July 2006

Equal Time

by S. Brooke Taylor, WSBA President

My June column, titled "South Dakota Heads for 'J.A.I.L.,'" apparently struck a nerve, and the response has been fast and furious. After one angry call and numerous e-mails taking me to task, it did occur to me that the column presented only one side of the story, and perhaps it would be fair to give "equal time" to the proponents of the South Dakota initiative.

Therefore, I am providing here some messages received within a few days after that issue of Bar News was distributed. (The messages are presented here as they were received and have not been edited.) Mr. Tony DiGiesi, of the "New Jersey Citizens for Justice," in commenting on the doctrine of judicial immunity, had the following to say:
 
It makes no sense "Common or Horse" for such a Policy to ever have seen the Light of day except for the EGG HEADS of Society in the Legislatures and the Judiciarys..It is unheard of in the annals of a Free Society to endow Immune any Individual who knowingly and disregards the Mores of Fair Play and the Laws the States and is encouraged to do so.. by the Doctrine of Judicial Immunity where the Idea ever originated I wish I knew…perhaps it could have been nipped in the Bud. Often this things sneak into being without consent of the Governed a precept of the Documents this Nation was founded upon..When the Law is not respected only another "Revolution" by the people can redress this out of Control Judiciary and Government…It gives one Pause when wondering why Nations of the World now disrespect America to such an extent that they Fly plane into our ICONS…in disrespect a Notion who's blood had freed the Word of Fascism and Communism and now espouses Juciaryism which is an OFFENSE to ALL "free thinking Individuals" Shame on them all for this SIN against Humanity…

Vashon, Washington, resident David Estes provided the following appraisal:

I have read your article on the J.A.I.L. initiative in South Dakota. I see that you are trying to distort the purpose of the initiative as the bar has done in South Dakota. I hope that you do not think that J.A.I.L. will not be coming to the State of Washington. I am a member of JAIL and plan on organizing an attempt to put J.A.I.L. on the ballot here. Your turn is coming.

Loma Wharton, coordinator for the "Southern Oregon Lawmen," had a little trouble with my name, but had the following comments:

Steve-Excellent article although a little remiss in the truth but then I can understand you trying to keep your process of extortion going. But I am here to tell you that J.A.I.L. will come to Washington because people want it. The people are tired of being raped of their property by a corrupt system which you participate and condone. You don't know the law, you don't understand the law, and people are forced into court because they don't know their political position. It is just a matter of time and J.A.I.L. will be in every state including Washington.

K. Reile, whose name appeared above the title "We the People" on the e-mail, apparently agrees that there is no particular case in South Dakota that is attracting attention, but agrees with very little else:

After reading your article about "J.A.I.L. for Judges" in the recent June 2006 Presidents Corner section, we have come to the sad conclusion, that possibly, you are actually unaware that events are happening EVERYDAY in courtrooms, not only South Dakota but New York, Ohio, Illinois and every other state in the union, that would encourage this effort. If you would review a local city court case, a circuit court case, an appeals court case, just pick one, it really does not matter, you will find SO many judicial improprieties going on that the people are simply getting fed up with it. The days of judges denying due process, jury nullification, evidence and witness tampering are over. Simply because there is no high profile media case in SD to pin this on, makes you think this is some lone nut pushing an agenda. Pretty typical coming from the Bar, and pretty pathetic.

E. Motta of Montana was quite succinct in thanking me for providing unintended ammunition for his movement:

I will pass it around to everyone I know. You just made the reason and need stronger FOR J.A.I.L!

Finally, Jeff Coder finds the members of the judicial branch of government at fault for allowing a situation to occur where such an initiative is necessary. He is amused by this behavior:

I find it amusing that lawyers and judges here in Washington State are scrambling like cockroaches under a spotlight to stop any such JAIL initiatives from happening in this state. The question I would have to ask you guys is why did you allow the system to deteriorate to the point where "we the people" had no other recourse than to take matters into our own hands. The Bar Associations don't do an effective job of policing their lot, so what other recourse is there! The system is broke. Even a blind man can see that! Why is it that there is such a high percentage of politicians who are also lawyers? You guys have cut deals behind our backs for years and now our once proud Republic has slowly been transformed into a 3rd world police state. The people in our judicial system sat by and allowed this to happen while their cronies stole our liberty like a thief in the night. Personally I think the JAIL concept is long over due and a house cleaning is in order. After all you guys were unable or unwilling to clean your house so we will clean it for you.

I cannot quarrel with the contention that my column did not present both sides of the story. However, these responses do support my conclusions that "the proponents are dead serious" and "Mr. Branson claims to have organizations in all 50 states ready to march ahead." Those assertions do appear to be true.

The proponents of the J.A.I.L. initiative have now had equal time, and this will conclude the dialogue. I have not changed my opinion, and I make no apology for the column. But I do feel better now. 

Brooke Taylor can be reached at 360-457-3327 or sbtaylor@plattirwintaylor.com. If you would like to write a letter to the editor on this topic, please e-mail it to letterstotheeditor@wsba.org or mail it to WSBA Bar News, Attn: Letters to the Editor, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330.

 





Last Modified: Monday, July 03, 2006

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