To Start

1
Assessment of the Present Judiciary System

2
Intoduction

3
Formula

The relative simple formula is based upon: SCHOOL, APPRENTICESHIP & PRACTICE .

This formula can, within it's own terms, serve professions and their associated businesses equally well.

The School is to be provided at NO cost to any student who passes outmost stringent qualifications based upon the highest standards; a common sense approach to equality and justice; an impeccable personality, integrity, the ability to disassociate her/himself from social biased and prejudice; a strong ability to form unbiased opinions based upon law - not the whim of special interest groups; the desire and devotion to serve; to work in the interest of social well being and justice for ALL, for a life time; to have an ability to disregard preference to social standing and race.

Money and social standing, are forbidden to sway acceptance.

Schooling of a Judge should be in stages, with practice starting in the lowest court.

A) School:
A set term, sufficient to provide the foundation of law and practice (i.e. 4 years?)

B) Apprenticeship:
A set term interactive with school, (i.e. 1-2 years?) "Practicum" to observe the primary Judge in the court room and gradually act under the supervision of the primary judge.

C) Practice:
A set amount of years (i.e. 2-4 ?years) as primary Judge, should be a mandate before a candidate can proceed to the next level - if so desired and upon an impeccable record of service.

Each progression to the next level of the court, repeats all stages of the formula.

4
Who Is Best Suited To Write The Law ?

The writing of laws should be reserved for the judiciary body. Continuum, simplicity, oversight, encompassing laws which the average person can comprehend, are vital for the solid foundation upon which a healthy social structure can be built. Laws written by lawyers or politicians, would most likely, serve their varied special interest which are incompatible with "Equality and Justice for All."

If the law, as written, is opposed by enough people, and specified amounts of signatures are collected, then the law should be subject to a referendum for the people to vote upon. The entire text must be presented to the population. All text should be written in clear, straightforward language which the average person can readily comprehend.

Duality and/or facilitating language to accommodate a potentially
hidden agenda, case law which serves both ends of the spectrum, must be removed from applicability.

5
Law In Daily Life

All reasonably educated people should be able to understand and comprehend the laws, however, it would be recommendable to provide classes through various forums and schools for all ages.

The knowledge of law for each specified profession and business, should be a mandate for all management positions and owners before a business license can issue.

Knowledge of law is empowerment!

6
Access

Access to the courts must be affordable, preferably free, swift, uncomplicated and with straight forward laws.

Consistency in procedures and clarity, so that the average person can follow and comprehend it’s meaning and purpose, are a must.

Affordability is half the battle toward "Equal Justice".

The present system uses many steps which serve no purpose other than the "Business of Law." This, in term, raises overall costs. Affordability becomes a nullity for a great majority of the working class.

The poor are denied to proceed in "forma pauperis," although, in accordance with the requirements of the law, they should qualify. The judge, who’s decision is to be overturned, to add insult to injury, gets to make that decision. Thus, deniability to proceed, is assured.

The working class and poor, are highly vulnerable to corporate abuse and fraud
. Without
recourse, they have become a lucrative, no risk, easy target for the con-artists which clime into higher and higher positions of power with the undeserved wealth.

Thus, a dictatorship is born. Slavery is not abolished - it is elevated to cover greater circles and is enlarged into a higher realm.

7
Conclusion

2. Introduction  

3. Formula

4. Who Is Best Suited To Write The Law?

6. Access

5. Law In Daily Life

7. Conclusion

To Start

1
Assessment of the Present Judiciary System

2
Introduction  

3
 
Formula

4
Who Is Best Suited To Write The Law?

5
 
Law In Daily Life

6
 
Access

7
 
Conclusion

1 Assessment of the Present Judiciary System

To Start
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To Start
To Start
To Start

It is my believe that the present monstrous, overblown and costs prohibitive system, could become cost effective, more manageable and most important, a more just and balanced system for the better of all, which, like a pebble thrown into a pond, will produce a ripple effect of savings which could expand across the board.

It is my believe, that this system would provide the courts with true scholars of law through education - NOT through appointments and advancement of, and by special interest groups. Thus, a judge would have no affiliation, no pressure from lobbyists, outside influence, political or corporate entities.

A judge should equally take responsibility to secure the adherence to proper procedures and court rules without exceptions, or face removal from the bench.

ULTIMATELY - ONLY TRUTH, LAW, EQUALITY AND JUSTICE FOR ALL, SHALL PREVAIL.

This is a simplified, preliminary proposal of a new concept for the present ineffective court system.
© 1998 DH revised: April 2005.

There are some vital basic needs of society which do not lend itself to be market driven, but they form vital components in the foundation of a solid, strong, healthy social structure – be it otherwise market driven, or not.

The courts, law, and ultimately justice, are one such item. Equality, under the present system, is the making of propaganda - a non existing illusion for the unsuspecting, and/or uneducated populous at large - until they too, come face to face with it’s reality.

Social chaos, such as we experience in present time, is a direct result of a failed system.

On one hand, "INJUSTICE" serves as a potential incubator for arrogance, superiority, abuse of power and oppression, and on the other hand, it catapults the oppressed into destitute. Unable to support themselves, they become a burden upon society. Some people resort to crimes in the pain of desperation, and again, burden the system with imprisonment, a very costly, destructive social solution. Possible illness due to improper nourishment and undue stress, will further empty the coffers of social assistance.

Some issues can get out of hand, and revenge will show it’s ugly face as we have experienced it in the Home Owners Association dispute in Peoria, Arizona. Since then, it is alleged that other home owners associations have faced similar incidents. The legislators – mostly lawyers - still fail to act, why?

Home owners associations and the likes, appear to produce big business and undeserved gain for the "players" involved. It is for many, the "goose that lay’s the golden egg".

When a person from the less fortunate class, as a last resort, dares to take legal action, games are plaid, court rules, laws and contractual obligations, no longer appear to exist. Judges abuse their discretionary powers, grant summary judgments which are not based upon fact and law. They appear to be granted for the sole purpose of serving and protecting the special interest. It serves mainly to oppress facts which could be damming to the clients of the law firm affiliated with the power base. Thus, the "guilty" parties enjoy full protection and are free to go on with their "dirty" business practices.


The lawyers powerful clients, who desire to oppress the truth at all cost, produce a detrimental outcome for the social well being of communities. When facts - and thus the truth - are secreted, justice is not served.

Who suffers? Ultimately, we all do. This is perhaps the best reason, why it is in the best interest of society, to achieve equality and justice.

How can we achieve that goal?

What if we separate the judiciary from the law practitioners and free them from any and all possible allegiance they might be forced into under the present system? Allegiance to special interest groups, political entities, large, dominant law firms, powerful corporations, all influential enough to make or break the career of a judge?

What if a Judge would be schooled for that profession only - the education paid for by the Government (people) – would it not reduce, and eventually eliminate possible "allegiance"?

When lawyers administer "justice" - as lawyers become judges and judges can revert to the profession as a lawyer - the system gives the appearance of a conflict of interest. The same interest group controls all sides of the bench, and it appears that most legislators, are of the same affiliation as well.

Some time ago, I overheard two opposing lawyers comment:
1 st lawyer:          "Good lawyering!" - congratulated one lawyer the other for winning the case.
2 nd lawyer :        "Yes – nothing to do with the truth, however!" – responded the other,
                            and both laughed jovially!

Where was the judge? Did he fail to see through the scam? Did the judge play a part in the "fraud upon the court" and it’s success for reasons which will further his career? How many people will suffer as a result of this?

Unfortunately, the above scenario is much too often the case – the best "liar" not lawyer - con-artist and manipulator in this system, appears to win – nothing to do with truth, justice and equality. If not immediately noticeable, society pay's the price through a subtle process of cause and effect. Indeed, more and more people are taking the law into their own hands. Why does it appear to get worse as time goes by? Because it is!

Frustration, discontent, depression, illness , disassociation from social responsibilities, the egocentric behavior, total neglect of oneself, the extremes – all point to "imbalance" in one form or an other. All are attributable to a system which, by default, will breed such imbalance.

Motivated by personal experiences, the hardship of massive injustice, life altering oppression and abuse, I developed a plan - an idea which could represent the first "breath of fresh air" for the judiciary. A judiciary based upon integrity - not money; truth - not lies; respect for the rights of all in equality – not self serving greed and special interest; a Judiciary of a nation which will have the courage to make the choice, change it’s directions to serve and walk upon the road of:

                                        TRUTH, EQUALITY, and JUSTICE for ALL.

© 2005 All Rights Reserved

Felix Gafner,
Designated Broker


 


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