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State of California June 8, 2010 Election
Smart Voter Political Philosophy for Mike Schmier

Candidate for
Attorney General; Democratic Party

This information is provided by the candidate


Instead of joing the many state attorney generals who recently filed suit against the new federal health care law, the California attorney general should join (instead of defending against) the lawsuit my brother Ken and I are now pursuing, as private attorney generals, like our earlier lawsuits, against the California Supreme Court and the California Judicial Council pending before the U.S. Court of Appeals for the Ninth Circuit - seeking to return the people's historical, constitutional, first amendment, free speech rights to use appellate opinions which are marked "not to be published" (over 90%), to defend and exonerate ourselves [#CV 09-02740 WHA (USDC No. Dist CA); (9th Cir).# 0917195;].

For example, seven unpublished opinions invalidating $500 "red light camera tickets" may not be used - or even mentioned - in California state courts, to defend against such fines and "points", even when the fines were clearly improper. This destroys precedent, and the rule of law. The attorney general's first constitutionally prescribed duty is to "see that the laws of the state are uniformly and adequately enforced." Equal enforcement can never be accomplished - or even approximated - when a defendant is not allowed to tell a court what the same court did the day before in a similar case, and ask for equal treatment. Equal rights requires the ability to use and mention all precedent.

The federal judiciary, under the leadership of now Chief Justice of the United States John Roberts, and now U.S. Supreme Court Justice Samuel Alito, returned and restored the people's traditional right to cite unpublished opinions in 2006, saying the rules prohibiting their citation were unjustifiable. The major states, like New York, Illinois, Texas, Michigan, Massachusetts, New Jersey among many others followed, except California.

Together, we need to ask: why won't the California Supreme Court return and restore the historical right of the people to exonerate and defend themselves? The judges are most often beyond practical accountability, even by the Legislature. Random, unpredictable opinions that fail to follow the law regularly devastate lives and property and human dignity. Horror stories abound. The warranty of good workmanship is stripped, and trust is destroyed with it.

Assemblymember Jared Huffman was invited by California Chief Justice Ronald George to send a letter asking about these "no-citation" rules ( Chief Justice George then refused to answer in writing the questions in the letter which he invited. The people deserve the California Chief Justice's written answers, or California must conform to the return of these rights now accorded in all federal courts - or else continue to limit the free speech rights of all Californians significantly, and seriously undermine our legal system.

California Supreme Court Chief Justice George and Justice Ming Chin (2 of 7 justices) are now running this year for election to additional 12 year terms. [They lobbied to achieve the removal from the ballot of their former and very unpopular printed ballot designation: "12 year term"]. They must answer fully, adequately, persuasively and truthfully the questions in Assemblymember Huffman's letter as to why they have not followed the federal restoration of our rights to defend ourselves - or we voters should turn them out of office like Chief Justice Rose Bird, Justice Cruz Reynoso and Justice Joseph Grodin were voted out in 1986.

Joining the restoration of the right to defend ourselves is an important good use of the attorney general's resources, the political suit against the new health care law is not. If the new health care bill is overturned, what other "federally mandated" laws will go away? For example, the monopoly operated by major league baseball is federally mandated, social security, taxes, the sale and purchase of broadcast rights, the purchase of prescription drugs from American sources only, etc?

I believe the lawsuit is misguided and would not join. Recent studies show that some 25% of Californians have no health insurance. I believe that it is important for the health of all Californians that we expand health coverage and make it affordable for all.

My philosphy can be summarized into twelve ("Reality Check") points, outlined as follows:

12 Reality Checks

REALITY CHECK # 1 - Put California's Economy & Financial House In Order.

1 - Implement a solid business plan for the State -- not just a "panic budget." 2 - Establish a 5-7 year reasonable system of fair income and property taxation.

REALITY CHECK #2 - Create Jobs, Security, & Business Growth.

1 - Create new jobs by stimulating our business environment. 2 - Accelerate government decision-making and cut oppressive regulations where possible. 3 - Support the highest and wisest use of our land by working closely with developers, the construction industry, and environmentalists for managed growth.

REALITY CHECK #3 - Healthcare for All.

1 - Promote wellness as a way of saving on healthcare costs. 2 - Reduce administrative costs from 30% to 5% to save billions of dollars. 3 - Create a Group Plan for those now not covered in which providers doing business in California are required to participate. 4 - Create a state agency which collects costs from employers and employees, negotiates with patient selected providers, including injured workers, and pays providers directly. 5 - Aggressively pursue insurance fraud to collect damages for the State. 6 - Demonstrate to business and industry that a healthy populace is financially superior to the present system.

REALITY CHECK #4 - Education for All.

1 - Recognize education as the first line of defense for our Democracy. 2 - Establish a volunteer CALIFORNIA KNOWLEDGE BANK COMMISSION ("CKBC") charged with the responsibility of implementing a reinvented education system.

REALITY CHECK #5 - Environmental Leadership.

1 - Encourage industries that create pollution management and environmental technologies that can be sold worldwide. 2 - Create strong incentives for alternative fuel and energy applications. 3 - Protect open spaces, water, ground, air, forests, oceans, coastlines, and deserts.

REALITY CHECK #6 - Link Transportation and Environmental Issues.

1 - Establish "Free Rides to Work and Home Vouchers" for use during specific days/hours, issued through employers to encourage use of vastly improved mass transit and ride sharing. 2 - Establish high incentives for alternative fuel use vehicles by lowering license fees and sales taxes on those vehicles. 3 - Establish an annually collected flat fee of $500 on all non-business, heavy and overpowered cars and trucks.

REALITY CHECK #7 - Alternative Sentencing & Prison Reform

1 - Reduce the high cost and unpredictability of our existing sentencing and prison system. 2 - Ensure productive and instructive work from those in custody. 3 - Effective rehabilitation, education, job training and real assistance in integrating prisoners back into our society

REALITY CHECK #8 - Federal Accountability for Immigration & Cross-Border Issues.

1 - Cross-border issues are the responsibility of the Federal government and we must demand that the Social Security Administration create a special SSN-Plus system to account for our cross-border workers and families. This is the only way we can insure accountability for their presence in any state and the best way to secure taxation of their wages and to provide fair benefits as required by California law to all workers. 2 - Decriminalize working in California and other states for non- documented workers by developing a management system at the Federal level to ensure equal taxation and treatment of these contributors to our work force. 3- If the Federal government fails to do this, we must come up with a legal and fair Worker-Family Documentation Program (WFDP) of our own. If other states want to follow our model, we can provide paid consulting services to help them achieve their goals.

REALITY CHECK #9 + Review and Repair Our Political Structure.

1 - Loosen term limits so politicians do not "owe" big contributors and see no political gain in solving long term problems. 2 - Plug loopholes that encourage corrupt relationships where politicians shake down contributors and pay back with favors at public expense. 3 - Support the brand new California Citizens Redistricting Commission so the politicians do not continue to gerrymander "safe districts" to maintain power they would otherwise lose. 4 - Amend California's constitution to make it harder to place recall initiatives on the ballot so the process is not hijacked by special interests.

REALITY CHECK #10 + Fairly Amend Proposition 13.

1 - To not increase taxes, make it harder for corporations to escape re-assessment with 100 year leases that the homeowner cannot have. Homeowners should get equal treatment. 2 - Remove 2/3 vote provided in Proposition 13 initiative put into State Constitution for all budgetary matters--all but 3 states do it on a 50% majority. This hamstrings the legislature and we are all held hostage by any unreasonable minority. This flies in the face of Democracy.

REALITY CHECK #11 + Government Will Listen and Respond to the People.

1 + Good government requires listening to the people and paying real attention. 2 + Attend carefully to the needs of the citizens and not to special interests. 3 + Encourage participation by experts and promote volunteerism as great, untapped resources.

REALITY CHECK #12 - Recognize and Utilize the Full Power of California.

We must remember -

California leads the country in productivity. We lead the country in innovation. We have more opportunity than any place on earth. California's operating economy is the 5th in the world. We are the industrial, agricultural and technological development leader. We are the most diversified State and represent the New Culture of our increasingly global community. It's time to remind ourselves of the power our State has and the contributions we make to the country and the world. It's time for a Reality Check on the responsibility this position of leadership demands on all Californians.

Let's reclaim Good Government for the future. // //

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Created from information supplied by the candidate: May 9, 2010 21:32
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