[COMMENT: It is a delight to see someone nail a problem with a clear solution. I am no legal expert, but it is plain to me that the legal profession is out of control, and that they have built for themselves a narcissistic profession dedicated largely to its own aggrandizement. The solution below, to take their accountability out of their own hands, is a common sense, and necessary step.
I would not be surprised to find that the globalist folks (the big money people) were much behind this corruption of our political system.
At one time (early 1800's), lawyers were not allowed to be
legislators because, being members of the bar, they were part of the judiciary.
So lawyers being legislators compromised the separation of powers.
Needless to say, the lawyers took care of that inhibition as soon as they could.
We are good at appointing the fox to be in charge of the henhouse.
If there is one thing that almost everyone agrees on, it is this: courts are too often corrupt and inflict horrid injustices on litigants before the bench.
Why does this happen?
The legal profession is a de-jure vertical trade monopoly. It is also the only trade that entirely regulates and disciplines itself. Bar Associations are, before anything else, trade organizations that push policies and law that increase business opportunities for lawyers. This is why liberal courts entertain many outrageous cases lacking statutory or clear constitutional foundations, while strangely dismissing others that do.
Bar associations go to great lengths to stifle internal discipline. For example, attorneys are perhaps the only professionals not protected by whistleblower laws. What nobody knows about never happened.
Holding a law license does not guarantee one is a competent, honest attorney. It means that person does what is dictated by the Bar. At the top level, Rules of Court make it a disbar-able offense for an attorney to publicly criticize another attorney or judge – or for judges to criticize each other -- no matter how horrid the offense. If there is one thing Bar Associations enforce with vigor – it is their own anti-whistleblower rules.
Attorneys are not the only individuals bound and gagged. Perhaps hundreds of thousands of legitimate complaints are filed with bar association disciplinary Commissions each year. Few result in anything more than a terse official letter from the Bar informing the complainant that the issue is now a private matter that can not be mentioned to anyone under punishment of some law that probably does not even exist.
It is very rare to see an attorney or judge disciplined or disbarred. In fact, about the only time this occurs is when an attorney does something so momentous and so public that the Bar must take action due to public pressure.
Attorneys must play the corruption game in order to become a judge. After becoming a judge, the former attorney has to play ball to stay in good standing with the Bar. He must cover for mal-practicing attorneys while exerting great pressure on the “honest” attorneys to keep the clients from “going public”.
The breadth of control and resulting corruption in courts today make the combined practices of Microsoft, Teapot Dome and Tammany Hall pale in comparison -- spanning the federal class-action gold-mines in Madison County, Illinois to divorce courts across the country.
In fact, it is reasonable to say that the Bar is the “fourth branch” of government, controlling the other three according to its business interests.
When viewed from this understanding, it is easy to see why the ACLU litigates all sorts of things that go against the interests of its supposed constituency. We see why VAWA continues to exist – not to protect women – but to drive as many families into the divorce machine as possible. Endless Congressional issues such as welfare, health care, and retirement benefits never get resolved because the Bar has enough clout to block legitimate congress people from moving forward. This tremendous problem affects everyone. It must be ended as soon as possible in all states.
There is a very simple and sensible way to break this cycle. It starts with the legislative establishment of a “separation of judiciary and law trade” doctrine, and state-level Commissions to regulate and discipline attorneys:
This system will work extremely well. It will no longer be possible for dishonest attorneys to practice long enough to become judges, regardless of local elective or appointive judicial practices.
After implementation, judges will be free to make decisions based on case facts, no longer hiding corrupt courtroom behavior. Over time, the quality of trial judges will rise, as a new fleet of honest attorneys work their way on to the bench. Subsequent appointments to higher court positions will further increase the quality of jurisprudence for all Americans.
© 2006 David Usher - All Rights Reserved
David R. Usher is Legislative Analyst for the American Coalition for Fathers and Children, Missouri Coalition And is a co-founder and past Secretary of the American Coalition for Fathers and Children.
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