I am Ron Branson, National J.A.I.L. Author/Founder, (email@example.com)
Webmaster's Note: For J.A.I.L.'s response to article number one please see "Read and Understand the Amendment Before Reporting Irresponsibly On It".
In his Aug. 28 Argus Leader column, David Kranz reports
"(a) judge could go to jail for handing down a ruling in South Dakota that
someone disagreed with if an effort is successful to put the Judicial
Accountability Initiative Law (J.A.I.L.) on the ballot" in the next
Kranz further reports that if J.A.I.L. is enacted into law, a "grand jury, selected from a pool of registered voters ... would be seated" to adjudicate citizen civil and criminal complaints against judges.
In justification of the vigilante thrust of J.A.I.L. to override the rule of law as decided by the judiciary, J.A.I.L. spokesperson Allen Unruh proclaims, "I think judges all over the country are getting out of control. Our forefathers devised a system of checks and balances, but never for judges doing what they are doing reinterpreting the Constitution and undermining the people."
At the bedrock of "checks and balances" is the inherent right of the judiciary to adjudicate the constitutionality of legislative acts and executive orders. That was determined by Marbury v. Madison in 1803.
If enacted - a law that empowers a grand jury to pierce the veil of judicial immunity and therewith expose judges to civil lawsuits for financial damages and grand jury indictments for criminal charges - J.A.I.L. will not preserve the checks and balances as devised by our forefathers as disingenuously proclaimed by Unruh.
It instead will so subvert the independence of our judiciary as to destroy the constitutional checks and balances between the legislative, executive and judicial branches of South Dakota government.
With the passage of J.A.I.L., Unruh makes the dire prediction that "South Dakota will be the first to challenge Roe v. Wade, to throw judges in jail if they violate the Constitution. There will be a grand jury if they legislate from the bench."
While, given the formidable political strength and extensive geographical outreach of the anti-choice activists who now are networking in South Dakota opposition to a woman's right to an abortion, J.A.I.L. will, in all probability, get the 33,450 signatures required to put it on the ballot for Nov. 7, 2006.
It is my prediction that at least 60 percent of the voters will vote "no" to the adoption of J.A.I.L. as law, so as to preserve judicial immunity and therewith insure independence of our judiciary and historical checks and balances between our three branches of government.
Should in the improbable event J.A.I.L. be enacted into law by majority vote, it is my opinion as a civil rights lawyer that J.A.I.L. will by our judiciary be held to be unconstitutional, as J.A.I.L. on its face clearly abrogates the rule of law.
J.A.I.L. would work such anarchy within our system of government that it should be summarily rejected by every clear-thinking voter in South Dakota.
It should be noted that J.A.I.L. is a national grassroots organization that is composed of many people from all walks of life, including Republicans, Democrats and every political party. We have people from the left and from the right.
Our policy within J.A.I.L. is that everyone within J.A.I.L. should advance the cause of J.A.I.L. without seeking my express permission. If there are any misstatements about the policy of J.A.I.L. we shall deal with them as they arise. Obviously, my being the Author/Founder of J.A.I.L., it is I who ultimately must establish the formal position of J.A.I.L. In that endeavor, everyone at the first stage of speaking on behalf of J.A.I.L. is a "spokesman" for J.A.I.L.
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