Send this letter to elected officials
Want to make a difference? Want to do something that will get results in reforming the court system? Want to do something that won't cost a lot of money or take a lot of time? Good! Write some letters. Letter writing actually works. When you let your state representatives know what you think, sometimes they actually listen. What I need is a lot of people writing a lot of letters. What I'm proposing in this letter is somewhat new and unique. It's not another letter with nothing new. This letter will help them start thinking about external regulation of the courts. And this is an important concept that needs to be promoted.
There are a lot of things wrong with courts and lawyers in America. But most all these problems have one root cause. The root cause is that the judicial system is self regulating. Self regulation doesn't work. The solution is external regulation of lawyers and judges. Every other profession, like doctors, are regulated by administrative agencies that are under the executive branch of government. Only lawyers are regulated by the judicial branch. Because they regulate themselves, their really is no regulation. Here in Missouri, the Disciplinary Counsel is really the Coverup Counsel. The only lawyers who are disciplined in Missouri are lawyers who are convicted of a felony, and lawyers who blow the whistle on other lawyers.
It's going to take a lot of effort to break the self regulation of the courts. There are a lot of lawyer who are making a lot of money because they can break the law with impunity. There are a lot of judges whom enjoy having the power of kings to do whatever they want without fear of being held to legal and ethical standards. These people are powerful and are entrenched. However, you can cut down a mighty redwood tree with a hatchet if you hit it enough times. And that's what this letter is intended to do. Every member of the House and Senate of every state needs to get 10 copies of this letter from 10 different people. And ever member of the United States Congress needs to get 100 copies from 100 different people. We need to get the subject of external regulation of the courts on the table. So please take the time to send a few letters off.
Thank you for taking the time to read my letter. I am concerned about the ethical standards of our court systems. We live in a society where unethical lawyers are allowed to flourish and that has to end. The Rules of Professional Conduct and the Rules of Court hold lawyers and judges to a high standard of ethical behavior. Unfortunately, the high standards are not being enforced. I am not asking that you change the rules. All I'm asking is that we enforce the rules we have.
The problem with enforcing the rules is that the judicial branch of government is self regulating. Self regulation doesn't work. The solution is external regulation. Every other profession is regulated under the executive branch of government except for lawyers and judges. This places lawyers and judges in the awkward position of having to enforce ethical standards against the same people they have to work with every day. A lawyer who files a complaint against a judge or a fellow lawyer will find that he will no longer be able to practice law effectively in that community. Thus honest lawyers have to keep their mouths shut and allow the improper conduct to continue.
If self regulation were eliminated and lawyers and judges were regulated through an administrative agency of the executive branch, lawyers and judges would be relieved of the burden of enforcing ethical standards on their friends and colleagues. This would allow honest lawyers the freedom to practice law knowing that everyone is playing by the same rules and that the rules are enforced. Lawyers wouldn't have the fear that they will be blackballed for starting a disciplinary proceeding against a fellow lawyer.
Self regulation of the courts is also unconstitutional. Our forefathers contemplated a "Checks and Balance" system that gave each of the three branches of government the power and responsibility to ensure that the other two branches stayed honest. This system ensured that no branch usurped the power of the King. The judicial branch, however, has opted out of the checks and balance system through self regulation. Self regulation is unconstitutional and the legislature has duty to the Constitution to institute external regulation of the courts.
When dishonest lawyers are allowed to flourish, honest lawyers will never be able to win cases. It has become a race to the bottom of ethical standards. The public has an absolute right to honest lawyers, honest courts, and honest judges. The rights of the people come before the profits of lawyers. The courts are here to serve the citizens, not to rule them. I hope that you will take the appropriate action to rectify this problem.
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