| 1. J.A.I.L.
is limited to when it may
act
"[N]o
complaint of misconduct shall
be considered by the Special
Grand Jury unless the complainant
shall have first attempted
to exhaust all judicial remedies
available in this State within
the immediately preceding
six-month period."
¶11.
This provision
shows that J.A.I.L. will not
interfere with the system.
The People will allow the
system to work as it should,
all the way through to final
exhaustion of all available
judicial remedies. It is not
the intention of J.A.I.L.
to disrupt the regular operation
of the established judicial
function. J.A.I.L. will in
no way undermine the operation
of the judicial system.
J.A.I.L.
will have no jurisdiction
to act until the system is
entirely finished with a case,
through all possible appeals,
reviews, and other available
proceedings in the final state
court (or review by the U.S.
Supreme Court if that
option is taken) that can
take remedial action. It is
only after the system has
done everything it intends
to do to provide a remedy
that a complaint may
be filed with the Special
Grand Jury for its examination.
There
are two exceptions to the
"exhaustion" requirement
which are set forth in paragraphs
17 (Criminal Procedures) and
22 (Challenges to this Amendment).
¶17:
"In addition to any other
provisions of this Amendment,
a complaint for criminal conduct
against a judge may be brought
directly to the Special Grand
Jury, when all of the following
conditions have been met:
(1) an affidavit or declaration
of criminal conduct has been
lodged with the appropriate
prosecutorial entity within
ninety days of the commission
of the alleged crime; (2)
the prosecutor declines to
prosecute, or one hundred
twenty days has passed following
the lodging of such affidavit
or declaration, 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. ..."
Here again,
before J.A.I.L. has jurisdiction
to examine a criminal matter,
the People allow ample time
for the system to work first,
before the Special Grand Jury
may act. J.A.I.L. neither disrupts
nor undermines the prosecutorial
operations of the system.
Only after the system fails
to act does J.A.I.L. become
involved, and not before.
¶22: "No
judge under the jurisdiction
of the Special Grand 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 and a complaint
for such misconduct may be
brought at any time, without
charge, before the Special
Grand Jury by class action,
or by any adversely affected
person."
Of course,
no exhaustion requirement
is needed regarding any challenges
to the J.A.I.L. Amendment
as specified.
In summary,
J.A.I.L. is limited to participate
only after the system allegedly
fails to provide a remedy
for the People under its own
prescribed processes
and procedures.
2. J.A.I.L. is limited
to what it may act upon
Only any
of the following alleged violations
will trigger J.A.I.L. action:
(See ¶2)
- Any deliberate violation
of law
- Fraud or 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
- Any deliberate violation
of the Constitutions of
South Dakota or the United
States
Only for
any of those seven strict
violations of procedure, and
no others, will judges be
subject to civil suit without
the shield of judicial immunity,
i.e., judges will be held
accountable only for any acts
involving those seven procedural
violations. Those seven violations
are ways in which judges
refuse to provide a judicial
remedy to which the People
are entitled by law.
Please
note that it has nothing to
do with "liking"
or "not liking"
a decision-- it is strictly
a matter of law! Accordingly,
J.A.I.L. will enhance the
"independence of the
judiciary" by forcing
judges to rule pursuant to
law and not in response to
pressure from individuals,
or from the system.
Put in
another light, ask yourselves
the following questions:
- Should a judge be allowed
to deliberately violate
the law with impunity?
- Should a judge be allowed
to commit fraud or conspiracy
with impunity?
- Should a judge be allowed
to intentionally violate
due process of law with
impunity?
- Should a judge be allowed
to disregard material
facts of a case with impunity?
- Should a judge be allowed
to commit judicial acts
without jurisdiction with
impunity?
- Should a judge be allowed
to block a lawful conclusion
of a case, i.e., commit
any act that impedes such
a conclusion, including
but not limited to, unreasonable
delay and willful rendering
of an unlawful or void
judgment or order, with
impunity?
- Should a judge be allowed
to deliberately violate
the Constitutions of South
Dakota or the United States
with impunity?
The only
ones who would answer "yes"
to any of those questions
are the tyrants themselves,
and tyrant-sympathizers. For
more than a century, judges
have been allowed to do all
of the above with impunity.
The tyrants and their sympathizers
refer to this as "settled
law in the United States"
which J.A.I.L. "will
overturn." The
only thing J.A.I.L. will overturn
is TYRANNY!
~~~~~~~~~~~~~~~
The People's
rights are violated every
day in courts across this
nation. South Dakota is no
exception. Under what the
tyrant-sympathizers refer
to as "settled law in
the United States" judges
are allowed to commit the
violations listed above with
impunity because of the routine
abuse of judicial immunity
which blocks the People's
right to redress of grievances,
and thus denies them the judicial
remedy to which they are entitled
as a matter of law. This practice
amounts to nothing less than
tyranny and despotism.
Yes, the
century of "settled law
in the United States"
claimed by the tyrant-sympathizers
(whether the legislators,
lawyers, the Bar Association,
or anyone else so inclined)
is TYRANNY-- pure and not-so-simple.
That is what the People of
South Dakota want overturned
through J.A.I.L. It
is their right-- it is their
duty to do so!
PLEASE
BE SO ADVISED!
-Barbie-
Ron Branson
Author/Founder
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