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Candidate for Congress introduces state legislation designed to reform the legal and judicial process — Changes desperately needed — Part 12 – Judges

legal-reform-judicial-reform-fulton-county-courthouse-facade-200w

William M. Windsor, candidate for U.S. House of Representatives, has introduced state legislation designed to reform the legal and judicial process.  These are changes that Windsor says are desperately needed.

The legal systems and judicial systems in Georgia and every state in America must be reformed.  Dishonesty and corruption have stolen the rights of every American.

This is Part 12 of a series of articles that will address the proposed legislation for Georgia.  This proposed legislation places essential limits on the actions of judges.

Judges use a variety of techniques to deprive citizens of their rights.  These additions to the Georgia Code will minimize wrongdoing by judges. 

The change is an addition to Georgia Code Title 15, Chapter 1:

TITLE 15. COURTS

CHAPTER 1 – General Provisions

§ 15-1-17 Contract with the Citizens

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 Georgia and the United States.  This Contract requires those signing to be honest at all times while performing their duties and to protect our fundamental rights afforded by the Constitution and the Bill of Rights.  Violation of the Contract will be presented to a Special Grand Jury. 

Notes:  This makes our judges and  government officials ACCOUNTABLE to the people; they are essentially accountable to no one at this time.

§ 15-1-18.  Judicial Misconduct Complaints

(a) Parties may present claims of attorney misconduct, judicial misconduct, clerk’s office misconduct, and law enforcement misconduct to a Special Grand Jury.

Notes:  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.

 (b) All judicial misconduct complaints will be handled by a Special Grand Jury.    

(c) All judicial complaints will be made public by reproducing the complaints and all documents related thereto on a state website.

Notes: The judicial system will cease “policing” itself.  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.

§ 15-1-19.  Removal of Judges for Cause

(a) Judges may be removed from office for cause.

(b) 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.

(c) If the Special Grand Jury finds a judge guilty of the violations specified in 15-1-19 (b),  the judge shall be removed from office.

Notes:  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 Special Grand Jury and the power to remove judges for cause.

§ 15-1-20. Judges do not have immunity

Notwithstanding common law or any other provision to the contrary, no immunities shall be extended to any judge in this State except as is specifically set forth in this Amendment.

The alleged 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 Georgia or the United States and the Bill of Rights and dishonesty are violations by judges that are not frivolous or harassing.  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, and abuse parties.  They must be held accountable for their wrongs just as each citizen is held accountable.  Georgia has established two 23-member Special Grand Juries with statewide jurisdiction having power to judge both law and fact.   This body’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. 

§ 15-1-21. Judicial Decision Requirements

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.

Notes:  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.

§ 15-1-22.  Perjury not tolerated

   Judges must insist that people tell the truth in court with extreme consequences for those who don’t.

Notes:  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 honest.

§ 15-1-23. Motion practice minimized

“Motion practice” must be minimized.  Judges must hold conferences and allow attorneys and pro se parties to communicate important issues directly to judges.

Notes:  When judges limit interaction with the parties, the cost of litigation is increased significantly.  Pro se parties are at a real disadvantage in being denied interaction with the judge. 

 Â§ 15-1-24. Judges must adhere to the rules

Judges may not ignore or change the rules of civil procedure.

Notes: Dishonest judges routinely ignore or chnage the rules to disadvantage certain parties.  The rules must always be properly enforced against all parties.

§ 15-1-25. Published decisions

All court decisions shall be published.

Notes:  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.

§ 15-1-26.  Signed orders

All orders must be signed by the judges involved.

Notes: 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 in the decision and to make the orders valid.

§ 15-1-27.  Sealed orders

All orders must bear the seal of the clerk of the court and the signature of the clerk or an authorized deputy clerk.

Notes: To be a valid order, both the signature of the judge and the seal and signature of the clerk must be required.  Some courts practice simulated litigation where they fail to issue valid orders.  This practice must be eliminated.

§ 15-1-28. Votes of judges 

The votes of each judge involved in a decision shall be made part of the public record.

Notes:  When multiple judges are involved, the parties and the public deserve to know how each voted.
 

§ 15-1-29.  Sentencing guidelines

Judges must adhere to sentencing guidelines.

 Notes:  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.
 

§ 15-1-30.  Campaign contributions

Campaign contributions are not allowed for funding judicial campaigns.

Notes:  Campaign contributions create the perfect opportunity for corrupting the judicial system.  Elections for judges should be done with no contributions of any type allowed.
 

§ 15-1-31.  Recusal

(a) Judges must recuse themselves in specific circumstances, including if they are party to a lawsuit with a litigant. 

(b) Bias can be demonstrated by actions in a lawsuit.

(c) 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.  

(d) 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 shall be removed from office.

(e)  No judge whose conduct is the subject of an investigation by a Special Regulatory Grand Jury shall continue to serve as judge on any case wherein the complainant is a party.  All proceedings wherein the complainant is a party and the judge whose conduct is the subject of an investigation under this chapter is the judge shall be stayed until a final order or determination has been made.

Notes:  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. 

§ 15-1-32. Removal consequences

(a) Any judge or government official removed from office shall not thereafter serve in any government or judicial position.
 

(b) Retirement for removed officials shall not exceed one-half of the benefits to which such person would have otherwise been entitled. 

Notes:  We must cease giving benefits to those who commit wrongdoing.
 

§ 15-1-33. Judges may not be defended at public expense

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.

Notes:  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 citizens do.
 

§ 15-1-34.Competency exam

All attorneys and judges must pass a competency exam on Constitutional principles, particularly rights.

Notes:  The state must ensure that qualified people are in place.
 

§ 15-1-35.Bond requirement

(a) Bonds are required by all attorneys and judges,.

(b) Attorneys and judges must pay for their bonds out of their own pockets.

(c) Bonds will make it easy for their victims to file complaints reviewed only by a Special Grand Jury.

Notes:  This will clean up a lot of corruption and dishonesty.
 

§ 15-1-36.  Recording of court proceedings

Open video and audio recording by public shall be allowed at all court proceedings.

Notes:  Recording is an excellent tool to make judges and attorneys more accountable.  Recording will ensure that transcripts are not falsified or erroneous.

NOTE:  In addition to the above changes, the Code of Judicial Conduct should be added to this statute so that it is the law that the judges must follow.

* Additions to existing statutes are shown in yellow.


Proposed Legislation – Part 1

Proposed Legislation – Part 2

Proposed Legislation – Part 3

Proposed Legislation – Part 4

Proposed Legislation – Part 5

Proposed Legislation – Part 6

Proposed Legislation – Part 7

Proposed Legislation – Part 8

Proposed Legislation – Part 9

Proposed Legislation – Part 10

Proposed Legislation – Part 11

Proposed Legislation – Part 12

Proposed Legislation – Part 13

Proposed Legislation – Part 14

Proposed Legislation – Part 15

Proposed Legislation – Part 16

Proposed Legislation – Part 17

This legislation is authored by William M. Windsor and GRIP — Government Reform & Integrity Platform, a coalition of those fighting government corruption and judicial corruption.


William M. Windsor

I, William M. Windsor, am not an attorney.  This website expresses my OPINIONS.   The comments of visitors or guest authors to the website are their opinions and do not therefore reflect my opinions.  Anyone mentioned by name in any article is welcome to file a response.   This website does not provide legal advice.  I do not give legal advice.  I do not practice law.  This website is to expose government corruption, law enforcement corruption, political corruption, and judicial corruption.   Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed.  Despite my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website.  The law is a gray area at best.  Please read our Legal Notice and Terms.


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