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A 50-Year Career Lawyer Speaks Out
When a lawyer puts on a robe and takes the bench,
he or she is called a judge. But in reality,
when judges look down from the bench they are lawyers
looking upon fellow members of their fraternity.
In any other area of the free-enterprise system,
this would be seen as a conflict of interest.
By the time I ended my 50-year career as a trial attorney,
judge and president of southern Arizona's largest law firm,
I no longer had confidence in the legal fraternity
I had participated in and, yes, profited from.
--John F. Molloy
(No wonder members of the Bar Association resort to telling lies
to deceive the People about J.A.I.L. They don't want their cozy
fraternity with judges destroyed!)
http://www.ahrc.com/new/index.php/src/news/sub/article/action/ShowMedia/id/2126
Law loses its way
Today the skill and gamesmanship of lawyers, not the truth, often
determine the outcome of a case
March 30, 2005
By John F. Molloy
Copyright John f. Molloy
Tucson, Arizona -
When I began practicing law in 1946, justice was much simpler. I
joined a small Tucson practice at a salary of $250 a month,
excellent compensation for a beginning lawyer. There was no
paralegal staff or expensive artwork on the walls.
In those days, the judicial system was straightforward and
efficient. Decisions were handed down by judges who applied the
law as outlined by the Constitution and state legislatures. Cases
went to trial in a month or two, not years. In the courtroom, the
focus was on uncovering and determining truth and fact.
I charged clients by what I was able to accomplish for them.
The clock did not start ticking the minute they walked through the
door.
Looking back
The legal profession has evolved dramatically during my 87
years. I am a second-generation lawyer from an Irish immigrant
family that settled in Yuma. My father, who passed the Bar with a
fifth-grade education, ended up arguing a case before the U.S.
Supreme Court during his career.
The law changed dramatically during my years in the profession.
For example, when I accepted my first appointment as a Pima County
judge in 1957, I saw that lawyers expected me to act more as a
referee than a judge. The county court I presided over resembled a
gladiator arena, with dueling lawyers jockeying for points and
one-upping each other with calculated and ingenuous briefs.
That was just the beginning.
By the time I ended my 50-year career as a trial attorney, judge
and president of southern Arizona's largest law firm, I no longer
had confidence in the legal fraternity I had participated in and,
yes, profited from.
I was the ultimate insider, but as I looked back, I felt I
had to write a book about serious issues in the legal profession
and the implications for clients and society as a whole. The
Fraternity: Lawyers and Judges in Collusion was 10 years in the
making and has become my call to action for legal reform.
Disturbing evolution
Our Constitution intended that only elected lawmakers be permitted
to create law.
Yet judges create their own law in the judicial system based
on their own opinions and rulings. It's called case law, and it is
churned out daily through the rulings of judges. When a judge
hands down a ruling and that ruling survives appeal with the
next tier of judges, it then becomes case law, or legal precedent.
This now happens so consistently that we've become more subject to
the case rulings of judges rather than to laws made by the
lawmaking bodies outlined in our Constitution.
This case-law system is a constitutional nightmare because it
continuously modifies Constitutional intent. For lawyers, however,
it creates endless business opportunities. That's because case law
is technically complicated and requires a lawyer's expertise to
guide and move you through the
system.
The judicial system may begin with enacted laws, but the
variations that result from a judge's application of case law all
too often change the ultimate meaning.
Lawyer domination
When a lawyer puts on a robe and takes the bench, he or she is
called a judge. But in reality, when judges look down from the
bench they are lawyers looking upon fellow members of their
fraternity. In any other area of the free-enterprise system, this
would be seen as a conflict of interest.
When a lawyer takes an oath as a judge, it merely enhances
the ruling class of lawyers and judges. First of all, in Maricopa
and Pima counties, judges are not elected but nominated by
committees of lawyers, along with concerned citizens.
How can they be expected not to be beholden to those who
elevated them to the bench?
When they leave the bench, many return to large and
successful law firms that leverage their names and relationships.
Business of law
The concept of "time" has been converted into enormous
revenue for lawyers. The profession has adopted elaborate systems
where clients are billed for a lawyer's time in six-minute
increments. The paralegal profession is another brainchild of the
fraternity, created as an additional tracking and
revenue center. High-powered firms have departmentalized their
services into separate profit centers for probate and trusts,
trial, commercial, and so forth.
The once-honorable profession of law now fully functions as a
bottom-line business, driven by greed and the pursuit of power and
wealth, even shaping the laws of the United States outside the
elected Congress and state legislatures.
Bureaucratic design
Today the skill and gamesmanship of lawyers, not the truth,
often determine the outcome of a case. And we lawyers love it. All
the tools are there to obscure and confound. The system's process
of discovery and the exclusionary rule often work to keep vital
information off-limits to jurors and
make cases so convoluted and complex that only lawyers and judges
understand them.
The net effect has been to increase our need for lawyers, create
more work for them, clog the courts and ensure that most cases
never go to trial and are, instead, plea-bargained and
compromised. All the while the clock is ticking, and the monster
is being fed.
The sullying of American law has resulted in a fountain of money
for law professionals while the common people, who are
increasingly affected by lawyer-driven changes and an expensive,
self-serving bureaucracy, are left confused and ill-served.
Today, it is estimated that 70 percent of low- to middle-income
citizens can no longer afford the cost of justice in America. What
would our Founding Fathers think?
This devolution of lawmaking by the judiciary has been
subtle, taking place incrementally over decades. But today, it's
engrained in our legal system, and few even question it. But the
result is clear. Individuals can no longer participate in the
legal system. It has become too complex and too
expensive, all the while feeding our dependency on lawyers.
By complicating the law, lawyers have achieved the ultimate
job security. Gone are the days when American courts functioned to
serve justice simply and swiftly.
It is estimated that 95 million legal actions now pass through the
courts annually, and the time and expense for a plaintiff or
defendant in our legal system can be absolutely overwhelming.
Surely it's time to question what has happened to our justice
system and to wonder if it is possible to return to a system that
truly does protect us from wrongs.
About the Author
John F. Molloy served as Chief Justice on the Arizona Court of
Appeals
For more information, please check out the articles listed below:
a.
The Lawsuit Lottery - Benjamin and Douglass Lodmell
b. My
First Rodeo - Riding the Homeowner Association Litigation Vortex -
Richard Craig
c.
Snoring Texas Judge Awakens, Slams Child Care Owners with $19,000
Legal Fees For CAI Attorney - Geneva Kirk Brooks
d. AN
UNJUST JUSTICE SYSTEM - Peter Amherst
e.
BUYING AWAY YOUR CONSTITUTIONAL RIGHTS - A. R. Ross
f.
Please tell me where the justice is! - Mark Taylor