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This amendment initiative aims to hold judges accountable, eliminate judicial immunity, establish special grand juries, and introduce a "3-strikes" provision. Learn about the organized efforts in various states and the Special Grand Jury in South Dakota. Explore the advocacy resources available nationwide and in South Dakota, and discover the strategies to get involved and support this push for judicial accountability.
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The J.A.I.L Amendment A Different Kind of Accountability National Association for Court Management 2007 Summer Conference, Chicago Updated 05/21/07
JAIL Amendment Organized Efforts in: • California • Florida • Indiana • Pennsylvania • Vermont • Tennessee • Alabama • Others? • South Dakota – on the 2006 ballot as Constitutional Amendment “E”
JAIL Amendment What is “J.A.I.L. 4 Judges?” In South Dakota’s 2006 election: • Elimination of judicial immunity • no public legal defense • special grand jury • “3-strikes” provision
JAIL Amendment The Special Grand Jury • South Dakota’s Amendment E… • Facilities • Pay for grand jurors • Retroactivity • Subpoena and indictment authority • Not subject to appeal • Who could be on the jury • Funding sources • Law and facts of each case • Absolute judicial immunity
JAIL Amendment South Dakota’s Approach“No on E” • State Bar Association’s lead • Relatively lower-profile efforts by judges and court officials
JAIL Amendment South Dakota State Bar’s Campaign • Public focus groups • Community information sessions • Debates and public forums • Newspaper, radio, television, internet, and direct mail campaigns • No-on-E” resolutions • Fundraising efforts • Video Message [play here]
JAIL Amendment Possible Future Attempts • Advocates claim activity in all 50 states • Smaller media markets • Relatively easier public initiative laws
JAIL Amendment Available Resources: Nationally • History/Overview: William Raftery’s “J.A.I.L. for Judges: Opponents of an Impartial Justice System?” ABA Journal, Winter 2007 • “Justice at Stake,” grant-funded non-profit organization chartered to defend judicial independence, www.justiceatstake.org • Florida Bar Association, www.Floridabar.org
JAIL Amendment Available Resources: SD • www.No-on-E.com • www.dakotawarcollege.blogspot.com • www.no-e-sd.blogspot.com • www.prairieprogressive.blogspot.com • Tom Barnett (Secretary-Treasurer) State Bar of South Dakota 222 East Capitol Avenue Pierre, SD 57501 (605) 224-7554, (800) 952-2333
JAIL Amendment Sponsors and advocate sites(content and web addresses change frequently) • www.Jail4judges.org, .net, .com • www.AmendmentE.com • www.FloridaJail4Judges.org
JAIL Amendment What can you do? Some strategies… • Identify weaknesses & vulnerabilities • Expand public awareness • Outreach, responsiveness, openness • Change terminology • Partnerships with outside orgs & agencies
JAIL Amendment ConclusionQ&AThanks for your time.