The J'A'I'L Amendment

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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
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Organized Efforts in
JAIL Amendment

• California
• Florida
• Indiana
• Pennsylvania
• Vermont
• Tennessee
• Alabama
• Others?
• South Dakota on the 2006 ballot as
  Constitutional Amendment E

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What is J.A.I.L. 4 Judges?
JAIL Amendment

• In South Dakotas 2006 election

• Elimination of judicial immunity
• no public legal defense
• special grand jury
• 3-strikes provision

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The Special Grand Jury
JAIL Amendment

• South Dakotas 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

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South Dakotas ApproachNo on E
JAIL Amendment

• State Bar Associations lead
• Relatively lower-profile efforts by judges and
  court officials

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South Dakota State Bars Campaign
JAIL Amendment

• 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

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Possible Future Attempts
JAIL Amendment

• Advocates claim activity in all 50 states
• Smaller media markets
• Relatively easier public initiative laws

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Available Resources Nationally
JAIL Amendment

• History/Overview William Rafterys 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

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Available Resources SD
JAIL Amendment

• 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
• [phone], [phone]

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Sponsors and advocate sites(content and web
addresses change frequently)
JAIL Amendment

• www.Jail4judges.org, .net, .com
• www.AmendmentE.com
• www.FloridaJail4Judges.org

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JAIL Amendment
What can you do? Some strategies

• Identify weaknesses vulnerabilities
• Expand public awareness
• Outreach, responsiveness, openness
• Change terminology
• Partnerships with outside orgs agencies

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ConclusionQAThanks for your time.
JAIL Amendment