Proposed Election 2012 caucus resolutions for judicial reform(updated) Part 2of2

18 min readDec 14, 2015

This article was originally published on Examiner.com on March7, 2012. (see original print graphic at end of article) This writer’s entire column on Examiner.com was censored within 24–48 hours of this writer submitting a credible petition on 11/06/2015 to the Minnesota Supreme Court to Remove a Minnesota District Court Judge from the bench for conspiring to perpetrate a fraud upon the Court. This writer leaves it to reader to deduce for themselves who wanted these articles censored, and why the US Government wants this writer silenced.

These are still valid resolutions to produce at your State Caucus and local BPOU meetings regardless of what party you belong to. Please submit one or more at your local BPOU or at your State Caucus (in Caucus States)

This is part 2 of a 2 part series.

You can read part 1 of 2 by clicking here (http://exm.nr/wrrh3d This was the censored link))

WORKING LINK HERE >

https://medium.com/@DonMashaksWETHEPEOPLETAR/proposed-election-2012-caucus-resolutions-for-judicial-reform-updated-part-1of2-66776f8894dd

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PROPOSED RESOLUTION 17

Whereas,

1) SIMULATED LITIGATION AND FACT SHAPING SHOULD BE CRIMINALIZED;

2) Many Judges have abandoned judgments based on the Rule of Law applied to the impartially entered facts in evidence;

3) One form of simulated litigation and Fact Shaping, the Judge telegraphs and/or otherwise communicates to the litigant’s attorneys what result the court desires. The lawyers then put facts in evidence or prevent facts from being put into evidence in such a matter to allow the judge to make their desired judgment. This duplicitous technique gives the appearance that the judge is making the decision the judge indicated they wanted, when in fact the “facts in evidence” have been shaped and manipulated to allow that judgment. In effect the appearance of justice while being absolutely unjust.

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) WE THE PEOPLE command our elected officials to draft legislation codifying and criminalize all forms of simulated litigation and fact shaping.

[Article Continues below almost universal translator]

PROPOSED RESOLUTION 18

Whereas,

1) The Founding Fathers believed Elections to be good method to assure accountability;

2) The Federalist papers referred to the judicial branch as the weakest branch: http://bit.ly/xMG5kd ;

3) Thomas Jefferson later said:

“At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account.”

Thomas Jefferson, letter to Monsieur A. Coray, Oct 31, 1823

4) James Madison said:

Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of illegitimate government.”
James Madison, 4th President of the USA, Author of the USA Bill of Rights

5) The Federal and State Judiciaries have become systemically corrupt and overly powerful to the point of tyranny.

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) A series of reforms is necessary to restore the balance of power in the system of checks, balances, transparency and accountability in the three branches of government as the Founding Fathers intended;

2) The First of these reforms to be that all Federal and State judges are to be duly elected;

3) The Next of these reforms to be TERM LIMITS:

4) All Federal and State District Court Judges may serve two 4 year terms;

5) All Federal and State Appellate Court Judges may serve an additional two 4 year terms;

6) All Federal and Appellate court Chief Justices may serve an additional one 4 year term;

7) All Federal and State Supreme Court judges may serve an additional two 4 year terms;

8) All Federal and State Supreme Chief Justices may serve an additional two 4 year terms;

9) All interim appointments shall be temporary and the temporary replacement may not run for the seat the temporarily fill at the next election for that seat.

COMMENTARY

The judicial system has betrayed the trust of WE THE PEOPLE. The Judiciary may blame their poor and unconstitutional judgments which they felt comfortable in rendering. The current methods of appointing and electing judges has failed to protect they best interests of WE THE PEOPLE because judges lacked accountability and the judges were not able to exercise self-control in the absence of accountability to WE THE PEOPLE.

“The American Judicial System is the best appearance of Justice that money can buy.”

Don Mashak

— —

PROPOSED RESOLUTION 19

Whereas,

1) Judges currently enjoy a RULE OF JUDICIAL IMMUNITY;

2) Judges were endowed with judicial immunity to prevent and avoid them from being harassed with baseless, retaliatory actions and litigation. In good faith, Judges were trusted to act honorably;

3) With severely limited consequences for behaving badly, Judges have been unable to restrain themselves as result of this “absolute power”;

4) Thomas Jefferson later said:

Thomas Jefferson, letter to Monsieur A. Coray, Oct 31, 1823

5) “The Founders intended the judiciary to be the weakest branch of
government, but activist judges have rewritten the Constitution and
made a power grab that threatens our democracy” http://bit.ly/yWXutV — http://bit.ly/wRdMSh — http://youtu.be/2huV3joMr74 — http://bit.ly/wNVycx

6) James Madison said:

“Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of illegitimate government.”
James Madison, 4th President of the USA, Author of the USA Bill of Rights

7) The Federal and State Judiciaries have become systemically corrupt and overly powerful to the point of tyranny;

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) WE THE PEOPLE direct our elected officials as follows: We want the RULE OF JUDICIAL IMMUNITY ABROGATED

COMMENTARY

It is more important to protect 300 million rank and file Americans from corrupt Judges than it is to protect corrupt judges from citizens with legitimate grievances.

— —

PROPOSED RESOLUTION 20

Whereas,

1) Many Judges and lawyers engage in DUPLICITOUS USES OF THE COURTS;

2) The Courts are used to punish voices of political dissent;

3) The Courts and our Law Enforcement have a long and infamous history of using the Courts to demonize and discredit the champions of WE THE PEOPLE. (See FBI, COINTELPRO and Rev. Dr. Martin Luther King, Jr. http://tl.gd/fuqv01 );

4) Findings and Judgments not consistent with the Rule of Law are used to give adverse rulings to those who are Leaders or otherwise vocal in their political dissent of the government;

5) The Courts are used to marginalize political opponents. (Again, think Rulings or the Delay of rulings inconsistent with the Rule of Law.);

6) The Courts are used as an exchange of political favors. Ibid;

7) The Courts are used to exact personal grudges of judges and their friends. Ibid;

8) The Courts are used to fulfill commitments for gifts otherwise known as bribes. Ibid;

9) The Congress has the Judiciary make laws as a matter of case law, so Congress does not have to face the fallout at election time. Since, most Federal Judges are appointed and not elected; they are insulated from electoral retribution by WE THE PEOPLE.

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) WE THE PEOPLE command our elected officials to reinvigorate the mechanisms and systems which are supposed to prevent these abuses;

2) WE THE PEOPLE command our elected officials to codify and criminalize each of duplicity that was described within this resolution.

— —

PROPOSED RESOLUTION 21

Whereas,

1) SUMMARY JUDGEMENTis used excessively;

2) Citizens are supposed to guaranteed a right to have their cases heard by a jury of their peers;

3) Judges are supposed to be little more than referees and traffic controllers as the litigants present their cases to the jury;

4) Judges have found that juries can not be trusted to give the result the “powers that be” want. This has evolved a great expansion of “Summary Judgment”;

5) Using simulated litigation and fact shaping, the lawyers only permit “facts in evidence” which will allow the judge to render summary judgment;

6) Then the Legal system further protects the lawyer of the adversely affected litigant from accountability by simply saying the litigant forfeit all right to second guess the attorney’s decisions by retaining them… And then adding that lawyers have wide discretion in how they represent their clients. As potential litigants, each of us should be outraged that we get to pay an attorney hundreds or thousands of dollars to participate in what essentially is a rigged dog and pony show;

7) May judges are making “Summary Judgment” rulings just to clear their calendars.

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) WE THE PEOPLE command our legislators to enact legislation making it much more difficult for litigation to be killed by Summary judgment;

2) The standard for granting summary judgment would be raised to a higher evidentiary standard than “beyond a reasonable doubt”;

3) Legal theory not known or plead and/or facts not entered into evidence but yet either not known to the appellant at the time of the decision, or known to the litigant’s attorney but not entered into the official evidence record, would be undeniable grounds for appeal.

— — -

PROPOSED RESOLUTION 22

Whereas,

1) Judges need to be held accountable for their bad decisions;

2) One of the areas of Judicial Abuse is arrogant District Court Decisions not consistent with the Rule of Law;

3) Judges know that most folks cannot afford to pay an attorney for appeal;

4) Judges know that most folks lack the expertise to handle their own appeal;

5) Judges know that most people lack the emotional forward to pursue an appeal;

6) As a result, Judges make bad decisions just because they can get away with it, or they were having a bad day, or they did not like someone, or they took a bribe;

7) The must be a consequence to judges making decisions not in accordance with the rule of law.

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) WE THE PEOPLE desire there be Rules of Appeal for Judges;

2) Three Strikes and you are out;

3) Any judge who is overturned on appeal 3 times in 5 years shall be removed from the bench and disbarred;

4) Judges so removed, can be reinstated to the BAR after two years upon taking a 1 year course in ethics and the rule of law, re-passing the BAR and by then petitioning the appropriate Senate or Supreme Court for reinstatement;

5) Upon being overturned on appeal, the District Judge so overturned shall owe the prevailing litigant thrice the legal fees, research fees, printing costs and court fees of the original District Court Proceeding and the Appeal for the petitioning party;

6) The Judge may appeal to the appropriate Senate to have the penalty reduced from thrice actual fees to something less, but in no case less than the actual total cost of categories of expenses listed;

7) WE THE PEOPLE must be protected from the consequences of judges with absolute power over our one and only lives.

— —

PROPOSED RESOLUTION 23

Whereas,

1) THE SUPREME AND/OR APPELLATE COURTS REFUSAL TO HEAR APPEAL MOST OFTEN DOES NOT COME WITH AN EXPLANATION;

2) The Judicial and Legal System of the United States has become systemically corrupt, there is a necessity of greater transparency and accountability;

3) An area that has been alleged to be a point of abuse is the rejection of appeals without explanation;

4) Ergo, WE THE PEOPLE have no idea of the rejection was done pursuant to the Rule of Law or some other unethical, illegal, unconstitutional reason;

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) WE THE PEOPLE require our elected officials pass legislation requiring all appeals that the Federal and State Supreme and/or Appellate Courts refuse to hear shall be provided with at least a one page explanation (Not including headers);

2) If reason for denying an appeal is a simple, correctable deficiency or error, the court shall provide a simple explanation of how to correct the deficiency or error and grant 30 days to fix the error or deficiency;

3) Otherwise, if the legitimate reasons fall into 5–10 categories, a form with check boxes can be used and a 3–4 sentence summary of the rejection would suffice.

— —

PROPOSED RESOLUTION 24

Whereas,

1) WE THE PEOPLE desire that judges be given “Performance Ratings”;

2) Currently there are no good evaluations of Judges available to the public;

3) Performance Ratings would allow Voters to make more intelligent voting decisions;

4) The parties and mechanisms responsible for oversight and discipline of judges do not generally make information about the performance of judges available to the public;

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) The first and simplest measure of performance should simply be voluntary rating by litigants that appear before Judges. These ratings would be divided into civil and criminal ratings. The Civil would be further divided into ratings by prevailing parties and losing parties. And Criminal would be divided between the State, those that were found guilty and those that were found not guilty. Yes we know that the litigants losing their cases will likely rate their judges poorly, but over time a pattern would develop which allows voters and overseers of the judiciary large deviations from “normal”. With this knowledge, Citizens can make informed voting decisions;

2) Graphs of these results could be posted right at the polling places. Graphic deviations from normal would be easily identifiable to the voter and they could vote accordingly.

— —

PROPOSED RESOLUTION 25

Whereas,

1) JUDGES SHOULD BE REQUIRED TO ENGAGE IN CERTIFICATION OF JUDGEMENTS, DECISIONS AND ORDERS;

2) Often underlings like law clerks and Court Administrators are often the persons who sign of on judgments and rulings;

3) Judges should be reminded that all departures from the rule of law are subject to civil and criminal penalty.

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) WE THE PEOPLE require all Federal and State judges Certify that their Judgment, decisions, actions and orders have been made consistent with the Rule of Law;

2) This certification to contain a reminder that the issuance of Judgments, Decisions, actions and orders not consistent with the Rule of Law are subject to civil and criminal penalty, removal from the bench and disbarment;

3) Such acts outside the scope of the Rule of Law shall be considered treason and may be prosecuted as such.

— —

PROPOSED RESOLUTION 26

Whereas,

1) Issues exist concerning the wording, use and delivery of “JURY INSTRUCTIONS”;

2) Often cases are determined by the wording of the jury instructions;

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) WE THE PEOPLE direct our elected officials to draft for Each matter of law a standardized set of “jury Instructions” drawn up by the judiciary and approved by the House of Representatives;

2) Any additional instructions the judge chooses to add shall be highlighted and grounds for undeniable appeal by any litigant to the matter;

3) All Juries shall be advised and instructed on their constitutional right to “jury nullification”

— —

PROPOSED RESOLUTION 27

Whereas,

1) The 1st Amendment guarantees ourRIGHT TO CRITICIZE JUDGES;

2) The 1st Amendment also speaks to the PROHIBITION OF RETALIATION for exercising said rights;

3) Judges often retaliate when criticized.

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) WE THE PEOPLE command our elected officials to pursue legislation and/or force already existing legislation to be enforced, to remedy and restrict this unconstitutional retaliation against citizens who merely exercised their lawful rights.

— —

PROPOSED RESOLUTION 28

Whereas,

1) All matters of child custody should begin with PRESUMEDJOINT PHYSICAL CUSTODY OF CHILDREN;

2) Judges often randomly and arbitrarily, deprive one parent of custody of the children.

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) WE THE PEOPLE demand our elected officials pass legislation that makes Joint Physical Custody of Children the Presumptive finding unless clear and compelling evidence for not making such a finding is presented.

— —

PROPOSED RESOLUTION 29

Whereas,

1) There currently exists a Federal financial incentive to force payment of CHILDSUPPORT THROUGH THE SYSTEM;

2) If the parties can agree on child support and/or the method of payment of child support, they should not be required to pay said child support through the Court system.

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) WE THE PEOPLE believe responsible parents should not be forced to subsidize the system nor forced to jump through hoops by government;

2) If the parties can agree on child support and/or the method of payment of child support, they shall not be required to pay said child support through the Court system;

3) The Payer must keep accurate record of payments in the event of dispute. Records that the payee signs off on will be considered incontrovertible sans evidence of forgery.

— — -

PROPOSED RESOLUTION 30

Whereas,

1) All parents should have the RIGHT OF MEANINGFUL VISITATION BY A PARENT WITH THEIR CHILD;

2) All Custody cases should provide for liberal, meaningful visitation unless there is good cause not to or Joint Physical Custody is granted;

3) All relevant custody decisions should be spelled out the terms of visitation;

4) No person, including court personnel, should make disparaging comments about a parent to any child.

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) WE THE PEOPLE command our elected officials pass legislation to guarantee that all fit parents shall have theRIGHT OF MEANINGFUL VISITATION BY A PARENT WITH THEIR CHILD;

2) WE THE PEOPLE believe all custody cases should provide for liberal, meaningful visitation unless there is good cause not to or Joint Physical Custody is granted;

3) WE THE PEOPLE believe all relevant custody decisions should be spelled out the terms of visitation;

4) WE THE PEOPLE believe No person, including court personnel, should make disparaging comments about a parent to any child.

— —

PROPOSED RESOLUTION 31

Whereas,

1) Many matters come up in child support, custody and visitation cases which are not cost effectively resolved in standard court proceedings;

2) Many matters that come up in child support, custody and visitation cases do not represent a good use of standard court resources;

3) A different mechanism for dealing with certain family court issues should be designed and implemented;

4) Too often, Citizens cannot enforce their parental rights in a timely manner because the process is cost prohibitive and backlogged.

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) WE THE PEOPLE direct our elected officials to research, design and implement a less costly and less formalFAMILY “SMALL CLAIMS” COURT ;

2) WE THE PEOPLE would suggest this court would only here custody and visitation disputes and allegations of persons disparaging any parent to their child.

— —

PROPOSED RESOLUTION 32

Whereas,

1) The Federal and State Legislatures, the FBI, CIA, Justice Department, US Federal Attorney General, All the State Attorney Generals, All Sheriffs and Law Enforcement and all County Attorneys have been unable or unwilling to address the systemic corruption that is destroying our Country, it is necessary to form aCITIZENS ANTI-CORRUPTION COMMITTEE

THEREFORE, BE IT RESOLVED THAT LANGUAGE SHOULD BE INCORPORATED INTO OUR PARTY PLATFORM TO REFLECT THE FOLLOWING:

1) The Formation of a Citizen’s Anti-Corruption Committee to consist of 50 randomly selected citizens. 1 from each state;

2) The first requirements would be at least a high school diploma and no felony convictions;

3) Secondly, the individual will not have held elected office or worked for the government and promises not to hold elected office or work for the government for the rest of their lives;

4) Thirdly, these persons would agree to make all of their personal and 1st degree relatives finances public for 1 year before taking office, during all years served on the committee and for 20 years after said service. In exchange for making their finances public, the committee member will get $10,000 for each year of compliance and their 1st degree relatives will get $5000.00 per year. The contractual obligation to maintain their finances as public shall be irrevocable once the any recipient has accepted one or more payments. (unless they are convicted of a felony);

5) These citizens shall be given a budget and authority to investigate ant part of Federal or State Government (Any branch, county, city, school, police, judge, president, dog catcher, etc) they so desire. They can get search warrants, wire taps etc using the same standards that apply to law enforcement;

6) Elected officials and Government Bureaucrats shall be noticed that they are employees and have no expectation of privacy in using government property or property paid for by the government;

7) This Anti-Corruption Committee can present their findings directly to any appropriate Grand Jury, Congress, Federal District Court or State Legislature.;

8) Or, they can request advice and assistance from the appropriate Federal, State or County Attorneys. Failure of any Government Attorney to give timely and correct assistance to this committee shall be considered treason and punishable as such.

— —

Why are so many resolutions necessary to repair and restore our Judicial and Legal System to the lofty yet mandatory standard of the “Rule of Law”? This author submits that those who would be tyrants have perfected their art, those who would be tyrants have realized that if liberty is slowly and obscurely taken away from the rank and file masses, in America known as WE THE PEOPLE, WE THE PEOPLE busy with our lives and generally peaceful in nature, will not rebel. This as opposed to the virtually assured rebellion and revolution that rapid enslavement and open oppression would cause.

WE THE PEOPLE were previously warned of this hazard by our Founding Fathers:

“Since the general civilization of mankind, I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations; but, on a candid examination of history, we shall find that turbulence, violence, and abuse of power, by the majority trampling on the rights of the minority, have produced factions and commotions, which, in republics, have, more frequently than any other cause, produced despotism. If we go over the whole history of ancient and modern republics, we shall find their destruction to have generally resulted from those causes.“

James Madison — Speech at the Virginia Convention to ratify the Federal Constitution (1788 –06–06)

And in the final proof of this author’s assertions, the reader is asked this question:

“Why was this list of proposed resolutions complied by this author and not your elected officials?”

http://GOOOH.com

Those were my thoughts.

(You may also be interested in promoting this proposed caucus resolution:

Mandatory Municipal Budgets on the Internet http://bit.ly/zHXLLa )

In Closing,

Thank you, my fellow citizens, for taking your valuable time to read and reflect upon what is written here.

Please join with me in mutually pledging to each other and our fellow citizens our lives, our fortunes and our sacred honor to our mutual endeavors of restoring liberty and economic opportunity to WE THE PEOPLE as our Founding Fathers envisioned and intended. [Last

This article is written with the same intentions as Thomas Paine http://ushistory.org/paine. I seek no leadership role. I seek only to help the American People find their own way using their own “Common Sense” http://amzn.to/kbRuar

TellMyPolitician http://goo.gl/1FWfz

Keep Fighting the Good Fight!

In Liberty,

Don Mashak
The Cynical Patriot
http://twitter.com/dmashak

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http://www.facebook.com/don.mashak

WE THE PEOPLE TAR
http://WETHEPEOPLETAR.blogspot.com
http://twitter.com/WETHEPEOPLETAR

End the Fed(eral Reserve Bank System)
National http://bit.ly/ta3Rju Minneapolis http://bit.ly/tjZJKF

Lawless America
http://LawlessAmerica.com

Justice in Minnesota #JIM
http://JusticeinMN.com

Bring Home the Politicians #BHTP
http://BringHomethePoliticians.com

Get out of our House #GOOOH
http://GOOOH.com

Critical Thinking Notice — This author advises you as no politician would dare. Exercise Critical Thinking (http://bit.ly/ubI6ve) in determining the truthfulness of anything you read or hear. Do not passively accept nor believe anything anyone tells you, including this author… unless and until you verify it yourself with sources you trust and could actively defend your perspective to anyone who might debate you to the contrary of your perspective.

Proposed Election 2012 caucus resolutions for judicial reform(updated) Part 2of2

This is part 2 of a 2 part series.

WORKING LINK HERE >

Written by Don Mashak