Legislative Agenda Part 1 Austin Constitution Meetup Presentation by Jon Roland January 15, 2009

Plan of this presentation Alternate between federal and state reforms Reform categories  Appointment of judges  Assignment to cases  Grand juries  Trial juries  Qualification of lawyers Legal education Bar membership and discipline  Judicial rules legislation  Forms of pleading

Sortition for judges Appoint many more judges, but not to specific courts. Randomly assign judges to courts, cases. Randomly assign magistrates, clerks to courts, cases. Have judges and others research, write, teach, clerk, and represent indigent defendents pro bono when not hearing cases.

Expand U.S. Supreme Court Increase number to 28 (like 9 th Circuit). Have cases initially decided by randomly selected panels of 3, with appeal to randomly selected panels of 9, with appeal to an en banc panel of of 27 (with one serving as administrator). Require unanimous vote of multijudge panel to sustain a power of government against a claim by an individual challenging that power.

Grand Jury Reforms Select members randomly Size of 23, majority vote to decide Open to any citizen  Make it a crime, or create cause of action, if access is unreasonably impeded. Duty to decide whether court has jurisdiction Treat bill of indictment as appointment of prosecutor, which may be private citizen Duty to decide whether an official has acted within his jurisdiction, has official immunity

Trial Jury Reforms 1 No disclosure of panelist identities to parties during voir dire, hide them from view (but enable them to see), ask questions in writing only. Limit questions to matters of capacity or bias. Require oath or affirmation to uphold U.S. (and state) constitution, and provide copies. Random selection. All panels must be at least 12. Supervision of process by grand jury.

Trial Jury Reforms 2 In mixed cases of law and fact (including all criminal cases):  Suspend decisions on issue of law until all arguments concluded.  Do not impede right of either party to make arguments on issue of law to the jury, provide them copies of pleadings, law books, etc., except on motions in limine where arguments cannot be made without disclosing evidence properly excluded.  In criminal cases grant motions in limine only to defendants.

Extend right to jury to: Contempt of court Sanctions by judge Family court Probate court Bankruptcy court Permanent injunctions Competency hearings Any disablement of a right Writs of habeas corpus, quo warranto, etc.

Legal Education Certification of law schools by other than ABA, multiple certification authorities. Split legal profession into advocacy, compliance, teaching, and support. Have grand, trial juries rate lawyers and publish their ratings. Multiple qualifying exams by multiple examining bodies. Legal writing requirements.

Bar Membership and Discipline Repeal all state bar acts. Make it a crime to discriminate against those who have sued lawyers for malpractice. Remove power of judges to sanction lawyers without the consent of a jury. Create jurisdiction for grand juries to hear complaints against lawyers, issue presentments on their findings, authorize criminal prosecutions.

Judicial Rules 1 No deference to legislation, administrators. No presumption of constitutionality. No binding stare decisis. No avoidance of constitutional questions. Duty to resolve all issues. Unanimous decision of multijudge panel to sustain power of government over challenge by individual.

Judicial Rules 2 No requirement of jury to take oath to “follow the law as given by the judge”. Judge may only convey to jury his decisions on questions of law argued by litigants. If jury has questions about law, they should be answered by expert witnesses, subject to cross-examination and rebuttal, supported by certified copies of legal documentation. Allow juries to call their own witnesses on issues of law.

Forms of Pleading Revive writs of quo warranto, habeas corpus, procedendo, prohibito, mandamus, and certiorari as summons that can be filed by any person subject to the law. Establish that relief sought by such writs issues by default if hearing not conducted or proof made. Revive right of demurrer to challenge law or jurisdiction before entering plea.

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