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The J.A.I.L Amendment

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?

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The J.A.I.L Amendment

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  1. The J.A.I.L Amendment A Different Kind of Accountability National Association for Court Management 2007 Summer Conference, Chicago Updated 05/21/07

  2. JAIL Amendment Organized Efforts in: • California • Florida • Indiana • Pennsylvania • Vermont • Tennessee • Alabama • Others? • South Dakota – on the 2006 ballot as Constitutional Amendment “E”

  3. 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

  4. 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

  5. JAIL Amendment South Dakota’s Approach“No on E” • State Bar Association’s lead • Relatively lower-profile efforts by judges and court officials

  6. 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]

  7. JAIL Amendment Possible Future Attempts • Advocates claim activity in all 50 states • Smaller media markets • Relatively easier public initiative laws

  8. 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

  9. 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

  10. JAIL Amendment Sponsors and advocate sites(content and web addresses change frequently) • www.Jail4judges.org, .net, .com • www.AmendmentE.com • www.FloridaJail4Judges.org

  11. JAIL Amendment What can you do? Some strategies… • Identify weaknesses & vulnerabilities • Expand public awareness • Outreach, responsiveness, openness • Change terminology • Partnerships with outside orgs & agencies

  12. JAIL Amendment ConclusionQ&AThanks for your time.

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