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What the hell is wrong with South Dakota?!?!?

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MsKandice01 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 11:58 AM
Original message
What the hell is wrong with South Dakota?!?!?
First abortion, now this. This is potentially much worse.

Dakota bill may put judges on the stand
by Ryan Masse
Thursday, October 19, 2006

"The measure is known as Amendment E or the Judicial Accountability Initiative Law (JAIL), and it’s the brainchild of organizations with names like JAIL 4 Judges. If approved by the state’s voters in November’s election, Amendment E would change the South Dakota constitution to allow litigants and defendants the ability to sue judges for decisions they don’t agree with.

It would do this by establishing a “special grand jury,” a 13-member panel of citizens with the ability to judge both law and fact in determining whether to strip justices of judicial immunity and allow civil lawsuits or criminal sanctions to proceed against them. Members of the special grand jury would serve one-year terms, be paid the same as a circuit court judge, and needn’t have any special qualifications other than being at least 30 years old and a citizen of the United States for nine years (elected officials, judges, law enforcement personnel and members of the State Bar would be ineligible, however).

In essence, any disgruntled criminal or unsuccessful civil litigant could stick it to the man (judge) if they’re unhappy with how their case turned out. And due to vagueness in the law, members of juries, parole boards, school boards and other governmental bodies would be vulnerable to special grand jury investigation as well.

The amendment would destroy the doctrine of judicial immunity, a concept that exists so that jurists may make impartial decisions without fear of reprisal. It would eradicate due process rights by allowing the special jurors to decide both fact and law."

More here:
http://badgerherald.com/oped/2006/10/19/dakota_bill_may_put_.php
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nickinSTL Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:02 PM
Response to Original message
1. wtf?
so...suing for medical malpractice is bad...but suing judges for verdicts rendered is good? :wtf:
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in_cog_ni_to Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:04 PM
Response to Original message
2. That's INSANE, but then again..it's SD which made RAPE and incest LEGAL.
:eyes:
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jilln Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:05 PM
Response to Original message
3. Isn't that what appeals are for? (nt)
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ContraBass Black Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:06 PM
Response to Reply #3
7. Yes, but appeals don't get people thrown in jail for allowing abortion.
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jilln Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:16 PM
Original message
good point (nt)
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jilln Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:16 PM
Response to Reply #7
11. good point (nt)
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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:05 PM
Response to Original message
4. what the hell
:wow:

This is so incomprehensible to me that I can't even construct a response. :crazy:
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kerry-is-my-prez Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:05 PM
Response to Original message
5. It could spread to other states too (the red ones)
n/t
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BOSSHOG Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:06 PM
Response to Original message
6. Bad proposal - BUT IT COULD BACKFIRE - WORKS BOTH WAYS
Oh I disagree with how that fucking christian conservative rat fucking bastard on the bench ruled. So lets sue!
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DakotaDemocrat Donating Member (330 posts) Send PM | Profile | Ignore Thu Oct-19-06 12:07 PM
Response to Original message
8. First off, it won't pass. Second of all...
the law could be read to include lawsuits from acts taken by...

...the actual jurors...
...school board members...
...city council members...
...non-profit board members...


It's a nightmare. But so is South Dakota. Everyone here is saying Vote against Amendment E (this amendment). Across party lines. I think the Legislature, after getting thrown out of bedrooms and doctor's offices all across Pierre, went back to work and put forth a proclamation that they are against this.
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sui generis Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:08 PM
Response to Original message
9. I can think of one very good reason and a hundred bad ones
the very good reason is the use of judicial immunity to punish anyone in the courtroom with bizarre contempt of court remedies.

Also, sentencing that is bizarre needs to be addressed. Community service is one thing, but the "scarlett letter" humiliation programs are disgusting and unamerican and shameful.

Of course the intent of this is to punish "liberal" judges for letting people have too much freedom, no doubt, and it will be abused no doubt.

I wonder if the state supreme court justices are exempt? What about federal judges operating within state borders?
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kestrel91316 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:16 PM
Response to Original message
10. I say let it pass. Give these morans exactly what they want.
And then watch their criminal justice system completely fall apart.

If they pass it, they deserve the havoc they will get.Sow the wind, reap the whirlwind, fools!
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