Thursday, October 11, 2012

IF YOU ARE A LAWYER, YOU STAND BETWEEN THE ABUSE OF JUDICIAL POWER AND THE INDIVIDUAL.


If You Are a Lawyer

2012-10-11 16:30:23 (GMT) (JusticeNewsFlash.com - Featured, Press Release)

10/05/2012 // Hartford, CT, USA // cttriallawyers // Ted Koskoff (1913-1987) Past President CTLA // (press release)
IF YOU ARE A LAWYER, WHAT ARE YOU? WHO ARE YOU?
IF YOU ARE A LAWYER, YOU STAND BETWEEN THE ABUSE OF GOVERNMENTAL POWER AND THE INDIVIDUAL.
IF YOU ARE A LAWYER, YOU STAND BETWEEN THE ABUSE OF CORPORATE POWER AND THE INDIVIDUAL.
IF YOU ARE A LAWYER, YOU STAND BETWEEN THE ABUSE OF JUDICIAL POWER AND THE INDIVIDUAL.
IF YOU ARE A LAWYER, YOU ARE THE HAIR SHIRT TO THE SMUGNESS AND COMPLACENCY OF SOCIETY; AND
IF YOU ARE A LAWYER, YOU ARE HELPING TO MOLD THE RIGHTS OF INDIVIDUALS FOR GENERATIONS TO COME.
IN SHORT, IF YOU ARE A LAWYER, YOU ARE THE TRUSTEE OF OUR LIBERTIES.
THIS IS OUR CREED; THIS IS OUR COMMITMENT; THIS IS OUR HOLY GRAIL.
AND WHO DO WE SEE WHO HAVE PERFORMED THIS HISTORIC ROLE?
THE LAWYERS WHO HAVE SHAPED OUR DEMOCRACY.
I SAW HIM SO LONG AGO, A PHILADELPHIAN IN NEW YORK, THE FIRST PHILADELPHIA LAWYER AT THE NATION’S FIRST POLITICAL TRIAL, UPHOLDING JOHN PETER ZENGER’S RIGHT TO PUBLISH WHAT HE CHOSE, FREE FROM CENSORSHIP OR INTERFERENCE. HIS NAME WAS ANDREW HAMILTON, AND HE WAS A LAWYER.
I SAW HIM AT THE TRIAL OF CAPTAIN PRESTON, ANOTHER POLITICAL TRIAL, THE UNPOPULAR CAUSE AND CLIENT ARISING OUT OF THE BOSTON MASSACRE. HIS NAME WAS JOHN ADAMS, AND HE WAS A LAWYER.
I SAW HIM AT THAT MIRACLE IN PHILADELPHIA, THE CONSTITUTIONAL CONVENTION OF 1787, FIGHTING FOR THE BILL OF RIGHTS, THE CREDO OF AMERICAN FREEDOM NOT ADOPTED UNTIL 1789. HIS NAME WAS JAMES MADISON. HE WAS A LAWYER.
I SAW HIM PRESIDING OVER THE SUPREME COURT OF OUR LAND, THE ARCHITECT OF THE REAL POWERS OF THE SUPREME COURT. HIS NAME WAS JOHN MARSHALL, AND HE WAS A LAWYER.
I SAW HIM EXHORTING THE BATTLE CRY OF THE REPUBLIC, “GIVE ME LIBERTY, OR GIVE ME DEATH.” HIS NAME WAS PATRICK HENRY, AND HE WAS A LAWYER.
I SAW HIM AT GETTYSBURG WITH TEARS IN HIS EYES, GAUNT AND MOROSE, REDEDICATING OUR COUNTRY TO THE PRINCIPLES OF EQUAL JUSTICE FOR ALL. HIS NAME WAS ABRAHAM LINCOLN, AND HE WAS A LAWYER.
I SAW HIM, AN ELEMENTAL MAN, FIGHTING FOR ONE CAUSE OR ANOTHER IN DAYTON, TENNESSEE, PREACHING THE LEGITIMACY OF EVOLUTION. HIS NAME WAS CLARENCE DARROW, AND HE WAS A LAWYER.
I SAW HIM SPEAKING TO US FROM HIS WHEELCHAIR, LIFTING OUR SPIRITS, MAKING US STRONGER WITH HIS INSPIRATIONAL PHILOSOPHY, “THE ONLY THING WE HAVE TO FEAR IS FEAR ITSELF.” HIS NAME WAS FRANKLIN DELANO ROOSEVELT, AND HE WAS A LAWYER.
I SAW HIM IN THE SENATE HEARING ROOM IN WASHINGTON, UTTERING THAT ANGUISHED CRY FOR DECENCY. HIS NAME WAS JOSEPH WELCH, AND HE WAS A LAWYER.
AND I THOUGHT OF THE PRECIOUS MONUMENTS THEY HAD LEFT TO THEIR LIVES AND OF MILTON’S WONDERFUL COMMENT ON SHAKESPEARE THAT, “THOU IN OUR WONDER AND ASTONISHMENT HAST LEFT THYSELF A MONUMENT”. AND THEN YOU MIGHT THINK, WHAT KIND OF A MONUMENT WILL I LEAVE? NOT ONE OF BRICK AND MORTAR OR STONE, BUT A THOUGHT BECAUSE ONLY A THOUGHT LIVES.
AND, FINALLY, I THOUGHT OF THAT MARVELOUS ADMONISHMENT OF HOLMES, WHEN ALMOST A HUNDRED YEARS AGO, HE SAID, “I THINK THAT AS LIFE IS ACTION AND PASSION, IT IS REQUIRED OF MAN THAT HE SHOULD SHARE THE PASSION AND ACTION OF HIS TIME AT THE PERIL OF BEING JUDGED NOT TO HAVE LIVED.”


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4 comments:

  1. ---------- Forwarded message ----------
    From: Jim MacLeod
    Date: Fri, Oct 12, 2012 at 1:28 PM
    Subject: Re: FW: Executive ORDERS
    To: Berto Fedeli , Associates , justice for australians , Nicholas Chin
    Cc: Nicholas Chin , Brian McDermott Admin , Dick Yardley , Expendable Project , FED UP AUSSIE , Janelle Saffin , Shane Dowling , George Gault , Donna Chapman


    Bert and Brian and Nicholas
    re matters of Executive Orders in the US and a question I raised earlier today with Nicholas Chin about the judiciary and the matter of
    The Separation of Powers – The Executive – the Legislative - and the Judiciary…… this may be helpful to circulate
    Here below is his response……

    From: Nicholas N Chin [mailto:nnchin1@gmail.com]
    Sent: Friday, 12 October 2012 2:59 PM
    To: Jim Macleod
    Subject: [SPAM] Re: FW: Executive ORDERS

    THERE ARE THREE BRANCHES OF GOVERNMENT: 1) THE EXECUTIVE WHICH IS THE PRESIDENT OR OUR PRIME MINISTER. 2) THE LEGISLATIVE WHICH IS OUR PARLIAMENT WHICH PASSES THE LAWS. 3) THE JUDICIARY WHICH IS THE JUDGES. THE AMERICAN CONSTITUTION DIFFERS FROM OURS IN WHICH THE PRESIDENT HAS MORE POWERS THAN OUR PRIME MINISTER. IN AUSTRALIA THERE IS A CLEAR SEPARATION OF POWERS BETWEEN THE EXECUTIVE AND THE JUDICIARY. THIS MEANS THAT THE PRIME MINISTER CANNOT INFLUENCE THE DECISION OF THE JUDGES THE JUDGES ARE SAID TO BE INDEPENDENT OF THE JUDICIARY. THIS ENABLES THE JUDGES TO MAKE DECISION WITHOUT THE CORRUPTING INFLUENCE OF THE EXECUTIVE BRANCH OF OUR GOVERNMENT OF AUSTRALIA BOTH AT STATE AND THE FEDERAL LEVEL, IN ORDER FOR THE JUDGES TO BE INDEPENDENT, THE BAR MUST ALSO BE INDEPENDENT. THIS MEANS THAT LAWYERS MUST BE ABLE TO PRESENT THEIR CLIENTS CASE WITHOUT THE INTERFERENCE OF THE JUDGES. THE JUDGES CANNOT DISCIPLINE THE LAWYERS JUST BECAUSE THE LAWYER IS FIGHTING HIS CLIENT'S CASE IN ACCORDANCE WITH THE LAW. THAT IS THE PRINCIPLE OF RULE OF LAW MUST BE UPHELD. NO ONE AND NOT EVEN THE JUDGES ARE ABOVE THE LAW. AS LONG AS THE LAWYER IS DOING THE RIGHT THING BY THE LAW, HE CANNOT BE SACKED AS A LAWYER WHAT THE JUDGES IS DOING TO ME IS INCORRECT I.E. THEY ARE NOT PRESERVING THE INDEPENDENCE OF THE BAR. THAT IS WHY I SAID: INDEPENDENCE OF THE JUDICIARY IS A SINE QUA NON OF THE INDEPENDENCE OF THE BAR. YOU CANNOT HAVE INDEPENDENCE OF JUDICIARY WITHOUT THE INDEPENDENCE OF THE BAR.
    THE THREE POWERS OF GOVERNMENT, JUDICIARY, EXECUTIVE, LEGISLATIVE MUST BE KEPT SEPARATE. I.E. THE LEGISLATORS OR MPS CANNOT INFLUENCE THE JUDGES, THE PRIME MINISTER OR CABINET CANNOT

    ReplyDelete
  2. INFLUENCE THE LEGISLATORS ETC.
    THAT IS WHY I SAID THE JUDGES OR THE JUDICIARY MUST HAVE INTEGRITY AND CANNOT BE DISHONEST. JUDGES CANNOT PRETEND TO JUDGE WHEN THEY CANNOT GIVE REASON FOR THEIR JUDGEMENT. THE JUDGES HAVE TO BE ACCOUNTABLE TO THE PEOPLE OF AUSTRALIA. THEY CANNOT HIDE BEHIND THEIR POSITIONS AND EXERCISE THEIR POWERS ARBITRARILY WITHOUT GIVING REASONS FOR THEIR JUDGMENT. THEIR JUDGEMENT MUST BE MADE PUBLIC SO THAT THE PEOPLE CAN UNDERSTAND THEIR JUDGEMENT. THEIR JUDGMENT CAN BE UNDERSTOOD BY THE COMMON PEOPLE BECAUSE THE COMMON LAW IS BASED UPON THE COMMON SENSE OF THE ORDINARY PEOPLE. ONCE THE JUDGE AVOIDED THE ISSUES BEFORE THEM THEY ARE DISHONEST AND THEY SHOULD BE SACKED.

    On Fri, Oct 12, 2012 at 8:40 AM, Jim Macleod wrote:
    Nicholas – what are your thoughts about this item and matters of Executive orders in the time of Obama in the US and
    How we have recently been canvassing the matters of Separation of Powers

    From: Admin [mailto:admin@freestatevoice.com.au]
    Sent: Friday, 12 October 2012 11:23 AM
    To: UNITED FREESTATES GROUP
    Subject: FW: Executive ORDERS


    ------ Forwarded Message
    From: John New
    Date: Thu, 11 Oct 2012 19:48:35 +1000
    To: John New
    Subject: FW: Executive ORDERS


    Are they not doing the same in our Federal Government? Just think about all the so called “ACTS” they secretly make for National and International control without proper disclosure and debate so that the people know about them. How about some debate and possible referenda so that the people can justly make the right decisions. There appears to be a Socialist agenda to destroy our Constitution and prepare our Nation for a take- over by a One World Government. I find it very strange that that none of our Politicians nor our Media ever mention the one World Government because it is a real fact?


    From: Gerry Swindale [mailto:grs@parquet.com.au]
    Sent: Tuesday, 2 October 2012 8:20 AM
    To: Gerry Swindale
    Subject: Re: Executive ORDERS




    Sent: Monday, 1 October 2012 12:18 PM
    Subject: Re: Executive ORDERS


    Hi, . . . . . Big Brother will find it easy to take control. I wonder what our Government is up to.

    ReplyDelete
  3. im MacLeod
    5:24 AM (13 hours ago)

    to Jonathan, me
    Hello Jonathan
    Recently I was contacted by a Nicholas Chin in WA regarding a colleague of his Dr Kheng Su Chan and matters she has regarding the WA Public trustee currently handling her finances due to being inappropriately designated mentally unsound..

    She has personally contacted me twice in the hope of encouraging me to support her quest for justice –
    she has been allegedly been deemed “mentally unsound” in what appears to be extraordinary circumstances and has matters of administration coming up where she hopes to challenge the validity of her circumstances and have the
    matters taken out of the hands of the Public Trustee.

    The email address first approached bounced – see the email attached and Nicholas Chin response

    Nicholas can be contacted on the above email he also has blogs
    http://wwwnicholasnchin.blogspot.com.au/2012/10/if-you-are-lawyer-you-stand-between.html?showComment=1350020488480#c1793997854265798867

    There is a simple statement that Dr Chan wishes me to put to the people hearing her matters – however it seems to lodge that I need to have the appropriate process established see attached
    It seems when this is completed I get checked and then get send a password for login purposes and then can put the statement for Dr Chan on her behalf.

    Time is of the essence hear Jonathan. As always I value and appreciate the help that ARAFMI has afforded over time.
    If you have further questions please get in touch Tel: (02) 6646 3993

    Regards

    Jim MacLeod

    From: Jonathan Harms [mailto:Jonathan.Harms@arafmi.org]
    Sent: Tuesday, 25 September 2012 4:08 PM
    To: jim.macleod@nor.com.au
    Subject: [SPAM] RE: [SPAM] Membership and Annual General Meeting Invitation

    Jim,

    We are always happy to have you on board and keeping us in contact with Northern Rivers.

    I will make sure you are still on our carer consultant list and when consultations come around you can be of great assistance in recruiting participants etc.

    In addition, we are always interested in any systemic issues which you may have encountered and which you think we need to raise.

    Apart from that we will keep you updated on any opportunities to develop the organisation further in that area.

    Regards,

    JONATHAN HARMS
    CEO Mental Health Carers ARAFMI NSW Inc
    Box 88-78 William Street, WOOLLOOMOOLOO NSW 2011
    Phone: (02) 9332 0707 Fax: 9332 0778
    Jonathan.harms@arafmi.org
    www.arafmi.org

    ReplyDelete
  4. Thanks for the wonderful blog.Sydney Probate Lawyers is a boutique law firm based in the heart of Sydney’s CBD, specialising in Probate Law.Probate Solicitors Sydney

    ReplyDelete