Bell Transparency Act

 

Bell Transparency Act

_____th CONGRESS

______ Session

________________

A BILL


To amend title 28, United States Code, to provide for the detection and prevention of judicial misconduct. Providing for full powers of investigations, civil suit discovery and allowing citizens’ civil suits  to be filed against judicial officers of the Court – judges and law clerks, for a “finding” of wrongful conduct. Also to enable citizen suits against attorneys in their capacities as officers of the Court “during” a judicial process for damages, and to alleviate continuing damages when there is sufficient material facts in evidence of egregious “ongoing” wrongdoing by attorneys.

There are world wide web sites providing evidence of abuse to support that certain officers within the judicial system believe themselves to be above the law. It is time to pass laws to protect the Constitutional rights of citizens; holding judicial officers responsible, and mandating judicial transparency. The Bell Transparency Act of 2011 would enable citizens to file civil law suits against parties having committed wrongful acts, in a final effort to prevent inappropriate conduct in the Federal and State judiciaries. In accordance with the world wide documentation of complaints, clearly our judicial system is in need of a strict deterrent that will promote judicial responsibility.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

IN THE HOUSE OF REPRESENTATIVES

A BILL

To amend title 28, United States Code, to provide for the detection and prevention of judicial misconduct.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE

This Act may be cited as the ‘Bell Judicial Transparency and Ethics Act.

SECTION 2. CREATION OF A CAUSE OF ACTION FOR A “FINDING” OF MISCONDUCT OF  A JUDGE

(a) Action By Judicial Conference- Part 1 Chapter 16, Section 355 of title 28, United States Code shall be amended by adding at the end the following:

“(c) If a complaint is dismissed the Judicial Conference shall certify and transmit the    determination and the record of proceedings to the complainant for whatever action complainant considers to be necessary.”

(b) Review of Orders and Actions, No Judicial Review – Part I Chapter 16, Section 357(c) of title 28, United States Code, is stricken in its entirety, and replaced by the following:

All orders and determinations, including denials of petitions for review, shall be judicially reviewable on appeal by the complainants Federal District Court upon filing of a Petition for Finding of Misconduct of a Judge under Part 5 Chapter 16 of title 28, United States Code.

(c) Restrictions – Part 1 Chapter 16, Section 359 of title 28, United States Code shall be amended by adding at the end the following:

(c)  No judge whose conduct is the subject of an investigation under this chapter shall continue to serve as judge on any case wherein the complainant is a party. All proceedings wherein the complainant is a party and the judge whose conduct is the subject of an investigation under this chapter is the judge shall be stayed until a final order or determination has been made.

(d) Reimbursement of Expenses – Part 1 Chapter 16, Section 361, of title 28, United States Code shall be amended by adding at the end the following:

(b) Upon the request of  a complainant under this chapter, the judicial council may, if the complaint has been substantiated under section 354 (a)(1)(C), recommend that the Director of the Administrative Office of the United States Courts award reimbursement, from funds appropriated to the Federal judiciary, for those reasonable expenses, including attorneys’ fees, incurred by that complainant during the investigation, which would not have been incurred but for the requirements of this chapter. Upon an award of reimbursement the Director of the Administrative Office of the United States Courts shall require the judge whose conduct was the subject of the investigation to reimburse the Federal judiciary for all funds distributed to complainant.

(e) Particular Proceedings- Part 5 Chapter 16 of title 28, United States Code shall be amended by adding § 365 Proceedings for Finding of Misconduct of a Judge, so as to create a cause of action for a Finding of Misconduct of a Judge.

(f) Whistleblower protection – Part 1 Chapter 16 of title 28, United States Code shall be amended by adding at the end the following:

(a) In General- No officer, employee, agent, contractor or subcontractor in the Judicial Branch may discharge, demote, threaten, suspend, harass or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law or regulation, or misconduct, by a judge or any other employee in the Judicial Branch.

(b) Civil Action- An employee injured by a violation of subsection (a) may, in a civil action, obtain appropriate relief.’

(g) Particular Proceedings- Part 5 Chapter 16 of title 28, United States Code, Proceedings for Finding of Misconduct of a Judge shall be amended by adding:

(a) Proceedings for a Finding of Misconduct of a Judge under I Chapter 16, Section 357(c) of title 28, United States Code shall commence upon filing of a Petition for Finding of Misconduct of a Judge in Petitioner’s state or federal district Court and shall proceed pursuant to the Federal Rules of Civil Procedure, subject to section (b).

(b) Upon filing a Petition for a Finding of Misconduct of  Judge, Petitioner shall be granted the right to a jury trial.

(h) Clerical Amendment- The table of chapters for part I, Chapter 16, of title 28, United States Code, is amended by adding at the end the following new items:

§ 365. Proceedings for Finding of Misconduct of a Judge

§ 366. Whistleblower Protection

 

8/19/2011 VERY IMPORTANT TO ALL. The Purpose of this Act is for the detection and prevention of JUDICIAL MISCONDUCT. In particular: to provide a cause for a “Finding of Misconduct by a Judge” to allow staying a proceeding, “special” grand jury investigations and civil suit proceedings to promote Judicial Accountability. Currently Ms. Bell is amending this current version to eliminate any loopholes before presenting this to Legislature. NOTE After the final edition of this Act, Ms. Bell will be asking for your support of the Bell Transparency Act of 2011 by signing a petition. So be looking for this.

BELOW IS AN OUTLINE OF FURTHER SECTIONS THAT EVENTUALLY WILL BE INCLUDED IN THE BELL TRANSPARENCY ACT – THAT IS CURRENTLY UNDER REVISION.

TO AMEND TITLE 28, UNITED STATES CODE, TO PROVIDE FOR THE DETECTION AND PREVENTION OF JUDICIAL MISCONDUCT

Every citizen having violated any of societies’ laws is subject to a Grand Jury investigation. There is no reason why attorneys and judges violating societies’ laws should not be subject to a similar Special Grand Jury investigation. The self regulated Judicial System is broken beyond recognition (see attached Chief Judge Edith Jones speech to Harvard Law School – article). Visit the web in evidence of the present crisis.

Unlike the H.R. 5219 Bill – The Bell Transparency Act of 2011 offers a cost effective method of resolving our Judicial Crisis. In furtherance of the ability to implementing a fair complaint process to address judicial misconduct, the Bell Act will promote Judicial Transparency and Accountability and will serve as a deterrence while promoting honesty and integrity, limiting a self regulated system from the now broad powers.

In accordance of Article of Amendment V of The Bill of Rights “Protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215. For instance Grand Juries and the phrase “Due Process” both trace their origin to the Magna Carta. – Grand Juries have the power to deal with judicial and government wrongdoing through the power of Presentment.

AMENDMENT TO TITLE 28 UNITED STATES CODE – TO CREATE

SECTION 3. SPECIAL GRAND JURIES (CREATION)

(a)  The Bell Act will enact a Federal Government responsibility to mandate every city will impanel a Special Grand Jury that will “only” investigate complaints of misconduct and corruption occurring within the judicial system.

(b)  Defendants will not be present during a Special Grand Jury Investigation.

(c)   The Special Grand Jurors will not be selected by the District Attorney office or law enforcement or any judicial authority. Selection of jurors will be a random process and the jurors will serve for a six month period. *(Consideration of whether a Special Grand Jury might be totally confidential conducting investigations on the internet).

(d)  A citizens complaint will be hand carried to the Foreman of a Special Grand Jury. The complaint investigation will be subject to a mandatory deadline within a 30 day period of the complaint filing and preferably within 15 days of the complaint filing. The Foreman will provide written requests for additional information in any interest of justice directly to the citizen. At the conclusion of the investigation the Special Grand Jury will provide a written report on each alleged misconduct specified by the citizen’s written complaint.

(e)  The Special Grand Jury will hear both the federal – state complaints of judicial misconduct.

(f)  Paralegals will be allowed in the Special Grand Jury Investigation not to serve but to “assist” the complaining citizen during the process.

(g)  Special Grand Jury Findings or indictments will not be amended by the District Attorney, United States Attorney or any judicial officer.

(h) The judicial system will cease “policing” itself as is now self regulated.  All judicial complaints will be made public.

(i)  All Grand Jury findings and or indictments will be subject to media coverage and published in a national data bank established for the purpose of the tracking of misconduct to promote deterrence.

(j) There will be “no” prescription deadline for a citizen to file a complaint to the Special Grand Jury if allegations and evidence of corruption are involved with or without violation of criminal statutes.

SECTION 4 AMENDED – CIVIL PROCEDURES (CREATION)

(a)  All court transcripts will be submitted to pacer and all parties will have access to transcripts

(b)  All pro se litigants will be afforded the opportunity to file court documents electronically and have access to pacer documents. Pro Se Litigants may solicit assistance from the State Supreme Court if such a pro se task force is available.

(c)  Court Room Chamber meetings will no longer be allowed. All case communication will occur in the court room on the record and documented on court reported transcript.

(d)  If a jury trial has been requested the Court will not schedule any Status Conferences. Otherwise no Status Conference will ever deny a citizen Constitutional Rights, due process of law, Bill of Rights. The conference will be transcribed and recorded in pacer, else a citizen has a right to file a complaint with the Special Grand Jury. The Citizen will have the right to attend and participate in the status conference.

(e)  Judges may not enter summary judgment when a jury trial has been requested. A Judge may not ignore or change the rules of civil procedure or rewrite statutes of law. Only congress may write laws. Any attempt to do so will be subject to a complaint being filed and investigation.

(f)   All parties are mandated to recuse themselves when any conflict of interest is present, however if parties refuse to do so then any citizen may file a motion of recusal to remove any party from further participation in any proceeding with known conflicts and if necessary take the recusal process to the Special Grand Jury for an appropriate finding for recusal and removal.

(g)  During any civil litigation a citizen will be guaranteed full due process and full discovery opportunities. Complained of parties will be forthcoming with all information requested in interrogatories, (or be held in violation of rules of civil procedure). All requested documents will be provided without any deterrence or delays. No motions to quash or limine evidence will be allowed. If experts are required for a finding of negligence or malpractice the expert testimony will be provided. Under no circumstance will expert witnesses be denied.

(h)  Although well established that suits for Defamation, Libel and Slander have prohibited from filing until the conclusion of the case. A complainant will be allowed to file such a civil suit  together with a Special Motion of “Peremptory Exception” Continuance set aside until the conclusion of the case in an abundance of caution and both to preserve any prescription deadline and put the parties on notice in all effort to act as a deterrence of continuing misconduct and damages caused.

(i)  The Citizen will be allowed to access any Supreme Court pro se task force for assistance. A form will be provided to all citizens advising them of procedures available during the case.

(j)  The record in the proceeding shall contain every page of submitted documents and each will be scanned into pacer. Any missing page not scanned into pacer or any hidden exhibit or tape or record of any kind, will constitute an act of misconduct, conspiracy, obstruction of justice, denial of Constitution Rights and will be subject to Special Grand Jury investigation.

(k) The proceeding whereby the complaint arises will be stayed during the Special Grand Jury investigation and remained stayed until the subsequent conclusion and resolve of the complaint.

(l)  All complaints presented to the Special Grand Jury will be made public, all Special Grand Jury Findings and Indictments will be made public and recorded in a national data bank set up for the purpose of tracking and documenting corruption.

(m) This Bell Act Law applies to federal, state, county, and parish courts.

(n)  Attorneys, paralegals and government employees will not be allowed to serve on Special Grand Juries.

(o)  All Bar documents will be made public.

(p)  All attorneys and judges must pass a yearly competency exam on constitutional principles, particularly rights and reconfirm the oath taken for office.

(q)  The ongoing case (that is stayed during a complaint process) will be reassigned to a new bench if/when the judge is removed or there is any Special Grand Jury Finding of misconduct or indictment.

(r)  All indictments will be submitted as appropriate to either the Congress or State Legislature for impeachment process.  Should the citizen lodging the complaint and the judicial officer both concede to handle the Special Grand Jury finding or indictment charges by criminal or civil litigation – then a 12 person jury selection will ensue with either a criminal and civil trial.

(s)  The Judge overseeing the Special Grand Jury Civil Trial will abide by the letter of the law – or be subjected to a complaint filed before the same Special Grand Jury that provided the Finding or Indictments. The Citizen will be afforded “every” due process of the letter of the law, “every” the Rights afforded by the Constitution of the United States and The Bill of Rights.

(t) “Motion Practice” must be minimized. Judges must hold recorded conferences and allow attorneys and pro se parties to communicate important issues directly to judges.

(u)  Due Process and due respect will be afforded to all pro se litigants at all times. No process of law will be denied a pro se litigant without consequence. No citizen will be denied any course or cause of action allowed and protected by law. Any violation will be subject to complaint and Special Gran Jury Investigation.

SECTION 5 JUDGES–CLERKS–OTHER JUDICIAL OFFICIALS (CREATION)

(a)  A complaint for criminal conduct of a judge may be brought directly to the Special Grand Jury by providing under penalty of perjury: (1) an affidavit of criminal conduct together with exhibits of evidence to be hand delivered to the Special Grand Jury Foreman. Investigative grand juries may compel evidence and subpoena witnesses; may compel production of documents filed under seal; may inspect records, documents, correspondence, and books of any department, agency, board, bureau, commission, institution, or authority of the state or any of its political subdivisions; and may require the production of records, documents, correspondence, and books of any person, firm, or corporation which relate directly or indirectly to the subject of the investigation being conducted by the investigative grand jury. Each Special Grand Jury shall have exclusive power to retain non-governmental advisors, special prosecutors, and investigators, as needed, who shall serve no longer than one year, after which term said officers shall be ineligible.

(b)  Any testimony by any judicial officer of the court although entitled to assert the 5th amendment right during any impeachment or civil suit proceeding, there are consequences. The Supreme Court has held that “the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them.” Baxter v. Palmigiano, 425 U.S. 308, 318 (1976). “[A]s Mr. Justice Brandeis declared, speaking for a unanimous court in the Tod case, ‘Silence is often evidence of the most persuasive character.’ “Id. (quoting United States v Hale, 422 U.S. 171, 176 (1975)).

(c)  No immunity shall be extended any Judge in any state, if in violation of any professional conduct codes, cannons, oath of office, collusion, conspiracy, violation of laws of society.

(d)  No immunity shall be extended to any attorney, clerk, bankruptcy trustee, paralegal in any state if found to have violated any Rule of Professional conduct, or in violation of any criminal statute, written law, conspiracy, or collusion.

(e)  There shall be no requirement of a legal degree and legal experience for judicial “judge” positions in cities, counties, parish and states. The clerks will be required to have legal experience and a law degree and provide a bond for the professional services provided.

(f)   No Trustee or Trustees’ attorneys will be extended any immunity for acts in controvert to the laws of society or having violated rules of professional conduct, or violation of criminal statutes.

(g)  All acts performed by Clerks will be subject to the same Special Grand Jury Investigations.

(h) Each case before the courts will begin with an on start contract signed by the judicial officers and all parties (whether judges, clerks, attorneys, pro se litigant, paralegal) conceding all actions, pleadings and arguments occurring in the proceeding will be subject to perjury, misconduct, fraud, fraud misrepresentation, fraud upon the court, lies, deception, all rules of professional conduct, Judicial Rules and Canon Code and any violation of criminal statutes. Any violation will be subject to referral to The Special Grand Jury for investigation.

SECTION 6 – IMPEACHMENT  – SPECIAL CIRCUMSTANCES (CREATION):

(a)  Should the Special Grand Jury find probable cause of criminal conduct on the part of any judge against whom a complaint is docketed, it shall have the power to indict such judge except where double jeopardy attaches.

(b)  The Special Grand Jury Indictment finding of any State judge or other officer of the court will have the power to recommend to the State legislature the individual for an impeachment hearing.

(c)   The State Legislature will have a 30-60 day deadline to hold impeachment hearings and provide a ruling that will be made public. All determinations will be subjected to a higher standard.

(d)  The Special Grand Jury Indictment finding of any Federal judge or other officer of the court will have the power to recommend to the Congress the individual for an impeachment hearing.

(e)  The Congress will have a 30-60 day deadline to hold impeachment hearings and provide a ruling that will be made public. All determinations will be subjected to a higher standard.

SECTION 7 –  REMOVAL FROM OFFICE (CREATION OF SECTION):

(a)  Under special circumstances of a “preponderance” of evidence of corruption, fraud, collusion, intentional violation of due process of law, deliberate disregard of established uncontested material facts, using erroneous law, ignoring valid precedents, judicial acts without jurisdiction, blocking a lawful conclusion of a case, bias, violation of the oath taken for office, violations of any Constitutional rights and bill of Rights as well as any dishonesty. The Special Grand Jury may provide a recommendation to the congress to impeach the Judicial Officer, publicly reprimand, deny retirement, and the judge shall not thereafter serve in any government or judicial position or practice law.

(b)  Or; for indictments for leaser charges; The Special Grand Jury shall, without voir dire beyond personal relationship, cause to be impaneled twelve special trial jurors, plus alternates, which trial jurors shall be instructed that they have power to judge both law and fact. The Special Grand Jury shall also select a non-governmental special prosecutor and a judge with no more than four years on the bench from a county other than that of the defendant judge. The trial jury shall be selected from the same pool of jury candidates as any regular jury.  The special prosecutor shall thereafter prosecute the cause to a conclusion, having all the powers of any other prosecutor within this State. Upon conviction, the special trial jury shall have exclusive power of sentencing (limited to incarceration, fines and/or community service), which shall be derived by an average of the sentences of the trial jurors

(c)   No judge complained of or sued civilly shall be defended at the public’s expense, or be defended by an elected or appointed public counsel, nor shall any judge be reimbursed from public funds for any losses sustained under this law.

SECTION 8 – RESIGNATION FROM OFFICE (CREATION):

(a)  Given any Special Grand Jury Finding of corruption any Judicial Officer may resign from office. As such a public reprimand would ensue, lose of future retirement, and inability to ever run or hold any public office again and is prohibited from ever practicing law.

SECTION  9 – ATTORNEYS – (CREATION):

(a)  Any citizen’s complaint of any professional misconduct or criminal violations committed by any attorney or paralegal will be handled by a Special Grand Jury.  The association of attorneys (Bar Association – Office Disciplinary Counsel) will cease being the sole means of “policing” attorneys. The Special Grand Jury finding will be made public.  Any finding of criminal violations will result in a criminal trial by jury and any finding of misconduct will result in a civil trial by jury.

(b)  The Venue will automatically be removed to another location unless it poses a hardship on the complainant. Any judge presiding over Special Grand Jury cases will be under strict scrutiny and subject to “every” letter of the law. No evidence will be disallowed or hidden, no summary judgment will occur if a trial has been requested, no chamber meetings, no denial of any testimony. Both parties will be guaranteed due process of the laws of society and civil procedures.

SECTION 10 -JUDICIAL COMPLAINTS (CREATION)

The U.S. Court of Appeals for the Fifth Circuit Rules For Judicial Conduct and Judicial Disability Proceedings must be revised in order to promote against and control bias and disregard of legitimate complaints that have provided supporting evidence of abuse, misconduct and/or criminal acts.

The Rules for Judicial Conduct and Judicial Disability Proceedings should not allow for any complaint review process to issue a denial without a independent formal unbiased investigation process.

The Guideline and Laws must be revised so that a complainant must have the ability to appeal a denied Judicial Complaint directly to Congress when any denial ruling is  rendered without any independent investigation considering the material facts submitted together with the formal complaint. An appeal to Congress must be for an “automatic” formal independent unbiased investigation into abuse, criminal acts, misconduct considering all material facts submitted and or relevant,  so as to promote transparency, justice, accountability and the redress of injustice.

At present formal judicial complaints are subject to denial and dismissal even though undisputed published material facts are provided confirming support of the complaint of abuse, misconduct or felony criminal acts. It is only with revised laws and guidelines that a legitimate complainant will have the proper civil right recourse to seek unbiased justice, as there are presently no rules or laws in place to monitor the judicial complaint process to deter corruption or bias at every level within the judicial system.

SECTION 11 ELECTRONIC DEVICES IN THE COURTROOM  (CREATION)

An excellent way to perhaps begin to deter judicial abuse and overwhelming corruption, is to revise the laws and guidelines so that individuals are allowed to bring into court, cell telephones , recording devices, etc.  Why are our courts still allowed to hide or silence the truth?

 

ONGOING LISTING OF SUPPORTING DOCUMENTS TO BE PRESENTED TO CONGRESS

Judge Edith H. Jones speech before Harvard Law Students

Over (4o) Affidavits of victims suffering judicial abuse willing to testify before a Grand Jury

The http://breachedjustice.org a Web site that provides a decade long case of corruption

The Web is overwhelmed with documentation world wide of this crisis.

Breached Justice Face Book Fan page