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I found two more supporters

As a follow-up to PP’s post about finding two South Dakotans who support the Judicial Accountability Initiative Law (J.A.I.L.), I wanted to note two other South Dakotans who support J.A.I.L., or at least two who have more than an initial for a first name (see BS’s response to Question 3).

Last October, Ron Branson, the founder of J.A.I.L., gave credit to Gene V. Lodermeier for a letter to the editor Lodermeier wrote supporting J.A.I.L. Branson said he intended to “look him up and give him our thanks and find out his knowledge and experiences with the courts.” And although the local J.A.I.L.ers cleaned their original web site after claiming to break with Branson, Lodermeier’s letter is still cited and linked there.

For those who may not know, Lodermeier has plenty of experience with the federal and state court system. He received a lengthy sentence in the South Dakota State Penitentiary, including time for being a “habitual offender.” In addition to appealing his conviction, Lodermeier filed a state habeas corpus action in which he raised 107 issues. At the time he was sentenced, Lodermeier had a 20-year criminal history and there was information that, among other things, he had been involved in his wife’s disappearance, was a suspect in the pipe-bombing of a police officer’s car and his history included “tampering with evidence, perjury, federal conviction, nascent plot to kill witnesses and past destruction of private property.”

More recently, Jail4Judges modified the front page of its web site to note, “Citizens of South Dakota have expressed outrage at the corruption they see in their state.” Clicking on the hyperlink for “expressed outrage” we find a letter to Branson expressing “Personal Support for J.A.I.L. Amendment.” The letter writer informs Branson he has had “several correspondences [sic] with Bill Stegmeier of tea, SD, regarding J.A.I.L. and the quest to complete a most successful win this November, (Amendment E)” and says he “will have made a big difference in the number of votes for Amendment E.” How is he making this difference?

I tell everyone every day to inform their friends and family to vote YES on the Amendment E. I have on my bulletin board every article published in the local newspapers referencing J.A.I.L. and the opposition to the same. I spend all my free time writing to the JUDGES and prosecutors about the movement and its necessity.

(Emphasis in original).

Who is this South Dakota supporter? Jim Lawrence, another inmate at the South Dakota State Penitentiary. And what does Lawrence see as his greatest selling point? “Imagine the publicity your organization could promulgate through the utilization of an inmate protesting his judicial misconduct while incarcerated.”

Yes, a couple of excellent poster children for J.A.I.L.: convicted felons who shouldn’t be on the street but think they should be.


Our characters are a result of our conduct.

Aristotle

Movie literacy

I saw a reference on kottke.org to an LA Times column in which film critic Jim Emerson listed 1030 movies a person should know, “at minimum, to be somewhat ‘movie-literate.'” I decided to see how “literate” I am. Movies I’ve seen are in bold, ones in my Netflix queue are underlined and those with no marking are ones I haven’t seen at least as far as I can recall. I figure seeing two-thirds of the films isn’t bad but I’m still not sure where that ranks on the literacy scale.

2001: A Space Odyssey
The 400 Blows
8 1/2
Aguirre, the Wrath of God
Alien

All About Eve
Annie Hall
Apocalypse Now
Bambi
The Battleship Potemkin
The Best Years of Our Lives
The Big Red One
The Bicycle Thief
The Big Sleep
Blade Runner
Blowup
Blue Velvet
Bonnie and Clyde

Breathless
Bringing Up Baby
Carrie
Casablanca
Un Chien Andalou
Children of Paradise / Les Enfants du Paradis
Chinatown
Citizen Kane
A Clockwork Orange
The Crying Game
The Day the Earth Stood Still

Days of Heaven
Dirty Harry
The Discreet Charm of the Bourgeoisie

Do the Right Thing
La Dolce Vita
Double Indemnity
Dr. Strangelove
Duck Soup
E.T. — The Extra-Terrestrial
Easy Rider
The Empire Strikes Back
The Exorcist
Fargo
Fight Club
Frankenstein

The General
The Godfather, The Godfather, Part II
Gone With the Wind
GoodFellas
The Graduate
Halloween
A Hard Day’s Night

Intolerance
It’s a Gift
It’s a Wonderful Life
Jaws

The Lady Eve
Lawrence of Arabia
M
Mad Max 2 / The Road Warrior
The Maltese Falcon
The Manchurian Candidate
Metropolis
Modern Times
Monty Python and the Holy Grail

Nashville
The Night of the Hunter
Night of the Living Dead
North by Northwest
Nosferatu
On the Waterfront

Once Upon a Time in the West
Out of the Past
Persona
Pink Flamingos
Psycho
Pulp Fiction
Rashomon
Rear Window
Rebel Without a Cause

Red River
Repulsion
The Rules of the Game
Scarface
The Scarlet Empress
Schindler’s List
The Searchers
The Seven Samurai
Singin’ in the Rain
Some Like It Hot
A Star Is Born
A Streetcar Named Desire
Sunset Boulevard
Taxi Driver
The Third Man

Tokyo Story
Touch of Evil
The Treasure of the Sierra Madre
Trouble in Paradise
Vertigo
West Side Story
The Wild Bunch
The Wizard of Oz


If a movie is described as a romantic comedy you can usually find me next door playing pinball.

George Carlin

Dicta and marginalia

Now that Blogger evidently has quit spasming, here’s a selection of various items I haven’t had time to post or, when I did, Blogger was being uncooperative:


Reading furnishes the mind only with materials of knowledge; it is thinking makes what we read ours.

John Locke, Of the Conduct of the Understanding

Demonstrating the danger of J.A.I.L.

It isn’t very often I disagree with PP when it comes to the Judicial Accountability Initiative Law (J.A.I.L.). Yet one area of disagreement arises from his recent post about finding two South Dakotans (at least two who have more than an initial for a first name) who support J.A.I.L.

PP concluded J.A.I.L. would not have “changed things or provided a remedy” in the court cases in which the supporters were involved. I don’t agree. In fact, I think those cases illustrate the broad scope and danger of the initiative.

In the Fred Bostick case, the trial court twice refused to issue what is known as a “certificate of probable cause.” A decision in a state habeas corpus proceeding cannot be appealed to the Supreme Court unless the trial court or a Supreme Court justice issues such a certificate. The Supreme Court ultimately issued certificates but limited to narrow issues, not all the claims made by Bostick. Despite the fact the Supreme Court agreed with part of the trial court’s refusal and ultimately ruled against Bostick, J.A.I.L. would give him more bites at the apple.

J.A.I.L. can be invoked by alleging the judge deliberately violated the law or federal or state constitution, intentionally violated due process, deliberately disregarded material facts or blocked the lawful conclusion of a case, “notwithstanding . . . any other contrary statute.” Bostick is free to file a J.A.I.L. complaint asserting that forcing him to ask the Supreme Court for a certificate of probable cause blocked the conclusion of his case because that term is defined as “[a]ny act that impedes the lawful conclusion of a case, to include unreasonable delay.” Likewise, he could allege that the trial court’s — and the Supreme Court’s — ruling was wrong because it amounted to deliberate violation of part of the constitution or violated his due process rights or was based on the court deliberately disregarding facts he thinks are material.

The same is true in the Jack Harriman case. Harriman appealed to the Supreme Court after the trial court relied upon something known as the statute of frauds to set aside a jury verdict in his favor in a contract action. The Supreme Court agreed with the trial judge. Yet the ad Harriman bought that appears in PP’s post specifically invokes the Seventh Amendment to the U.S. Constitution, which guarantees trial by jury. All Harriman need to is file a J.A.I.L. complaint asserting that by setting aside the jury verdict the trial court and Supreme Court essentially violated that constitutional provision.

Or consider the flip side of the coin. If the jury ruled against the plaintiff and that decision was upheld on appeal, the jurors could be brought before the J.A.I.L. special grand jury because under the law they could be “persons claiming to be shielded by judicial immunity.” I would wager that almost any losing party in a jury trial thinks the verdict could have been reached only if the jury deliberately disregarded material facts.

Here we have two cases in which trial court rulings were upheld by the state Supreme Court based upon applicable governing law and legal analysis. Despite that, displeased litigants can file a complaint under J.A.I.L. and have 13 persons selected at random sit in judgment of those rulings and the persons involved in them. All it takes is a $50 filing fee. Actually, you don’t even have to pay if you file a “confidential” declaration saying you can’t afford or “object to” the fee. How many people are going to pay a fee when all they have to do is say they object to it?

Moreover, “[a]ll allegations in the complaint shall be liberally construed in favor of the complainant” and the members of the special grand jury “are not to be swayed by artful presentation” by those against whom a complaint is filed. In fact, in the Harriman case, the special grand jury could allow him to sue the judge(s) despite the state law the courts relied upon because J.A.I.L. tells those jurors they can ignore “any other contrary statute.” Finally, even though the judges and other parties were acting as public servants, J.A.I.L. says they may not “be defended at public expense or by any elected or appointed public counsel.”

I’m sure proponents will say I’m just conjuring things on old cases where J.A.I.L. would never apply. Well, J.A.I.L. specifically states it applies “retroactively.” That means anyone who was a party to the thousands and thousands of civil and criminal cases filed in South Dakota over the last 40, 50 or 60 years can now use J.A.I.L. to chase after the the judges, attorneys or jurors.

Don’t doubt for a minute that J.A.I.L. stands for one and only one proposition: If you don’t like the result, sue the judge or jury under J.A.I.L.


Where there are laws, he who has not broken them need not tremble.

Vittorio Alfieri, Virginia

Well, it’s sort of a J.A.I.L.house award

I’ve previously talked about how hurt I was that PP got the nod from the South Dakota J.A.I.L.ers as their “most critical” blogger. I’m evidently moving up in the J.A.I.L. world — I think.

The comment about PP is gone. And while there’s still various references to us and bloggers, I get a whole paragraph on the J.A.I.L.ers new website to myself. Here’s what it says:

Of these, perhaps Tim Gebhart’s blog is the most boring. Granted, although boring isn’t illegal just yet; when we called Gebhart to complain about a profound lack of accuracy, he claimed he wasn’t a “journalist” and that his blogs were his opinion. Readers can expect to find opinions reflecting the wishes of his big business clients.

Ouch! Boring? But then, I know the truth can be boring. J.A.I.L. demonstrates that lies and misstatements make for far more interesting reading.

At first I was going ask J.A.I.L.’s “publicist,” Bonnie Russell, to retract three false statements about me on the site. (And I’m not even counting calling me or my blog “boring.” My wife and kids would probably agree with that.) But then I recalled a saying of one of my law partners that’s long been a favorite of mine: “I’ve been called worse by better.”

To see the J.A.I.L.ers devote so much time and resources to attacking bloggers like PP and me is actually rather gratifying. It shows they don’t dare or can’t risk talking about the real issues. It also reveals they can’t stand having people shine a light on the initiative and what it really says and means.

The quoted paragraph does at least accurately report at least one part of Russell’s phone call to me. I did say I wasn’t a journalist and that what appears on my blog is solely my opinion. Her fresh and creative response when I said I wasn’t a journalist? “Denial is more than a river in Egypt.” I guess that proved her point.

Speaking of that call, Russell has yet to respond to probably close to a dozen invitations from me (including several during that phone conversation) to point out specific factual inaccuracies in any of my J.A.I.L.-related posts. The lack of response isn’t surprising. When she called, I also asked her to identify specific instances in South Dakota that justified J.A.I.L. She couldn’t. That was more than a month ago and despite additional requests and even PP’s specific question (# 10) to Bill Stegmeier, we’re all still waiting.

No, I’m not offended by getting more play on J.A.I.L’s enemies list. To the contrary, I view the attack with such pride that for the first time ever I am allowing my last name to appear on this blog. (Not using it was simply to perhaps reduce the chances my partners and our associates and staff would be called to task for my personal opinions). It also tells me that the “boring” truth has those promoting the J.A.I.L. pestilence scurrying.


Boredom is rage spread thin.

Paul Tillich