This is bad, very, very bad. According to Wayne Hoffman with the Idaho Freedom Foundation: Court ruling a big blow for the Constitution

“The handmaidens of Big Government are the judges of the 9th U.S. Circuit Court of Appeals, of which Idaho is a part. Earlier this month, the court allowed [...]]]> …well at least some of them.

This is bad, very, very bad. According to Wayne Hoffman with the Idaho Freedom Foundation: Court ruling a big blow for the Constitution

“The handmaidens of Big Government are the judges of the 9th U.S. Circuit Court of Appeals, of which Idaho is a part. Earlier this month, the court allowed to stand a ruling that says police can surreptitiously attach a GPS device to your car, track your movements and monitor your activities — all without needing a search warrant.”

Here is the case filed August 12th, 2010. A few of the judges dissented viewing this as little kids playing on the street but they are the cops instead.

Excerpt:

 … this invasion of privacy was all because some folks saw these guys buy fertilizer at Home Depot. From Judge Reinhardt:

I concur in Chief Judge Kozinski’s dissent.I have served on this court for nearly three decades. I regret that over that time the courts have gradually but deliberatel yreduced the protections of the Fourth Amendment to the point at which it scarcely resembles the robust guarantor of our constitutional rights we knew when I joined the bench.

1-214.Assistance in formulation of rules. The Supreme Court is hereby authorized to appoint from among the district judges of Idaho and the members of the organized bar of [...]]]> I wrote this post awhile ago, Idaho Judicial Branch Violates State Statute? My main question concerns the formation of the Judicial Committees which are in direct conflict of this Idaho Statute:

1-214.Assistance in formulation of rules. The Supreme Court is hereby authorized to appoint from among the district judges of Idaho and the members of the organized bar of Idaho such persons as it deems advisable to assist it in the formulation of such rules.

From the Idaho Attorney General’s Office:

The question you have presented with regard to the Court’s rules raises a fairly significant Separation of Powers (Art. 2, Sec. 1, Idaho Constitution).  Although the legislature has indicated that the Court is authorized to appoint from among the bar and bench for purposes of its Rules committees, it is likely a power that the Court has absent any authorizing legislation.  It appears that the legislature recognizes the Court’s independent authority in this respect through Idaho Code sec. 1-212, which states: Rule-making power recognized. The inherent power of the Supreme Court to make rules governing procedure in all the courts of Idaho is hereby recognized and confirmed.

Meaning “ inherent power” to do whatever they (judiciary) want.  However, since they have gone beyond the statute and are now appointing the private sector to their committees (mostly their favorites to get the job done), it is important to note that any person can volunteer to be on the judiciary committees and lobby the judiciary their concerns or oppose others. Also, the meetings are open and we can attend and volunteer to serve on them. The judiciary is not subject to the OML – Open Meeting Laws.

Here is the Separation of Powers:

Section 1.Departments of government. 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 powers properly belonging to either of the others, except as in this constitution expressly directed or permitted

Just say’n – if we don’t get on some of those committees the Judiciary will continue to walk all over the Legislative and Executive Branch. The judiciary is now drafting and has stated that their chosen committees can draft laws. Then, at the same time they can ignore the laws they choose – the ones our Legislature and Executive branch have passed into law. They also suspend rules when it suits them if they don’t like the way lawyers are using them. They just form another committee to study the issue and get it tweaked the way they want it.   

I have been told that to provide any legislative oversight, we would need to have a constitutional amendment proposed and passed by two thirds of the legislature and a majority of voters and folks. It is doubtful that is going to happen. This is Idaho.

In the meantime, our Judiciary just ignores laws, drafts the ones they want, gets the ones passed that they want and all of this with no public input – only from the chosen ones on the committees. That is why we need to get interested in our Judiciary so we can have a say in some of the rules that affect our rights to due process.

Those who are interested in volunteering to serve on one of these committees should contact Patti Tobias, Director of the Idaho Courts (208) 334-2246, to assist in identifying those opportunities. The judiciary committee meetings are open to the public if you can find out when and what time they meet. Because if we don’t, we are screwed – not that we aren’t anyway.

Whatever happened to that equal protections under the law thing? Can I ignore the law? Oh, that’s right, this is Idaho. We can ignore the Constitution, too. That pesky Article I:

Section 2.Political power inherent in the people. All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform or abolish the same whenever they may deem it necessary; and no special privileges or immunities shall ever be granted that may not be altered, revoked, or repealed by the legislature.

P.S. I have been critiqued as followed:

An idea can be drafted into an RS (routing slip) which is the first step toward making a law. That RS must have a legislative sponsor to carry it to a hearing of the Germaine legislative committee in either the House or the Senate. If it meets the will of the committee, it is sent to print and assigned a bill number. Then, it is heard again, almost always in the same committee that printed it, where the public is invited to testify. If a majority of the committee members believe it is good, they will send it to the floor of the body, House or Senate, for consideration. If it passes that body, the same process beginning with a committee hearing with public input, starts on the other side. If it passes both bodies, it is sent to the Governor, who also considers public input, for his signature. To suggest that the judiciary has the authority to pass laws is incorrect and to suggest that the public cannot provide testimony on passage of an idea that starts in the judiciary is also not right.

My thoughts:  We need to be on these committees (judicial) because it is almost a guarantee that the judicary can pass whatever they want and ignore what the legislature passes. There is not enough public participation at the judicary committee level. They can pass surcharges that increases fees and they can draft rules that waive the Idaho Court Rules of Evidence.  The public may get a say at the Legislative level but it is not there for the court rules process. What legislative committee is going to say,”No” to the judiciary?

Here is my example. An order from the Judiciary. The judicary does not have confidential RSs to my knowledge.

Here is my point and reply from Senator John Goedde (R), Coeur d’ Alene, Idaho:

If you are on a judicial committee of if you are a private citizen with no judicial affiliation, you can ask a legislator to draft a bill which starts as an RS. You are right, an RS is the personal property of the legislator until it is approved for printing.  The order you provide a link to is not a statutory change but a change within the court system where the legislature has no oversight. 

Yes, he did! Wanna know why? Because he did his job and went after the crooks and doing this all along, knowing that it could hurt his career for going after his own kind! Now, that is what I call [...]]]> I know, it’s not everyday that our very own Attorney General gets an award for COURAGE!

Yes, he did! Wanna know why? Because he did his job and went after the crooks and doing this all along, knowing that it could hurt his career for going after his own kind! Now, that is what I call bravery!

You might remember when AG Wasden went out on a limb and prosecuted former Boise Mayor, Brent Coles for fraud. He really put his job at risk going after our leaders who steal from us! This act of courage handed down a withheld judgement to crooked and corrupt Mayor Coles. A real show stopper, I dare say.

This esteemed award has only been handed out four times and the last time was four years ago. To get it you have to do something really spectacular !

According to the Executive Director of the CWAG, Conference for Western Attorneys General, AG Wasden received this award for ““Placing himself in a position of political peril with his peers, in order to better the state of affairs for the people of Idaho and throughout the country.”

BTW, Attorney General Wasden is running uncontested. Not much political peril going on.

Yep, we have ourselves a real Lion King. Now, if he would just do something about all the voter fraud in Coeur d’Alene, Idaho not to mention the runaway spending at the hands of our very own LCDC – URA, maybe he could get another award? Don’t hold your breath.

photo credit of AG Lawrence Wasden: Idaho Reporter

Mandatory Drugging for Starving People In Idaho - Click for More Savage Cartoons

Just give it up, I mean really.  Idaho cannot even get caught up on their disability claims with Medicaid and now they are trying to infringe upon our privacy rights?  They can’t do it.  They might as well give that road up [...]]]>

Mandatory Drugging for Starving People In Idaho - Click for More Savage Cartoons

Just give it up, I mean really.  Idaho cannot even get caught up on their disability claims with Medicaid and now they are trying to infringe upon our privacy rights?  They can’t do it.  They might as well give that road up because they are going to miss the junction and spend our money going in circles if they don’t.

Nonini and Hart  from  North Idaho share the same committees with Wills, namely the Judicial committee and the Education committee and the Transporation commitee. If this bill EVER goes through, you know who helped and I just can’t imagine that they would be for this mandatory drug testing, anyway.

By Dustin Hurst, Idaho Reporter:

Health and Welfare says drug abuser study will have to wait a while longer

Boo Hoo!

Wills told lawmakers his plan is something they would be forced into doing, like it or not.  “We have to go down this road sometime,” said Wills.

FORCED? Did I just read FORCED?

Who is this guy anyway?  Additionally, Joyce Broadsword from District 2 (North Idaho)  who is Vice Chair to the Health and Welfare Committee, how does she stand on this issue? Targeting a population of needy people who are not on drugs in order to save money by catching  druggies is just plain paranoid.  What are you going to do with the druggies who can’t buy food?  If you don’t want anyone to have food stamps or public assistance, just dump the program.  BTW, how many illegal aliens is Idaho drug testing? Any food stamps going their way via the Idaho H&W?  In fact just dump Idaho Health and Welfare, they aren’t any good anyway. That will save us lots of money. Really, there is no reason to invade their/our or any potential recipients of food stamps (like sick people) of private bodily fluids. That will never fly. Who gets the kick back from this potential drug testing deal anyway?

According to Jay Howell with The Idaho Freedom Foundation, Immigration group says illegals in Idaho cost taxpayers $195 million.

How many illegal immigrants are there in Idaho and what is their cost to the Idaho taxpayer?  Experts say determining how many illegal aliens are currently residing in the state is difficult.  According to sources interviewed by the Idaho Freedom Foundation, those estimates range as low as 40,000 and as high as more than 100,000. And, according to the Federation of Americans for Immigration Reform (FAIR), the estimated cost to Idaho taxpayers, even if the number is as low as 40,000, is $195 million.

Can illegals still get food stamps and public assistance? Yes they CAN!

Do I have to be a citizen?

According to the U.S. Citizenship and Immigration Services, if you do NOT have a green card, members of your family who are eligible can use non-cash benefits, including Medicaid, Food Stamps, WIC, housing assistance, energy benefits, job training, child care, disaster relief, public health assistance, etc., without hurting your chances of getting a green card, becoming a U.S. citizen, or sponsoring relatives in the future.

Jay Howell, with the Idaho Freedom Foundation reports, “ Bieter [...]]]> Yes, it could happen, but I doubt it, at least not now. With the current elections lawsuit and the alledged possible corruption/malconduct , I doubt if our mayor would have the audacity to lobby for a city sales tax.  But you never know, those guys are just “rubber stampers.”

Jay Howell, with the Idaho Freedom Foundation reports, “ Bieter called on Gov. Butch Otter and the Legislature to give cities the power to invoke local-option sales taxes.”

Any legislator who even dares to cross that line – does not want to be reelected or simply has been offered something he cannot refuse. Other states are taxing water, pop, and candy.  So it turns into a compromise - tax this or tax that – you have a choice. 

The only choice is - NO MORE TAXES!

More here: Boise mayor lobbies for city sales tax

If this were not so serious, it would be funny.  You can’t call a Conflict Resolutions company to resolve a conflict – because the police will be dispatched to file a report against you in McCall, Idaho.

Conflict Resolutions LLC is a consulting service out of McCall, Idaho.

“We [...]]]>

Helen Myrick Vice President of Ethics in Idaho

If this were not so serious, it would be funny.  You can’t call a Conflict Resolutions company to resolve a conflict – because the police will be dispatched to file a report against you in McCall, Idaho.

Conflict Resolutions LLC is a consulting service out of McCall, Idaho.

“We provide services to City/County Goverment and law enforcement agencies where a problematic issue has risen to a critical stage. Solutions are derived by analysis of the problem, employee morale, leadership training, strategic planning and implementation to improve or correct the situation.”

Look at the staff here. 

Chief of Police Summers - McCall, Idaho and President of Conflict Resolutions LLC

Helen filed a complaint with the City of McCall, Idaho. (excerpt from email 04/08/10)

Cheif Summers said that he doesn’t want to discuss anything with me.  I further requested that we need to have a public discussion about this and include the council.  I asked that he explain to the public why he thinks this is alright.  He said do not call me again or you will be arrested.  He said, I will have you charged with telephone harrassment.  I said, you’ll abuse your power?.  He said, I will have you arrested.  I guess we all know who would be prosecuting the charge!  Good thing, too, I didn’t call him on a city number, and talk about the same issue or it would be and may still be a civil matter for the city to resolve.  You cannot have your Cheif of Police threatening the public that way.

Maybe a few more folks ought to do that so he can threaten them.   I am filing a personnel complaint herein for BessiJo to forward to Mr. Kirkpatrick.  I do not beleive the Cheif of Police should conduct private business with the prosecutor and then subsequently threaten citizens when they express concerns

But, the city does not see a problem.

Reply to Helen from the City of McCall – April 23rd, 2010

Helen –

I have discussed with Chief Summers the matter of your phone conversation with him on April 8. I have also reviewed the complaint which he filed with the Valley County Sheriff’s Department (attached). It is clear to me that Chief Summers did not threaten to arrest you, or abuse his authority in that conversation. Rather, he expressed his desire that you not call him on his personal number again, and told you that he would file a telephone harassment complaint if you called him on that number again. From both his account of that conversation with you, and my conversations with him, it is clear to me that he will speak with you during work hours, on a work phone, about work-related topics. His objection on April 8 was to your contacting him on his personal phone. That seems like a reasonable objection to me.

Please feel free to contact me if you have any other concerns. 

Lindley Kirkpatrick, AICP

City Manager

Unbelievable. Helen explains more in detail on her local conflicts of interest and ISSUES page here.

P.S.  You would think I would get a kickback/donation from Conflict Resolutions LLC  for my free advertizing, but I am sure that will not happen. Besides, it would be highly unethical. They should thank Helen, too! However, since I published this post CR – LLC  has updated their site. They still need to fix the first page though. Their staffers are computer experts – they claim. They also consult in the matter of Political Campaign Consulting!

In Coeur d’Alene, Idaho the latest development concerning CV-2009-0010010, Jim Brannon vs. City of Coeur d’Alene etal., Judge Simpson has voluntarily disqualified himself. Jim Brannon allegedly lost by 5 votes and now has pressed the lawsuit to examine the votes. The lawsuit is heated and is ripping the very [...]]]> Breaking story at OpenCdA.com 6:43 am, April 14, 2010

In Coeur d’Alene, Idaho the latest development concerning CV-2009-0010010, Jim Brannon vs. City of Coeur d’Alene etal., Judge Simpson has voluntarily disqualified himself. Jim Brannon allegedly lost by 5 votes and now has pressed the lawsuit to examine the votes. The lawsuit is heated and is ripping the very seams out of the community.

There are known ties to an alleged fraudulent vote that stems from Judge Simpson’s wife’s commercial business address and there is speculation into the conflicts that are seemingly apparent because his wife has also been appointed to and works within Idaho Supreme Court Committees, alongside of the Judicial Council. This is a clear cut example of how nepotism muddies the judicial waters. Any hint of impropriety is reason for the judge to disqualify himself in order to retain the trust of the people.

Additionally, Idaho Supreme Court Justice Burdick is running for reelection and sits on the same committee, the Wellness Committee, with Judge Simpson’s wife, which has oversight over all of the judges in Idaho. Spouses on these committees who sit as members with our Supreme Court Justices is an ethical conflict – at least in my eyes.

I am not certain why Judge Simpson actually disqualified himself, but I am glad he did, and it was the right move. I just wish he had done this earlier in the lawsuit.

Related posts:

Miscarriages of Voting in Coeur d’Alene, Idaho

Nepotism in the Courts

Voter Fraud in Coeur d’Alene,Idaho

Judge Simpson Will Remain On Case

Protect the Integrity of every vote

Area citizens are now joining this lawsuit in Coeur d’Alene, Idaho. Letter to the Editor of the CDAPress - Why Bill and Lisa McCrory have decided to protect their votes.

“After reviewing the poll books, absentee ballot reports, and other publicly-available material, we see irrefutable evidence that illegal voters were allowed, and even in some instances encouraged, to vote in the City election. Sloppy election administration and specific unlawful acts nullified our legal votes. We will not accept that.”