S.D. activists target judges with ballot issue

A movement is under way in South Dakota to turn the tables on members of the bench. Activists are trying to put a radical measure on next year’s ballot that could make South Dakota the first state to let people who believe their rights have been violated by judges put those judges on trial. Citizens could seek damages or criminal charges.

The J.A.I.L. initiative would establish a mechanism for penalizing judges who improperly administer the law in their courtrooms by making them subject to special grand juries that could allow for civil and/or criminal consequences.

The South Dakota amendment would eliminate state judges’ immunity in cases involving deliberate violations of the law (by the judge), someone’s constitutional rights or deliberate disregard of the facts. People could file complaints against judges after the traditional appeals process has concluded. A special grand jury would handle complaints, deciding whether a judge could be sued or face criminal charges.

If the grand jury decides on criminal charges, it could indict the judge and create a special tribunal that would act as both judge and jury, deciding guilt and any sentence. The measure would not apply to federal judges.

Predictably, this has members of the PLM (Politico-Legal-Media) complex upset. Thomas Barnett, Exec. Director of the SD Bar Assoc. already telling lies about the measure to the effect that it would allow convicted felons on the grand juries (NOT! They are specifically excluded!), and that the measure is about suing judges whose decisions you dislike (NOT! The measure only addresses procedural actions that violate a person’s due process rights.)

The Chief predicts that when this gets certified for the ballot – attacks will get FAR worse than that!

For the straight story go to the J.A.I.L. site, or to SouthDakotaJudicialAccountability.com.

By the way, J.A.I.L. stands for Judicial Accountability Initiative Law.