"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.

“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).

“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.

It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.

“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.

Saturday, June 10, 2017

Cancellation of Obama's political patronage policy - and the continuing "cy pres" funding of nonprofits

I recently wrote a 5-part article about the lawsuit by immigration lawyers suing the federal executive branch of the government to lift a disciplinary rule against them prohibiting ghost-writing and partial representation in federal immigration courts and before its appellate Board of Review:

I specifically wrote about the fact that California State Attorney General made the plaintiffs in the case his office's paid informants - by giving them a $125,000 grant and by putting an attorney into their office whose only job was to investigate "notario fraud" - in other words, to conduct investigations against NWIRP's own competitors, ordered by a State Attorney General to enforce what a State Attorney General has no right to enforce - federal disciplinary rules of representation in federal immigration courts.

That was disclosed in California State AG's amicus brief.

Of course, the inconsistency of the argument that the State Attorney General of the State of California is supporting, through an amicus brief in support of his own paid informant NWIRP, VIOLATIONS of the very same disciplinary rules that the State Attorney General is enforcing and financing such enforcement by giving NWIRP (violator of federal regulations) $125,000 in grant money to conduct investigations against its own competitors, other violators of the same disciplinary rules - is somehow completely overlooked by the plaintiffs in that lawsuit, the State of California Attorney General, by the federal judge who has so far imposed a stay without giving an explanation or legal reasoning, and by the media and members of the public who support the lawsuit simply because it is "against Trump".

But, one more thing needs to be clarified for the public, and especially in view of U.S. Attorney General's announcement that it is stopping the unconstitutional policy of directing settlement money from settlements with wrongdoers to finance special interest groups - something that the Obama administration introduced and widely practiced.

NWIRP is exactly such a special interest group, and the California State Attorney General did exactly what U.S. Attorney General just prohibited - gave it a "cy pres" grant of $125,000 to conduct investigations of alleged violators of the same disciplinary rules that NWIRP is suing U.S. Attorney General Sessions for its own "constitutional right" to violate (with support from the State of California Attorney General).

Let's go back to what the California State AG said in its amicus brief:

So, while fighting the Trump administration in court AGAINST enforcement of federal immigration law, the State of California gave $125,000 to a non-profit, NWIRP, to SUPPORT enforcement of the same federal immigration law - but only some of it, and only against NWIRP competitors.

And, the mysterious "cy pres" grant means "leftovers" from class lawsuits awarded BY JUDGES to non-profits designated by the government, and thus favored by the government.

Since NWIRP is taking a political stand against the federal government, the "cy pres grant" is used by the state government, the chief law enforcer of the State of California, to finance  special interest group - which was just prohibited by U.S. Attorney Sessions.

U.S. Attorney sessions pointed out WHO should get the "cy pres leftovers":

  • victims in a potential class action, or
  • the taxpayers - whatever is unclaimed should go back to the government, not to the special interest groups.

So, once again, the "hero" NWIRP, that is suing for special treatment, is nothing other than a special interest group and a paid informant of the Attorney General of the State of California getting money that victims in class lawsuits did not get, in order to promote business and political interests of its Directors.

And that practice is unconstitutional, and just prohibited by the U.S. Attorney General.

Will the U.S. Attorney General now look into "cy pres grants" distributed by states to their special interest groups?  Those non-profits who declare they do something good, while there is no law requiring the non-profits to dedicate any amount of money or even percentage from its budget to the declared mission - and who can instead finance lavish offices, good salaries, political campaigns, and dedicate the most minimal amount of money, simply to maintain interest of political donors in their company?

He should.

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