It is to create a superior Judicial system, to the one we currently have and that applies to probably every judicial system in the world. I’ll bet there is not one system in the world that is not rife with graft and corruption like the U.S. It shouldn’t be that hard since the existing ones are pretty crappy, as my grandpa used to say. I think coming up with a superior system is going to be relatively easy compared to getting a large enough group of people to agree to it. With what we know today and the technologies available to us, there should be nothing holding us up, except our own egos and inability to communicate.
My first thought is that we need to have some basic ideas or precepts as to what we want to do. Things we need or would like to incorporate in the system or problems we need to solve. Remember we are not looking for perfection; no such thing. We’re looking for an improvement and I think that we can make a substantial one if we try. So to start, I’ve written down a couple of my thoughts and opinion to start the discussions and debates. Remember there are going to be compromises in importance between the various elements of the system so when arguing point keep this in mind. If you want to start a specific blog on an issue, feel free. Let’s do this.
- There are too few Judges making the most critical Constitutional decisions for a country of 325 million people and that any Constitutional determinations therefore must be made by a plurality vote of 50+1 by a minimum of 1,000 individual Judges.
- That the government via politicians or bureaucrats cannot have direct or indirect control over Judicial appointments or approvals.
- That Judges must be selected at the municipal level through a system of apportionment based on the current 10 year census system.
- For each Constitutional issue, Judges would be randomly selected via a highly encrypted computer system, which they can either accept or reject based on availability, until the required number of Judges is obtained.
- There needs to be system for which Citizens have oversight over the Judiciary and can administer some form of recourse or punishment, such as firing them for poor decisions.
- That there cannot be any regulatory requirements other then Citizenship to be a Judges. It is up to the Citizens, as constituents at the local level to choose those that they want to represent them as Judges.
- That there must be a merit system built into the system to promote both participation and quality of decisions and opinions by the Judges. That Judges would be paid a standard amount for participation as a Judge in a case. Those Judges which either write or co-write a winning decision would achieve extra points up and above those that vote for a winning decision so that those that achieve the greatest number of points over a specific period would get the various current Judicial positions, based on a formal, yet to be determined merit system. The idea is to promote those that participate the most help in writing the winning opinions and are in the majority the most with their final vote, based on total points system, achieve the higher Judicial positions as their tenures expire. No more life appointments my dear Judges.
Just think of being able to appeal a lower court opinion that ruled against you. You know your right, you have the evidence which the Judge(s) refused to allow during the trial because of selective prosecution, corruption, or some frivolous rules of procedures that are constantly changed to meet the various Courts practices and policies. This time instead of having a three (3) court panel or single Judge review your case and claims, it is reviewed by 100?s or even 1000?s of educated people, depending on the appeal level of the case, whom were all “elected” at the local level. No more determinations by a single or corrupt handful of Judges appointed by the Governor or President you voted against and no more almost total control and dominance over the Judiciary by the members of State and Federal Bars.
The Judges, that you and the rest of the Citizens of America elected, would be randomly selected by a highly secure computerized system that allows for both privacy during the review process and full disclosure, after determination and publishing of the opinions. The next time the Judges from you community come up for election, you have a full list of how they voted on every issue. You would also see which opinion they favored and those that ruled with and against the opinion. One immediately thinks of voter fraud and malfunctioning machines that have plagued similar voting process in some jurisdictions. Not to worry. Because of the relatively small number of people involved in the actual determination being in the 100 to 2,500 range, a hard copy vote and physical documentation would provide the verification of the determinations and people involved. Even if the hard copy and computer came up with slightly different determinations, additional verifications can be make by Certified mail to determine any inconsistencies in the final count.
We live in the computerized age that has taken communications to a new level, yet a few Judges can approve or oppose the law for a country of 325 million people. Now wonder our judicial system is horrible as well as most others around the world. No wonder, except for repeal of Prohibition, abolition of slavery and women’s suffrage, we have consistently lost the majority of our inalienable rights throughout the course of American history.
By reading the Summary you will get a better understanding of how the system would work. This is a summary with many of the simpler details to be worked out and determined with the help of those that wish to endeavor in the creation and hopeful implementation of this system. It is not that complicated of a system as all the software systems have already be created. It is a matter of consolidation of existing programs that are needed to facilitate the various attributes the system requires to improve and Repair our System of Justice.