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WTPCS - Notice to Judges - Jury Implementation in Civil Courts - April 2019 (pdf)

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Juries in Common Law Courts

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Summary:

     NOTHING is preventing the Courts from furnishing you a Jury in Common Law Civil Courts, other than cost and expediency.

     Under the Constitution Article 3, the Government "SHALL" furnish Juries in "Criminal Courts". Your Right to a Jury in Common Law Court is "PRESERVED" by the 7th Amendment.  The Government is NOT REQUIRED to furnish a Jury in these Civil Courts. The Courts have the "discretion" to decline your request.  If so, the Courts forfeit their authority and the responsibility defaults to the People themselves, per last two words of the 10th Amendment.

     Your Right to a Jury is in the 7th amendment. Your right to bear arms is in the 2nd Amendment. Neither of these are addressed in Article 3 so the Courts are NOT required to furnish you either a firearm or a Jury in a Common Law court. In each case YOU have that Right, but NO JUDGE is compelled to furnish you either a gun, or a Jury in a civil court. It is YOUR responsibility to buy your own gun, hire your own lawyer, and to arrange your own jury, while preserving the due process rights of everyone.

Courts of Equity:

     It has been argued that we have no Juries in these courts because they are "Courts of Equity" which arise from British Common Law. This is correct except we have one thing the British do not have, "The Bill of Rights", which includes the 7th Amendment. We checked today and the 7th Amendmant was still there, so we are all in agreement that the 7th Amendment does exist.

     Equity means "Fairness" and Justice. US Family Courts have some 2,500,000 new cases each year. Thus the need for a streamlined judicial process. An obvious weakness of "Courts of Equity" is "Judicial Immunity", which results in the nearly total lack of accountability of our Government to the People. Alexander Hamilton wrote that the purpose of Juries is to prevent corruption and this is why the 7th Amendment exists.


Who is Supposed to do What?

 

    Again, there is NOTHING PREVENTING the Judiciary from providing Juries in these Courts and we agree they are not required to do so. By leaving this function undefined the Courts have forfeited their authority. Thus the authority and the rules of implementation default to the People and we will implement this portion of the Judicial process as we see fit per the 10th Amendment.

    In most States, the Chief Justice is free at any time to sign an administrative order creating rules to administer Juries in Common Law courts. If the Courts do not like the manner in which the People exercise their discretion to make these rules, then by all means, we would be happy for the Courts to provide these rights to the People using established mechanisms. Whatever happens, the People must have their rights under the 7th amendment "PRESERVED". The 7th Amendment exists. Any rules contrary to the 7th Amendment, such rules do not exist.

Rules Summary for Applying Juries (Traditional and ExPost Facto)

     Again, US Family Courts have 2,500,000 new cases per year. WTPCS will never offer Juries in the Courtroom for every case in all Jurisdictions. It's impossible. WTPCS will offer a trial jury using the traditional model when that is possible. The rest of the time the "Ex Post Facto" model will be available to all litigants that have 7th Amendment Rights. 

Rules for Applying Juries - Traditional model - Cumbersome, Expensive

 

    Existing court rules and Jury Instructions are mostly sound. WTPCS utililizes existing rules and Jury instructions with a few revisions seeking generic and transferable processes to most if not all 50 States. Widespread application in a short time period is deemed impractical but WTPCS will support this traditional model as able to do so.

Rules Summary (Ex Post Facto - after the fact)

     We seek simplicity and low cost and thus greater access to justice for all. If the Judge renders an order which is something close to justice in the minds of the People, then litigants and WTPCS are happy to accept the order and do NOTHING. Indeed, "most" judicial orders are recognized as just. There is no way to tell how many order are deemed "unjust" as no means of collecting  such data currently exists.

     If a litigant is convinced that justice was NOT DONE, that litigant may refer the matter for Jury review by retaining the services of WTPCS. After affording everyone due process, the Jury shall view and weigh the evidence and issue a verdict which MAY then be filed into the case record. The Jury may A) affirm the order of the Judge or B) direct the order be "stricken, rendered void and unenforceable" and advise the Court what the Jury believes would be an "equitable" order. The Jury is not allowed to otherwise change the order and is thus prevented from "making law".

     This Jury process imposes a key "check" on judicial power deemed essential by the Founders and the People who believe they have been victims of "INJUSTICE" by our Justice system. Our Courts can only function if the People have "confidence' that their Courts deliver Justice. Arbitrary and Capricious Abuse of Discretion is "Prejudicial to the Administration of Justice". The express purpose of the "Ex Post Facto" model is to DETER Abuse of Discretion by incentivizing Judges to render justice "in the first place", replacing the OPPOSITE incentives which currently exist.

     Currently, WTPCS encourages litigants to consider the Jury findings and negotiate a settlement to the case. This has proven quite successful thus far. The parties either take the agreed terms to the Judge to be lawfully enacted, or go off and live by the agreement they reached by themselves. In these ways many cases are successfully and equitably resolved and the Judge does not know WTPCS was even there.

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