The Legal Intelligencer has just reported that the head of the Right to Know office has been reinstated in Pennsylvania. New Governor Tom Wolf had removed him as soon as he was elected this year, on a campaign platform of government transparency. This ruling obviously is related to incriminating cell phone records being released in Centre County that exposed improper communications between two judges and a district attorney.
What the majority of Americans may not understand is how dangerous the doctrine of judicial review is, which has allowed this ruling..please click and read. The way that Jefferson had envisioned the country to run, is two branches of the government rule over the three. He was very much against judicial review. But what we have now is one branch ruling over all three. The Judicial Branch is self-regulating and has the final say over every decision in the country, while at the same time it is run by a private, non-profit entity of the American Bar Association. The bar is profit-oriented- not justice focused. This closed club has manipulated the court rules with that goal – and is not a mechanism for a democratic process as it was intended.
Today their ruling reinstating Arenson as the head of the Right To Know Office is a major blow to our democracy. In both issues, of Centre County and the Governor’s attempt to bring transparency through the Right to Know Office, the courts clearly have a conflict of interest. These matters need to go to the legislature – and not be under the control of judges and lawyers who have a lot to lose.
Shakespeare could never have imagined anything this sinister. The Bernie Madoff ponzi scheme will be dwarfed by this fraud, once the mainstream media is forced to submit to the public’s exposing that our third branch of government is operating as a racketeering crime syndicate. It is controlled by the American Bar Association, whose members are every judge and lawyer in the country.
Since the early 1970s, lawyers have gained complete independence from oversight, implementing their own “rules” outside of legislation, to restructure the court system into a commercial corporation; it is no longer a venue for justice. Citizens are trapped in litigation, sometimes for decades, until their assets are gone and they must use future income to payoff lawyers. There are exhorbitant fees to file, and costs to just view your documents are online. Anyone who has ever had the misfortune of having to deal with the courts, either civil or criminal proceedings, will validate these statements. The Judiciary works solely for profit and to protect large corporations – at the expense of citizens and the integrity of our country.
The unregulated, unlimited ability of attorneys to charge their clients by the hour, coupled with lawyers being the primary funding source for judicial campaigns, has impoverished thousands, if not millions of Americans. It has contributed immensely to prosecutor misconduct and the mortgage foreclosure epidemic. The Administration of Pennsylvania Courts have refused to release statistics on the length of court cases. Even more incriminating, the Federal Courts refuse to release statistics on opinions by federal judges in civil rights cases, to determine if specific judges are undermining the laws.
While you may think it has always been this way, the magnitude of it now must be realized. It has broken the economy, driving up the costs and availability of just about every necessity of life, and has brought the U.S. to a crossroads in its survival. It has even been meticulously documented by a deceased superior court judge, in an end-of-life confession called “The Fraternity.“
There is simply no escape from the propensity of lawyers to complicate and prolong cases, which indisputably cannot be accomplished without the cooperation of judges. Judges have taken to abusing their ever expanding powers of “discretion,” failing to issue sanctions against attorneys, as these attorneys are the ones that put them in office to begin with, by funding their judicial campaigns.
Attorneys aggressively solicit for participants in frivolous class action lawsuits, particularly in medical malpractice, where the insurance coverage pays off the best. The attorneys advertise that their actions are for the protection of consumers. This is a farce – only a handful of litigants in these actions get any meaningful settlements, and the rest get in the single digits; the law firms receive in the millions of dollars. Those costs are passed onto the consumers, driving up the cost of healthcare, medication, insurance, and a plethora of other commodities.
The most egregious behavior is no doubt in the family courts. Unsuspecting families think they are coming to a safe haven to resolve their family issues, and hire a lawyer. The truth is the lawyers on either side work for each other- to meet profit quotas by complicating the case. The hourly rate at which you pay has more to do with how much influence the law firm has on the judge, than the quality of the legal work. Many families wind up with homes in foreclosure, when their homes were not in default at the time of entering the family court system.
Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence, a concept can be traced back to 18th century England.. even if those decisions are politically unpopular or opposed by powerful interests. Unfortunately, this concept is subject to abuse in a democracy where the checks and balance system is as important as the separation of powers.
Chief Justice John Marshall wrote the following on this subject:
Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the judge, [but] always for the purpose of giving effect to the will of the legislature; or, in other words, to the will of the law.
If you enter the courts without an attorney i.e. pro se.. you will receive no justice at all. Judges use their discretion to discourage people who come to their kingdom without paying one of their fellow members of the bar association. Many cases that are intentionally dragged out by attorneys for five years, ten years and even 20 years. If the incentive of the hourly fees and the power of judges to control litigation without fear of penalities were removed – this would stop.
Everyone needs to demand that massive reform be implemented immediately. Don’t wait until you become a target.