefs received are answered. This new rule would force judges to answer all.
Spread awareness of the tricks employed - phony judicial indignation – including the abuse of the marshal service is a recall offense. A judges may take issue of your behavior but what they are really doing is displaying phony indignation so they don't have to answer the motion in front of them. It is a ploy to throw the case - usually to deny due process. Any trickery, gamesmanship and/or lies - by a judge will trigger a recall hearing. This comes in so many forms including: selective blindness of what is on the page in front of them, lies about statutes, scheduling you to be in two places at once, requiring the impossible. Trickery come in many forms.
In criminal court: A Motion to Dismiss is given a full hearing on the merits within 60 days. How are innocent people supposed to get out from under unlawful charges if they cannot have a motion to dismiss heard? A criminal court judge who refuses to hear a motion to dismiss will face recall. This prevents the powerful from employing prosecutors-for-hire to use the court system to torture.
When you order a transcript you get the audio. This is to prevent the tweaking of the transcript by unscrupulous judges, lawyers and litigants. This technology is old. This is a goal easily achieved.
Some state probate courts and criminal courts lack electronic docket (most are currently hand written). In both of these types of matters the State is a party. When the State stands to gain, they want the upper hand. Those litigants appealing from a ruling are forced to re-create their own docket - a next to impossible task. Computer dockets are backed-up so the unscrupulous can't claim you didn't file or ignore your motion.
Although judges can be held accountable for any violations of the law, they rarely are. Sovereign immunity has gone too far. Make everyone accountable, including judges. Any judge who enables wrong-doing could also face a judicial recall hearing.
All Judges must rotate – even judge trial referees. The rotation every four years in some States is supposed to prevent fiefdoms and tiers of power. The old guys come back as Judge Trial Referees and they don’t have to rotate. They never leave and their power is unchecked. Let's make them all rotate.
In Connecticut the Grand Jury was eliminated in 1984. The People have a Constitutional right to a Grand Jury. A full 24-person grand jury in every State and, easy access to allow the exercise of this right.
No denial of due process. Judges purposefully effect the outcome of cases by denying due process; they do this in a variety of ways. Any denial of due process of evidence, and especially without an objection from the other side, is a definite ground for disciple and could trigger a recall hearing if it is provable the denial was meant to throw the case. This is illuminate judge's from influencing the outcome.
The hearts, minds and money of the American public is the extremist Israelists' goal. Revised "Hate Crime" legislation is sweeping the country making any reference to Israel, in less than glowing terms, a crime. Also the abuse of the "antisemitic" label is another ploy to browbeat into quietude. Any judge or ranking law enforcement official who abuses their role to punish a politician or citizen for engaging in much needed dialog or doing the bidding of those who seek to stifle, is committing lawfare. Abusing our court system or general statutes for individuals whose loyalty is elsewhere is treason and a reason for disqualification.
Gratuitous adding on behind the scenes of harassment charges by prosecutors to abuse of the mental health statutes. Currently in some states, two or more convictions of harassment and the State can order a psychiatric evaluation. Worse than the penal code is the prospect of being confined to a mental institution. This is the modern day witch hunt. Gratuitous adding on of harassment charges by prosecutors or anyone other than the arresting police agency will NOT lead to psychiatric evaluation.
The Glen Campbell Bill (2016 Campbell / Falk Act) out of Tennessee prohibits the isolation of our mentally impaired seniors by the self-interested. This bill must be adopted across the country. The conservator cannot keep a senior isolated from family and other people.
Revision of the Guardian Ad Litem statutes. It is relatively easy to learn the law, it is next to impossible for some lawyers to development the necessary sensitivity to deal with children. Therefore, a Guardian Ad Litem does not have to be a lawyer, but can instead be a specially trained therapist who charges between $40 and $140 an hour. This reduces the cost to the parent and prevents the much publicized widespread abuse.
The State of Connecticut, as a defendant, has very few lawsuits on the Judicial website. That is because the powerful: the State players and other VIP players have the ability to remove cases. You and I cannot as we are denied "for the interest of justice" and public's right to know. Okay back at you: The People have a right to know. This bill prohibits removal by the State of any filed lawsuits, makes it a strike toward impeachment of a state employee to remove a case from the judicial website for any party.
The Vexatious Litigation cause of action can only be decided by trial by jury - not by a judge, and definitely not by the judge presiding on the original case. This bill will prevent lawyers and their powerful judge friends from abusing the Vexatious Litigation statutes.
Know of any more abuses - tell us. If you or someone you know has been the victim of any of the above, contact us. We want to hear your story.