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Jail for Judges


The recent imprisonment of Kim Davis is a model for Judicial Reform.

As a county clerk, she is a member of the Judiciary. She did not follow the law as she violated a court order (which was based on a U.S. Supreme Court decision).

It does not matter whether we agree with the decision or not. Judicial Review is accepted as a fundamental aspect of our Constitutional system.

Everyone else has to follow the law and the orders of courts; even bad laws and bad orders. The proper means to correct bad law and bad judicial orders is to follow the established system of appeals and to petition the legislative branch for reforms.

Unfortunately, the Judicial Branch has attempted to grant itself (and by extension the enforcers of law) immunity from prosecution for illegal acts; the concept of "Protection of the Judiciary" has been placed higher that duty to uphold the Constitution with obvious effects.

The recent effect has been that swearing a Judicial oath of office equals immediate immunity related to upholding that oath.

Court clerks appear much more restrained than judges about abuse of law with most clerks upholding law and the Constitution to the best of their abilities. Judges overwhelmingly disregard law or the Constitution on some issue(s) in a manner that would be criminal if anyone enforced law against judges...

The imprisonment of Kim Davis is an important first step in reforming our Judiciary and our Justice System. The privileges of judges must extend absolutely from duty and one standard must be enforced on all citizens (whether or not they are a member of the Judiciary or the Justice System).

Note that Judicial Contempt power is the sole issue currently being used against Kim Davis but the fundamental law that she (and virtually every judge) appears to have broken is "deprivation under color of law"; she allegedly used her position to take a right from a citizen when she lacked that authority.

Note that based on an article dated 9-5-15, the Kentucky clerk still remains defiant and she likely expects no criminal prosecution.

foxnews.com/politics/2015/09/05/jailed-kentucky-clerks-calls-issued-marriage-licenses-to-gay-couples-void/

Judges, clerks, prosecutors, and police must expect that their criminal abuses will result in criminal punishments.

Jail for Judges is the correct answer.




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Posted by: Joey Berry on 09-05-2015

It is interesting how lenient the judge is being on a fellow member of the Judiciary.

Kim Davis is blatant in violating the Court Order but the article states: "The judge indicated Kim Davis would remain in jail at least a week..."

Since the article also mentions, [James Yates] had been denied a license five times previously. Which should indicate at least five instances of Contempt.

Since 18 U.S.C. § 401 states:

A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as—

(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.

and

Since, from my understanding, imprisonment up to six months may be ordered without a jury trial...

It looks like the judge is going out of his way to be lenient.

The standard is almost certainly not what a common citizen could expect. A more likely sentence would be at least 30 days for each violation (as Criminal Contempt) excepting one; the maximum of six months would be more consistent with typical court enforcement/overreaction against common citizens or even holding a jury trial to allow a longer sentence. Additionally, perpetual imprisonment would likely be assigned for a remaining violation (as Civil Contempt) with a mandate to sign a retraction, issue orders in compliance with the original Court Order, et cetera to purge the on-going Contempt.

Many judges would likely move on their own motion to collect witnesses and testimony from the press to pursue numerous additional counts of Contempt with an infamous account like Kim Davis but that seems unlikely because Ms. Davis being a clerk draws negative attention to the Judiciary and extreme punishments would only draw further negative attention.



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Posted by: Joey Berry on 09-05-2015

Kim Davis is an excellent example because the average citizen doesn't fully understand the level of government/judicial intrusion into everyday life.

The reality is that Kim Davis should easily be facing between 30 days and 30 years of imprisonment for accumulated Contempt of Court charges.

AND

She should likely face dozens of criminal charges of deprivation under color of law; one for each time she is alleged to have disregarded duty/obligation for personal reasons.

Whether you agree with her or not, understanding the potential jail time (and/or fines) that she should face if our system held everyone to the same standard is enlightening. Very few people would likely support a lifetime of imprisonment for what Kim Davis did but that result is very compatible with our current Justice System.

It should be clear that reform of the Judiciary and restoration of individual rights is urgently needed.


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Posted by: Joey Berry on 09-13-2015

Judge Samual Kent is a great example of pseudo-jail for judges:

[en.m.wikipedia.org/wiki/Samuel_B._Kent]

A judge actually served some time but clearly under a much lower standard than a regular citizen would face.

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Posted by: Joey Berry on 09-05-2015

I created this topic because the corruption of the Judiciary is becoming apparent to both Conservatives and Liberals and reform is an urgent necessity to preserve and restore individual rights in this country.

Hopefully this issue is not overshadowed by manufactured political issues and platforms.

People should be angry at injustice. People should be angry at the corruption of our Judiciary. People should be angry at hypocrisy and a complete lack of accountability in our Justice System.

We are all in danger from an out-of-control Judicial System.

We need reform and accountability. We need Jail for Judges.

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Posted by: Anonymous on 11-04-2015

The charging of Senior Resident Superior Court Judge Arnold Jones II of N.C.'s Second Division (District 8B) is a good example of a good start and a double standard.

Facing up to 37 years in Federal Prison for a relatively minor act of corruption is consistent with standards faced by citizens but the lack of high bail still shows a bias:

"The magistrate ordered Jones to surrender his passport and restrict his travel to within the state."

[foxnews.com/us/2015/11/04/north-carolina-judge-accused-bribing-fbi-officer-with-cash-beer/]

"...the federal judge asked Jones if he understood the charges, then released him with the understanding he would appear in court for further hearings on the matter."

[newsobserver.com/news/local/article42936522.html]


Is the Federal Judge telegraphing leniency and special treatment due to a position in the Judiciary? It will be interesting to see whether some excuse if found to dismiss charges or, if not, what punishment is actually imposed.


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