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Legal ReformAddendum

 

                                    PROPOSED LAWS

This page contains ideas for laws.  Redress, Inc. offers them for consideration.  Committees, through Redress,  Inc., would be charged with exploring these ideas.  Approved ideas would then be taken to the next level.  These ideas are currently being reviewed by a legal counsel for feasibility.  Please submit your comments along with the means to contact you, after reviewing them (Laws Feedback).

For information on the legislative process, see http://www.leg.state.nv.us/General/im_just_a_bill.htm.

CAMPAIGN SPENDING

Limit all campaign spending to $75,000/campaign to even the field and allow "lazy" voters the inability to vote merely on name recognition.  Also lessens the stress on candidates.  Also allows more candidates an equal chance at name recognition.  Eliminates the possibility of judges favoring attorneys who contributed significant amounts to their campaigns in order to influence judicial decisions. 

CONSTITUTIONALITY

All proposed laws must be reviewed by a committee of constitutional law attorneys outside of Nevada (no conflict of interest) prior to any attempt to impose.  This includes all proposed laws written by State Legislators, voters on initiative drives, etc.  This includes all laws be checked against State AND U.S. Constitution in the event State Constitution is not in compliance with U.S. Constitution.

All laws now in existence or proposed for existence must pass "readability test".  No more Latin terminology.  Our laws have become useless to us.  Our motions are considered inferior without the inclusion of such terms.  English is a perfectly good language and must be utilized.

CORRUPTION

Implement Nevada Anti-corruption Initiative Law.

Mandatory continuing education for all court personnel and cops on topics like civil rights, constitutionality, mental health, ethics and more.  While this may be costly initially, the likely reduction in lawsuits against the State would drop as a result of better educated personnel.  It would be important that the continuing education requirements mandate passing an exam at the end of each training, without which the CEU education is invalid.

All CLE's for attorneys require passing an exam about course content, or CLE's are rendered invalid.  CLE training should not be considered a social activity.  It's serious business.

Provably false allegation(s) made against a litigant, whether by their own attorney, opposing attorney or opposing party or the assigned judge becomes an act of  fraud requiring mandatory investigation by Attorney General AND seeking of imprisonment, fines or both.  Many have seen their court cases polluted with unsubstantiated allegations, which harm the cases.  This behavior tends to "snowball", until the harmed party is so overwhelmed just trying to set the record straight that they are unable to devote time to the actual cases.  This type of behavior must be treated as ethical violations against judges and attorneys.

Corruption charges against authorities to be set at higher penalties than against citizens.  While this appears to be unfair and disparate treatment, the authorities who knowingly indulge in corruption, makes it more of a criminal act than a lay person.  They must be held to higher standards.  If no discrimination exists within this "class" of individuals, discrimination does not exist. 

Violation of Oaths of Office for any elected official to be a criminal act as fraud, with mandatory jail time. 

Any sanction order overturned on appeal carries a sanction against the imposer of at least the amount which was attempted to be imposed or a mandatory financial minimum penalty of $5,000 (must be reviewed against due process rights).

Any charge against Discovery Commissioner of bias, prejudice, corruption shall immediately lead to another assignment of new Discovery Commission for the case involved.  Litigants must aware of their right to challenge the Discovery Commissioner's findings.

Mandatory recusals.  Any allegation of bias or prejudice will lead to court reassigning the case to another judge.  Any allegation of bias and prejudice requires mandatory investigation of Title 42 violations.  Judges are unable to police themselves.  Refusal to recuse adds to pre-existing bias, and litigants should NOT be forced into lifetime investigations of the judge demanded to recuse.

Perjury allegations to have mandatory investigation; all evidence mandatory review.  Proven perjury to hold mandatory jail time at all levels, including against citizens who testify in court, whether it is Family Court or District Court or Federal Court.  This would include perjury proven against attorneys in any filed motions.

Fraud allegations to have mandatory investigation; all evidence mandatory review. Proven Fraud to result in mandatory jail time, whether the fraud is extrinsic or intrinsic.

State Attorney General's office to set up a separate division for the use of investigation of allegations against authority personnel, to work with citizen complaints only.  Current system requires AG to "pick a side" to investigate.  The other side has nothing.  AG picks the side of authority, because valid charges result in lawsuits against the State.  This conflict of interest must end for the good of all.

USC Code, Misprision to Felon - must become State law to be more severe than the federal law.  If a party reports felonious acts to an authority, regardless of the level of authority, and the authority fails to act, it too becomes guilty of the felony.

Mandatory requirement to investigate allegations of wrong-doing by authorities.  All actions and documents, and reports are to be made immediately part of the public record.  Speaks to the issue of discretion, and the easy abuse of discretion by authorities.   We cannot allow unfettered discretion.  We must obtain specific justification for any discretionary decision.

Complete State Freedom of Information law.  No more withheld investigative information by State Bar, Judicial Council, Attorney General.  Entities that operate in secret are extremely liable to corruption.  Citizens have the right to know.  This mandates open hearings on all matters that affect or potentially may affect citizens.

Mandatory public release of all investigate reports by any regulatory authority on an annual and semi-annual basis.  Without this, citizens are unable to know which judges, lawyers, doctors, dentists and more may be avoided.  If investigation is on-going, publish those names and state so.  If investigation yields no negative results and the complainant doesn't challenge such results, publish it.

Discrimination by any court personnel up to and including judges against pro se litigants is punishable by jail time and fines.

Any case where an authority is found guilty of any form of corruption mandates that the charges assessed for the investigation and all court costs be assessed as a fine against the guilty party.

All complaints against law enforcement to be open to citizen's at all times.  Any punishments levied against law enforcement officers to be published for public's review.

Abuse of authority at all levels to be a felony with mandatory jail time. 

COURT SYSTEM

Limit all Nevada judges to two-year terms in an attempt to limit the amount of detrimental relationships able to be formed by unscrupulous judges.

No more use of Latin in any court setting, in any motion whatsoever; for such has rendered the court system not understandable to the average citizen.  The courts and lawyers through such action have assured abuse to the citizens.  The courts exist to serve the citizens, NOT the other way around.  Litigants should not be forced to learn a new (dead) language in order to have the right to prevail in our courts.

Mandate maximum limit of campaign funds.  Each candidate, if faced with the same maximum level of campaign funds, will level the playing fields.  People should not be elected based on "name recognition" if they are able to raise more money than their opponents.  Suggested limit $50,000/candidate.  This will also relieve campaign stresses related to money; this will also support a shorter term limits on judges who would be elected for two-year terms only.

Missouri passed a Contribution limits to state campaigns, which was was backed by the U.S. Supreme court, 5-4; Justices have said that unlimited contributions could give the appearance of corruption.  We need this law in Nevada.  See http://www.moago.org/012400.htm.

All family court judges must have background, education and training in child psychology to including understanding of Parental Alienation Syndrome as regards child sexual abuse, child abuse, pedophilia, and Parentectomy.

Legal Consumers Bill of Rights - http://www.halt.org/BOR/borhome.cfm.  This worthy organization is attempting to instill values on the legal system on behalf of the litigant.  Passing such an act into law and forcing authorities to abide by it will allow litigants a voice when they are harmed in our court systems or by attorneys.  Many feel that our State Bars and Judicial Councils are unable to perform the duty of protecting the consumer ("wolf guarding the hen house").

Courts must provide that litigants may provide their own recording equipment in every setting; that the court clerks or other personnel will not be allowed to provide recordings without litigant's opportunity by law to do the same. This will eliminate tape-tampering by court personnel.

Courts must provide tapes or transcripts of all proceedings at the expense of the court for hardship cases.

Courts unable to hold ANY litigation proceedings without witnesses; example, no litigant should be forced into a hearing whereby only the judge, the opposing counsel/party and the litigant are present.  Courts must allow litigants to bring witnesses to proceedings.  Litigants being forced into "secret proceedings" may decline to proceed without prejudicial treatment to their cases.

Mandatory jail time for any authority found guilty of any crime in the "commission" of their duties (corruption).

Mandatory six-month time limit for Nevada Supreme Court to hear motions, appeals, to make rulings.

Mandatory establishment of Nevada Court of Appeals.

Mandatory mental health training for all authorities, from court clerks, cops, up to judges.

Mandatory mental health screenings of all judges, to include candidates for judicial office, and to include yearly screenings after election/appointment and to include drug/alcohol screenings.  Also, "surprise" drug/alcohol screenings for any authority.

Mandatory reading room for litigants, as outlined in http://patriotcaucus.com/courts.htm.

Mandatory Court Facilitators; each court to have staff readily available to assist pro se litigants with court procedures, as has been set up in Washington State.

DISABILITY RIGHTS

State Law mandating court compliance with Federal ADA requirements (ADA Section 504) - assist with project, Senator McCain of Arizona.

Elimination of all statute of limitations for disabled individuals.  This includes inability to comply with "timely" motions and responses in cases of litigation, and applies to all citizens disabled through brain injury of any sort, or psychological maladies such as post-traumatic stress disorder or legal abuse syndrome.

ELECTION OF JUDGES

To end the debate regarding electing vs. appointing judges, an interesting concept is the "lottery" approach.  All attorneys in good standing would be selected by a "lot" process.  Each attorney would serve for two years.  Lessens the ability of the "good ole' boy network" to prosper.  Eliminates the possibility of attorneys influencing candidate-judges through the dollar amount of their campaign contributions.  Mandated minimum six-week attendance at National Judicial College prior to taking office; paid for by the state.

EMPLOYMENT LAW

"Right-to-work" language removed from all  levels of the state.  It's too easily abused by any/all employers.

LAWYERS

Mandatory Lawyer Malpractice Insurance, with policy limits set by law.  Lawyers who lose their malpractice insurance will not be allowed to maintain their law license in our state.

New law school graduates to be allowed three chances to pass the State Bar Exam.  Failure to do so will result in a ban on further attempts.  The state doesn't need any more bad lawyers.

Disallow any attorney to withdraw from any case without the express written permission of the litigant, except in cases where the attorney would be forced to break ethics in order to continue (admission of a crime which makes them accessory) or discovering provable conflict of interest.

Any attorney found guilty of violating the Professional Rules of Conduct becomes liable for all investigative costs.

CRIMINAL SETTINGS

Establish State Uniform Sentencing Laws, that judges may not impose their personal biases against convicted citizens at their whim.  Assessed on a "point system".  A person's future should not be based on the personal agenda of a judge, who is a mere human being.  Nor should any convicted citizen be forced to serve more time than another convicted citizen for the same crime.

Mandate that law enforcement must retain evidence as long as defendants are incarcerated or crimes remain unsolved.

 
 

WORKING TOGETHER TO ATTAIN FAIRNESS