North Dakota To Punish Bad Judges

J.J. Jackson* | September 26, 2006

I’m going to say while I like the idea of punishing judges that violate the Constitution and the rights of the people with their rulings I do not necessarily like the way North Dakota is going about it.

Voters in South Dakota decided they didn’t like the liberal leanings of former U.S. Senate Majority Leader Tom Daschle, a Democrat, and voted him out of office in 2004. Then a year later they had their state legislators ban abortion.

Now comes the newest statement on morals and conservative values from the roughly 800,000 people who live between Nebraska and North Dakota, Minnesota and Wyoming: A South Dakota Judicial Accountability plan that would require judges to follow the Constitution.

No more “discoveries” like the U.S. Supreme Court’s revelation of a “right” to sodomy, such as was featured in a Texas case not too long ago, plan supporters say.

Bill Stegmeier, the organizer for what will be Amendment E on this November’s election ballot in South Dakota, said the idea comes from a national organization promoting accountability for judges, but his is a state effort that has just come together.

“Actually, we had the timing right. Look at all the news, even national news, about judges out of control,” Stegmeier told WND.

The plan is fairly simple: A constantly rotating panel of South Dakota residents chosen randomly from voter registration lists would serve as a “super” grand jury. Anyone with a complaint against a judge that isn’t resolved by the judiciary could come to the panel.

Panel members would have the power to review cases and circumstances, and, if they determine it’s appropriate, strip a judge of his immunity for his decisions in court. - WorldNetDaily

Let me explain my reservations about this.

A group of citizens “chosen randomly from voter registration lists” is not in keeping with what I believe is the Republican ideal of government. In a Republican government, guaranteed by the Constitution to all citizens, persons are elected to represent the best interests of the people based on their ability to convince the people that they are up to the job. Perfect? No. Just look at some of the socialists and anti-constitutionalists we elect from Hillary Clinton to John McCain to Teddy Kennedy.

But a “random” panel to oversee the judges is dangerous. I understand what they are trying to do in instituting a system similar to the regular jury court system for other trials but when it comes to holding judges responsible for their violations of the Constitution I dare say I have trouble trusting a “random” group of people.

The Constitution is simple. It says what it means and means what it says. But at the same time I have found that the “random” citizen is more likely to only find objectionable those violations of the Constitution which do not benefit themselves. I dare say that such a panel will consist of far too many who would be all too eager to throw out a judge for upholding unconstitutional seizures of private land for a new shopping mall while seeing no problem what so ever with Social Security, Medicare and Welfare which are also highly unconstitutional. I dare say that many of the panelists will even be suckling at those nipples of government.

I would rather see North Dakotans elect a board to supervise the courts and have the panelists elected based on their qualifications and knowledge of the Constitution.

The Constitution in Exile: How the Federal Government Has Seized Power by Rewriting the Supreme Law of the Land

(Book)

Authors:Andrew P. Napolitano
Manufacturer:Nelson Current
Released:18 April, 2006

Constitutional Chaos: What Happens When the Government Breaks Its Own Laws

(Book)

Authors:Andrew P. Napolitano
Manufacturer:Nelson Current
Released:07 February, 2006

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