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DonnellyJustice.Me is proud to be part of a movement with LawessAmerica.com for accountability in government

07 Nov

 

The Problem: Dishonesty and Corruption
in our Legal System and our Government.
The Solution: State Legislation
Lawless America is a non-partisan coalition of organizations and individuals attempting
to correct problems with our legal and judicial system and the problem of dishonest
and/or corrupt government officials. Led by William M. Windsor and
LawlessAmerica.com, a wide variety of people have combined forces to draft proposed
state legislation that will fix many of the problems.
1. All court proceedings shall be recorded, and all parties shall have the
right to do their own recording of all proceedings.
[Judges and attorneys get away with lies, concealing the tone of their
comments, and falsifying court transcripts; this will be a tool to make
them more accountable while protecting the fundamental rights of
the parties.]
2. Each elected official and every government employee in the state,
including all federal elected officials and federal employees operating
in the state, shall be required to sign a Contract with the Citizens of
the State and the United States that requires them to be honest at all
times and defend the fundamental rights protected by the
Constitution and Bill of Rights.
[This Contract makes all elected officials accountable to the people;
they are essentially accountable to no one at this time.] Violation of
the Contract will be presented to a Special Grand Jury.]
3. Judges must address all points raised by all parties in every court
decision with a clear explanation with citation to determining facts,
statutes, and case law.
[One of the dishonest/corrupt techniques used by judges is to ignore
the issues, facts, and law. By forcing judges to address the issues,
facts, statutes, and case law on each issue in their orders, judges will
either treat the parties fairly or expose their corruption for all to see.
When judges violate this provision, an aggrieved party will now have
the ability to take the matter to a Special Grand Jury.] 2
William M. Windsor – http://www.LawlessAmerica.com – 770-578-1094 –
Bill@LawlessAmerica.com
4. Appellate judges must address all points of error in every appellate
decision with a clear explanation with citation to determining facts,
statutes, and case law.
[Appellate judges are even more dishonest that lower court judges
when it comes to ignoring the issues, facts, statutes, and case law. By
forcing judges to address the issues, facts, statutes, and case law,
judges will either treat the parties fairly or expose their corruption for
all to see. When judges violate this provision, an aggrieved party will
now have the ability to take the matter to a Special Grand Jury.]
5. Judges must insist that people tell the truth in court with extreme
consequences for those who don’t.
[There are rules that will make the legal process infinitely more fair
and less expensive. Judges must honor and enforce the rules. It is
one of the only ways to get witnesses and attorneys to be more
honest.]
6. Perjury is a cause of action that will be allowed in a civil suit with an
automatic jury trial.
[Currently, people can lie repeatedly in court, and those damaged by
the perjury have no recourse, and judges do nothing. Citizens need
the ability to seek damages against witnesses in court who commit
perjury.]
7. Attorneys must go by the letter of every law and every professional
rule. Judges must subject attorneys to onerous consequences for
violations.
[There are rules that will make the legal process infinitely more fair
and less expensive. Judges must honor and enforce the rules. It is
one of the only ways to get attorneys and judges to be honest.]
8. Attorneys who violate their Code of Professional Conduct shall be
referred to a Special Grand Jury.
[Attorneys are a big part of the problem with the legal system. If they
followed their Code of Professional Conduct, the legal system would
be much fairer, and the expense of litigation would be dramatically
reduced. Accountability by an independent Special Grand Jury
should have amazing impact.]3
William M. Windsor – http://www.LawlessAmerica.com – 770-578-1094 –
Bill@LawlessAmerica.com
9. “Motion practice” must be minimized. Judges must hold conferences
and allow attorneys and pro se parties to communicate important
issues directly to judges.
[In federal courts especially, judges avoid all contact with the
attorneys and parties. They force the parties to file motions,
responses, and replies to motion after motion. This runs up massive
legal fees and provides infinite opportunities for misconduct and
mistreatment of the parties.]
10. Judges may not dismiss a case or enter summary judgments when a
jury trial has been requested.
[Judges corrupt the judicial process by depriving parties of a jury
trial. Juries must make the decisions in legal matters — not judges.]
11. All family court trials shall be by jury.
[Family court abuse and corruption is one of the most widelycriticized. Judges and their friends involved in the family court
process create a situation ripe for injustice and corruption. We must
remove the judges from this life-altering process for so many people.
Let a jury of local citizens with their own families make these serious
decisions.]
12. All court cases involving the government or a government employee
must be trials by jury, and summary judgments will not be allowed in
such cases to avoid the prejudice of a government employee judge
having bias for another government employee.
[Bias must be protected against at all costs. It is only human nature
for us to “protect our own.” This must no longer be allowed.]
13. Judges may not ignore or change the rules of civil procedure.
[Judges may favor one attorney or party over another by selectively
ignoring the rules or independently making their own after-the-fact
rules. There are rules, and everyone must adhere to them. Judges
must not be given the power to deprive a party or attorney of the
protections and requirements of published rules.]
14. All orders must be signed by the judges involved.
[In many cases, the judges do not sign the orders. There is no way to
know if the judges actually participated in the decision. Every order
must be signed by the judges involved to prove that they participated 4
William M. Windsor – http://www.LawlessAmerica.com – 770-578-1094 –
Bill@LawlessAmerica.com
in the decision and to make the orders valid.]
15. All court decisions shall be published.
[Courts do not publish many of their orders. This keeps others from
seeing their wrongdoing and mistakes. By publishing every decision,
judges will have to do a better job, and they will be exposed to criticism
by other judges and attorneys who identify their mistakes.]
16. The votes of each judge involved in a decision shall be made part of
the public record.
[When multiple judges are involved, the parties and the public
deserve to know how each voted.]
17. Judges must adhere to sentencing guidelines.
[There must be rules, and the place for a judge in the process is to go
by the rules. We must minimize interpretation and freedom for
judges to do whatever they want, because that is what has made our
judicial system so unfair and corrupt.]
18. Campaign contributions are not allowed for funding judicial
campaigns.
[Campaign contributions create the perfect opportunity for
corrupting the judicial system. Elections for judges should be done
with no contributions of any type allowed.]
19. There shall be no requirement of a legal degree and legal experience
for judicial positions in cities, counties, and states.
[Lawyers are a big part of the problem with the legal system.
Lawyers as judges come to the position with a built-in prejudice for
their friend attorneys and may have a bias against attorneys they
faced. If the participants in a case go by the rules and the law, any
intelligent person can serve as judge. It is unfair to limit judge
positions to attorneys.]5
William M. Windsor – http://www.LawlessAmerica.com – 770-578-1094 –
Bill@LawlessAmerica.com
20.Parties may represent themselves in all legal proceedings in the
State. Corporations, Limited Liability Companies, Partnerships, and
other legal entities may also be represented by an officer of the
corporation in legal proceedings, and representation by an attorney
shall not be required.
[Statutes say that parties may represent themselves, but all of the
attorneys involved in the law-making and judicial processes have
twisted the intent of the law to force legal entities to spend zillions of
dollars on attorneys. Pro se parties (those individuals who represent
themselves) are generally discriminated against by judges, and this
must not be allowed. Allowing legal entities to represent themselves
will save billions of dollars in legal fees and will dramatically reduce
the costs of operating the judicial system.]
21. A spouse may represent his or her spouse in legal proceedings if
there is a properly executed power of attorney granting such right.
[Once again, judges ignore the law and refuse to allow an individual
to be represented in court by someone pursuant to a power of
attorney. This must be stopped. When a power of attorney grants a
person to handle legal matters, it must apply to anyone in any legal
matter, especially litigation.]
22.All pro se parties shall be given the ability to make electronic filings,
if they choose.
[In most courts, only attorneys are allowed to file electronically. This
also enables them to file just before midnight on a due date. Pro se
parties are forced to print everything, and they have to file by the
time the clerk’s office closes (usually 5 pm or earlier). This inflates
the cost for pro se parties, increases the costs of judicial personnel,
and gives an unfair advantage to the attorneys. Pro se parties should
take online training on how to use the electronic filing system, and
they should have the option to save money and time by filing
electronically.]
23.Pro se parties now represent approximately one-third of all parties in
lawsuits. Each county in the State will establish an office with at least
one staff attorney to assist pro se parties at no charge.
[Pro se parties usually cannot afford attorneys. Some courts provide
assistance, but most don’t. One-third of the citizens involved in the
legal process must be helped.]6
William M. Windsor – http://www.LawlessAmerica.com – 770-578-1094 –
Bill@LawlessAmerica.com
24.Each county shall have grand juries, and citizens will be able to
directly present charges of government misconduct and corruption to
a Special Grand Jury.
[Article of Amendment V of the Bill of Rights gives grand juries the
power to deal with judicial and government wrongdoing through the
power of Presentment. Not all states have county grand juries, but
they are needed in every state in every county. Where grand juries do
exist, government officials may block a citizen’s access to the grand
jury, and this will be fixed through this clause.]
A complaint for criminal conduct of a judge may be brought directly
to the Special Grand Jury upon all the following prerequisites: (1) an
affidavit of criminal conduct has been lodged with the appropriate
prosecutorial entity within ninety (90) days of the commission of the
alleged conduct; (2) the prosecutor declines to prosecute, or one
hundred twenty (120) days has passed following the lodging of such
affidavit 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.
Investigative grand juries may compel evidence and subpoena
witnesses; may compel production of documents filed under seal;
may inspect records, documents, correspondence, and books of any
department, agency, board, bureau, commission, institution, or
authority of the state or any of its political subdivisions; and may
require the production of records, documents, correspondence, and
books of any person, firm, or corporation which relate directly or
indirectly to the subject of the investigation being conducted by the
investigative grand jury. Each Special Grand Jury shall have
exclusive power to retain non-governmental advisors, special
prosecutors, and investigators, as needed, who shall serve no longer
than one year, after which term said officers shall be ineligible.
Notwithstanding the one year, a special prosecutor may be retained
to prosecute current cases in which they are involved through all
appeals and any complaints for judicial misconduct.
[This provides terms for the implementation of this clause.]
25.Special Grand Juries shall be responsible to ensure that government
officials are honest above all else. The Special Grand Jury shall
require active investigation of politicians for corrupt behavior.
[This is essential if we are to minimize corruption. The power must
be in the hands of the citizens.]7
William M. Windsor – http://www.LawlessAmerica.com – 770-578-1094 –
Bill@LawlessAmerica.com
26.All judicial misconduct complaints will be handled by a Special
Grand Jury. The judicial system will cease “policing” itself. All
judicial complaints will be made public.
[Expecting judges to discipline their friends (fellow judges) is not at
all right. Complaints are also kept confidential. A Grand Jury
composed of citizens from the county will ensure fair consideration
of the issues. Making the complaints public will allow others to see
the complaints that have been made, and it should serve as a
deterrent to those who might commit misconduct.]
27. All attorney misconduct complaints will be handled by a Special
Grand Jury. The association of attorneys (Bar Association) will cease
being the sole means of “policing” attorneys. All attorney complaints
will be made public.
[Just as with judges as discussed immediately above, expecting the
association of attorneys to discipline their members isn’t the
independent way that complaints should be handled. Citizens
probably are not aware that the Bar Association is nothing but an
association; it isn’t a government entity. Attorneys do massive
damage to people, and the way to minimize this is to make attorneys
accountable to a jury of citizens from the county.]
28.Judges may be removed from office for cause. Cause shall include
deliberate violation of law, fraud, conspiracy, intentional violation of
due process of law, deliberate disregard of material facts, using
erroneous law, ignoring valid precedents, judicial acts without
jurisdiction, blocking of a lawful conclusion of a case, or any
deliberate violation of the Constitutions of the State or the United
States and the Bill of Rights as well as dishonesty.
[The reports of proven judicial corruption nationwide are staggering;
the scary part is all the corruption that the judges are able to hide.
The only way to keep judges honest is to have a Grand Jury and the
power to remove judges for cause.]
29.Complaints about foreclosure fraud may be presented to a Special
Grand Jury.
[Foreclosure fraud is a form of government-assisted corruption.
Those in danger of losing their biggest asset need help and fast. We
the people need to protect them.]8
William M. Windsor – http://www.LawlessAmerica.com – 770-578-1094 –
Bill@LawlessAmerica.com
30.Parties may present claims of attorney misconduct, judicial
misconduct, clerk’s office misconduct, and law enforcement
misconduct to a Special Grand Jury.
[Attorneys, judges, judicial staff, clerks of court, and law enforcement
all commit misconduct, and a Special Grand Jury provides the
independent tribunal that the citizens need.]
31. Complaints about Child Protective Services (CPS) and other state
agencies may be presented to a Special Grand Jury.
[Government corruption may take place in any agency. CPS is an
area where abuse is often alleged.]
32.It shall be a child’s right to be raised by his parent(s), free from
government intrusion; have an attorney of his choice; be heard in
court personally; be allowed to report abuse and know that the
system will protect them; be protected from mental and physical
abuse by guardians as well as the judicial system; and receive justice.
[Currently, the way children and their families are treated by the
judicial system is a crime in and of itself. We the people must protect
families and the children. These rights must be mandated because
the existing system is hopelessly broken.]
33.No child may be taken from family without evidence and a hearing.
[Children are being removed from their homes at the whim of
people. This life-altering decision must first be made in court and
decided by a jury. We cannot allow families to be torn apart by
people who should have no authority to take such serious action.]
34.All children deserve to live a childhood free from abuse, exploitation,
and government interference during custody litigation.
[Custody litigation is devastating to many. The children must be
protected not damaged by the system.]
35.The statute of limitations shall be eliminated in cases of sexual
assault against children. The statute of limitations shall be
eliminated in cases of perjury and fraud upon the courts.
[Laws must not be used to deprive citizens of recourse for
wrongdoing.]9
William M. Windsor – http://www.LawlessAmerica.com – 770-578-1094 –
Bill@LawlessAmerica.com
36.Judges must recuse themselves in specific circumstances, including if
they are party to a lawsuit with a litigant. Bias can be demonstrated
by actions in a lawsuit. All complaints of judicial bias will be resolved
by a Special Grand Jury if a party chooses to pursue the matter after
a judge refuses to recuse himself/herself.
[One of the areas of great abuse by judges is their refusal to recuse
themselves. Once again, if judges went by the rules, the system
would be fair…but they don’t. Judges rarely recuse themselves when
outsiders would feel the judge has bias that should require them to
recuse themselves. Judges must be encouraged to abide by the rules
and the intent of the recusal process, and if they fail to recuse
themself three times when a Special Grand Jury says they should
have, they should be removed from office.]
37. No immunities shall be extended to any judge in this State except as
is specifically set forth in this Law. The theory of judicial immunity is
to protect judges from frivolous and harassing actions. However,
deliberate violation of law, fraud, 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, or any
deliberate violation of the Constitutions of Florida or the United
States and the Bill of Rights and dishonesty are violations by judges
that are not frivolous or harassing. A Special Grand Jury’s
responsibility shall include determining, on an objective standard,
whether a civil suit against a judge would be frivolous and harassing,
or fall within the exclusions of immunity as set forth herein, and
whether there is probable cause of criminal conduct by the judge
complained of. Special Grand Juries shall also have the power to
independently pursue charges against any government officials
through the power of Presentment.
[Judges have manufactured claims of immunity for themselves using
a case from the 1800’s that is archaic and not really even applicable.
Judges must not be allowed to corruptly, maliciously break laws,
ignore laws and the facts, andf abuse parties. They must be held
accountable for their wrongs just as each of us is held accountable. If
judges don’t like this risk, then they should get real jobs like we all
do.]10
William M. Windsor – http://www.LawlessAmerica.com – 770-578-1094 –
Bill@LawlessAmerica.com
38.Should the Special Grand Jury find probable cause of criminal
conduct on the part of any judge against whom a complaint is
docketed, it shall have the power to indict such judge except where
double jeopardy attaches. The Special Grand Jury shall, without voir
dire beyond personal relationship, cause to be impaneled twelve
special trial jurors, plus alternates, which trial jurors shall be
instructed that they have power to judge both law and fact. The
Special Grand Jury shall also select a non-governmental special
prosecutor and a judge with no more than four years on the bench
from a county other than that of the defendant judge. The trial jury
shall be selected from the same pool of jury candidates as any regular
jury. The special prosecutor shall thereafter prosecute the cause to a
conclusion, having all the powers of any other prosecutor within this
State. Upon conviction, the special trial jury shall have exclusive
power of sentencing (limited to incarceration, fines and/or
community service), which shall be derived by an average of the
sentences of the trial jurors.
[This procedure is essential for the effective implementation of this
Law.]
39.No judge complained of or sued civilly shall be defended at public
expense or by any elected or appointed public counsel, nor shall any
judge be reimbursed from public funds for any losses sustained
under this Law.
[Currently, the government office responsible for taking action
against a judge is also the office that provides counsel to represent
judges at the taxpayer’s expense. Judges should have to pay for their
own legal counsel, or represent themselves, just as we the people
have to do.]
40.Any judge or government official removed from office shall not
thereafter serve in any government or judicial position. Retirement
for such removed officials shall not exceed one-half of the benefits to
which such person would have otherwise been entitled.
[We must cease giving outrageous benefits to those who commit
wrongdoing.]
41. Attorneys and government employees will not be eligible to serve on
a Special Grand Jury.
[Attorneys and government officials have an automatic conflict of
interest and a natural bias for one of their own. Attorneys may also
be risking their careers due to reprisals from a judge or government 11
William M. Windsor – http://www.LawlessAmerica.com – 770-578-1094 –
Bill@LawlessAmerica.com
official that they take action against.]
42.All Bar documents must be public record.
[Nothing in the legal world should be secret, especially complaints
about participants in the legal process.]
43.The Model Code of Professional Conduct for attorneys shall become
law, and the Bar Association will cease to have the authority to
discipline attorneys except as members of their club.
[There is a conflict of interest to have the association of attorneys
disciplining their members for actions that affect citizens of the state.
The vast majority of problems with the legal system and dishonest
and corrupt government officials are with attorneys. Many attorneys
ignore their so-called rules of conduct, and nothing is done about it.
By making law out of the rules they are supposed to operate by, the
citizens will have a much better chance of a fairer legal system.]
44.The Code of Judicial Conduct shall become law, and fellow judges
shall cease to have authority to discipline judges.
[There is a conflict of interest to have judges in charge of reviewing
complaints against their fellow judges for actions that affect citizens
of the state. Many of the problems with the legal system and
dishonest and corrupt government officials are with judges who are
attorneys. Many judges ignore their so-called code of conduct, and
nothing is done about it. By making law out of the Code they are
supposed to operate by, the citizens will have a much better chance of
a fairer legal system.]
45.All attorneys and judges must pass a competency exam on
constitutional principles, particularly rights.
[States must ensure that qualified people are in place.]
46.Impose requirements for bonds on all attorneys and judges, which
they pay for out of their own pockets, and make it easy for their
victims to file complaints reviewed only by the Special Grand Jury.
[This will clean up a lot of corruption and dishonesty.]12
William M. Windsor – http://www.LawlessAmerica.com – 770-578-1094 –
Bill@LawlessAmerica.com
47. This Law applies to federal courts as well as state, county, and local
courts, because federal courts and federal judges are allowed to
operate in the state as a guest of the state.
[Federal courts must not be allowed to operate in a dishonest or
corrupt manner. Federal employees functioning in our state must
abide by our state’s laws.]
48.Corruption must be minimized in government. [The government has
not been able to effectively deal with corruption in government. We
must put the power to deal with corruption into the hands of the
people. The provisions of this law are designed to do just that.]
49.Whenever a criminal matter is raised in family court, that matter must pass to a
criminal court where all normal criminal due process procedures, etc. apply.
50.Hearsay shall not be allowed in family courts.
51. Custody should be automatically 50/50 unless there is proven abuse or neglect.
52.Grandparents shall be listed on all birth certificates, and grandparents shall have
automatic custody rights if their child is unable and they are willing and able.
Grandparents are not always a good answer, but the should be looked at FIRST,
and not as a second thought.
53.There shall be no statute of limitations for child abuse.
54.There shall be no statute of limitations for fraud.
55. There shall be no statute of limitations for new evidence in a criminal matter.
56.A Citizens Review Panel shall be established to monitor all children and family
matters.
57. No child, teen, or young adult may be forced into residential treatment facilities
and forced to take drugs without parental authorization.
58.Child support, custody, and visitation shall be treated as one issue in family
court.
59.Child support shall be based upon an ability to pay. There shall be no child
support in a 50/50 custody arrangement.
60.If a parent cannot pay child support, that parent shall not be jailed. Parents who
do not pay child support may be sued for fraud, and if a jury determines that 13
William M. Windsor – http://www.LawlessAmerica.com – 770-578-1094 –
Bill@LawlessAmerica.com
fraud was committed, a judgment may be entered against the parent, and the
court may revoke the driving privileges of the parent.
61. No one shall be jailed for non-payment of anything.
62.All children and family court proceedings should be public. The only ones they
are protecting are the criminals.
63.Children shall be taken from parents only in extreme situations of abuse or
neglect, and those decisions shall be made only by a jury after a full evidentiary
trial.
64.Civil court requirement of a preponderance of probability shall be required in
family court.
65.Where accusations of abuse are falsely made, there should be sanctions and
criminal charges filed
66.There shall be no custody rights granted to convicted domestic abusers. This is
how they gain ground to further manipulate their victims.
67.Anyone who feels their court experience was improper may have their case
reviewed by a Special Regulatory Grand Jury.
68.So-called “parental alienation” shall not be considered child abuse.
69.Any citizen may file criminal charges by submitting a Criminal Warrant
Application to a magistrate court. The Accuser shall serve as the “prosecutor” at
a hearing before a magistrate court with a jury. If the magistrate court finds
probable cause, the matter shall be referred to the prosecuting attorney for
prosecution.
70.Officer Involved Domestic Violence matters shall be addressed with detailed
procedures established by each police department.
71. No one shall be placed on any child abuse registry without a jury trial and a
conviction for child abuse.
72. A “Safe at Home” program shall be established to protect citizens by having their
addresses and contact information suppressed.
73. There shall never be a gag order issued by any judge.
74. All courts shall always be open.
75. No person may be named a vexatious litigant without a finding by a jury.

 
1 Comment

Posted by on November 7, 2012 in CPS corruption OUT OF CONTROL

 

Tags:

One response to “DonnellyJustice.Me is proud to be part of a movement with LawessAmerica.com for accountability in government

  1. Kathy Lester

    November 18, 2012 at 7:07 pm

    I do I share our Story?

    Like

     

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