Each of the legislative bodies have specific responsibilities and authority. The states have been jealous of Federal power since 1776. Congress is limited to mandating legislation under the power of the US Constitution. Power reserved to the states must be regulated by the individual state legislatures.

Men who make their way to the bench sometimes exhibit vanity, irascibility, narrowness, arrogance and other weaknesses to which human flesh is heir. Most judges, however, recognize and respect courageous, forthright lawyerly conduct. Sacher v US, 343 US 1 at 6-12, (1951)

Oh Kings you owe your crown and writ to law, not nature's dispensation; while you stand high above the nation, the changeless law stands higher yet.
Puskin 1817

The principal of the sovereign no longer having the right to expect allegiance from the subjects is exemplified by the Huguenots in France during the 16th century, followed soon after by the Jesuits, who developed a very well supported biblical treatise on rebellion against unjust sovereigns.

judges are men, not disembodied spirits, who are blind to the political reality around them - Frankfurter J; cited in "the Role of the Supreme Court in a Democratic society, 54 Corn L Rev 1 at 11 (1968) Wright.

• The KENTUCKY STATE LEGISLATURE (38 state senators and 100 state members of the house) need to consider:

  The Kentucky Judicial Removal and Retirement Commission has been described as a toothless tiger. The KY Legislature needs to establish legislatively that the Commission has the duty and authority to examine acts of the Court of Appeals, as well as the elected Judges in the various Circuits and District Courts.
  The KY Legislature also needs to define the first and foremost duty of the Court of Appeals. This duty is to correct (or affirm) the state Circuit Courts, so that the law as written by the two law-giving bodies, the KY Supreme Court and the Legislature, is enforced on the many Circuits.
  The Court of Appeals should not exhaust itself and it's limited resources in nit-picking with litigants, because such wastes of time do not improve the quality of the applied law in the state.
  Time spent establishing some small clique of Lawyers "admitted" to practice law before the KY Court of Appeals" is time which is taken from the citizens of KY, who have a right to expect the Circuit Courts to be required to follow the one written KY Law.
  We must have a Government of Law and not a Government of Men, and when the Court of Appeals fails in ONE case to correct an errant Circuit Court, a Government of Men is allowed to proliferate by the very Court which must be mandated to never allow Government of MEN.

  The Kentucky Legislature needs to pass a clear law comparable to the recent Government Performance and Results Act which mandates "result-based management principles upon the Federal Government.

  • What is the [governmental entity/bureau/agency]'s mission?
  • How will the agency achieve it ?
  • How will [the people] measure performance ?
  Applying this set of management principles as a mandate to the KY Court of Appeals matches the mood of the national voting public as reflected by this new Congressional law.
  The voters have a right to expect production from our Court of Appeals. A state law will be one step toward accountability from a governmental entity which has defied accountability prior to the wisdom of Congress paving our way.

  ---

  Kentucky needs to encourage forestry production in the bluegrass region on unused acres.
  Kentucky needs a law to codify the common law principle that a good-faith improver of land has a vested right to own that same land and that the common law lien for the good-faith improvements protects the improver, dispite the old legal shield known as the "statute of frauds" which protects the landowner from foolish agreements concerning real estate.

  Opposing the "statute of frauds" is the well known California tort case of Kim Bassinger's refusal to allow a novice movie producer to use her name and star appeal to get his movie financing, which "verbal contract" (by proxy, never reduced to a signed document) was worth a $7,000,000.00 jury ruling for damages against the well known actress, resulting in her bankruptcy. The "statute of frauds" was enacted in the fifteenth century to prevent just such ruin of landowners by just such shady and ill conceived "quasi-agreements". The land in Kentucky has production potential which will never be realized unless the law protects the young improver.

• Colorado, Florida, & Montana have adopted paper-saving measures. These states have adopted two-sided printing laws for court pleadings, and they require recycled paper to be used. California, for example, has 116,000 lawyers. Each uses an average of 1 ton of paper per year, with 300 million sheets being filed in the state courts alone. Paper in California accounts for 35% of the 40 million tons of annual solid waste.
  There is an electronic revolution in progress today. KY has adopted the use of cameras in court to record all events, and we can adopt the latest technology in cases and filing also. Briefs filed on computer floppy discs, are :
  cheaper
  lighter weight
  and easier to read, as well as footnote, when the machine language is html, and the browser (read-only) is Netscape. Judges could read in large print fonts, and use easy-on-the-eye-colors. Encyclopedia Britannica has adopted NetScape as it's official browser, for exactly the same purpose as I suggest (amone others) for the Court system.

• The Judges need to be in the district to make a ruling in a case. The old KRS 23.150 mandated such visits to the actual county, but now that travel is so easy with air conditioning, superhighways, and high speed limits, the law requiring the judge to travel to the county has been allowed to expire.

• The Kentucky Judicial Removal and Retirement Commission needs to be defined in law by the legislature to furnish a state remedy for violations of federal constitutional rights. Federal jurisdiction attaches when a constitutional deprivation occurs and the state offers no remedy.

• The Local state legal news which may warrant a second look.

• A rough draft of the : The Congressional Bill to limit damage judgment and clearly define suits against state judges.

• The UNITED STATES CONGRESS may act in matters of general interest to the union in which the states are separately incompetent. Stern 47 Harv L Rev 1335 at 1337-1341 (1934).

  The American legislative process works to prevent the translation of popular wishes into governing rules. . . .The most formidable task usually is . . to organize the requisite support among dispersed powers so as to form a coalition for its passage. The relatively few laws that finally overcome the congressional obstacle course generally illustrate the national political branches operating at their majoritarian best. . .QUESTIONS

• Judicial Immunity Under the Constitution, Article IV allows Congress to prescribe the effects of judicial proceedings; and Article VI states that judges in every state are bound thereby. Thus Congress can legislate the manner for determining the edge of jurisdiction, without which a state judge cannot claim common law judicial immunity. Any judge who acts without authority should be liable for a tort suit in court. This topic is described in detail in the Strollin' Pettifogger article. See Strollin' Pettifoggers

• Freedom from censorship on the Net is a very big issue, said Freedom which I support. The construction of the US Constitution under the 1st Amendment is listed and linked here.

• Congress passed the "Taxpayer Bill of Rights" recently, allowing suit against the IRS (the US Treasury) and the guilty government employees, for injury up to $1,000,000. . . . The statute violation is defined as when a professional such as an attorney, or accountant exchanges his client's sensitive tax information to the IRS trying to gain a favorable resolution of his own tax fraud, the IRS may be sued.

• The national movement to pass Congressional legislation to limit the judiciary is listed here.

• Representative DeLay of Texas, who seems to be examining the jurisdiction (authority) of judges to create law in opposition to or in absence of legislative intent.

• under construction -