End the judicial oligarchy in Florida.
Give your full support to Senate Bill 1524 for reining in judicial abuses.
This article just in from Bob Hurt….
This bill, if enacted into law, will not end the judicial oligarchy. However it will at least provide Floridians with a method of holding judges accountable for abusing process, stomping on civil rights, ignoring rules, flouting the Constitution, and generally behaving like tyrants under color of law.
We should all get on hands and knees and kiss the backsides of the noble, courageous folks who wrote and sponsor this bill. God bless them and their understanding of their civic duties. They have taken to heart the Texas adage
â€œWhoever stands closest to the snake, grab a stick and hit it.â€
Sort of. This bill changes Florida Statutes 2.01, 25.382, and 26.012. It eliminates judicial immunity for torts and crimes. It imposes on the Supreme Court the obligation to educate judges, and report on their education and behavior. It strengthens the citizen component of the Judicial Qualification Commission. It provides additional oversight to ensure the Supreme Court does not continue to sweep judicial abuse under the carpet and does not continue to give rogue â€œhit-manâ€ judges a free-pass.
This Bill could and perhaps should, excise the bar and its members from the judiciary. THAT would end the judicial oligarchy. But, one step at a time. Ancient Romeâ€™s republic didnâ€™t get destroyed in a day or by a single government edict, and it would not get rebuilt by just one.
The Florida Supreme Court integrated the Florida Bar into the Court as its â€œofficial armâ€ in 1949. As a consequence every government attorney outside the judiciary violates Article II Section 3 of the Florida Constitution, which provides:
SECTION 3. Branches of government.â€”The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.
Since attorneys as bar members all belong to the Judiciary, they cannot perform government duties outside the judiciary without violationing the separation of powers doctrine embodied in the above section. By participating as legislators or staff attorneys in the Executive or Legislative branches, they thereby function as agents of a judicial oligarchy because they all remain subject to the discipline of the Supreme Court, as stipulated by Article V Section 15, which provides:
SECTION 15. Attorneys; admission and discipline.â€”The supreme court shall have exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted.
Thus, to end the judicial oligarchy of Florida, the legislature must amend the Florida Constitution to excise the bar and its members from government, and remove the require of bar membership from judges, the Attorney General, and State Attorneys.
Nevertheless, this bill deserves our wholehearted, rigorous activism in its support, for anything that eliminates judicial immunity must make our courts more just in the end.
RAIN upon your legislators in Florida with phone calls, email, and letters, demanding that they endorse and vote for Senate Bill 1524. DO IT NOW.
by Bob Hurt
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