Informed
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INFORMED CITIZENS
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NOTE: This is an evolving process. These initiatives will be amended ,and added to, based on input from Citizens of Texas, and as the 2009 regular session of our Legislature progresses. Write to info@informed.org with your comments on these and your suggestions for revisions to the Laws that govern the government on our Land, to protect and serve the people of Texas.
Our overall OBJECTIVE this session is to
make progress towards
Restoring THE RULE OF LAW on our
Land of Texas
by daily, full time, contact with
Legislators and their Staff.
We have a
INTEGRITY CRISIS in Texas
and in our United States.
Please read this Letter - INTEGRITY CRISIS
- from us to every Citizen of Texas
SOME OF OUR LETTERS SEEKING BILL SPONSORS FOR:
For Attorney employed at Public Expense Accountability
Restitution for Wrongful Imprisonment Act
PRIORITIES for this session:
The safety of the public is threatened whenever government (AKA "THE STATE") by and through its Actors commonly referred to as public servants, are free to violate the Law with impunity. Therefore; we have resolved to make the addressing the Integrity Crises the first priority.
Our next priority is to impose the deterrent to crimes by public servants by addressing the failure of the STATE to honor our Texas Constitution's protection of the Citizen and their Right to Restitution for improper fines and improper imprisonment. A public is not safe when a when they are subject to wrongful imprisonment with impunity. What we are talking about here is the god-given rights of the Individual opposed by the godless communist that believe the STATE owns every citizen and all property of each citizen. The communist religion they subscribe to is based on the belief a citizen of the STATE is only free to have property until the STATE, by and through its many actors, decides they want to take it, damage it, destroy it, impound or imprison it wrongfully, without providing any compensation to the victim.
A. The language “under such regulations and limitations as the Legislature may deem expedient” was not a part of the amendment presented to the Voters in the election in which this amendment was adopted. Therefore, it must be eliminated.
B. The word “may” will be changed to “shall”. The Legislature “shall” provide for immediate aid and expedient compensation to any individual who has been imprisoned by the State, or any government entity operating under the jurisdiction of the State of Texas, on accusation the individual committed a penal or civil offense for which it was later revealed the person is not guilty.
C. EVERY person employed at the expense of our public treasury is BOUND, by the supreme Law of our Land, to the spirit and intent, as well as the plain language, of the Constitution for our United States and for this State (our Land of Texas). Binding requires a Bond (aka, liability insurance, or proof of financial responsibility). It shall be the duty of the STATE to collect from the public servant(s) the STATE finds responsible, in whole or in part, for professional negligence (violations of law governing a licensed function) that directly or indirectly contributed to imposing upon a Citizen improper fines or wrongful imprisonment.
A. The presumption of innocence is restored upon relief from a conviction. Actual Innocence is presumed upon reversal with relief from conviction from any review of a conviction, including relief obtained by direct appeal.
B. Reversal with Remand for retrial of the criminal case is not relief from a conviction. Reversal with Rendering is relief from a conviction on the basis of actual innocence. The law, applicable at the time of the original criminal accusation, is also relevant and material to the finding of actual innocence. The right to protection from ex post facto criminal law is to be preserved as inviolate. The Law, well as the facts, is material to any consideration of whether or not the innocence of the petitioner is actual.
C. Funds are to be made available from whatever source for immediate payment upon administrative approval of an application or upon Final Judgment from the civil trial court finding actual innocence.
A. The Right to a speedy trial is essential to the preservation of Liberty and the establishment of Justice. Both the accuser believed by the State to be a victim, and the accused, are deprived of liberty and justice by delay of resolution or trial for the violation of a law providing penal penalties. Both the plaintiff and the defendant in courts with jurisdiction over non-criminal cases are deprived of Liberty and the establishment of Justice by delay of resolution or trial of the matter before the judicial department of our State of Texas.
B. The Office of Court Administration is to monitor the docket of every Trial Court and every Appellate Court of our State. The Office of Court Administration is to create Overflow Courts. The Office of Court Administration is given authority, and funding, for appointing qualified persons to operate the Overflow Court System. Causes assigned to the court with original jurisdiction, that have not been resolved within six (6) months, or such other time period established by the Legislature, are to be sent to an Overflow Court for examination into the cause for the delay. Cases sent to the Overflow Court are to be reviewed to look for cause to impose sanctions on the parties and their counsel for violations of the Rules of Court and Law governing the Conduct of Attorneys. Administrators of the Overflow Court system may impose fines for violations for abuse of process. Cases sent to the Overflow Court are to be examined to determine what the Administrator of the Courts in that District, and the Judicial Official to which the cause has been assigned, and the Staff of the Judicial Official, might do to improve the efficiency and effectiveness of the system of justice under their control or influence.
C. Cases not resolved within one year from filing are to again be reviewed and the Overflow Court Administration may then assign an appoint an Ancillary Judge to the Court of original jurisdiction to act as Presiding Judge over the causes assigned to them by the Judge elected to the Court.
D. A similar system is to be developed and administered by the Office of Court Administration to the Courts of Appeals for the State of Texas. A target of disposing of all causes before a Court of Appeals within one year of filing of the appeal, or petition, is the goal of the Overflow Court System.
The Proposed bill will provide that Abuse of Process is actionable against any licensed lawyer (Attorney or Law firm), by any person abused an Attorney who brings a frivolous claim, asserts, or controverts an issue with a frivolous argument. Frivolous will be stipulated in the law as a question of fact for determination by jury as the trier of fact.
A. Absent an invasion by a State foreign to the United States, or violent insurrection against the government entity known as THE STATE OF TEXAS, the incarceration rate of the population of people living on the Land of Texas will thereafter be capped by Amendment to our Texas Constitution to never exceed 500 per 100,000 people populating the land known as Texas.
B. The first step towards this reduction in the imprisonment population (includes prison inmates and those jailed by any government entity operating on this land under the jurisdiction of THE STATE OF TEXAS) is to segregate the imprisoned who are not citizens, born or naturalized, as a Citizen of the United States, from the imprisoned who are Citizens. The Attorney General shall do all within his authority to have the Federal Government assume jurisdiction over the imprisoned aliens and the costs to the taxpayers of our State for processing the causes in which aliens are involved in the Judicial Department of government for our land of Texas.
Informed
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