Greedy Trial Lawyer
Are We At The Dawn Of A New Inquisition?
Category: Gaming The System
It's open season on judges out west. The L.A. Times describes an amendment on the ballot in South Dakota which, if passed, would likely lead to the mass resignation of the entire judiciary.
Call of the West: Rein In the Judges
Judges across several Western states could soon face new limits on their authority and threats to their independence, as conservatives campaign for ballot measures that aim to rein in what they describe as "runaway courts."South Dakota's Amendment E would have the most sweeping effect; it has drawn opposition from conservatives and liberals -- including, in a rare show of unanimity, every member of the state Legislature.
Under the amendment judges in the state could lose their jobs or assets if citizens disliked how they sentenced a criminal, resolved a business dispute or settled a divorce. "We want to give power back to the people," said Jake Hanes, a spokesman for the measure.
A special grand jury would evaluate citizen complaints against judges -- and judges would not be presumed innocent. Amendment E explicitly instructs jurors to "liberally" tilt in favor of any citizen with a grievance, and "not to be swayed by artful presentation by the judge."
This deep suspicion of judges is reflected not only on the fall ballot, but also in the rallying cries of the right, especially Christian conservatives. A summit for "values voters" last spring included a session called "The Judiciary: Overruling God." Mock ballots, circulated online, urge Christians to vote for the judge they'd most like to impeach.
Based on historical facts I would rather be in the courtroom of an activist judge than called before a church tribunal during the Inquisition.
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