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To: Henrietta
See IN RE GRIFFITHS, 413 U.S. 717 (1973) for the USSC case that states that attorneys are not officers of the court in the same sense that most people wrongly think. Scroll down to 413 U.S. 717, 728 for the most applicable part of this opinion.
780 posted on 07/22/2002 11:08:15 PM PDT by connectthedots
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To: connectthedots
I disagree with your interpretation of this case. It doesn't say that attorneys aren't "officers of the court," it says that attorneys are not "officers" in the ordinary meaning of that term.

Here, the Court said
"It has been stated many times that lawyers are `officers of the court.' One of the most frequently repeated statements to this effect appears in Ex parte Garland, 4 Wall. 333, 378. The Court pointed out there, however, that an attorney was not an `officer' within the ordinary meaning of that term. Certainly nothing that was said in Ex parte Garland or in any other case decided by this Court places attorneys in the same category as marshals, bailiffs, court clerks or judges. Unlike these officials a lawyer is engaged in a private profession, important though [413 U.S. 717, 729] it be to our system of justice. In general he makes his own decisions, follows his own best judgment, collects his own fees and runs his own business. The word `officer' as it has always been applied to lawyers conveys quite a different meaning from the word `officer' as applied to people serving as officers within the conventional meaning of that term." Id., at 405 (footnote omitted).

One needs to read the case in its entirety to understand why the term "officers" is important to this particular case. You can't just go thru and pick out sentences out of context and then say that they mean what you want them to mean.

870 posted on 07/23/2002 8:29:03 AM PDT by Henrietta
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