THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:

"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.

Thursday, June 22, 2017

Intimidation of lawyers to not represent unpopular clients now affects President's attorney?

There have been interesting reports, from the point of view of independence of legal representation, in the context of legal representation of President Trump.

 Many things have been inadvertently exposed in the legal profession and the judiciary with the election of Donald Trump.

 For example:

(by the way, the link leads to Gillibrand's re-election/ fundraising campaign site).

 It is suddenly "in vogue" for judges to block rules of attorney discipline based on frivolous lawsuits of "in vogue" people - even if such rules are identical to the rules the same judges maintain in their own courts.

 And, finally, recently the President's attorney was intimidated with disciplinary complaints in DC and NY because he allegedly gave advice to White House employees who he did not represent.

 Of course, many prosecutors and judges do just the same, "advising" litigants and defendants left and right, as to which criminal defendants (that the prosecutors and judges in question do not like) not to choose.

 But, nobody ever considers that a problem.

 Disciplinary complaints against Marc Kasowitz appear to be clearly political - because now it has been reported that representation of the President whom the legal profession is filibustering in droves because, apparently, he upset the apple cart of seats already distributed by Clinton - at a hefty price to the "donors" - puts the entire law firm of the President's attorney "at crossroads".

Now, why is that?

 Why should representation of a particular client subject an attorney to ostracism?  Aren't all people in the U.S. equal under the law?

 Aren't all people entitled to legal counsel and defense?

 Is not the legal profession "honorable"?

 Is not attorney regulation and discipline exist only to protect consumers from attorneys who are dishonest or incompetent - which Marc Kasowitz is obviously neither?

 At least, nobody tried to do anything to him until he started to do the unthinkable - represent the President of the United States.

 So, now hints are heavily dropped that the law firm will be boycotted, and the "lead rainmaker" Marc Kasowitz will be "out of the picture" because of representation of the President?

 Again - why is that?
Posted by at

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)