From the desk of Francis Knize
General Assembly | Proposed Bill No. 6289 | ||||
January Session, 2007 | LCO No. 2823 | ||||
Referred to Committee on Judiciary | |||||
Introduced by: | |||||
REP. O'NEILL, 69th Dist. |
AN ACT CONCERNING TRANSPARENCY, ACCESSIBILITY AND ACCOUNTABILITY IN THE JUDICIAL BRANCH.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
That the general statutes be amended with respect to the Judicial Branch to establish mechanisms for the detection and prevention of (1) inappropriate judicial conduct, (2) illegal activity, (3) actions that undermine the judicial machinery, and (4) violations of the Judicial oath to support the United States and Connecticut Constitutions.
Statement of Purpose:
To allow for transparency, accessibility and accountability in the Judicial Branch. END
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INFO: Francis C. P. Knize: 50 Sunset Pass, Wilton, Ct. 06897 203 544 9603
STATE OF CONNECTICUT GENERAL ASSEMBLYGeneral Assembly Proposed Bill No. 6289
January Session, 2007 LCO No. 2823
Referred to Committee on Judiciary
Introduced by:
REP. O'NEILL, 69th Dist.
AN ACT CONCERNING TRANSPARENCY, ACCESSIBILITY AND ACCOUNTABILITY IN THE JUDICIAL BRANCH. (Modeled from Congress’ H.R. 5219)
Introduced by The House Judiciary Committee, authored by Francis C. P. Knize using recommendations from Rep. Christopher Shays, and Raised H.R 5219 at the U.S. Congress’ House Judiciary Committee.
An Act Concerning Judicial Transparency and Ethics Enhancement and Judicial Reform
Creation of a State Statute, to provide for the detection and prevention of inappropriate conduct, illegal activity, undermining of the judicial machinery, and violations of the Judicial Oath to support the U.S. and State Constitutions in the State Judiciary; while acknowledging the review standard of a public officer’s “Spirit of Restraint” to infringe upon a party’s fundamental rights.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Jan , 2007
Francis C. P. Knize, producer, using recommendations from Mr. Christopher Shays during an interview with him, introduces the following bill; which is now referred to the House Committee on the Judiciary.
A BILL
Creation of a new Statute to provide for the detection and prevention of inappropriate conduct and detection of fraud which does, or attempts to ... defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner, concerning the application in the Connecticut State judiciary.
Be it enacted by the Senate and House of Representatives of the State of Connecticut in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Connecticut Judicial Transparency and Ethics Enhancement Act of 2007'.
SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH.
(a) Creation and Duties-
`CHAPTER ___--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH
0001. Establishment.
0002. Appointment of Inspector General.
0003. Duties.
0004. Powers of the Inspector General and Assistant Inspector Generals
0005. Powers of the 12 member panel of the Grand Jury
0006. Reports.
0007. Whistleblower protection.
`Sec. 0001. Establishment
`There is established for the judicial branch of the State Government the Office of Inspector General for the Judicial Branch with powers to appoint a Grand Jury Panel (hereinafter in this chapter referred to as the `Office').
`Sec. 0002. Appointment of Inspector General
`The head of the Office shall be the Inspector General, who shall be appointed by a panel made up of at least 2/3rds non-lawyer/judge/ABA members after consultation with the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives. The Inspector General must have a history of having “clean hands”.
`Sec. 0003. Duties
`With respect to the Judicial Branch, the Office shall--
`(1) conduct investigations of matters pertaining to the Judicial Branch, including possible misconduct in office of judges and proceedings under Standards of both Ethics and Law, including powers to determine whether laws were broken, whether judicial discretion was abused, whether abuses were against Public Policy, including issues that may require oversight or other inappropriate actions {including fraud and malicious prosecution) within the State Judicial Branch.
`(2) conduct and supervise audits and investigations, including Abuse of Power, Fraud upon the court; illegal or inappropriate use of discretion.
`(3) prevent and detect waste, fraud, and abuse; and
`(4) recommend changes in laws or regulations governing the Judicial Branch.
(5) Appoint a 12 member Grand Jury Panel made up of two-thirds non- lawyer/judge/ABA members.
(6) Ensure that a complaint be set for trial within 60 days from entree of the complaint, new grand juries will be appointed as case flow becomes constrained. Assistant Inspector Generals can be appointed if the Inspector General finds he is overloaded to adjudicate all cases himself, where the Assistant Inspector General must then pass the findings and Judgment to the Inspector General for the Inspector General to exercise his duty of reporting and other administrative duties.
(7) Ensure all Office Members and jury members take an oath to support the State and Federal Constitutions before assuming their respective duties.
`Sec. 0004. Powers of the Inspector General and Assistant Inspector Generals
`In carrying out the duties of the Office, the Inspector General shall have the power--
`(1) to make investigations and reports;
`(2) to obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the course of business by the Judicial Conference of the United States, the judicial councils of circuits, the Administrative Office of the United States Courts, and the United States Sentencing Commission;
`(3) to require, by subpoena or otherwise, the attendance and testimony of such witnesses, and the production of such books, records, correspondence memoranda, papers, and documents, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by civil action;
`(4) to administer to or take from any person an oath, affirmation, or affidavit;
`(5) to employ such officers and employees, governing appointments in the competitive service, and the provisions State General Schedule pay rates;
`(6) to obtain services as authorized by Statute sec_______, at daily rates not to exceed the equivalent rate prescribed for like State employees ; and
`(7) to the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the duties of the Office.
(8) to appoint a 12 member Grand Jury Panel to hear all cases.
(9) to demand that finding(s), order(s) or judgment(s) in question from a judge so charged under this office be clarified as to state an authority of law for which the judgment should be based, in particular order(s) for denial or dismissal if no written finding was available.
(10) to instruct the jury to find upon the clarification as to its legality.
(11) to ensure that the parties under the judge had their claims and allegations addressed, and that the judge had ruled upon the facts of their pleadings.
(12) to ensure that probable causes are not defeated by a call for a judge’s right for judicial discretion, but rather discretion is always questioned for its legality and constitutionality.
``Sec. 0005. Powers of the 12 member panel of the Grand Jury
1) The Grand Jury shall be granted powers of jury nullification and have the right to take it upon themselves to judge the law as applied ethically and constitutionally by a judge as well as the facts in controversy surrounding a judge’s decision; under Amendment VI of the U.S. Constitution.
2) The Grand Jury shall be granted the power for impeachment of a Public Official, being a body authorized under the legislature.
3) The Grand Jury shall be granted power to suspend judicial immunity for acts where clear and convincing abuses of power, law, and harmful discretion occurred. Immunity. No immunity shall extend to any judge of this State for any deliberate violation of law, fraud or conspiracy, intentional violation of due process of law, deliberate disregard of material facts, judicial acts without jurisdiction, blocking of a lawful conclusion of a case, or any deliberate violation of the Constitutions of Connecticut or the United States, notwithstanding Common Law, or any other contrary statute.
4) The Grand Jury shall be granted powers to determine Fraud, as a species of deceit well settled in law as a court’s fraud upon the court as defined by KENNER; it “is fraud which does, or attempts to ... defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner” Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512,sec 60.23. Charges against a Judge for fraud must meet the level of "an intentional plan of deception designed to improperly influence the Court in its decision {and} has had such an effect on the court " to have changeable effect upon the outcome of the original judgment. 7 Moore's Federal Practice, 2d ed., p. 512, sec. 60.23. Fraud is to be determined as judicial misrepresentation which follows the well-settled 5 point test adapted to the rulings of a judge:1. a false misrepresentation of a past or present material fact or law; 2. knowledge by the public official making the false assertion that it is false or ignorance of the truth of the assertion; 3. an intention to induce the claimant to act or to justify the claimant to act; 4. the claimant must have been induced to act or justified in acting in reliance on the representation or ruling; and 5. the claimant must suffer damage proximately caused by the misrepresentation set within the the context of the ruling.
5) The Grand Jury shall be granted powers to determine fiduciary damages to the claimant, upon a finding of wrongdoing by a public official.
6) Initiative will also allow the Office to grant temporary immunity from arrest, prosecution, forfeiture or confiscation of property or the deprivation of rights and/or privileges except in cases of conviction for violent felonies involving actual injury to another person; or felony acts of fraud, theft or property damage exceeding $3,800, when the Office determines there is probable cause to believe that the penalties are the result of judicial misconduct or abuse of authority.
7) The Inspector General will also be empowered to consider and grant the writ of habeus corpus in the same manner as the Supreme and District courts.
Sec. 0006. Reports
`(a) When to Be Made- The Inspector General shall--
`(1) make a report to The General Assembly relating to the activities of the Office within 60 days of any judgment authorized under its office; and
`(2) make prompt reports to the The Judiciary Committee on matters that may require prompt or emergency action by them.
`(b) Sensitive Matter of National Security or of individual or corporate privacy - If a report contains sensitive matter, the Inspector General may so indicate by making a finding on the facts alleged for a sensitive matter and receive that report in closed session.
The burden is upon the Inspector General to prove lives are at stake concerning National Security Issues, or that disclosure to the public will severely harm a non-accused individual or Corporation. Findings of the Inspector General will be made public in all cases upon a verdict of guilty.
`(c) Duty to Inform Attorney General- In carrying out the duties of the Office, the Inspector General shall report expeditiously to the State’s Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal or State criminal law
`
Sec. 0007. Whistleblower protection `(a) In General- No officer, employee, agent, contractor or subcontractor in the Judicial Branch may discharge, demote, threaten, suspend, harass or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal or State law or regulation, or misconduct, by a judge or any other employee in the Judicial Branch, which may assist the Inspector General in the performance of duties under this chapter.
`(b) Civil Action- An employee injured by a violation of subsection (a) may, in a civil action, obtain appropriate relief.'.
(c) Clerical Amendment- The table of chapters for part ____ of the C.G.S , is amended by adding at the end the following new item:
Title____; Inspector General for the Judicial Branch.
Statement of Purpose:
To adopt certain recommendations put forth by the model of H.R. 5219 at Congress on Judicial Reform with respect to the transparency, accessibility and accountability of the Judicial Branch.
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[click here] for:
Divorced Wilton (Connecticut) father struggling to change system
Francis Knize/photo matthew vinci
[more]
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When Moral Outrage turns to Action
http://www.no-wackileaks.com/
One man stands up against foreign occupation, a corrupt court system, and demands government act as advertised. Let's see to it that this true patriot isn't hung for his moral outrage turned to action.
The Stamford Advocate photo above, has a story with it [here]. Michael Nowacki whacks a bee hive with a stick in Connecticut. Just one sting from one of the bees means serious physical trauma, being murdered, or being locked up in prison or mental hospital in Connecticut for life.
He is exposing fraudulent accounting practices in the Catholic Church, a possible major bribery scandal which could tarnish the new Connecticut Governor's reputation, how UBS might be running town halls, the police, and the courts.
Why would in divorce cases in Connecticut, the litigants aren't required to disclose foreign bank accounts and investments because USB has exerted control on lawyers running the legislature, judges, the Connecticut State, city, and town governments, and the policing of the state? Is USB making government an organized crime racket?
Mr. Nowacki is a former CBS executive. He could tell us stuff about the 2000 US Presidential election and why there was such a mess in Florida. One voting/polling firm who gave "pool" information to all the networks is probably key people who are mostly responsible for the whole mess. The mainstream media doesn't out their own. Mike is gagged from disclosing the truth about that. He hints at quite a bit during the longer version of the below video.
Mike is facing at least 5 years in prison next court date in March for inadvertently sending an email to the wrong recipient, his ex-wife. Taking his associate, Francis C. P. Knize, with him to see US Homeland Security about his plight, probably kept him out of life in a mental hospital. This is the first known instance that this author has something positive to say about DHS Department of Homeland Security. America would not be in the financial, judicial, and legislative chaos, America has become, if there were more Mikes in America. I am glad there is at least one American like him. A longer version of the below interview, and a link to Mike Nowack's No-Wackileaks.com [click here].
Does Foreign Bank run Government, Courts, and Police?
Text with video:
This is Michael Nowacki
Swiss Bank UBS, the Catholic Church in Connecticut, Corrupt Judges and Politicians
may think Mike is very dangerous person, being allowed to speak.
Judges want him silenced, in prison, in a mental hospital,
and probably wish he suffers a horrific death.
Is UBS, a foreign bank, calling the shots in US town
governments, in the courts, and do police break laws for UBS?
Were two of the Connecticut Governor’s top legal aids bribed
in the hundreds of thousands of dollars by the Catholic Church and others?
Please check out longer version of the interview for answers.
Check judicialmisconduct.blogspot.com in text with video.
Mike is a former CBS executive. He knows stories, yet
untold, about the US 2000 election debacle.
Interview conducted by Steven G. Erickson
Should US Government and Courts be for the people, or
against the people?
Should the Catholic Church, foreign banks, and corporations
put citizens on US secret police target lists?
“Our” elected officials push the NDAA, SOPA, PIPA, and ACTA
Jail should be for corrupt judges, politicians, police
officers, and their criminal banking and corporate friends.
We need more Mikes. Feb. 1, 2012
Mike exposes what is wrong with the US, the courts, and
unrepresentative government
Check link with video
Stamford, Darien, New Canaan, Wilton, Hartford, Greenwich, Connecticut, State, Police, scandal, brutality, retaliation, high school, gag order, prison, arrest
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stevengerickson At yahoo Dot Com
What I am doing, scroll down in post:
http://thesrv.blogspot.com/2012/01/acta-obama-and-international-protest.html
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