How to reform the corrupt legal system
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 corruption in courts today makes the combined practices of Microsoft, Teapot Dome and Tammany Hall pale in comparison — spanning from 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 Congresspeople 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:
1. State legislatures must assert the settled legislative authority they hold over business trades to include oversight of attorneys. Attorneys are not judges, and therefore are not exempted by the “separation of powers” doctrine. At this level, attorneys are not different from their counterparts in the fields of medicine, insurance, and accounting.
2. State Legislatures should create an Attorney Oversight Commission, perhaps operating under the department of public safety. The Commission should be comprised of 13 retired non-attorney members, two of which are alternate Commissioners, and two non-voting members who retired attorneys. The two attorneys would serve in an advisory capacity as to issues of law, and not have a vote in cases presented to the Commission.
3. The Attorney Oversight Commission will be appointed for life, or upon voluntary resignation, and drawn by lottery. Lottery applicants must hold a four-year bachelor’s degree or better in their field of expertise. Voting applicants may not be from the legal profession, or have immediate family or parents who have held a law license. Applicants should not also hold their degree in social work, psychology, or women’s studies because these fields often work as special advocates in the court system. Commission members will be paid a reasonable sum for their work, plus expenses for alternate housing and travel expenses.
4. Commission members may be removed by the State’s attorney, and replacement drawn from the lottery, upon showing that a Commission member has been convicted of a class 2 (or B) misdemeanor or greater, or where it is demonstrated to the State’s Attorney by physical evidence that a Commissioner no longer meets requirements to sit on the Commission, or has been compromised and connived in any way with anyone to prevent the Commission from performing its duty.
5. Complaints of attorney misbehavior will be heard by the Commission. As cases come in, they should be assigned to two Commission members, who co-manage the case and develop the points, and a preliminary recommendation for presentation and open hearing by the full Commission.
6. All hearings must be fully open to the public, and all findings published on an accessible web site.
7. The Commission must have power of subpoena, enforceable by the State’s Attorney to view private, court, and attorney records, and to subpoena any individual whose testimony is deemed important by the two case managers.
8. The Commission must also have authority to temporarily or permanently disqualify court appointees such as court liaisons, guardian ad litems, psychologists, and other advocates that courts appoint, particularly in family law cases. Special advocates are often the worst offenders – used by corrupt attorneys to do their bidding behind the scenes.
9. The Commission should be funded to allow temporary retainer of retired individuals to research and help discern information in complex cases, at reasonable cost to the State. The kinds of individuals needed will be paralegals (who were never licensed attorneys), accountants, doctors, and any other licensed professionals. To work on a case, retiree specialists must sign an affidavit stating that they have no personal relationship with anyone named in the case, and no other conflict of interest.
10. If a Commission member has any conflict of interest in a case before the Commission, the member shall disqualify him/herself, and an alternate Commissioner appointed.
11. The level of discipline must be methodically defined in statute. I recommend four levels of malpractice definitions, codified in statute based on severity of the infraction. Any offense that would constitute a disbar-able offense will count as a class 4 (or D) infraction in statute. Lesser infractions, based on damage to the complainant or the case, would score 1 though 3 points.
12. After a case is heard, the Commission will vote to determine the outcome. Of the 11 possible votes, a score 10 or 11 or will result in permanent disbarment, plus fines and public censure. A score between 8 or 9 results in disbarment of two and four years, respectively, plus fines and public censure. A score of 7 will result fines and public censure. A score of 6 will result in public censure and refund of fees only.
13. When the vote is 7 or greater, fines will be calculated by multiplying the number of points, times $20,000, plus refund of attorney fees, payable to the victim. A small percentage of the fines will go to the state to cover costs of operating the Commission. The attorney must also refund all fees to the victim.
14. When fines or censures are levied, case decisions will be published on the Commission website. When the vote is 5 or less, the Commission will confidentially retain case information, for tracking possible repeat violators.
15. Case decisions may be vetoed by the Governor, who has 30 days to rescind the finding for cause stated, before the decision is final. Approval of the decision by the Governor shall not be required.
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.
David R. Usher is President of the American Coalition for Fathers and Children, Missouri Coalition
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[...] I urge everyone to take the plan set forth in my article How To Reform the Corrupt Legal System, and get it introduced in your state legislature.Ă‚Â Law and Justice must belong to the Republic, not those running this severely compromised Democracy. [...]
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Excellent column. There is a lot to chew on here.
David, what about the influence of Emily’s List. I believe this is the largest PAC and is a radical feminist organization. I have heard that they watch every judge in Family Court throughout the U.S., and if a judge does not display the proper respect for womens issues that he/she will then be targeted for removal.
Judges are aware of the threat posed by Emily’s List. It influences their decision-making.
It seems to me that Emily’s List is corrupting the judiciary by giving judges incentives (self-survival) to decide cases a certain way.
Do you have any commentary regarding Emily’s List influence?
February 5th, 2006
Good points, David and Denis.
For those that do not know what Emily’s list is all about, I took a listing from a different forum and put it here:
With due credit this is from KAL147 for his knowledge and proper credit is due to him.
Here is the thread (condensed)
I’m sure you all are aware of the recall election in California that ousted Gray Davis as the Governor. Last year he vetoed legislation that would have curtailed rampant paternity fraud in California. The reason that Davis vetoed the paternity law bill, and the reason that so much else of this kind happens is not because men are too lazy to do anything about it, and not because all social workers are lesbians, but because of raw political clout.
I know that some of you have heard of Emily’s List, but there may be a lot of others who still haven’t, even though it’s far and away the most powerful political action committee in the country, with tentacles controlling politics at the national, state and local levels.
Have you ever been in court and seen a woman sitting in the front row
taking notes on what’s going on? That’s a court watcher, sent by an
organization indirectly funded by Emily’s List, who makes sure that
the judge rules the right way — whatever way will bring more money
into Emily’s List and the organizations it controls.
Even if someone in this group hasn’t heard of Emily’s List, you can be
sure that all elected officials have. Emily’s List affects almost
every election, one way or another. If you’re willing to submit to
Emily’s List’s control, and say only what they want you to say, then
you get their help at reelection time; otherwise your opponent does.
If you get elected, you’re expected to favor legislation that will
pour even more money into Emily’s List’s coffers.
This is corruption and machine politics at its worst. You should see
for yourself just how wealthy and powerful Emily’s List is. Go to the
Federal Election Commission at the URL
http://www.fecinfo.com/cgi-win/indexhtml.exe?MBF=PACLEAD and click on
2001-2002 Election cycle, Total Receipts, then click on “List Them.”
You get a huge list of PACs. You’ll see that the hard-core feminist
Emily’s List is on top — waaaaaaaaay ahead of everyone else in money
and power.
Here are the first few, as of a couple of months ago based upon the 2001-2002 election cycle:
1. $20,921,055 EMILY’S LIST
2. $9,929,641 NRA POLITICAL VICTORY FUND
3. $8,159,142 DEMOCRAT REPUBLICAN INDEPENDENT VOTER EDUCATION
4. $7,958,809 AMERICAN FEDERATION OF STATE COUNTY & MUNICIPAL
EMPLOYEES – P E O P L E, QUALIFIED
5. $7,861,324 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS COMMITTEE ON POLITICAL EDUCATION
6. $7,636,940 UAW – V – CAP (UAW VOLUNTARY COMMUNITY ACTION
PROGRAM)
7. $6,904,651 SERVICE EMPLOYEES INTERNATIONAL UNION POLITICAL
CAMPAIGN COMMITTEE
8. $6,749,254 ASSOCIATION OF TRIAL LAWYERS OF AMERICA POLITICAL ACTION COMMITTEE
9. $6,413,897 VOICE OF TEACHERS FOR EDUC/CMTE ON POL EDUC OF NY STATE UNTD TEACHERS (VOTE/COPE) OF NYSUT
10. $6,031,024 NEA FUND FOR CHILDREN AND PUBLIC EDUCATION; THE
(FKA NEAPAC)
Now, there are two major pro-feminist political organizations in the
country, both of them arms of the Democratic Party:
(*) The grass roots feminist organization is the National
Organization for Women (www.now.org). Its membership peaked in
1992, and it’s been losing members steadily ever since then.
(*) The money making feminist organization is Emily’s List
(www.emilyslist.org). Emily’s List has been getting wealthier
and wealthier, to the point where it now is way more powerful than
anyone else.
When you analyze exactly where Emily’s List gets all its money, it
always comes back to one place — false accusations against men.
Emily’s List uses its machine and power to support candidates who
will promote legislation to fund organizations with no other purpose
than to bring accusations against men (victim’s advocates, social
service organizations, court clinics, battered women’s shelters,
visitation centers, feminist legal services agencies, women’s
protective services). These organizations receiving funding for only
one thing — how many accusations they bring against men. No other
measure is used. And it makes no difference whether the accusations
are true or false, so these organizations are highly motivated to
bring as many false accusations as possible. For example, there’s
evidence that some 90% of all restraining orders brought by women are
completely phony, motivated by organizations indirectly funded by
Emily’s List.
By bringing false accusations against men, they obtain a huge stream
of funding that’s used to dispense favors and jobs to political
cronies — usually women who, for personal reasons or for money, are
willing to support additional false accusations against men.
These organizations provide the support for Emily’s List at the grass
roots level, encouraging women to take a part of the money they’ve
received and donate it to Emily’s List.
This is a HUGE flow of money, propelling a large, corrupt political
machine. It has no purpose other than making money — certainly not
helping women or children. In fact, many feminist policies which actually promote child abuse, or rape and violence against women. The bottom line is that the more women who are raped and beaten, the more money Emily’s List groups make, and the more false accusations they can make, and the more money they make.
That’s why Davis vetoed the bill: cutting off paternity fraud means
cutting off one huge stream of income to feminist organizations, and
one huge stream of donations to Emily’s List.
Relply from Dr Evil
This is interesting stuff. If you go to this link
http://www.fecinfo.com/cgi-win/x_pacpg.exe?DoFn=C00193433*2004
You will find a page specifically for Emilys List and who gave them $ and who they give $ to. The list of who gives them money is by name and amount and often gives their personal address, amount given, and sometimes their profession. Glancing through that list is an interesting exercise. Looks like mostly professionals, heavy on lawyers and banking professionals. Here’s a link to the alphabetized list:
http://www.fecinfo.com/cgi-win/x_pacpg.exe?DoFn=C00193433*2004
Here’s a link to the Emily’s Lost web page:
http://www.emilyslist.org/
Kal147, I still don’t understand the connection between false accusations of men and donations. How does that work? The list looks like a bunch of wealthy professionals giving $500 and more.
KAL 147 Answered:
Dr. Evil asks:
Quote:
I still don’t understand the connection between false accusations of men and donations. How does that work?
As I said, Emily’s List uses its machine and power to support candidates who will promote legislation to fund organizations with no other purpose
than to bring accusations against men (victim’s advocates, social
service organizations, court clinics, battered women’s shelters,
visitation centers, feminist legal services agencies, women’s
protective services). These organizations receiving funding for only
one thing — how many accusations they bring against men. No other
measure is used. And it makes no difference whether the accusations
are true or false, so these organizations are highly motivated to
bring as many false accusations as possible.
What happens is that Emily’s list uses its’ raw political clout to basically determine the outcome of many elections. If an elected official (judges, legislators, prosecutors) does not rule or act the way Emilys List wants you don’t get their help at re-election time –your opponent does. Furthermore, Emilys List uses its’ huge clout to lobby congress for funding for organizations that support accusations against men. The National Rifle Association, which everyone thinks is so powerful, is only a small fraction as powerful as Emily’s List so you can imagine how powerful they are. Emily’s List is the most powerful political organization in the country, controlling lawmakers, courts and prosecutors at all levels of government. What happens is that thru powerful lobbying and political clout organizations mentioned above such as battered womens shelters, victim’s advocates, social service organizations, court clinics, visitation centers, feminist legal services agencies, women’s protective services, etc, all get huge federal funding largely through the Violence Against Womens’ Act, this is where BILLIONS of dollars flow into the very agencies and parties mentioned above. These essentially pure feminist organizations receive funding based solely upon case load ie. the number of accusations made, no other measure is used. Therefore, the more accusations that are levied upon men the more money flows in. It doesn’t matter if the accusations are false so like I’ve already said these organizations are highly motivated to bring as many false accusations as possible.
Say you’ve been victimized by a scam I’ve heard several times. A woman
who wants to stay in America visits America, targets a man, and gets
pregnant. Then she dumps him, accuses him of battering, collects
child support, and she can’t be deported.
These women are supported by women’s activist district attorneys
because they make so much money from them. In other words, your
former girlfriend is a gold mine for these women. They receive
government funding for lawyers and other experts to defend this woman
against you, including a free immigration lawyer to defend her from
deportation. The victims’ advocates stand to make money, the battered womens’ shelters stand to make money and so on and so on.
And the worst part is that these women activists, including the
women district attorneys, know that your ex-girlfriend is lying. In
other words, they’re committing crimes themselves, but it doesn’t
matter. Everybody knows that they’re crooks, everyone knows that it’s
extortion and corruption, but it makes no difference.
This is the gist of it. I looked up the links and looked at the sites and the info KAL147 gives is on target and legit.
This will prove that paranoids DO have enemies, and they work for EMILY and all their associates.
Steven
February 5th, 2006
Wow. Thanks Steven.
February 5th, 2006
sorry-thanks eric….
February 5th, 2006
Any thoughts on Jail4Judges?
February 6th, 2006
I remember when KAL posted that story and I was like “WOW” … it’s the “X-files” and a women’s studies course wrapped up to make a super powerful organization that likes it very much if you don’t know their agenda.
But, this isn’t TV, and it’s not a dream, it’s a freaking nightmare.
Steven
February 6th, 2006
Did you ever think that your posting about Emily’s list would be repeated, Steven? :O Good to see you again!
I save lot’s of good stuff and almost everything I post so that the truth can be restored and so that the feminazis can not twist a lie into what has been stated…as historically, they are known to do..
Forewarned, are you on Jail4Judges mailing list? If not, e-mail me and I will give you the information to get on it. They have targeted one state and that is rippling across the land right now. A lot of what David Usher has stated about attorneys is what Jail4Judges is doing with judges and the law “profession (cough)”
Denis or anyone else that would like to have more law than you can shake a stick at, information on PAS, Marxism and feminism, sovereign law, parenting plans and etc., I am always happy to provide it…but, don’t expect me not to give you more than you ask for…
But, I don’t help with particular problems or how to solve them. I have a life, too…
Eric
Eric@FIRMncp.com
February 6th, 2006
Eric-
I’m definitely interested in anything you have time to forward.
denishatesfeminists@yahoo.com
Thanks!
February 6th, 2006
Hi Eric!
Good to see you’re still out there raising havoc with the fems.lol I’m a member of J.A.I.L., and a neighbor of South Dakota(I’m from Minnesota). While the news of this is creating a stir across the land, the S.D. judicial system is on the verge of having a heart attack! Does one usually worry when they’re in the right? NOT!
This I can say, it’s going to shut a lot of people up by simply having to abide by “CONSTITUTIONAL LAW”! Emily’s List may be big, but the Constitution is a little bigger;-). These people are destroying everything America is about, and I believe it’s time to put them in check. It’s my belief any support to J.A.I.L. will be a helluva investment! But, each to their own.
http://www.jail4judges.com
BTW, Mr.Usher, YOU RAWK!
Take Care ERIC!
Bing
February 7th, 2006
Usher, you truly do rawk!
The grassroot response to your latest post is an example of why, as well as how, the free flow of information and communication via the web will turn the tide of feminazi amoralism which has almost destroyed our nation.
I’m going from here to jail4judges.com!
February 7th, 2006
All,
Those who want change should not waste their time complaining about things on the internet. Take this idea, find a sponsor or two in the legislature in your state, write up the legislation, introduce it, and then network with other organizations in your state who want to see change. Organization such as the VA, senior citizens, libertarians, gun rights, pro-life, pro-marriage, and business organizations should be interested in this. Get a slot talking for the pachyderms in your area.
February 7th, 2006
Sorry All,
Slip of the wrist, It’s
http://www.jail4judges.org
Crap!
Heck of an idea, Mr. Usher! Might be worth a shot, be kinda tuff finding a sponsor though. I’ll check that option out! 46,800 signatures in South Dakota demands it goes to a vote. What is it? South Dakota Amendment E.
Take care!
Larry (Minnesota Jailer)
February 11th, 2006