Posted on 12/13/2020 4:46:29 AM PST by MtnClimber
The election controversy is exposing a tragic loss of honor by the Legal Establishment.
Decades ago, when I went to law school, students were drilled about the importance of "process values" to the legal system and to society. Citizens needed to be confident that a cause, win or lose, was heard with attention by competent and disinterested judges acting according to those general principles called "the rule of law." Defeat would still sting, but not fester.
Inter arma enim silent lex is a familiar Latin aphorism meaning "amidst arms, law falls silent."
We need an aphorism expressing the complementary truth: "If law falls silent, arms will decide," because if process values are systematically ignored, then all hell can break loose. In a recent article, the Serbian-American author said "as someone who (barely) lived through a civil war, [I know that they] begin when a faction decides it can no longer pursue its goals through the political, legal or economic means, as they have all been foreclosed to them."
My professors, who had seen the rise of the great totalitarian states, the consequent World War II, and the tensions of the Cold War, were very aware of the dangers. They regarded reverence for process values as fundamental to the honor of the legal professional.
Judging by the current election controversy, the legal curriculum has been reinvented according to woke principles, because the current legal establishment is not just indifferent to process values, but screechingly opposed.
(Excerpt) Read more at americanthinker.com ...
The CCP is desperate for resources. Oil and grain.
They have targeted America as their solution. Open warfare on American soil is not an option. Nukes are not an option-destroys the breadbasket.
They have targeted us from within-and part of than incremental targeting process is the erasure of our history from the face of the world.
The Communist ideology/CCP is incompatible with the American Founders and American legal system
It is that simple.
PDJT is the only national American leader comprehending this
once that was true, but now it has largely become an oxymoron with few exceptions, sadly.
I would argue that we no longer have a legal system.
We still have, this am, PDJT
The American Bar Association is a disgrace!
Law professors have been Marxists for decades now.
If I’m not mistaken even Haaaaavard Law School made Constitutional Law an elective, no longer a requirement for graduation. A top law school in the USA drops the requirement of Constitutional Law!
ACLU has been trash for decades as well. While our rights and liberties have been violated month after month; year after year since 9/11, the aclu remains silent. OR they actively work against liberty.
And who mostly goes into politics? Lawyers. And now apparently bartenders too.
In a tv show I used to watch, a horse drawn cart passed two men on a road in Yorkshire in the late 1930’s. In the cart were two farm boys being taken to the train station to “sign up”. One man commented “Well James, the politicians have failed. Now it’s up to them.”
Jeeze, More scare screed from mo the tory.
There are 1.3 MILLION lawyers in the USA. And people wonder about the loss of morality, let alone the inescapable conclusion that few lawyers work ethically.
Looking so far like this will indeed be the Century of China, as has been predicted.
China has been weaponizing space. Chinese warships have increased in numbers and power. China now controls many South American ports. Chinese troops will mass up in Canada and South America, then Mexico.
America will become China’s new farmland, mineral resource and their elites’ playground.
Americans will become constantly monitored, socially scored, working class biotches.
Patriots waited too long, the commie cancer has metastasized. Last minute treatment, now, will be harshly invasive and damaging.
Trump is David against CCP + Deep State Goliath.
“I would argue that we no longer have a legal system.”
True. So, what’s holding back the We the People Kraken?
Legal disputes are the modern equivalent of debating how many angels can dance on the head of a pin. They are intellectual exercises which may be devoid of commonsense and morality.
It’s coming down to the judicial branch to decide whether to stick a knife into the heart of this country.
Date on my receipt 04/02/98
From:
THE SUPREME COURT OF WASHINGTON
IN RE:..........) B.A. NUMBER 61
)
CLARK GAREN, ) DISSENT TO DENIAL OF
) APPLICATION TO
BAR APPLICANT ) PRACTICE
) LAW299/874 (THIS WAS A HAND WRITTEN NOTE) Pg-1
Quick synopsis: This guy failed on his LETTER HEAD, on a business in Nevada, to disclose that he was admitted to practice in Texas & California only. Second in "OPEN COURT" in California, said he wasn't going to pay his property taxes. (That REALLY PISSED OFF, the Character and Fitness Committee. You would thought he shot J.F.K. or something akin to that. And the BEST for Last, he only answered questions of the Character and Fitness Committee with Telling the "Technical Truth." addressed on pg. 39 of the decision. Also something about a Bankruptcy, pg. 4, of the Character and Fitness Committee)
Just some of the high lights, ref: Clark Garen total pages for the decision 44 pages.
Opinion of the Character and Fitness Committee, 7 pages.
Justice Sanders wrote the opinion, [footnote 9 W.S.Ct.]"By majority vote the court has denied my request to publish" Pg. 44
In re Clark Garen, Bar Applicant
B.A. Number 61
Dissent by Sanders, J., Denial of Application to Practice Law
2nd Paragraph, pg 4
Analysis begins by noting the paucity of published authority in this
jurisdiction of the meaning of “good moral character,” much less the recommended
procedure for it to be proved, or disproved. Only two published decisions emanate
from this court on the topic: In re Belsher, 102 Wn.2d 844, 689 P.2d 1078 (1984)
and In re Wright, 102 Wn.2d 855, 690 P.2d 1134 (1984). In both cases the
applicant came to the court burdened with a record of serious misconduct. Dennis
Belsher, for example, blew up his parents’ car with a home-made bomb, although
end of Pg-4.
In re Clark Garen, Bar Applicant
B.A. Number 61
Pg.5
his parents miraculously escaped injury. Nevertheless, the Board of Governors
found Mr. Belsher fit to practice law in this State, although ultimately this court
turned aside the favorable recommendation, concluding it was not in the interest of
the public or the Bar to admit Mr. Belsher to practice “at this time.” Belsher, 102
Wn.2d at 854. The second case, In re Wright, was apparently a closer case as it
ended in a split decision, four justices favoring the admission of Mr. Wright as per
the Bar’s recommendation, four justices opposed. Mr. Wright had been convicted
of second degree murder while armed with a firearm. While his appeal was pending
from this criminal conviction, he was charged and ultimately pleaded guilty to
possession of heroin as well.
In re Clark Garen, Bar Applicant
B.A. Number 61
Pg.14
1st paragraph, last sentence.
Nor Should it be his
problem that the committee has “doubts,” as doubts can arise from a variety of
sources including the listener’s inattention or lack of understanding.
In re Clark Garen, Bar Applicant
B.A. Number 61
Pg.17
4th sentence
The object of our inquiry is therefore to determine a trait or
generalization based upon a general course of conduct rather than a particular event,
unless that event is so significant so as to have overshadowing importance. In the
case of Mr. Wright, for example, the court concluded “second degree murder does
not exhibit good moral character.” In re Wright, 102 Wn.2d at 859. By the same
token, prior engagement in criminal enterprise may also point to bad moral
character. Cf. In re Belsher, 102 Wn.2d. At 851-52. Even so, we have admitted
or readmitted others to practice notwithstanding prior criminal conduct when
In re Clark Garen, Bar Applicant
B.A. Number 61
Pg.18
rehabilitation is demonstrated. Let us weigh the claims of the Bar by the standard
we have set for ourselves in prior proceedings.
We have reinstated attorneys who have committed serious illegal and/or
immoral acts including: second-degree assault (In re McGrath, 112 Wn.2d 481,
482, 772 P.2d 502 (1989)); misappropriation of client funds (In re Moynihan, 113
Wn.2d 219, 220, 778 P.2d 521 (1989); In re Rosellini, 108 Wn.2d 350, 355, 739
P.2d 658 (1987); In re Chantry, 84 Wn.2d 153, 154, 524 P.2d 909 (1974));
witness tampering (In re Stroh, 108 Wn.2d 410, 41, 739 P.2d 690 (1987); In re
Shain, 24 Wn.2d 598, 166 P.2d 843 (1946)); lying to a client (In re Livesey, 94
Wn.2d 251, 252, 615 P.2d 1294 (1980)); possession of bank robbery proceeds ( In
re Egger, 93 Wn.2d 706, 707, 611 P.2d 1260 (1980)); burglary (In re Krogh,
93 Wn.2d 504, 505, 610 P.2d 1319 (1980)); grand larceny (In re Johnson, 92
Wn.2d 349, 350, 597 P.2d 113 (1979)); assault with intent to commit rape (In re
Simmons, 81 Wn.2d 43, 44, 499 P.2d 874 (1972)); fraud (In re Eddleman, 79
Wn.2d 725, 489 P.2d 174 (1971)); mail fraud (In re Lonergan, 23 Wn.2d 767,
767, 162 P.2d 289 (1945)); embezzlement (In re Lillions, 196 Wash. 272, 82 P.2d
571 (1938)); and having an
In re Clark Garen, Bar Applicant
B.A. Number 61
Pg.19
affair with a juror in a cause in which the attorney was counsel (In re Bruener, 178
Wash. 165, 34 P.2d 437 (1934).[Footnote 5]
Moreover, regarding just the last seven initial applicants for admission
considered by this court, we have granted admission to applicants who have: sold
seven ounces each of cocaine and heroin (Bar Applicant No. 60); conspired to
import and distribute marijuana and transported $250,000 to another country (Bar
Applicant No. 59); engaged in vehicle tampering and shoplifting (Bar Applicant
No. 58); sold over a pound of cocaine to undercover officers for $30,500 in addition
to possessing over a half-a-pound of cocaine (Bar Applicant No.57); furnished
alcohol to a minor, delivered a controlled substance to a minor, and committed third
degree sodomy with a 14-year-old girl (Bar Applicant No.56); broke into a liquor
store, burglarized a home, stole payroll checks, and drove under the influence (Bar
Applicant No.55); and possessed marijuana and attempted to commit fraud (Bar
Applicant No.54);
Footnote 5: One case, In re Greenwood, 22 Wn.2d 684, 157 P.2d 591 (1945), does not report the misconduct for which the attorney was disbarred.
In re Clark Garen, Bar Applicant
B.A. Number 61
Pg.20
It is therefore our charge to measure Mr. Garen’s application by the standard
we have applied to others. I would be most interested to hear any explanation from
the majority as to how Mr. Garen has fallen below that standard we have set in the
prior proceedings enumerated above. Cum tacent, clamant. {Footnote 6}
Mr. Garen admitted to tax liens on Los Angeles County property, unpaid
since 1990, in the amount of a few thousand dollars. He testified before both the
Nevada and Washington committees he currently did not intend to pay the liens but
would do so when he sells other real property in Los Angeles. This is frequently the
practice since these liens show as a defect in title and new purchasers often, but not
necessarily, require clear title before closing.
Aside from simple economics, Mr. Garen testified before the Nevada
Committee he did not think the liens were legitimate and initially contested their
basis in a proceeding to contest the assessed value. But when he lost his challenge
he did not further appeal. He testified he did not pay the liens because he was very
[Footnote 6-- Their very silence is a loud cry. Cicero, In Catilinam, I, 21.]
In re Clark Garen, Bar Applicant
B.A. Number 61
Pg.21
upset about the valuation and this was the manner he elected to handle his personal
affairs. On this basis the Character and Fitness Committee concluded: “Mr.
Garen’s cavalier attitude in reference to the tax liens indicate his disregard and
disrespect for the lawful process.” Cp at 7. To the contrary, it appears Mr. Garen
fully participated in the process but rather was dissatisfied with its result.
What is missing from the committee’s conclusion, of course, is any discussion
of how Mr. Garen’s failure to pay a tax lien on real property is “immoral.” Refusal
or failure to pay property tax is malum prohibitum(Fn. 7), not malum in se(Fn. 8). Moreover,
in both California and Washington it is the property that owes the tax; there is no
personal obligation on the part of the individual to pay it. See City of Huntington
Beach v. Superior Court of Orange County, 78 Cal. App. 3d 333, 144 Cal.
Rptr. 236, 240 (1978) (“Real property taxes are imposed on the ownership of
property as such; they recur annually on a fixed date; and no personal liability arises
from their nonpayment, the sole security for the taxes being the property itself.”);
Clark-Kunzl Co. V. Williams, 78 Wn.2d 59, 63, 469 P.2d 874 (1970) (“[P]roperty
taxes are primarily in rem in character. The tax is imposed against the property
itself, not against the owners of the various interests in the land.”). One may even
acquire
Footnotes---7 & 8
Footnote - 7
A wrong prohibited; a thing which is wrong because prohibited; an act which is not inherently immoral, but becomes so because its commission is expressly forbidden by positive law; an act involving an illegality resulting from positive law. Contrasted with malum in se. Story, Ag. §346; People v. Pavlic, 227 Mich. 562, 199 N.W. 373,374, 35 A.L.R. 741. Black’s Dictionary 4TH page 1112, This definition was not enter/offered by the court.
Footnote - 8
A wrong in itself; an act or case involving illegality from the very nature of the transaction, upon principles of natural, moral, and public law. Story, Ag, § 346. State v. Shedoudy, 45 N.M. 516, 118 P.2d 280, 287. Black’s Dictionary 4TH page 1112, This definition was not enter/offered by the court.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.