Friday, March 18, 2011

Florida Legislative agenda

I propose these changes in Florida law/Constitution.  They should require NO explanation, but I'll give an abundance to anyone desiring it.

  1. Law must state clearly that Adverse Possession (AP) trumps criminal laws except for evidence of theft or destruction of minerals, buildings, or parts of buildings, including appliances traditionally left with the buiding.  Sheriffs should not arrest people for bogus crimes associated with AP doing it but it cures a homeless family problem using abandoned houses.  Sheriffs must learn that AP is civil, not criminal. 

  2. AP law needs a new provision for AP of realty abandoned due to foreclosure. 

  3. Constitution must excise the bar and its members from government

  4. Constitution must prohibit prosecution of non-lawyers for UPL (see F.S. 454.23) unless they claim attorney status, and define the Practice of Law as functioning as a licensed attorney. In other words, all non-attorney people can do what lawyers do, and do so with impunity, so long as they don't claim that they are attorneys.

  5. Constitution must hand licensing and regulation of attorneys to the Executive branch

  6. Constitution must impose penalty for violation of loyalty oath

  7. Constitution must change public officer oath to remove the words "and government" and mandate that all government employees swear all oaths required by law (judges claim they don't have to obey the Legislature)

  8. Constitution must eliminate all judicial and lawyer immunity from prosecution for crimes or lawsuit for torts and civil rights violations.

  9. Constitution must mandate a judicial performance rating system in which judges whose rulings an appeals court over turn get permanent derogatory marks for performance; 3 such marks disqualifies them from re-appointment or re-election; 5 such marks removes them from service for rehabilitation.

  10. Constitution must mandate a bonding system for all government employees in which employees pay for their bonding fees out of their own pockets, with fees deducted from periodic pay, and excessive well-founded complaints of injured parties against the bond warrant elevation of bonding fees.  Elevation to 25% of compensation results in dismissal from government service and forfeiture of pensions.  Government shall not own or control the bonding enterprise except for initially establishing it, but it shall become the property of all registered voters.  Any complaint of a felony goes to the grand jury for investigation. System must facilitate filing and processing of complaints.

  11. Constitution must mandate special tribunals for trying public officers indicted by grand juries or accused of crimes or abuses through the bonding system.  Tribunal officers consist of four well educated non-government grand jurors from other jurisdictions in the state plus three honorable and undisciplined attorneys of renowned honesty from outside the federal circuit.

  12. Constitution must mandate NO payment to employees aside from government compensation or investments, no wagering of any kind in private life, and no investment of any kind in any government-associated securities (such as prisons, correction systems, or products using items manufactured by prison labor).

  13. Constitution must mandate NO campaign contributions of money or other chattels or services for judicial officers, governor, attorney general, state attorneys, clerks of court, or legislators, other than personal labor on campaign activities.

  14. Constitute must mandate hand-marked thumbprinted ballots counted by hand by election supervisor and agents of each political party.

  15. Constitution must mandate punishment for all perjury, not within the discretion of judges, and stipulate restriction on language of affidavits to "I personally know, and from detection by my senses of sight, sound, smell, taste, and touch the following facts to which I have mental competence to testify now under oath and under penalties of perjury"  The word "belief or to my best belief" must NOT appear in affidavits because affiants now use them to lie or testify to what they don't know.

  16. Constitution must mandate NO rocket dockets and Require full due process with adequate time to present a case and all evidence, and argue its merits.

  17. Constitution must mandate state and gov't attorneys have no authority or control over grand juries, that bailiffs must not impede delivery of information or evidence about crimes to grand jurors, clerks must reveal identities of grand jurors and a personal email and mailing address for each for the delivery of information about crimes, and require grand jurors to have college degrees and have passed a competency test on the Constitutions of the US and Florida, and must NOT have lawyers in positions of fore person.  It must require grand jury empanelment annually for all felony accusations, not just capitol crimes.

  18. Constitution must mandate that juries get to hear all evidence and make their own determination of admissibility regardless of motions in limine, and that judges must instruct jurors that jurors have the power to determine the facts, the law, and the applicability of the law to the facts, and to overturn the judge's rulings and authority as they deem appropriate.

  19. Constitution must mandate Courtsmart (official) audio and video recordings, personal audio and video recordings as people wish, court watchers, and visitor surveys for all court proceedings in and out of chambers, and availability of courtsmart recordings free of charge to visitors/participants, or $5 max each for others, available next day.  Limited exceptions by law only (not by court rules).

  20. Constitution must mandate that Supreme Court must have consent of 2/3 Legislature for court rules and all changes thereto.

  21. Constitution must mandate that all court dockets, rulings, opinions, filings (motions, complaints, depositions, answers), Courtsmart recordings, and transcripts must appear on-line free of charge to the public, and that all bearing the electronic authenticity signature serve as official, authentic evidence in any tribunal in the state.

  22. Constitution must mandate that the legislature annually publish the annotated English Law in effect in Florida on-line and in law books, and distribute one to every public library in the state.

  23. Constitution must mandate that case law (legal precedent) has a shelf life of only one year and that the court submit if formally to the Legislature for integration into the state's laws.  If the legislature chooses NOT to integrate (clarify the law) with it, then that in effect overturns the court ruling in that case, and the Legislature must so notify the Supreme and reorder a new trial provided it does not constitute double jeopardy.

  24. Constitution must mandate that a person who fears prejudice in courts and files a legally sufficient motion to that effect stating concretely the reason for the fear, acceptable as reasonable to the typical grand juror, shall receive a new judge until the court system shall have exhausted all the judges in the state, and then a tribunal of three grand jurors shall hear the case with a judge of their choice as an advisor.

  25. Constitution must mandate that the Supreme court shall read/hear all appealed appellate rulings and issue a ruling on them, citing finding of facts and conclusions of law in writing.  The state must set aside budget for expanding the supreme court as appropriate to provide sufficient tribunals.

  26. Law shall require the attorney general to write an opinion, supported by law and precedent, on all questions of government position on the law when petitioned by 100 or more registered voters.  The Attorney General may assign the task to a State Attorney of choice, and then shall certify agreement with the opinion under penalties of perjury.

  27. Court rules shall include a new rule providing a means for litigants to challenge the constitutionality of any state law formally by requiring the attorney general to write an opinion on it, and allowing for the litigant to require confirmation by the Supreme Court of the State, and the 11th US Circuit Court of Appeals.

  28. Constitution must mandate that the Legislature cite in each law they enact the provision of the Florida and US Constitutions that authorize them to enact that law.

  29. Constitution must mandate that the clerk of courts shall verify allegations of standing and jurisdiction prior to recording the complaint or answer, and shall require strict proof through documentation of such allegations.  The clerk shall submit to the state attorney a verified complaint of perjury against any party who prepared or verified a false filing.  All complaints by corporations must have copies of the corporate charter and articles of incorporation and any contract supporting standing attached.  All complaints and answers by attorneys must have attached the principal's contract assigning the attorney to represent the plaintiff/defendant, and a certificate of acceptance of legal representation or counsel by the client.

  30. Constitution must mandate that jails and jailors and prosecutors must facilitate petitions for writ of habeas corpus, and courts and jailors shall accept such habeas petitions from anyone at all, not just the defendant or family.  Jails must make computer terminals available so defendants may type in the details on a pdf form and submit it electronically.  The court shall hear the habeas petition within 12 hours, and anyone falsely imprisoning a defendant without probable cause sworn under penalties of perjury shall pay a $5,000 penalty to the victim and defend a charge of felony perjury and obstruction of justice.

  31. Constitution must mandate no arrests for misdemeanors unless the accused represents a clear and present danger to the community or its residents or does not reside in the state.  

  32. Constitution must eliminate civil contempt jailings and limit civil contempt punishment after trial to one week and criminal contempt jailings after trial to one month.  Beyond that time the government punitively and inexcusably destroys the financial and family life of the contemnor as a show of power and force.

  33. Constitution must mandate that public employees have the obligation to ensure their home contact information does not appear on any but the most necessary documents, for it will otherwise get divulged in a public records request, and ANY and ALL information on work computers is public.  Records custodians must release documents without charging a fee for redaction or for a lawyer checking a document for redaction, and must deliver them electronically via email or by posting on a web site for download, requiring no password or complicated procedure whenever possible.

  34. Constitution must mandate that Courts allow ALL LITIGANTS to file and read all court documents on-line, and make terminals for that purpose available in all jails and prisons.

  35. Constitution/ law must mandate that prisons and jails treat all prisoners humanely, providing them with sterilized garments and blankets suitable to stay warm, comfortable, and free of lice, mites, bedbugs, and communicable diseases in the prison environment, and both face masks and chemical-proof elastic gloves, and clean toilets, floors, and walls.  It must isolate dangerous or filthy prisoners from others.  Prison garb must stay in good repair, fit reasonably, provide adequate warmth for comfort, and provide adjustments so they stay on without extraordinary care or holding them on.

  36. Constitution must mandate that all court records and laws get published and made freely available on-line, including all existing case law, jurisprudence, law review articles and bar articles. 

  37. The court should occlude from full public scrutiny ONLY the specific items that reveal identity of undercover officers or victims/witnesses in imminent danger of physical harm, and such records shall become fully available within 5 years.  The court shall publish all opinions, and shall provide written finding of fact and conclusion of law for all motions denied and cases dismissed or not heard. All rulings shall become precedent law, without exception, until the legislature shall have incorporate respective rulings into statutes.  Any judge who ignores precedent shall write an opinion with full finding of fact and conclusion of law, and all such shall go to interlocutory appeal if any litigant moves for it.

  38. All candidates or nominees for judicial office shall swear the 876.05 oath.  Presently no appointment nominees swear it, and that violates the law (see 876.05 and 105.031.  All judicial candidates shall pass a constitutional law course that includes all supreme cour rulings for the US and State, and shall pass a written exam that certifies such knowledge.  All judicial officers shall swear that they have passed the course and shall swear to having read the code of judicial conduct and agree under penalties of perjury to abide by its canons impeccably and without excuse, exception, or deviation, on penalty of forfeiture of pensions.

  39. When assigning judges to cases, the Chief Judge shall have no say in the matter, but rather the trial courts administrator or marshalls shall assign them bo lottery.  If any litigants so desire they may witness the lottery.




--

Bob Hurt, Concerned Bob Hurt        My Blog
2460 Persian Drive #70
Clearwater, FL 33763
727 669 5511
Donate to my Law Scholarship fund
Subscribe to Lawmen E-Letter
Learn to Litigate with Jurisdictionary

No comments: