Friday, December 14, 2007

* * * Understanding Judicial Commissions * * *

J.A.I.L. News Journal
Judicial  Accountability  Initiative  Law
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Los Angeles, CA                                    December 14, 2007
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Understanding Judicial Commissions

By Ron Branson, CIC National J.A.I.L.

 

The judicial branch of government, like other professions such as doctors, police and attorneys, have their oversight bodies to protect their public image. But like all professions, there is the supposed purpose versus reality. The reality is that doctors cover for doctors, police cover for police, and the Bar covers for wayward attorneys. Just so, Judicial Commissions have their supposed reason for their existence versus reality. This J.A.I.L. News Journal is another in the practical "Understanding ..." series written by Ron Branson on many subjects for the education of the general public. What I have to say is earth-shaking and of extreme importance to the well-being of the future of this country.

 

First let us start out with the original reasoning for Judicial Commissions as we now know them today throughout the fifty states and Washington, D.C. Consistent with the saying that everything starts in California, the "Commission on Judicial Qualifications" according to the government website, www.courtinfo.ca.gov/reference/documents/sipes_milestones.pdf originally began in 1960 in California. We are told that in 1960 "The Commission on Judicial Qualifications is created to administer a new system of judicial discipline." Ironically, according to this same source, it took thirteen years, until 1973, to remove their first judge from the bench. "The Supreme Court for the first time removes a judge on recommendation of the Commission on Judicial Qualifications." Thereafter, in 1976, this Commission was renamed "Commission on Judicial Performance" (CJP).

 

Due to restlessness on the part of voters very dissatisfied with the results and output of the CJP, it has gone through a number of alterations, including changing majority control by judges judging judges to adding one more non-judge participant on the Commission than judges. The voters figured out that judges judging judges just did not work. Of course, now, the CJP is still controlled by members owing allegiance to the California State Bar. Every judge, in theory, can be a judge only if he is/was a member owing allegiance to the State Bar, including Supreme Court justices. Ironically, former Chief Justice Rose Bird appointed by then-Governor Jerry Brown seemed to slip through the cracks of "practicing law without a license," for which others have been criminally prosecuted for allegedly so doing.

 

Every state now has a Judicial Commission, by whatever name, patterned after California's CJP operating with the judiciary in secrecy away from the public eye.

 

Now let me turn to the reality of Judicial Commissions. No one wants to consider the option that any government body could act without checks and balances whatsoever. Indeed, in theory we have checks and balances installed by our Founding Fathers throughout government. The Senate checks against the House, and vice-versa. The President checks against the Legislature, and the Judiciary against the other two branches.

 

Now I am going to let you in on a secret: Those who mysteriously control our country behind the scenes know that so long as they control the judiciary, nothing else matters. It matters not who is President, who is Senator or Congressman. All these Offices are, for practical purposes from their viewpoint, for show and distraction. I have oft said publicly, "give me control over five men whom I may place wherever I wish, and I will have complete control over this entire country." I can demoralize this country and pull it down to nothing, or I can make it the praise and envy of the nations of this world. I would place those five men on the U.S. Supreme Court; for as goes the judiciary, so goes the nation.

 

Now here is what I have discovered regarding the nation's Judicial Commissions through my many years of experience here in Los Angeles County, taking on the judiciary. Under constitutional standards and by all natural rights, judges would ordinarily be subject to investigation and indictment by County Grand Juries throughout the nation. What I have discovered here in California is that the judiciary, by so-called "statute" and by practicality, is the only government body excluded from investigation by County Grand Juries. How did I learn this? --from experience and from Los Angeles County Grand Jury Reports. This is why I wrote into the J.A.I.L. Initiative the words: "This body shall exist independent of statutes governing county Grand Juries." (¶3).

 

I filed a complaint for criminal prosecution before the Los Angeles County Grand Jury for criminal acts committed in violation of the Penal Code by a Los Angeles County Superior Court judge. I received a letter from the Grand Jury stating that they did not have jurisdiction, instructing me that I would have to take my complaint to the California Commission on Judicial Performance.

 

Having had personal prior experience with the CJP, I decided to pursue the legal "remedy" of redress of grievance as instructed. So I drove 400 miles to the CJP in San Francisco where I was told that this was a criminal matter; that they are not a criminal prosecuting agency; and that I would have to take the matter to the State Attorney General. Having had prior experience with the AG, I drove another 100 miles from San Francisco to the Attorney General's Office in Sacramento where I was told that they did not have jurisdiction; that I would have to take the matter to the CJP in San Francisco. I told them I had just come from there and they sent me here.  Out of frustration they finally came up with a  man from the AG's Office (the Manager of the Public Relations Office) to talk with me, by the name of Virgil Chapman. He spent two and a half hours pouring over my documentation of criminal conduct and made photocopies thereof, and agreed that my evidence demanded action by their Office, "and it will be on an expedited basis." (His words, not mine.)  Mr. Chapman assured me that their Office would be in touch with me shortly, and thanked me for coming in.

 

I drove 400 miles back to Los Angeles and awaited this "expedited" action which was never to be. The entire matter was buried; and in my follow-up, I was instructed to take the matter to the CJP in San Francisco. No one in the AG's Office would thereafter speak with me, despite the Constitutional mandate of Art. V, Sec. 13 California Constitution which says, "It shall be the duty of the Attorney General to see that the laws of the State are uniformly and adequately enforced."

 

I had a friend acquaintance in the State Attorney General's Office, Bob Philibosian, second in command, and he told me, "I cannot meet with you, Ron." I asked him, "Why not, Bob?" He said, "I have a conflict of interest. I defend the one of which you are seeking prosecution." I said, "Oh, I'm sorry, Bob. Could you direct me to the proper office for prosecution pursuant to Article V, Sec. 13 of the California Constitution?" He then replied, "I can't help you."

 

Then in the Los Angeles Attorney General's Office, a Deputy AG walked out of the office and entered the elevator with me. On the way down, he said to me, "Mr. Branson, you are seeking to get us to prosecute judges for criminal wrong-doing. We cannot do that. Our office has a conflict of interest. You see, we are the defense counsel for the judges in California. When you sue them, we appear in the case to defend against people like you. Further, we are always bringing actions in the courts on behalf of the State of California, and we do not want these judges getting mad at us. We want the judges on our good side." We then reached the ground floor; I thanked him for his useful information; we exited the elevator and departed ways.

 

So, as a practical matter, there is no way to go after judges criminally. To back this up, two upper-level Los Angeles Deputy District Attorney Officials contacted me by email to JAIL4judges and said they were having trouble with two Los Angeles County Superior Court Judges they were attempting to prosecute, but judicial immunity was interfering. I told them that judicial immunity does not apply to criminal conduct, but they assured me nonetheless that the judges were applying judicial immunity to criminal conduct committed by their own judges in Los Angeles County.

 

Now we come to Los Angeles County Grand Jury Reports: While I was downtown at the Criminal Courts Building (the Office of the County Grand Jury on the 13th floor), I saw a copy of the current Los Angeles County Grand Jury Report. (Every year there is published an annual report.)  The Report stated that more complaints are filed with the Los Angeles County Grand Jury about judges than any other position in government, including police officers and jails, but added that they were precluded by statute from even investigating a judge for wrongdoing; that these complaints had to be directed to the California Commission on Judicial Performance. (For Los Angeles County Grand Jury Reports see http://grandjury.co.la.ca.us/)

 

Based upon my experience above, I have concluded that the main purpose of Judicial Commissions throughout the country is to derail County Grand Jury investigations against judges and redirect them to these Commissions where they will certainly be sandbagged. These Commissions are designed to absorb the frustrations of the gullible public who are instructed that they are the proper agency in which to file judicial complaints where such matters will be handled in complete darkness (confidentiality) and secrecy.

 

Conclusion: Government has an utmost fear of Grand Juries not in their control  willing to investigate and indict the judiciary, hence the establishment of Judicial Commissions throughout this country. But this is precisely what the J.A.I.L. Initiative presumes to do. The J.A.I.L. Initiative gives the appropriate prosecutor, without specifying who that my be, 120 days to seek an indictment from their County Grand Jury and commence prosecution (¶17), or the case can go before the Special Grand Jury who may indict and turn the case over to its Special Prosecutor to perform the responsibility the prosecutor and/or the County Grand Jury refused to do. This provision, of course, will embarrass the prosecutors, as judges get convicted and sentenced to prison after their refusal to prosecute.

 

Further, County Grand Juries throughout the country will be forced to awaken to the realization that they were being played for fools by means of bogus statutes designed to preclude them from exercising their natural God-given powers to investigate and indict judges; that they were being used by corrupt prosecutors who sat in on their affairs and "counseled" them.

 

The truth is, Grand Juries are supposed to be a shield in the hands of the People against an arbitrary prosecutor seeking to "indict a ham sandwich," and a sword in the hands of the People to go after, of all things, judges. (The establishment, of the ilk of Former U.S. Supreme Court Justice Sandra Day O'Connor and of California Chief Justice Ronald George, says "God forbid!")

 

The passage of J.A.I.L. will positively and assuredly motivate every County Grand Jury in the country to shift into high gear against all government corruption everywhere, and especially the judiciary where it really counts. Those who secretly control and manipulate this nation from behind the scenes fear the concept of J.A.I.L. more than anything else. When the establishment has lost control of the judiciary to the People, not only is the battle won, but the war is over!

 

As I have said, "The very idea of the J.A.I.L. concept is earth-shaking!"

 

- Ron Branson

VictoryUSA@jail4judges.org


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