NancyLazaryan_Right to Petition

NancyLazaryan_Right to Petition

Saturday, April 17, 2010

Eliminating Your right to Vote4Judges MN_SF70_NancyLazaryan_Greg Wersal


-----Original Message-----
From: Nancy Lazaryan
To: nancy lazaryan
Sent: Fri, Apr 16, 2010 11:18 am
Subject: ELIMINATING your right to VOTE being considered by MN Legislature

ELIMINATING your right to VOTE being considered
by MN Legislature
St. Paul, Minnesota
April 16, 2010

Amidst all the flurry and noise about national health-care and the state budget
crisis,
an insidious bill has quietly worked its way through several committees
in the MN state legislature.

Eliminating your right to vote for your judges.

Have you noticed on the election ballot the vast majority of judges run unchallenged?
The reason for this is because the MN Supreme Court, without authority to do so,
created "rules" as to who can run for office, and what they can say in a campaign.

Almost a decade ago, one candidate for the MN Supreme Court, Greg Wersal,
challenged these rules. It took him eight years of battling in court, and finally,
the United States Supreme Court determined the MN Supreme Court's rules were unconstitutional.

After the U.S. Supreme Court decision, the MN Supreme Court rallied their friends
and
have been pushing for a bill that would ELIMINATE open elections for
the judges.
They have used fancy language, saying, "we will still have
elections, RETENTION elections".
The governor will appoint all the judges, and
if, after years deciding issues concerning the lives of people,
the people would
then decide whether to "keep" the judge.
A "committee" will evaluate the judge
and "recommend" to the people if they should vote to
"retain" the judge.

The committee will NOT evaluate if the judge followed the law and the constitutions,
but only issues such as the judge was "nice" or "on time".

IF THIS PASSES in the Legislature, there will be a question put on the ballot this fall.
The question will be if YOU want to CHANGE the Minnesota constitution.

BUT...they will NOT tell you the truth.
The "question" on
the ballot will be:
"Do you want to change the constitution "to reaffirm
the impartiality of the judiciary?"

The TRUTH is that if you vote YES...
we will be giving up our RIGHT to VOTE for our judges.
The governor will appoint his cronies.
The committee will never tell us if a judge violated the law.
And we will lose our ability to decide WHO will be our judges.

Below is an email I received from Greg Wersal, who testified at a MN Senate committee
hearing yesterday. He is running for the MN Supreme Court.

He asks the YOU contact the members on the committee and tell them to
STOP the bill.

If you think the RIGHT to VOTE is important,
please pick up the phone and call. Tell others. Post on blogs.


Nancy Lazaryan

--- On Fri, 4/16/10, Greg Wersal <gregwersal@hotmail.com> wrote:

From: Greg Wersal <gregwersal@hotmail.com>
To: "Nancy Lazaryan" <nancylazaryan@yahoo.com>
Date: Friday, April 16, 2010, 8:01 AM


Yesterday I attended the hearing on SF70 before the Senate Committee on Rules and Administration. The Chair, Sen. Larry Pogemiller, Sen. Gen Olson, were “concerned” by the testimony they heard -- concerned enough that instead of acting on the bill they set it over for a week to give the members time to think about it.

Here is what they are concerned about:

1. How judges are selected:

Jd. Susan Miles of the District Judges Association attacked the bill because it does not contain mandatory merit selection. She argued that the Governor will fill the judicial positions with his friends, not qualified people, let alone highly qualified people. She also noted that once the Gov appoints the appointee does not stand for a retention election for 3+ years in which she said, “they can do a lot of damage.”

I followed up her statements with my own saying the there is no check and balance on the Gov’s ability to appoint and that if the Gov had a weird political belief that would be reflected in the judges he chose and we need some kind of check and balance. I said that mandatory merit selection would function as a check and balance.

2. The lack of accountability for decisions:

I again argued that lines 8.28 - 8.30 of the bill which state that the judicial performance commission may not evaluate judicial performance “based on substantive legal issues or opinions subject to standard appellate processes” was dangerous and needed to be removed from the bill. I focussed mostly on the fact that sentencing in a criminal case is subject to appeal. I said that we have judges right now who routinely do not follow the state sentencing guidelines and were putting people on probation and back out onto the street that should go to jail according to the guidelines. I also note that an appeal by a prosecutor is not a solution because it can take months and in the mean time the criminal is out on the streets.
Pogemiller was concerned enough to ask the others if I was right in my interpretation of the language of the bill. I was given a second chance to speak and I pointed out that we could have a judge who repeatedly has his decisions overturned on appeal and that the commission on judicial performance could not take it into account. That is when Se. Gen Olson said she had problems with the bill.

I said they should eliminate lines 8.28- 8.30 from the bill and let the commission actually look at a judges decisions to determine the judge’s performance. The committee might do that.

3. The langauege that will appear on the ballot:

I was arguing against the language which will appear on the ballot -- specifically the word that say the bill is “to reaffirm the impartiality of the judiciary”. Pogemiller stopped me and asked “you mean the language is too presumptuous?’” (line 2.8 - 2.9 of the bill) He thought it was as well. The language will steer the voter to vote for the amendment because who doesn’t want an impartial judiciary. Gen Olson was also concerned that the language of a proposed constitutional amendment can tip the voters on way or another. The problem I pointed out is that if all judges are appointed by the Gov and there is no mandatory merit selection, them we will not get an impartial judiciary at all -- at least not a judiciary that is impartial towards the Gov and his concerns.

The members of the committee are as follows:

Chair:
Lawrence J. Pogemiller 651-296-7809
Vice Chair:
Tarryl L. Clark 651-296-6455
Ranking Minority Member:
David H. Senjem 651-296-3903 sen.david.senjem@senate.mn
Member:
Thomas M. Bakk 651-296-8881
Linda Berglin 651-296-4261
Richard J. Cohen 651-296-5931
Dennis R. Frederickson 651-296-8138 sen.dennis.frederickson@senate.mn
Keith Langseth 651-296-3205
James P. Metzen 651-296-4370 sen.jim.metzen@senate.mn
Gen Olson 651-296-1282 sen.gen.olson@senate.mn
WE need to make a concerted effort to contact these people and talk to them about the problems. I think we can change some minds.

I also believe that if we get the committee to eliminate lines 8.28 - 8.30, the judges will turn against the bill.

They do not need to hear from me. Many people think I am against this bill simply because I want to be elected. They have to be told that this bill as drafted is bad for Minnesota. And they need to hear from as many people as possible. Please sent this e-mail to others you know and encourage then to contact these Senators.

Greg Wersal
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Sunday, April 11, 2010

Nancy Lazaryan denied due process by Judge John VandeNorth,Justice Eric Magnuson,Edward Toussaint

Click here: http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=672539489
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Location : All MNCIS Sites - Case SearchHelp
Register of Actions
Case No. 62-T5-07-024818
The State of Minnesota vs. NANCY CAROL LAZARYAN, [112807]§
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Case Type:5th Degree Assault
Date Filed:11/29/2007
Location:Ramsey Criminal/Traffic/Petty Downtown
Judicial Officer:VanDeNorth, John B., Jr.
Party Information
Lead Attorneys
Defendant
LAZARYAN, NANCY CAROL
RICE, MN 56367
Female
12/18/1958		TSAI, EVAN CURTIS
Public Defender
Jurisdiction
State of Minnesota
JOHNSTON, HEIDI LYNN
Charge Information
Charges: LAZARYAN, NANCY CAROL
Statute
Level
Date
1. Assault-5th Degree-Misdemeanor609.224.1Misdemeanor11/28/2007
2. Disorderly Conduct609.72.1Misdemeanor11/28/2007
3. Trespass-Premises of Another-Refuse to Depart609.605.1(b)(3)Misdemeanor11/28/2007
Events & Orders of the Court
DISPOSITIONS
11/29/2007
Plea (Judicial Officer: Judge, Presiding)
1. Assault-5th Degree-Misdemeanor
Not guilty
11/29/2007
Plea (Judicial Officer: Judge, Presiding)
2. Disorderly Conduct
Not guilty
11/29/2007
Plea (Judicial Officer: Judge, Presiding)
3. Trespass-Premises of Another-Refuse to Depart
Not guilty
05/02/2008
Disposition (Judicial Officer: VanDeNorth, John B., Jr.)
1. Assault-5th Degree-Misdemeanor
Dismissed
2. Disorderly Conduct
Convicted
3. Trespass-Premises of Another-Refuse to Depart
Convicted
05/02/2008
Sentenced (Judicial Officer: VanDeNorth, John B., Jr.)
2. Disorderly Conduct
11/28/2007 (MSD) 609.72.1 (609721)

3. Trespass-Premises of Another-Refuse to Depart
11/28/2007 (MSD) 609.605.1(b)(3) (6096051b3)
Local Confinement:
Agency: Ramsey County Correctional Facility
Term: 90 Days
Time To Serve: 90 Days
Stay 0 Yr 0 Mo 0 Days For 1 Yr
Status: Active 05/02/2008
Probation - Adult:
Type: Supervised probation
Agency: Ramsey County Probation
Term of 1 Yr
05/02/2008 - 05/02/2009
Status: Active 05/02/2008
Fees - Adult: (Grand Total: $206.00)
Due 05/02/2008
Fine: $1,000.00
Fees: (Fees Total: $156.00)
Criminal Surcharge: $146.00
Law Library: $10.00
Stay of $950.00
Condition - Adult:
1. No same or similar, 05/02/2008, Active 05/02/2008
2. Remain law-abiding, 05/02/2008, Active 05/02/2008
3. No contact with victim(s), 05/02/2008, Active 05/02/2008
Comment: General Sentence
Service - Adult:
Type: Community work service
60 Hours For Indeterminate
Start: 05/02/2008
Status: Active 05/02/2008
OTHER EVENTS AND HEARINGS
11/29/2007FLD-Case Filed (Judicial Officer: Judge, Presiding )
11/29/2007ORD-Order (Judicial Officer: Judge, Presiding )
11/29/2007ORD-Order (Judicial Officer: Judge, Presiding )
11/29/2007ORD-Order (Judicial Officer: Administrative, Calendar )
11/29/2007Arraignment (8:30 AM) (Judicial Officer Dorn, Marybeth)
Result: Converted Activity Status Flag Occurred
11/29/2007Interim Condition for LAZARYAN, NANCY CAROL
- No contact with victim(s)
12/13/2007DOC-Document Filed (Judicial Officer: Judge, Presiding )
01/03/2008Pre-trial (1:30 PM) (Judicial Officer VanDeNorth, John B., Jr.)
Result: Converted Activity Status Flag Occurred
02/07/2008MTN-Motion Filed (Judicial Officer: Judge, Presiding )
02/08/2008DOC-Document Filed (Judicial Officer: Judge, Presiding )
02/14/2008CRS-Correspondence (Judicial Officer: Judge, Presiding )
02/14/2008DOC-Document Filed (Judicial Officer: Judge, Presiding )
02/20/2008DOC-Document Filed (Judicial Officer: Judge, Presiding )
02/20/2008MTN-Motion Filed (Judicial Officer: Judge, Presiding )
02/20/2008Motion Hearing (9:00 AM) (Judicial Officer VanDeNorth, John B., Jr.)
Result: Converted Activity Status Flag Occurred
02/21/2008DOC-Document Filed (Judicial Officer: Judge, Presiding )
02/21/2008DOC-Document Filed (Judicial Officer: Judge, Presiding )
02/21/2008Other Document
02/25/2008DOC-Document Filed (Judicial Officer: Judge, Presiding )
02/25/2008Hearing (9:00 AM) (Judicial Officer VanDeNorth, John B., Jr.)
Result: Converted Activity Status Flag Occurred
02/25/2008CANCELED Jury Trial (9:00 AM) (Judicial Officer VanDeNorth, John B., Jr.)
Other
03/10/2008Hearing (9:00 AM) (Judicial Officer VanDeNorth, John B., Jr.)
Result: Converted Activity Status Flag Occurred
03/10/2008CANCELED Jury Trial (9:00 AM) (Judicial Officer VanDeNorth, John B., Jr.)
Other
03/10/2008CANCELED Jury Trial (1:30 PM) (Judicial Officer VanDeNorth, John B., Jr.)
Other
03/12/2008CANCELED Jury Trial (9:00 AM) (Judicial Officer VanDeNorth, John B., Jr.)
Other
03/13/2008CANCELED Jury Trial (9:00 AM) (Judicial Officer VanDeNorth, John B., Jr.)
Other
04/14/2008Hearing (9:00 AM) (Judicial Officer VanDeNorth, John B., Jr.)
04/14/2008Reset by Court to 04/14/2008
Result: Held
04/14/2008Memorandum
04/14/2008Notice of Motion and Motion
04/14/2008Affidavit-Other
04/16/2008Hearing (9:00 AM) (Judicial Officer VanDeNorth, John B., Jr.)
04/15/2008Reset by Court to 04/16/2008
Result: Held
04/21/2008Other Document
04/21/2008Affidavit of Service
04/22/2008CANCELED Jury Trial (9:00 AM) (Judicial Officer VanDeNorth, John B., Jr.)
Other
04/22/2008Correspondence
04/22/2008Transcript
04/22/2008Transcript (Judicial Officer: VanDeNorth, John B., Jr. )
04/23/2008Motion Hearing (1:30 PM) (Judicial Officer Johnson, Gregg E.)
Result: Held
04/23/2008Motion (Judicial Officer: Johnson, Gregg E. )
04/24/2008Other Document
04/24/2008Affidavit of Service
04/28/2008Hearing (1:30 PM) (Judicial Officer VanDeNorth, John B., Jr.)
04/28/2008Reset by Court to 04/28/2008
Result: Held
04/28/2008Notice of Motion and Motion (Judicial Officer: VanDeNorth, John B., Jr. )
04/28/2008Other Document (Judicial Officer: VanDeNorth, John B., Jr. )
04/29/2008Jury Trial (9:00 AM) (Judicial Officer VanDeNorth, John B., Jr.)
Result: Held
04/30/2008Jury Trial (10:15 AM) (Judicial Officer VanDeNorth, John B., Jr.)
Result: Held
05/01/2008Jury Trial (9:00 AM) (Judicial Officer VanDeNorth, John B., Jr.)
Result: Held
05/02/2008Jury Trial (9:00 AM) (Judicial Officer VanDeNorth, John B., Jr.)
Result: Held
05/02/2008Order-Other (Judicial Officer: Johnson, Gregg E. )
05/02/2008Criminal Judgment and Warrant of Commitment (Judicial Officer: VanDeNorth, John B., Jr. )
05/02/2008Notice-Pay or Appear (Judicial Officer: VanDeNorth, John B., Jr. )
05/02/2008Jury Instructions Document (Judicial Officer: VanDeNorth, John B., Jr. )
05/02/2008Verdict (Judicial Officer: VanDeNorth, John B., Jr. )
05/02/2008Verdict (Judicial Officer: VanDeNorth, John B., Jr. )
05/02/2008No Contact Order (Judicial Officer: VanDeNorth, John B., Jr. )
05/05/2008Criminal History Disposition has been processed
05/06/2008Notice of Appeal
05/06/2008Affidavit for Proceeding In Forma Pauperis
05/09/2008Notice-Other
05/13/2008Notice of Motion and Motion
05/14/2008Order for Proceeding In Forma Pauperis (Judicial Officer: VanDeNorth, John B., Jr. )
05/19/2008Correspondence
06/02/2008Order-Other (Judicial Officer: Toussaint, Edward, Jr. )
06/05/2008Transcript
06/12/2008Order-Other (Judicial Officer: VanDeNorth, John B., Jr. )
06/16/2008Other Document
06/25/2008Correspondence
07/08/2008Correspondence
07/14/2008Other Document
07/14/2008Other Document
07/18/2008Order-Other (Judicial Officer: Johnson, Matthew Edwin )
07/29/2008Transcript
07/29/2008Transcript
07/29/2008Transcript
07/29/2008Transcript
08/04/2008Sent to Collections
08/04/2008Sent to Collections
08/05/2008Update sent to Collections
08/05/2008Update sent to Collections
09/23/2008Other Document
09/23/2008Affidavit of Service
10/08/2008Order-Other (Judicial Officer: Toussaint, Edward, Jr. )
11/18/2008Order-Other (Judicial Officer: Toussaint, Edward, Jr. )
12/04/2008Order-Other (Judicial Officer: Toussaint, Edward, Jr. )
12/24/2008Transcript
12/24/2008Transcript
01/09/2009Memorandum
01/09/2009Motion
01/09/2009Affidavit of Service
01/13/2009Transcript
01/13/2009Transcript
01/13/2009Transcript
01/13/2009Transcript
01/13/2009Transcript
01/13/2009Transcript
01/13/2009Transcript
01/14/2009Other Document
01/14/2009Affidavit of Service
01/21/2009Order Denying Motion (Judicial Officer: VanDeNorth, John B., Jr. )
01/22/2009Exhibit List
01/29/2009Order-Other (Judicial Officer: Toussaint, Edward, Jr. )
02/11/2009Update sent to Collections
02/11/2009Update sent to Collections
06/09/2009Request for Trial Court Record-Appellate Court
07/28/2009Publicly Viewable Note to File
10/28/2009Other Document
01/28/2010Order-Other (Judicial Officer: Magnuson,Eric J. , )
02/26/2010Appeal Denied
Financial Information
Defendant LAZARYAN, NANCY CAROL
Total Financial Assessment251.00
Total Payments and Credits0.00
Balance Due as of 04/11/2010251.00
05/02/2008Transaction Assessment206.00
08/04/2008Transaction Assessment45.00
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