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Has anyone heard about this Amendment E? I think they're on to something.

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shance Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-30-06 11:23 AM
Original message
Has anyone heard about this Amendment E? I think they're on to something.
This needs to be happening nationwide, state to state.....

What is Amendment E?

Right now, there is no effective way to hold a judge accountable should he violate a person's rights in "his" courtroom. Amendment E will change that.

A Judge SHOULD be accountable should he violate a person's rights, either on purpose or even by mistake. And in case you think that holding a judge accountable for mistakes is a bit harsh, please keep in mind that you and I are held accountable for our mistakes. (If you accidentally sideswipe someone's car, you will be held accountable!)
Last summer and fall, some 46,800 South Dakotans signed the Judicial Accountability Amendment petition.

You may have been one of them. If so, thank you for helping to get the Amendment on the November 2006 ballot as Amendment E!

Basically what Amendment E will do is create a "citizen's oversight committee" with the sole purpose of hearing complaints against judges alleging judicial misconduct.


By now most of you have heard or read something about Amendment E, the Judicial Accountability Amendment. Probably what you have heard was negative.

Holding judges accountable when they violate a person's rights in court seems to bother some people, mainly judges, lawyers and other government connected people. Why?

The SD State legislature, the State Bar, most attorneys, and the special interest lobbyists are all having fits over Amendment E. It seems that a lot of people working for or with government, from the Governor all the way down to the county commissions and even school boards have come out against Amendment E. People in government just don't seem to want to be held accountable!

And now, I have some good news, and I have some bad news.

The good news is that we have learned that the South Dakota State Bar did a poll and discovered that South Dakota voters presently favor Amendment E at a rate of 3 to 1! (Those skeptical of this may verify it by calling Attorney Gary Zerman at 605-231-1258)

And now the bad news. We have also learned that the South Dakota State Bar plans to spend $1 million dollars or more to defeat Amendment E. This came right out of the minutes of their December meeting, passed on to us by our attorney who receives the Bar's newsletter.

And what does this "$1 million dollar strategy" to defeat the Judicial Accountability Amendment consist of? Well, to put it plain and simple, lies! And it's one lie after the next with these guys. You see, the judges, lawyers, South Dakota politicians, and the special interest lobbyists who are opposed to holding judges accountable are in a bit of a pickle. They can't come up with even one legitimate reason why judges should not be held accountable for misconduct, so they have no choice but to resort to lying.


We need your help to spread the truth. Here's what you can do:

Request "Amendment E" Flyers! Pass the flyers out to family, friends, co-workers and even to strangers you meet on the street.
Encourage others to get involved.
If you know of any businesses with either a customer waiting room or a customer service counter, ask if you can set up a small flyer display. We can send you as many plexiglas flyer displays as you can use. Just let us know.
Encourage everyone to make monthly donations! We will never come up with the $1 million dollars the State Bar has access to, but that doesn't mean we shouldn't try!
Thanks for your support, and please share any suggestions you may have.

Bill Stegmeier
Sponsor of Amendment E

What will Amendment E do?
Simply put, Anendment E will make the Judicial Branch of government answerable and accountable to an entity other than itself.

The passage of Amendment E will insure an honorable and accountable judiciary today and for future generations. Most importantly, passing the in South Dakota will inspire citizens from other states to restore integrity and accountability to the entire Judicial Branch of government. It all begins here in South Dakota -- With your support!

"The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality and virtue and by frequent recurrence to fundamental principles."
-- Article VI, 27, South Dakota Constitution


We believe that you will agree and will do all in your power to support
South Dakota Amendment E.



http://www.southdakotajudicialaccountability.com/
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mrreowwr_kittty Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-30-06 11:28 AM
Response to Original message
1. Hmm...
I don't know about this. Smells like a pseudo-grassroots RW ploy to go after 'activist' judges.
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shance Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-30-06 11:34 AM
Response to Reply #1
2. Actually it's an oversight board of citizens to hear complaints about
judges.

You have a good point however. It could be a metaphor overall. Its not as much the vehicle by which we govern as much as it is the character and caliber of those who govern.

I think like anything it is "who" is on the board, which would determine a lot of the protection of good judges. It also depends on participation. If the Right wing is allowed to take it over because other citizens are overworked, lazy, don't want to get involved, then yep, you're gonna get a witch burning crew of citizens.

Like the White House and like so many things, the law isn't probably as important as those who are allowed to use that power and/or abuse it. That is why I think we are seeing so much abuse of power because there are so many abusers at the helm.
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bluerum Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-30-06 11:35 AM
Response to Original message
3. When you have representative government, elected through fair
and transparent elections, you won't need this crap. You also need a government willing to enforce legislation that keeps corporate money from buying the government and the media.

What will Amendment E do?
Simply put, Amendment E will make the Judicial Branch of government answerable and accountable to an entity other than itself.


I am not so sure. It seems to me Amendment E will put more of OUR money into the hands of corporate lawyers. This will enable endless litigation.

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shance Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-30-06 11:55 AM
Response to Reply #3
4. This "crap"? What Amendments have you written lately?
Have you read what the Amendment says?

When you do, you will see the Amendment is an attempt to bring the power back to the citizen.

How in the world do you bring in corporate attorneys?

Any law or Amendment is only as good as those who utilize it with care and discernment.

It is up to us and our active participation that ensures that our governments run fairly. In many cases, those abusing power have yanked the power from our hands. This is an attempt to take our power back, on a state level I might add. Washington is bleeding every citizen dry of our power and our strength AND our states. That is what is so dangerous these days.

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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-30-06 12:05 PM
Response to Reply #4
5. With Amendment E we would still have segregated schools,
abortion would be illegal, etc., etc., etc. So, by all means, tie the hands of the judiciary and destroy our system of checks and balances.
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shance Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-30-06 03:27 PM
Response to Reply #5
9. I don't see how accountabilty by the citizens has anything to do
with segregation in schools etc.

How does giving citizens more power in holding our judges accountable ties their hands and destroys the checks and balances?
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-30-06 09:12 PM
Response to Reply #9
10. Sometimes majorities come after, not before, the right thing is
mandated by the courts.
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bluerum Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-30-06 12:47 PM
Response to Reply #4
6. Ok. Sorry about the c word. No - no amendments from me lately
Right now, there is no effective way to hold a judge accountable should he violate a person's rights in "his" courtroom. Amendment E will change that.

A Judge SHOULD be accountable should he violate a person's rights, either on purpose or even by mistake. And in case you think that holding a judge accountable for mistakes is a bit harsh, please keep in mind that you and I are held accountable for our mistakes. (If you accidentally sideswipe someone's car, you will be held accountable!)
Last summer and fall, some 46,800 South Dakotans signed the Judicial Accountability Amendment petition.


Can't judges be impeached to remove them from the bench in South Dakota?

Does Amendment E propose that in the event legislation that grants civil and human rights to "snowflakes babies" and human embryo's be passed, that every judge (in South Dakota) that ever voted to uphold Roe v Wade will be "held accountable"?

I mention corporate attorneys because someone will ultimately have to file and carry out legal action against offending judges - will they not? That someone will most likely be an attorney. How else will this amendment have any teeth? In what sense will judges be "held accountable"?
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MrCoffee Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-30-06 12:49 PM
Response to Original message
7. I don't like this at all...
Accountability for what, exactly? Accountable to who, exactly?

Can you link to the actual text of the amendment, or are you just campaigning for it?
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-30-06 01:24 PM
Response to Original message
8. Well, you have the appeals process, so it is not entirely true that
they are not accountable, but the system is bogged down and clumsy (though we can take some responsibility on that, having reaped so much legislation from our representative bodies that there is a lawsuit about all of it, and a lot of it is written unclearly) and so this committee may not be an entirely bad thing.

BTW, not all lawyers will be against this - only lawyers for the Big Firms will be against this. Solo practice and smaller firms would love it - those who get all kinds of crap from judges.

State Bars ought to go under the legislature too, and court rules. Committees of judges have long abused their power to make court rules to the point where a lawsuit is so expensive that the advantage goes to the one with more money, at least, in civil cases. As it is, the State Bars are in the power of the judges of the state supreme courts, and they burden lawyers with rules that make it easier for the big and wealthy lawyers to be in conformance with the rules and easier for the smaller guys to get stuck being unable to keep up with them.



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