Issues: Judicial Abuses @ Stanley for U.S. Senate 2002 Colorado

Many thanks to Linda Sanders for providing information about
documented cases of judicial abuses which have occurred right here in
Colorado. For more information about Linda, and her efforts to bring more
accountability to the Colorado judiciary, check out her web site at
http://harmlesserror1.tripod.com/updates.htm. You may also send
Linda a message at cmtv@concentric.net.

Our system of government is based on the strict separation of powers. The legislative branch is supposed to enact laws, and to repeal them when they are no longer necessary. The executive branch is supposed to enforce the laws. And the judicial branch is supposed to act to resolve disputes when they arise, and to interpret the laws when they are not perfectly clear.

This tripartite division of the powers of government is inherent in the structure of the federal Constitution. In Colorado state government, this separation is explicitly defined in Article III of the state constitution, which reads

The powers of the government of this state are divided into three distinct departments, -- the legislative, executive and judicial; and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any power properly belonging to either of the others, except as in this constitution expressly directed or permitted.

Unfortunately, this division of powers has been eroded by the natural tendency of judges to assume more and more authority over the people who appear before them. Add to that the doctrine of judicial immunity,* and it's easy to see why some judges act as if they were above the law. Because a judge cannot be prosecuted, even for flagrant misinterpretations of the laws, it's easy for lazy and incompetent judges to make up new laws as they go along.

The solution to this problem is simple. The doctrine of judicial immunity must be reformed. If a judge ignores the clear provisions of the statutory law, and harms a litigant in the process, that judge must be personally liable for the harm his misconduct has caused. In other words, judges must be personally responsible for the consequences of their own actions, just like everybody else is. They must not be allowed to assume legislative and executive powers by issuing dicta from the bench.

As a Libertarian, Rick Stanley believes in individual liberty, personal responsibility, and limited government. When he goes to Washington, he will introduce legislation to rein in abusive federal judges. Under Rick's plan, the victims of judicial abuse will be allowed to sue the bad judges personally.

* Judicial Immunity -- a legal doctrine which states that a judge is not answerable in civil court for damages he may cause to a person appearing before him when he is acting in his official capacity. To learn more about the broader doctrine of "official immunity," please click here.