The Problem:
How do we train the interim judiciary officers to do their jobs so they can help train their elected replacements?
Facts & Assumptions:
- In order to be successful while working in the Judicial field, one must be able to read law, think in terms of legal logic, and have a grounding in historical common law precedents, such as Tort law (law of harm done to another outside of a contract).
This is a learned art form, a language that comes from years of study. - All states have their own rules of Court Procedures covering jurisdiction, evidence, trial processes, etc. Once we return to Common law, a great deal of those procedures will remain in place. It would be in our best interest to salvage those procedures. Current attorneys already hold that knowledge.
- The current Judicial system has legal software systems for research, codifying and recording of past and future cases. We need to salvage those systems along with those already proficient in running those systems.
New Clerk of Courts will be lost without them in preforming their duty to publish activity. - There are several areas of law that will not be impacted by or replaced by Common Law, such as Contract, Agency, Maritime as to sea, Probate, Bankruptcy, etc. These will need to be able to proceed smoothly as they are with some ajustments.
- It appears that all 1.3 million U.S. attorneys are now, or were, associated with a BAR association, as they are required to be in order to practice law. They all hold a three year PHD in law. This knowledge cannot be learned in just 3 to 6 months training.
- The 1848 Florida Constitution does not place Judicial Officer qualifications on them.
See Article V, Section 12 below because if there was a minimum standard, that is where it should be:
“Section 12. The Judges of the Circuit Courts, shall, at the first session of the General Assembly to be holden under this Constitution, be elected for the term of five years, and shall hold their offices for that term, unless sooner removed underthe provisions made in this Constitution for removal of Judges by address or impeachment; and at the expiration of five years, the Justices of the Supreme Court and the Judges of the Circuit Courts, shall be elected for the term of and during their good behavior; and for wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground for impeachment, the Governor shall remove any of them, on the address of two-thirds of each House of the General Assembly; provided, however, that the cause or causes shall be stated at length in such address, and entered on the journals of each House; and provided further, that the cause or causes shall be notified to the Judge so intended to be removed, and he shall be admitted to a hearing in his own defense, before any vote for such address shall pass; and in such cases, the vote shall be taken by yeas and nays, and entered on the journals of each House respectively. “
By contrast, below is Article V, Section 8 of the 1965 Florida Constitution:
“No person shall be eligible for office of justice or judge of any court unless the person is an elector of the state and resides in the territorial jurisdiction of the court. No justice or judge shall serve after attaining the age of seventy-five years except upon temporary assignment. No person is eligible for the office of justice of the supreme court or judge of a district court of appeal unless the person is, and has been for the preceding ten years, a member of the bar of Florida. No person is eligible for the office of circuit judge unless the person is, and has been for the preceding five years, a member of the bar of Florida. Unless otherwise provided by general law, no person is eligible for the office of county court judge unless the person is, and has been for the preceding five years, a member of the bar of Florida. Unless otherwise provided by general law, a person shall be eligible for election or appointment to the office of county court judge in a county having a population of 40,000 or less if the person is a member in good standing of the bar of Florida.”
- With 1.3 million careers at risk, surely the BAR associations are currently prepared to rename their organizations and terminate all connections to England and any other Foreign relationships, with members prepared to surrender their titles of “Esquire”.
See: Jim’s Rant below this Proposal. - It would be best if if public office holders trained in a corrupt system not be allowed to continue as office holders. It is simple if we outlaw anyone in public prior to 2024.
- The best recommendation for non-lawyer reading, as well as lawyer reading, is two Hornbook series on Common Law as well as Torts. These are “Black Letter” law based upon precedent, presented as a Restatement, or current law on the subject matter agreed to by all today.
- No matter who the new Judicial Officers are, they will have to train for 3 to 6 months at a minimum.
- All civilizations live and die by their legal systems. When a legal system stops, that civilization dies quickly. That is because with a legal system a person/business can take a risk because there is a predictable system to help predict the size of the risk to be taken.
- Recent history shows two countries that almost lost themselves during government change over. For nine years after the French Revolution all leaders that stepped forward were beheaded before the country finally settled down.
Then there was Pol Pot who became dictator of Cambodia in 1976. He was determined that educated persons led the country astray and so all that could read or wore glasses were executed. Pot genocided 1/3 of his own population and set his country back a hundred years in the process.
The Plan:
- Recognize that persons not trained in law cannot be good judges or law clerks. They just don’t have the basic training to perform well.
- The Interim Judicial officers can serve best by being spokespersons explaining the Common Law system we are heading into.
- The new Constitutions should set minimum qualifications for those positions. They must have legal training of some kind.
- Florida might consider former BAR attorneys that have resigned their title.
- If “D” above is acceptable then perhaps the Florida Constitution might add a clause stating:
“Current BAR members may not hold public office. However, members of any United States Professional legal associations currently not associated with foreign governments are eligible for public offices, unless they held a public Judicial office prior to 2024.”
Pros & Cons
Costs: Zero
Pros:
– This is a compromise that we can live with, perhaps must live with.
– This is facing reality. Without a functioning legal system most of society stops movement and progress.
– Trump says the economy will turn around immediately. He must see the legal system making a smooth transition to incorporate Common Law.
Cons: This may be repugnant to some.
