J.A.I.L. News Journal
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Los Angeles, California                                                    May 13, 2004

Judges to Decide
Who Will Judge the Judges
 
Below is an article over the power struggle on who should oversee the conduct of New Hampshire's state judges, the judiciary, or the legislature. The legislature argues that the current New Hampshire Judicial Conduct Commission is worthless, and the courts are arguing that for the legislators to get involved in overseeing the judiciary is a violation of the doctrine of separation of powers.
 
The court's argument on separation of powers is misplaced indeed. The separation of powers doctrine is being misinterpreted by the courts to mean that one branch of government should not interfere with the operations of another branch. However, it is elementary that the separations doctrine is precisely the very reason each of the branches of government must be a check and balance upon one another. Our Founding Fathers designed the Constitution so that the fullest of accountability would be achieved by the separations doctrine in providing for each branch to challenge and call to account the other two branches of government.
 
The legislature calling the court's commission worthless is well founded by the evidence of the past, and it the same results is well established throughout all fifty states commissions. Ironically, it is the judges who are being called upon to settle this argument between the courts and the legislature.
 
J.A.I.L. proposes a solution to the problem by amending all the fifty states' Constitutions. It is common sense that the People must be the final and last resort of accountability of the judges. This fits with the desired ends of a government of the People, by the People, and for the People. It is clearly manifest that freedom and liberty does not emanate from legislatures, as the saying goes, "No man's liberty, property or freedom is safe so long as the legislature is in session," and that is why we have a judicial system with juries built in.  However, it is also clear that the judiciary cannot be trusted either, and must, of necessity, have a body outside of themselves to which they are accountable. The answer certainly is not found in Judicial Commissions because of political influence and control. So, what is the answer? It is, and can only be J.A.I.L.  And until that happens our country will continue its plight downhill while the People screech in horror at the direction our country is going. - Ron Branson.
 
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Court to decide who will judge state judges
Concord Monitor Online

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