Judicial Reform Bill

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A somewhat incomplete version is online here, and is embedded below. While a number of judges should ultimately be impeached given their unconstitutional subversion of the democratic will of the American people (see Impeachment of Tyrannical Judges), most notably related to Obergefell v. Hodges, the following bill will restructure the judiciary to remove them until such time as impeachment becomes possible. This legislation proposes multiple reforms to the judiciary including institution of 8-year term limits for federal judges (including Supreme Court Justices) unless federally reappointed, removing appellate courts and making jury decisions absolute, freeing those imprisoned who don't get speedy trials within 72 hours, removal of onerous fees with courts fully funded by the U.S. Treasury or state funds (e.g. filing fees, fees for jail/prison stays/probation or parole supervision/electronic monitoring devices/arrest warrants, healthcare/medication/court administration/prosecution/court-ordered drug and alcohol abuse treatment), limited jurisdiction of the courts, prohibition of plea bargaining, and the removal of qualified immunity.

The following reforms are proposed:

Judicial Term Limits[edit]

This bill would enact 8-year term limits on both Federal Judges and Supreme Court Justices, consistent with Article III of the U.S. Constitution. Not only does Congress the right to institute lower courts at will, but even the Supreme Court can be regulated, since Congress can determine where Supreme Court trials are held and what the punishment for crimes such as treason should be. Furthermore, as explicitly stated in Article VI, judges are sworn to uphold the laws passed by Congress. The President himself is likewise responsible for upholding the laws passed by Congress, and appointing judges he knew would obstruct Congressional laws would violate his own oath of office (Article II, Sec. 3).

Enacting 8-year term limits on both Federal Judges and Supreme Court Justices would allow Republicans to remove unconstitutional, tyrannical, liberal Judges and Justices from the Supreme Court unless they were appointed within the past 8 years, while reappointing good Judges.

Emphasis on Trial by Jury[edit]

Given the tyrannical decisions subverting democracy made in recent years by judges, I think it safest to condition the courts upon the right to trial by jury to the extent intended by the 6th and 7th Amendments. That the founding fathers intended the courts to be contingent upon trial by jury, not judges, is evident. The 6th Amendment specifically states that trials are to be held by juries, and the 7th Amendment states that not only shall the right to trial by jury be preserved in all cases where values exceeding $20 are involved, but that such decisions may not be examined save under certain circumstances per the common law (which, I presume, involved new evidence being brought up not presented at the original trial).

As such, the bill I present would do away with appellate courts entirely, apart from the Supreme Court, as well as the right of judges to instruct juries; requiring instead that juries be given full control of the trial process, with judges there to act simply as supervisors of the courtroom process. Consistent with this new emphasis on the right to trial by jury, any laws punishing the poor for exercising their Constitutional right to trial by jury (e.g. those in Washington state) would be declared unconstitutional. Furthermore, past court decisions not made through 12 person juries could be reexamined through new trials given consent from a D.A., Governor, or President.

Speedy Trials and Prohibition on Plea Bargaining[edit]

Currently the poor are victimized by the judicial system because trials are not speedy, as they should be under the 6th Amendment. Furthermore, the police can simply accuse someone and then lock them up for months or even years awaiting trial until they are forced to accept a plea bargain, all because they can't afford to pay bail. The current plea bargaining system coerces the poor into pleading guilty, even when they aren't, and is a major reason that over 150 people have been exonerated from Death Row.

The bill I'm proposing would prohibit plea bargaining entirely, guaranteeing the poor their right to a speedy public trial under the 6th Amendment, prevent officials from detaining people more than 72 hours before a case goes to trial, and implement the same penalties for officials who violate this rule as Census Bureau officials are subject to for disclosing PII (a fine of up to $5,000 or 5 years in prison).

Free Filing, Fee Reform, Equal Treatment of Pro Se[edit]

The bill would also do away with court filing fees altogether, requiring that court funds be provided for directly out of the U.S. Treasury. Per bill section 202(C):

Similarly questionable fees would be prohibited as well. Prisoners may not be charged for public defenders (if provided), testing of their DNA samples, or modernization of court computers, see section 204(d). Nor can prisoners be punished with additional fines after the trial has ended.

The bill would also mandate equal treatment for those self-representing in court, i.e. pro se, per section 204(b).

Per section 205, new reforms prohibiting onerous fees relating to imprisonment would be implemented.

Stopping Punishments Targeting the Poor[edit]

Imprisonment of the poor for not paying misdemeanor/infraction fines or fees would be prohibited, along with revoking driver's licenses of the inability to pay such misdemeanor/infraction fines and fees.

Harsh Penalties for Corrupt Judicial Officials[edit]

To quote section 204(A) from the bill,

Enumeration of Legal Rights[edit]

My bill enumerates clearly what are and are not legal rights in sections 201-215. Some are noteworthy, including the right to freedom of religion, which would protect Americans from religious persecution of the kind that has been perpetuated by the court system against Christians such as Leland Bohannon and Elaine Huguenin. The right to life would also be clearly protected, as would the right to bear arms.

Limiting Court Jurisdiction[edit]

The right of Supreme Court justices to encroach on religious freedom would be severely restricted, as would their right to override the will of the people expressed in ballot referendum laws or the will of Congress (Judicial Review). See section 312 for precise wording. This is the most essential judicial reform needed, as it is vital to stopping judicial tyranny from obstructing laws passed by Congress and Presidential cabinet appointments.

Prohibiting Qualified Immunity[edit]

Immunity for public judicial officials would be removed per section 401. Wording is as follows: