The bar is supposed to be a voluntary association.
Yet, in New York, one cannot leave the allegedly voluntary association, if disciplinary charges are brought against the attorney, no matter how fraudulent or unconstitutional are the charges, unless one acknowledges that the charges are true and agrees to a disbarment.
The 2nd Circuit Court of Appeals invented an even better way to harass attorneys who are NOT admitted to the 2nd Circuit bar - forced admission to the bar.
I am NOT a member of the 2nd Circuit bar.
I have NO INTENTION of becoming a member of the 2nd Circuit bar.
Each time I file a federal appeal PRO SE in a 2nd Circuit bar, I get a call from the 2nd Circuit clerk's office trying to persuade me that I must apply for admission to the 2nd Circuit bar because "those are the rules of the 2nd Circuit".
A pro se party is just that - a pro se party. Representation of YOURSELF is not practicing law.
Yet, in the 2nd Circuit, if you are an attorney in state court or in the lower district court, you apparently must get admitted to PRACTICE LAW in the appellate court in order to REPRESENT YOURSELF in that court.
Does it make sense?
No, it does not?
Does it violate the 1st Amendment, access to courts?
Most definitely.
Does the rule requiring pro se parties who are attorneys IN OTHER COURTS to get admitted into the 2nd Circuit bar IN ORDER TO BE ABLE TO REPRESENT THEMSELVES ON AN "AS OF RIGHT" PRO SE APPEAL remain on the books?
Yes, it does.
How come that in the 2nd Circuit pro se representation became practice of law? Does anybody in the 2nd Circuit read the U.S. Constitution that every single judge of this court is sworn to protect?
And, coincidentally, the lawsuit that the 2nd Circuit is trying to dismiss because I, a pro se appellant, did not get admitted to the bar in order to practice law, has wide implications for the work of the judiciary system OF THIS ENTIRE COUNTRY.
It seeks information of judge's back-room associations in secret-membership organizations, and information as to judges obtaining financial perks from influential attorneys and engaging, potentially, in ex parte communications with influential attorneys through organizations of the type of the American Inns of Court - asserting that NO COURT DECISION made in the United States since the American Inns of Court came into existence can presumed to be valid because of the relationships between judges and attorneys in these organizations.
Isn't it too much of a coincidence that (1) the defendant district court dismissed the case before it was served; and now (2) the appellate court (where each of its judges will be affected by their own decision) is trying to harass me into getting admitted to the bar in order to represent myself on this appeal?
By the way, there is no such thing as an automatic admission to the 2nd Circuit bar, one needs a recommendation from members of the bar, disclosure of personal information, paying additional money - doing all of the things that other pro se appellants are not required to do.
Why? Because the appellate court feels threatened that it will actually have to decide the appeal that can undo the way the judiciary receives its back-door financial perks?
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