Tuesday, September 28, 2010

The People's Court

The powers that be are feeling threatened by the power of the people and that is why they don't want you to vote no on the retention of judges.

And the scientific community is united in that fact.

They've made out so well and are so comfortable with the status quo that they don't want you tipping the scales back to balanced.

They want, and need, you to be ignorant and apathetic about voting further down the ballot, or even turning it over.

Since 1962, Iowa voters have voted to remove four judges.

Is it because they're so wonderful?

More likely is that most people have no interaction with the court system.

Iowa Code 602.1218 covers the Judicial Branch and cites Removal For Cause --

Inefficiency, Insubordination, Failure to perform assigned duties, Inadequacy in performance of assigned duties, Narcotics addiction, Dishonesty, Unrehabilitated alcoholism, Negligence, Conduct which adversely affects the performance of the individual or of the judicial branch, Conduct unbecoming a public employee, Misconduct, or any other just and good cause constitutes cause for removal.

I'm no lawyer, but it seems to me that if you disagree with the Iowa Supreme Court's ruling on gay marriage, that is a just and good cause for removal.

The Ragister ran an opinion piece from Dean's and former Dean's of Drake Law School and the U of I College of Law and these legal eagles were less than honest when they wrote --

The retention vote was designed for a very limited purpose, to provide a mechanism to remove a judge who was unfit for office, for example, because of corruption such as bribery, other unlawful conduct, or misconduct.

Here's where I need a Dean scream

Section 46.16 covers Terms Of Judges --

1. Subject to sections 602.1610 (Mandatory retirement) and 602.1612 (Temporary service by retired judges) and to removal of cause.

The people don't have to wait up to eight years to remove a justice for corruption, unlawful conduct or misconduct, that's what Impeachment is for.

602.2201 Impeachment --

Judicial officers may be removed from office by impeachment pursuant to Chapter 68.

Chapter 68 is entitled Impeachment and 68.1 Impeachment Defined --

An impeachment is a written accusation against the governor, or a judicial officer, or other state officer, by the house of representatives before the senate of a misdemeanor or malfeasance in office.

For me this has never been about one ruling, I've been voting NO on judges since I first voted in 1976.

Most judges I've encountered come across as pompous asses who believe they are the law, or above the law.

For me it is part of the checks of the system and utilizing the no retention may keep the scales of justice balanced and the judges centered in reality.


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