Judicial page

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=Judicial Oversight= Judicial Bill

Our Minnesota Constitution says that judges are to be elected. If one doesn't like that then they need to move to amend the constitution. Having an independent judiciary has always been a smoke screen for those who wish to keep control over the judges we elect and the judges that are appointed (contrary to our state constitution) by the governors. No one is independent. Something always shapes one’s views. Judges are dependent on the constitution not independent of it.

Judges have been already marketing themselves spending approximately $50,000 on a judicial races and as much as $200,000. There are no campaign contribution or spending limits. They have been advertising in trade journals for years. The judges know they have been promoting themselves through an underground marketing system, most commonly through the Department of Human Services, county social workers and lawyers.

Fortunately we will see a mass exodus of judges because of the exposure of their corruption. Unfortunately it will be blamed on party endorsements.

It is the responsibility of the House of Representatives to oversee the judiciary and hold them accountable for their misdeeds. Their primary tool of oversight is their power to impeach. This, however, has not happened in about 100 years.

This is a very difficult process just for the fact that the attorneys that would have the knowledge of this process live in fear of judges because they know that if they go after a judge, that judge or other judges will reciprocate and go after them by not letting them win cases. The non attorneys say that the process is to complicated for them and they don’t know what to do. Others have asked who’s responsibility is it to impeach.

R-KIDS supports legislation that establishes a special prosecutor, preferably from outside the state, comes into the counties every two years so that citizens can bring complaints about judicial misconduct, to the special prosecutor. This protects the citizen who has been wronged by the judge from facing further actions from the judge. Also, it protects the citizens attorney from the judge because the attorney did not bring the complaint. And because the special prosecutor is from out of state the prosecutor will not face punishment from the judge because the special prosecutor does not practice in Minnesota.

The authority of the special prosecutor will be under the Minnesota House of Representatives. This procedure gives the Minnesota House of Representatives a mechanism in which it can accomplish its constitutional duty. Since the special prosecutor knows the laws and what judicial misconduct entails, the special prosecutor can convene a grand jury to hear the evidence. If the grand jury agree’s with the special prosecutor and indites a judge then the Minnesota House of Representatives may produce a bill of impeachment in which they would have a hearing and then vote.

In 2006 a judicial oversight bill was drafted and sent to the revisor. It was not introduced but is strongly being considered for next year. Click the link to read the bill. Judicial Bill

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