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 13 of a series of articles that will address the proposed legislation for Georgia. This proposed legislation places essential limits on the actions of judges and provides for Special Grand Juries.
Judges use a variety of techniques to deprive citizens of their rights. These additions to the Georgia Code will minimize wrongdoing by judges and will provide citizens with a means to utilize Special Grand Juries to keep government accountable.
These changes are an amendment to Georgia Code Title 15, Chapter 12, 15-12-100 and an addition to this article:
TITLE 15. COURTS
CHAPTER 12 – Juries
O.C.G.A. 15-12-100 shall be amended as follows
Â§ 15-12-100. Procedure for impaneling special investigative grand jury; number of jurors; foreman; powers of jury
(a) The chief judge of the superior court of any county to which this part applies, on his own motion or on petition of any elected public official of the county or of a municipality lying wholly or partially within the county, may request the judges of the superior court of the county to impanel a special investigative grand jury for the purpose of investigating any alleged violation of the laws of this state or the United States or any other matter subject to investigation by grand juries as provided by law.
(b) Any citizen of the State may directly petition a Special Investigative Grand Jury for the purpose of investigating any alleged violation of the laws of this state or any other matter subject to investigation by grand juries as provided by law.
(b) The chief judge of the superior court of the county shall submit the question of impaneling a special grand jury to the judges of the superior court of the county and, if a majority of the total number of the judges vote in favor of impaneling a special grand jury, t(c) The members of a special grand jury shall be drawn in the manner prescribed by Code Section 15-12-62. Any special investigative grand jury shall consist of not less than 16 nor more than 23 persons. The foreman of any special investigative grand jury shall be selected in the manner prescribed by Code Section 15-12-67.
(c) (d) While conducting any investigation authorized by this part, special 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 Investigative 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.
Â§ 15-12-103. Special Regulatory Grand Juries
(a) Corruption must be minimized in government.
Notes: 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.
(b) Special Regulatory Grand Juries shall be responsible to ensure that judges, attorneys, elected officials, law enforcement personnel, and government employees (“Regulatory Subjects”) are honest and abide by all laws.
Notes: This is essential if we are to minimize corruption. The power must be in the hands of the citizens.
(c) Two 23-member Special Regulatory Grand Juries shall be maintained at all times.
(d) Special Regulatory Grand Juries shall have statewide jurisdiction having power to judge both law and fact.
(e) Citizens may present claims of misconduct by Regulatory Subjects to a Special Regulatory 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.
(f) All judicial misconduct complaints will be handled by a Special Regulatory Grand Jury. The judicial system will cease â€œpolicingâ€ itself. All judicial complaints will be made public.
Notes: Expecting judges to discipline their friends (fellow judges) is not at all right. Complaints are also kept confidential. A Grand Jury composed of citizens 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.
(g) The Special Regulatory Grand Juries’ responsibilities 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.
(h) All attorney misconduct complaints will be handled by a Special Regulatory Grand Jury. The association of attorneys (Georgia Bar Association) will cease being the sole means of â€œpolicingâ€ attorneys. All attorney complaints will be made public.
Notes: 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. Attorneys are a big part of the problem with the legal system. If attorneys followed their Rules of Professional Conduct, the legal system would be much fairer, and the expense of litigation would be dramatically reduced. Accountability by an independent Special Regulatory Grand Jury should have amazing impact.
(i) Citizens may directly present charges of government misconduct and corruption to a Special Regulatory Grand Jury.
Notes: 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.
(j) A complaint for criminal conduct of a Regulatory Subject may be brought directly to the Special Regulatory Grand Jury upon all the following prerequisites: (1) an affidavit of criminal conduct has been lodged with the appropriate prosecutorial entity within 180 days of the commission of the alleged conduct; (2) the prosecutor declines to prosecute, or 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 grand jury; and (4) the criminal statute of limitations has not run.
(k) Special Regulatory 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 Special Regulatory Grand Jury. Each Special Regulatory 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.
(l) Should the Special Regulatory Grand Jury find probable cause of criminal conduct on the part of any person against whom a complaint is docketed, it shall have the power to indict such Regulatory Subject except where double jeopardy attaches. The Special Regulatory Grand Jury shall, without voir dire beyond personal relationship, cause to be impaneled 12 special trial jurors, plus alternates, which trial jurors shall be instructed that they have power to judge both law and fact. The Special Regulatory 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. 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.
(m) The Legislature shall provide a seat for each Special Regulatory Grand Jury. No seat shall be located within a mile of any judicial body, and each seat shall be reasonably placed proportionately according to population throughout the state.
(n) The Legislature shall cause to be deducted two and nine-tenths percent from the gross judicial salaries of all judges, which amount shall be deposited regularly into the exclusive trust account created by this Amendment for its operational expenses, together with filing fees provided herein, surcharges provided herein, forfeited benefits of disciplined judges as provided herein, and fines imposed as provided herein.
(o) Attorneys filing a civil complaint or answer before the Special Regulatory Grand Jury on behalf of their client, shall at the time of filing, pay a fee equal to the filing fee due in a civil appeal to the State Supreme Court. Individuals filing a civil complaint or answer before the Special Regulatory Grand Jury in their own behalf as a matter of right, shall, at the time of filing, post a fee of fifty dollars, or file a declaration, which shall remain confidential, stating they are impoverished and unable to pay and/or object to such fee.
(p) Each member of the Special Regulatory Grand Jury shall receive a salary commensurate to a Deputy Clerk of the Superior Court, prorated according to the number of days actually served.
(q) Each Special Regulatory Grand Jury shall have exclusive power to establish rules assuring their attendance, to provide internal discipline, and to remove any of its members on grounds of misconduct. The Special Regulatory Grand Jury shall immediately assign a docket number to each complaint brought before it, unless such case is transferred to another Special Regulatory Grand Jury to achieve caseload balance. A transfer shall not prejudice a docketing deadline. The Special Regulatory Grand Jury first docketing a complaint shall have sole jurisdiction of the case. Except as provided herein, no complaint of misconduct shall be considered by any Special Regulatory Grand Jury unless the complainant shall have first attempted to exhaust all judicial remedies available in this State within the immediately preceding six-month period. Should the complainant opt to proceed to the United States Supreme Court, such six-month period shall commence upon the disposition by that court.
(r) A Special Regulatory Grand Juror shall have attained to the age of thirty years, and have been nine years a citizen of the United States, and have been a resident of Georgia for two years immediately prior to having his/her name drawn. Those not eligible for Special Regulatory Grand Jury service shall include elected and appointed officials, members of the State Bar, judges (active or retired), judicial, prosecutorial, and law enforcement personnel, and government employees, without other exclusion except previous adjudication of mental incapacity, imprisonment, or parole from a conviction of a felonious crime against persons.
(s) The Special Regulatory Grand Jurors shall be drawn by public lot by the Secretary of State from names on the voters’ rolls and any citizen submitting his/her name to the Secretary of State for such drawing.
(t) Each Special Regulatory Grand Juror shall serve one year. No Juror shall serve more than once. On the first day of each month, two persons shall be rotated off the Special Regulatory Grand Jury and new citizens seated, except in January it shall be three. Vacancies shall be filled on the first of the following month in addition to the jurors regularly rotated, and the juror drawn to fill a vacancy shall complete only the remainder of the term of the Juror replaced.
(u) The Special Regulatory Grand Jury shall serve a copy of the filed complaint upon the Regulatory Subject and notice to the complainant of such service. The Regulatory Subject shall have 20 days to serve and file an answer. The complainant shall have 15 days to reply to the Regulatory Subject’s answer. (Upon timely request, the Special Regulatory Grand Jury may provide for extensions for good cause.) The Special Regulatory Grand Jury shall have power to subpoena witnesses, documents, and other tangible evidence, and to examine witnesses under oath. Each Special Regulatory Grand Jury shall determine the causes properly before it with its reasoned findings in writing within 120 calendar days, serving on all parties its decision on whether immunity shall be barred as a defense to any civil action that may thereafter be pursued against the subject. A rehearing may be requested of the Special Regulatory Grand Jury within 15 days with service upon the opposition. Fifteen days shall be allowed to reply thereto. Thereafter, the Special Regulatory Grand Jury shall render final determination within 30 days. All allegations of the complaint shall be liberally construed in favor of the complainant. The Special Regulatory Grand Jurors shall keep in mind, in making their decisions, that they are entrusted by the people of this State with the duty of restoring a perception of justice and accountability of the judiciary, attorneys, and government offisials, and are not to be swayed by artful presentation by the Regulatory Subject. They shall avoid all influence by judicial and government entities. The statute of limitations on any civil suit brought pursuant to this statute against a subject shall not commence until the rendering of a final decision by the Special Regulatory Grand Jury. Special Regulatory Grand Jury files shall always remain public record following their final determination. A majority of 13 shall determine any matter.
(v) Whenever any Regulatory Subject has received three strikes, the Regulatory Subject shall be permanently removed from office, and thereafter shall not serve in any State governmental office. Retirement for such removed Regulatory Subject shall not exceed one-half of the benefits to which such person would have otherwise been entitled. Early retirement shall not avert third-strike penalties.
(w) No Regulatory Subject complained of, or sued civilly by a complainant pursuant to this statute, shall be defended at public expense or by any elected or appointed public counsel, nor shall any Regulatory Subject be reimbursed from public funds for any losses sustained under this statute.
(x) No person exercising strict enforcement of the findings of the Special Regulatory Grand Jury shall be held liable civilly, criminally, or in contempt.
(y) Should this statute lack sufficient funding through its fines, fees, and forfeitures, the Legislature shall impose appropriate surcharges upon the civil court filing fees of corporate litigants as necessary to make this statute self-supporting.
Â§ 15-12-104. Redress.
The provisions of this statute are in addition to other redress that may exist and are not mutually exclusive.
Â§ 15-12-105. Challenges to Statute.
No judge under the jurisdiction of the Special Regulatory Grand Jury, or potentially affected by the outcome of a challenge to this statute, shall have any jurisdiction to sit in judgment of such challenge. Such pretended adjudication shall be null and void for all purposes and a complaint for such misconduct may be brought at any time, without charge, before the Special Regulatory Grand Jury by class-action, or by any adversely affected person.
Â§ 15-12-106. Preeminence.
Preeminence shall be given to this statute in any case of conflict with statute, case law, common law, or constitutional provision. The foreperson of the Special Regulatory Grand Jury shall read, or cause to be read, this statute to the respective jurors semi-annually during the first week of business in January and July. Should any part of this statute be determined unconstitutional, the remainder shall remain in full force and effect as though no challenge thereto existed.
* Changes and additions to existing statutes are shown in yellow. Much of this proposed legislation is the work of Ron Branson of Jail4Judges.
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.