Comments on: Jerry Brown & the Attack of the “Judgeocracy.” http://witnessla.com/prison/2008/admin/jerry-brown-the-attack-of-the-judgeocracy/ street news, views and stories of justice and injustice Sun, 12 Feb 2012 04:08:51 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: WBC http://witnessla.com/prison/2008/admin/jerry-brown-the-attack-of-the-judgeocracy/comment-page-1/#comment-29599 WBC Wed, 20 Aug 2008 08:27:26 +0000 http://witnessla.com/prison/2008/admin/jerry-brown-the-attack-of-the-judgeocracy/#comment-29599 Today's Daily News (from their news wire service, so can't blame them totally for this huge mixup in non-copy editing) is headlined "County Supes Push" for implementing the state drug rehab initiative (Prop 5) giving those convicted of non-violent drug offenses, rehab time instead. However, the text of the article says they oppose this as too expensive --Baca is quoted saying that it would cost the state an extra almost $500k/year, NOT save a billion/year as proponents claim. Can't make sense of it beyond that (what happens when so much editorial staff is laid off) -- but what authority do the County Supes have to overrule a voter-approved state measure like this, let alone a court order? How does this tie into the mandate to spend $8 billion more that Arnold's fighting -- is that the total for all counties in Calif.? Can Arnold just pass the buck to other counties like LA, and let them oppose implementing it? Today’s Daily News (from their news wire service, so can’t blame them totally for this huge mixup in non-copy editing) is headlined “County Supes Push” for implementing the state drug rehab initiative (Prop 5) giving those convicted of non-violent drug offenses, rehab time instead. However, the text of the article says they oppose this as too expensive –Baca is quoted saying that it would cost the state an extra almost $500k/year, NOT save a billion/year as proponents claim.

Can’t make sense of it beyond that (what happens when so much editorial staff is laid off) — but what authority do the County Supes have to overrule a voter-approved state measure like this, let alone a court order? How does this tie into the mandate to spend $8 billion more that Arnold’s fighting — is that the total for all counties in Calif.? Can Arnold just pass the buck to other counties like LA, and let them oppose implementing it?

]]> By: Listener http://witnessla.com/prison/2008/admin/jerry-brown-the-attack-of-the-judgeocracy/comment-page-1/#comment-29305 Listener Tue, 19 Aug 2008 21:34:44 +0000 http://witnessla.com/prison/2008/admin/jerry-brown-the-attack-of-the-judgeocracy/#comment-29305 Celeste, I'd be real curious to see the dialog from this one: <blockquote><strong>WLA</strong>: Okay, one last question: If you were going to advise the Governor—and/or the legislature—as to how to fix the prison overcrowding mess, what would you advise? <strong>EGB</strong>: That’s going to require a little more thought than we have time for today.</blockquote> Naturally, we assume his advice will involve no blunt instruments. However, will it answer the <i>remedy</i> issue? Celeste,

I’d be real curious to see the dialog from this one:

WLA: Okay, one last question: If you were going to advise the Governor—and/or the legislature—as to how to fix the prison overcrowding mess, what would you advise?

EGB: That’s going to require a little more thought than we have time for today.

Naturally, we assume his advice will involve no blunt instruments. However, will it answer the remedy issue?

]]> By: Celeste Fremon http://witnessla.com/prison/2008/admin/jerry-brown-the-attack-of-the-judgeocracy/comment-page-1/#comment-29200 Celeste Fremon Tue, 19 Aug 2008 14:45:05 +0000 http://witnessla.com/prison/2008/admin/jerry-brown-the-attack-of-the-judgeocracy/#comment-29200 Okay, listener, next Brown interview I'm patching you in on a three-way. ;-) Okay, listener, next Brown interview I’m patching you in on a three-way. ;-)

]]> By: Woody http://witnessla.com/prison/2008/admin/jerry-brown-the-attack-of-the-judgeocracy/comment-page-1/#comment-29191 Woody Tue, 19 Aug 2008 14:28:05 +0000 http://witnessla.com/prison/2008/admin/jerry-brown-the-attack-of-the-judgeocracy/#comment-29191 BTW, good interview. BTW, good interview.

]]> By: Woody http://witnessla.com/prison/2008/admin/jerry-brown-the-attack-of-the-judgeocracy/comment-page-1/#comment-29190 Woody Tue, 19 Aug 2008 14:27:02 +0000 http://witnessla.com/prison/2008/admin/jerry-brown-the-attack-of-the-judgeocracy/#comment-29190 Unless kept in check, activist judges would see no limit on their power--including the power to tax and administer government. I like AG Brown's word of "judgeocracy." Justice Scalia calls it "rule by judicial fiat." I call it a "violation of a judge's oath of office." Judges enter areas and pass rules where they have no authority and have given themselves judicial immunity by twisting the Constitution to say what suits them. Technically, when they do that, they are <b><a href="http://www.caught.net/caught/crime.htm" rel="nofollow">committing treason</a></b>. It's time to hold them accountable and to resist their overstepping. - - - C: <i>To my layperson’s eyes there are two remedies....</i> Celeste, open your eyes and expand your thinking. Unless kept in check, activist judges would see no limit on their power–including the power to tax and administer government. I like AG Brown’s word of “judgeocracy.” Justice Scalia calls it “rule by judicial fiat.” I call it a “violation of a judge’s oath of office.” Judges enter areas and pass rules where they have no authority and have given themselves judicial immunity by twisting the Constitution to say what suits them. Technically, when they do that, they are committing treason. It’s time to hold them accountable and to resist their overstepping.

- – -

C: To my layperson’s eyes there are two remedies….
Celeste, open your eyes and expand your thinking.

]]> By: Listener http://witnessla.com/prison/2008/admin/jerry-brown-the-attack-of-the-judgeocracy/comment-page-1/#comment-29143 Listener Tue, 19 Aug 2008 11:28:51 +0000 http://witnessla.com/prison/2008/admin/jerry-brown-the-attack-of-the-judgeocracy/#comment-29143 <i>Edmund G. Brown Jr: Well, first of all, I’m the Governor’s lawyer.</i> Where have I heard that line before? Seems like it comes close to something Monica Goodling was reported to have said. Doesn't the CA AG have a broader responsibility than being the Governor's lawyer? From <a href="http://en.wikipedia.org/wiki/California_Attorney_General" rel="nofollow"><strong>Wikipedia</strong></a>: <blockquote>According to the state Constitution and the California Government Code, the Attorney General: <strong>(1) As the state’s chief law officer, ensures that the laws of the state are uniformly and adequately enforced.</strong> (2) Heads the Department of Justice, which is responsible for providing state legal services and support for local law enforcement. <strong>(3) Acts as the chief counsel in state litigation.</strong> (4) Oversees law enforcement agencies, including District Attorneys and Sheriffs.</blockquote> Now if we plug in this little 'violate the constitution' piece (<i>WLA: I understand. But, then again, bad traffic doesn’t violate the Constitution.</i>), then presumably, we're back to <i>EGB: Listen, both those things are under the control of the state legislature, which means they’re subject to the political pressures of the legislative process.</i> Around, and around it goes. I suppose as long as all prisoners are treated uniformly badly (1), then the AG has no responsibility in that area, and can default to the position of defending the Governor from being held to account wrt any constitutional violations (3)? <i>EGB: But bringing a bunch of lawsuits isn’t the way to solve anything. Look, the courts are a blunt instrument.</i> Well, the courts may be a blunt instrument, but that assertion doesn't answer the question as to how else folks are supposed to seek legal remedy for constitutional violations. [My kingdom for a <i>Preview</i> option.] Edmund G. Brown Jr: Well, first of all, I’m the Governor’s lawyer.

Where have I heard that line before? Seems like it comes close to something Monica Goodling was reported to have said. Doesn’t the CA AG have a broader responsibility than being the Governor’s lawyer?

From Wikipedia:

According to the state Constitution and the California Government Code, the Attorney General:

(1) As the state’s chief law officer, ensures that the laws of the state are uniformly and adequately enforced.
(2) Heads the Department of Justice, which is responsible for providing state legal services and support for local law enforcement.
(3) Acts as the chief counsel in state litigation.
(4) Oversees law enforcement agencies, including District Attorneys and Sheriffs.

Now if we plug in this little ‘violate the constitution’ piece (WLA: I understand. But, then again, bad traffic doesn’t violate the Constitution.), then presumably, we’re back to EGB: Listen, both those things are under the control of the state legislature, which means they’re subject to the political pressures of the legislative process.

Around, and around it goes.

I suppose as long as all prisoners are treated uniformly badly (1), then the AG has no responsibility in that area, and can default to the position of defending the Governor from being held to account wrt any constitutional violations (3)?

EGB: But bringing a bunch of lawsuits isn’t the way to solve anything. Look, the courts are a blunt instrument.

Well, the courts may be a blunt instrument, but that assertion doesn’t answer the question as to how else folks are supposed to seek legal remedy for constitutional violations.

[My kingdom for a Preview option.]

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