Remember all that delusion and fantasy shoved down our American throats, starting in grade school about
THE THREE CO-EQUAL BRANCHES OF GOVERNMENT?
I suppose there might be some element of truth to that fantasy…most delusions are based, at least in part in some element of reality. But the delusion that Florida’s court system has anywhere near the power of this state’s legislative branch in particular is a delusion that must be debunked immediately.
What we see playing out in Florida’s foreclosure courtrooms in particular is a battle between the legislative branch and what was the judicial branch, now reduced to merely the judicial twig. Florida’s legislative branch has demanded that Florida’s judicial twig
Speed up the Foreclosure Process…Grant Foreclosure Judgments…Or Else!
Or else what? Or else the legislative branch will continue to cut funding across the entire judicial system. The express threats are no hollow threats. In fact, they have in the past been carried out…and judges know that the legislative branch has every power and ability it needs to carry out such threats once again. In 2011, the Florida Supreme Court noted that Florida’s Courts were, “operationally underfunded”. I submit that this nomenclature was a cowardly linguistic dodge and that the guardians of liberty and justice in this state should have spoken clearly and said it
Florida’s Courts Are Constitutionally Underfunded
The rights of citizens cannot be protected and justice cannot be maintained when our court system is funded by less than 1 percent of the entire state government budget. This would be the case even in a properly functioning government, but Florida is anything but a properly functioning government. Florida’s is governed not by the Will of The People or of any sense of duty to The People. Rather, Florida is governed by corruption, bribes and legislative and executive branches that are auctioned off to the highest bidders. And the bidding is flagrant and blatant.
The governor’s mansion was sold to the highest bidder, and the current occupant is paying handsome returns to the individuals and corporate interests that sponsored his purchase. The legislative branch, both houses, are no better with far too many examples to demonstrate the point. It’s just not necessary anymore.
The State of Florida is Dangerously Corrupt And Florida’s Courts Have Abdicated Their Responsibility To Protect The Integrity of The Entire System of Government
The pressure exercised by Florida’s legislative branch is blatant and dangerous. Corporate interests purchase legislators who pass legislation that is written entirely by, for and to benefit corporate interests. Florida’s judges and courts should offer some protection against this, but courts have grown weak and weary.
One not-t00-distant example of where this is going is summed up by the following example:
Private prison corporations have invested hundreds of millions in real dollars and campaign contributions in the State of Florida. These brutal corporations do not make investments and pay contributions because they are community or civic minded. No, they are brutal, evil organizations who profit in the subjugation, abuse and slavery of human beings. These organizations build, staff and maintain prisons and prison medical complexes all across the state. But what happens when the returns that they must provide to shareholders begin declining? These corporations will not simply shrug their collective corporate person hood shoulders and say, “oh well, the prison business is going down.” With the current example of improper pressure being exerted onto Florida’s court system…and the court system responding in lock step to that pressure….when returns start to flatten out, the corporate prison entities will merely increase their contributions, bribes and corrupting influence to the legislative branch and expressly demand that the legislators exert pressure onto Florida’s judges.
Studies would be commissioned to determine why conviction and incarceration rates have declined and strategies would be implemented by legislation and rule to remove barriers to prosecution and incarceration. Those pesky impediments like Due Process and Miranda Warnings and Sentencing Guidelines, all wiped away through legislative fiat and pressure exerted on the formerly independent judicial branch. But it wouldn’t stop there. Those Enemies of The State that impede the progress of more “healthy” conviction and incarceration rates, Public Defenders and Criminal Defense Attorneys would be pressured, persecuted, disciplined, maligned and attacked. They are interfering with the state interest and they must pay the price. They would be pressured, persecuted, disciplined, maligned and attacked. In the same way that foreclosure defense attorneys are feeling the pressure and attacks today.
This country, and The State of Florida in particular is under a serious, persistent and undermining attack. Not nearly enough people are recognizing the attacks, much less appreciating the long-term and dangerous implications.
And no one is doing anything about it.
One final thought. Throughout the legislative session, elected officials were running up and down the halls of the state capitol with pitchforks and shovels screaming:
CLEAR THE FORECLOSURE BACKLOG!
In private meetings and in conversations, they would repeat this mantra over and over. But very few had the slightest idea what they thought they meant and next to none asked the question:
HOW DO WE SOLVE THE FORECLOSURE PROBLEM?
Precious few would take a moment to consider what exactly they thought they meant by…solving the foreclosure problem and only one or two had the slightest clue that the end product of the vast majority of foreclosures is returning the properties back to banks…much less that down the road, after they sat vacant and abandoned, they are sold off in bulk to investors, foreign trusts and out of state hedge funds. All of these outcomes are important from a public policy perspective because the policies effectuated by the action the legislators have demanded are not at all what are in our state’s long term best interests.
Throwing families out into the street so that Fannie Mae can sell junky homes to Wall Street hedge funds and foreign entities is not sound public policy. And yet, something like 80% of the foreclosure auctions in Florida result in the homes that were the product of legislative fury being dispossessed in exactly this manner.
And so again,
WHAT’S THE POINT OF ALL THIS FORECLOSING?
Yeah…not important questions that need to be asked of public policy makers….are they?
