Our First Amendment freedoms include the right to petition the
courts for redress of grievances. Thus, it is improper under our
state (and federal) constitutions for the government in any branch,
e.g., a grand jury, to restrict access to the courts to
”
pre-approved
”
lawsuits.
Dear Editor,
Our First Amendment freedoms include the right to petition the courts for redress of grievances. Thus, it is improper under our state (and federal) constitutions for the government in any branch, e.g., a grand jury, to restrict access to the courts to “pre-approved” lawsuits.
Article III, Sec. 3, of the California Constitution has been interpreted by the State Supreme Court to prohibit other branches of government from interfering with the jurisdiction of the judicial branch. Parker v. Riley and Bixby v. Piero.
The judicial function of our government is to declare the law and determine the rights of parties to a controversy before the court. Marin Water & Power Co. v. Railroad Commission. The entire judicial power of the state is vested in the courts. The Legislature may not give judicial powers to any other state board or tribunal. Dept. of Public works v. Superior Court. Executive or administrative officers cannot exercise or interfere with judicial powers. Boags v. Municipal Court. The Legislature may not condition judicial action on the approval of an executive officer. People v. Tenorio.
Therefore, a person’s First Amendment rights to utilize the courts may not be abridged by requiring approval of the action by a Grand Jury. I may disagree with what you say, or allege in a court, but I will defend unto death your right to say, or allege, it. Many lawsuits include causes of action for fraud, misrepresentation or deceit, or fraudulent transfer of assists, but it is up to the judicial branch to weed out the meritorious cases from those that are not. Caveat Viator.
Joseph P. Thompson, Tres Pinos
