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The Battle Lines are Drawn: J.A.I.L. versus The Foreign Power
A Power Foreign to Our Constitution
Why Lawyers Are Against
Judicial Accountability!
[T]he legal profession is the only one that is completely self-regulated.
''As a general rule,'' Professor Barton wrote,
''foxes make poor custodians of henhouses.''
We understand why the bar associations are out to defeat J.A.I.L. by any means at their disposal-- mainly by propaganda to an ignorant public. The legal fraternity runs the biggest racket in town because it is not accountable to the public. It heads the American foreign power as an unleashed mad dog. The bench and the bar congratulate themselves, as stated below, on expanding what they are pleased to call "the rule of law." Anyone who helps people fill out straightforward forms are punished for UPL (unauthorized practice of law). We see this phenomenon taking place right now within our own ranks. Nancy Grant story:
http://www.jail4judges.org/NL_Library/2007/NL%202007-08-27.htm
Along this line, we possess an official letter co-authored by officials of the United States Department of Justice, and the Federal Trade Commission, who enter this battle, challenging with profound cited authority the Bar concept of preserving their exclusive monopoly. (We will soon be posting this letter on the J.A.I.L. website.)
It's all coming to a head, folks. We can either end it quickly by passing J.A.I.L. in at least one state, or else we'll be forced to take the long way around by revolution which will be only a means to getting J.A.I.L. passed ultimately. Either way, the People need J.A.I.L. "Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed." (Declaration of Independence)
The laws of nature demand that the status quo cannot continue. Change will come one way or another!
Once you start thinking about it, the examples are
everywhere. The lawyer-client privilege is more closely guarded than any
other. It is easier to sue for medical malpractice than for legal
malpractice. People who try to make a living helping people fill out
straightforward forms are punished for the unauthorized practice of law.
But Judge Jacobs's main point is a deeper one. Judges
favor complexity and legalism over efficient solutions, and they have no
appreciation for what economists call transaction costs. They are aided in
this by lawyers who bill by the hour and like nothing more than tasks that
take a lot of time and cost their clients a lot of money.
And there is, of course, the pleasure of power,
particularly in cases involving the great issues of the day.
''Judges love these kinds of cases,'' said Judge Jacobs,
whose speech was published in The Fordham Law Review in May. ''Public
interest cases afford a judge more sway over public policy, enhance the
judicial role, make judges more conspicuous and keep the law clerks
happy.''
There are costs here, too, he said, including ''the
displacement of legislative and executive power'' and ''the subordination
of other disciplines and professions.''
Yet, at the conclusion of a big public-policy case, the
bar and bench rejoice. ''We smugly congratulate ourselves,'' Judge Jacobs
said, ''on expanding what we are pleased to call the rule of law.''
Benjamin H. Barton, a law professor at the University of
Tennessee, examined some of the same issues in an article to be published
next year in The Alabama Law Review titled ''Do Judges Systematically
Favor the Interests of the Legal Profession?''
That question mark notwithstanding, there is little doubt
about where Professor Barton comes out.
He noted, for instance, that the legal profession is the
only one that is completely self-regulated. ''As a general rule,''
Professor Barton wrote, ''foxes make poor custodians of henhouses.''
Professor Barton explored a long list of examples,
including the aftermath of the Supreme Court's 1966 decision in Miranda v.
Arizona. Miranda, as everyone with a television set knows, protected the
right to remain silent and the right to a lawyer.
Over the years, though, courts have approved all sorts of
police strategies that have eroded the right to remain silent. At the same
time, Professor Barton wrote, the courts ''chose to retain quite robust
protections for accused who clearly expressed a desire for a lawyer.''
''The advantages to the legal profession are clear,'' he
added. ''Whatever else an accused should know, she should know to request
a lawyer first and foremost.''
And the cases keep coming.
This month, a New Jersey appeals court basically immunized
lawyers from malicious prosecution suits in civil cases. Even lawyers who
know their clients are pushing baseless claims solely to harass the other
side are in the clear, the court said, unless the lawyers themselves have
an improper motive.
Lester Brickman, who teaches legal ethics at Cardozo Law
School, said the decision was just one instance of a broad phenomenon.
''The New Jersey courts have determined to protect the
legal profession in a way that no other professions enjoy,'' Professor
Brickman said. ''It's regulation by lawyers for lawyers.''
Other professions look for elegant solutions. It is the
rare engineer, software designer or plumber who chooses an elaborate fix
when a simple one will do. The legal system, by contrast, insists on years
of discovery, motion practice, hearings, trials and appeals that culminate
in obscure rulings providing no guidance to the next litigant.
Last month, Judge Jacobs put his views into practice,
dissenting from a decision in a tangled lawsuit about something a college
newspaper published in 1997. The judges in the majority said important
First Amendment principles were at stake, though they acknowledged that
the case involved, at most, trivial sums of money.
Judge Jacobs's dissent started with an unusual and not
especially collegial disclaimer. He said he would not engage the arguments
in the majority decision because ''I have not read it.''
He was, he said, incredulous that ''after years of
litigation over $2, the majority will impose on a busy judge to conduct a
trial on this silly thing, and require a panel of jurors to set aside
their more important duties of family and business in order to decide
it.''
Writing with the kind of verve and sense of proportion
entirely absent in most legal work, Judge Jacobs concluded that ''this is
not a case that should occupy the mind of a person who has anything
consequential to do.''
Copyright 2007 The New York Times
Company
New York
Times
Published August 27,
2007
Dennis G. Jacobs, the chief judge of the
federal appeals court in New York, is a candid man, and in a speech last
year he admitted that he and his colleagues had ''a serious and secret
bias.'' Perhaps unthinkingly but quite consistently, he said, judges can
be counted on to rule in favor of anything that protects and empowers
lawyers.
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He has combined with others to subject us to a jurisdiction foreign to
our constitution, and unacknowledged by our laws; giving his assent to
their acts of
pretended legislation. - Declaration of
Independence
"..it does
not require a majority to prevail, but rather an irate, tireless
minority keen to set
brush fires in people's minds.." - Samuel Adams
"There are a
thousand hacking at the branches of evil to one who is
striking at the root." -- Henry David Thoreau ><)))'>
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