By Ms. Gobi of Spencer (by request), petition (accompanied by bill, House, No. 1467) of Steven Drury that judicial officers be required to provide certain memoranda of decisions made by such legal officers of the courts.  The Judiciary.

 

The Commonwealth of Massachusetts

——————

PETITION OF:

 


Steven Drury

 

 


 

——————

In the Year Two Thousand and Seven.

——————

 

 An Act to prevent government by men rather than law, and, to insure that public policy remains the constitutional prerogative of the legislature.

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


 

SECTION 1. That every judge, chancellor, magistrate and/or any other judicial officer, employed and/or appointed and/or elected, in the sovereign State of COMMONWEALTH OF MASSACHUSETTS who had the power to issue rulings, orders, judgments and/or decrees is required to provide a memorandum with each and every decision justifying it as to the Facts of the case, the Law of the case, and the legal Conclusion therefrom in all actions to come before that judicial official; that if the records of any court within the Judicial Branch, maintained at any place in government, show that such official, on an order, judgment, ruling and/or decree submitted for recordation has knowingly or otherwise misrepresented the law and the fact, or both, said judicial officer will be guilty of a felony.  Upon conviction, such punishment shall be not less than five (5) years imprisonment, $250,000.00 fine or both, addtion they shall be forfeiture of all retirement benefits, and irrevocable suspension of license to practice law or discharge form the bench.

 

 

 

SUCH ACTION shall be brought in a court of record within the judicial branch of the State, having jurisdiction to try criminal actions.

 

 

 

PROCEDURE to implement this Act:

 

  1. The Judicial Committee of the Legislature shall within 60 days after enactment of this law, prepare and order the printing of special complaint forms, for use by any citizen or resident alien, living within the geographical jurisdiction of any state of the Union and/or territory of the United States, to initiate this criminal action against any judicial officer of the judicial branch of government of the sovereign State of Commonwealth of Massachusetts republic
  2. The aforesaid citizen or resident alien shall file the aforesaid complaint with:
    1. the chairman of the Judicial Committee, and
    2. the Secretary of State
  3. The Secretary of State is required to cause, within 10 days of the receipt of the complaint, for the full text of it to be published in: 
    1. the official journal(s) of the State, and
    2. the largest daily newspapers in circulation within the geographical boundaries of the State.
  4. Said Judicial Committee chairman shall make the complaint a priority matter and the committee is required to appoint a special prosecutor within 30 days of receipt of the complaint.
  5. The special prosecutor is required, within 10 days of appointment to:
    1. state his prosecutorial activities, and
    2. notify the complaining citizen or resident alien of his appointment
  6. Upon completion of his investigation, not to exceed 60 calendar days, the special prosecutor shall move the Grand Jury for an indictment, or may proceed on an information.
  7. The judicial officer so charged shall not be tried within the court in which he presides.
  8. The clerk of the court of record, upon receipt of said indictment or information, shall expedite the scheduling of this action as a priority matter.
  9. Punishment - Citizen being damage shall have the right after conviction of this law to rehear there cases and judges  who do not comform or reduce to writing all decision  such citizen shall cause a complaint and having two such complaints file  no matter what the decision  complaints shall be filed with JNC ,   the judges  shall be  ask to set down intill such hearing without pay  and not hold any judgeship in the state of Massachusetts  within state jurisdiction  till a decision  thereof ; and if found  to have cause  the judge will not be allowed to continue on the bench within the state of Massachusetts