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The best way to describe the objective of South Dakota J.A.I.L. is to quote the Preamble of the Initiative, now being circulated to qualify for the November 2006 ballot:
"Preamble. We, the People of South Dakota, find that the doctrine of judicial immunity has the potential of being greatly abused; that when judges do abuse their power, the People are obliged - it is their duty - to correct that injury, for the benefit of themselves and their posterity. In order to insure judicial accountability and domestic tranquility, we hereby amend our Constitution by adding these provisions as §28 to Article VI, which shall be known as "The J.A.I.L. Amendment."
In accordance with §26 of Article VI of the State Constitution, the People of South Dakota deem it appropriate to maintain the honesty and integrity of its judicial system, by having in place The J.A.I.L. Amendment for their future security against any potential abuse of judicial power.
J.A.I.L. will prevent such practices as secret defaults, ignored laws, ignored evidence, sophistry, confiscation of property without due process, involuntary assignment of do nothing probate lawyers that are unneeded, unwanted, and expensive, probate fraud, secret dockets, graft, falsifications of court records, and other abuses. Decisions in family court will be governed by law rather than the vested interests of the state. The unconstitutional doctrine of Judicial Immunity will be eliminated.
The passage of South Dakota J.A.I.L. will insure an honorable and accountable judiciary today and for future generations to come.
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