JUDICIAL VICTIMS IN AMERICA
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WHAT JUDICIAL |
A REVIEW OF OUR PERSONAL RIGHTS
Most of our personal rights as American citizens are rooted in the U.S. Constitution, the Bill of Rights and the Constitution in the state where we reside. Most state constitutions are a mirrored version of the U.S. Constitution. Other than our Constitutional rights, we have certain unwritten rights derived from English common law.
The primary concern at the beginning of our nation was the safeguard of our personal rights and freedoms from the intrusion of a "National" or "Federal" government in our personal lives. That concern has continued and in fact has developed into not merely a concern but a major fear by many Americans today.
Our most important personal rights are spelled out in the U.S. Constitution. We will list some of those personal rights and some analysis of the threats we face today with those rights;
1. Right To A Jury Trial:
Under Article VII, we are promised that the right to a jury trial shall be preserved. It does not say that any court rule can terminate our right to a jury. Yet there are court rules today that do exactly that. If the court sets a fee for a jury and it is not paid you lose your right to a jury.
2. Right To Due Process Of Law:
Under Article V, we are promised that we shall not be deprived of life, liberty or property without due process of law. Not a day passes in America that some unsuspecting litigant in the judicial system is deprived of life, liberty or property without due process of law.
3. Right To Equal Protection Of Laws:
Article XIV affords us equal protection of the laws. In the judicial system today there is a rule called "attorney privilege". There is no rule called "litigant privilege". The very existence of privilege for one and not for the other suggests a lack of equal protection of the laws.
4. Right To Freedom Of Speech:
The first Article gives us a guarantee of freedom of speech. The American judicial system has become a closed membership of lawyers and lawyer-judges. Free speech is greatly suppressed by the lawyer-based system.
5. Right To Freedom Of Religion:
The first Article gives us freedom of religion and prohibits the state from establishing a religion. Yet in most public schools today the mere appearance Christian religion is taboo. In those same schools atheism is permitted to be taught. There may be a school class with 30 students with 29 wanting a Christmas program depicting the birth of Christ and one atheist who doesn't want to participate. Ironically the 29 are denied their practice in favor of the one who practices atheism.
6. Right To Vote:
The right to vote is guaranteed in Article XIX of the U.S. Constitution. We continue to hear horror stories about certain classes of people being kept away from the voting booths.
7. Right To Hold Public Office:
The U.S. Constitution guarantees us the right to hold public office. Political parties as they are organized today can easily dispense with this right by spending large sums of money on a candidate of their choice.
8. Right To Bear Arms:
Article II of the U.S. Constitution gives us the right to bear arms. In recent years this right has been continuously threatened. We could well be headed for the time when only criminals have guns illegally and the public is barred from having guns legally.
9. Right To Individual Privacy:
While the Constitution illudes to our right to privacy, it is not spelled out. The fourth Article guards our privacy against illegal search and seizure. Common law affords us the right to privacy. Most states now recognize individual right to privacy. Probably the right to privacy has come under attack more than any other right within recent years through bugging, tapping phones, surveillance, computer search, judicial depositions and other deceptive practices.
10. Right To Enjoyment Of Property:
We have the right to "quiet enjoyment" of our property. This has come under attack in recent years along with the right to privacy and continues to be a battle. The state is one of the greatest threats against enjoyment of property today. Crime is another big threat. There is a property crime in America every 3 seconds.
11. Right To Represent Yourself In Court
If you are around a Courtroom long enough as a non-lawyer pro se litigant you will hear the lawyer-judge either admonish or demand you hire a lawyer to represent you. Don't fall for this line, you have a constitutional right to represent yourself and don't give up that right. Recently I was in a court for a hearing and the lawyer-judge suggested I hire a lawyer. To which I replied the last lawyer to represent me several years ago cost me a half million dollars and that would be the last lawyer to ever represent me. I won the case without a lawyer.
WHAT YOU CAN DO AS A VICTIM OF THE JUDICIAL SYSTEM
The American judicial system makes every effort to downplay and actually hide the transgressions of a justice system that churns out judicial victims daily in the courts of America.
There are two classes of judicial victims. Those who have been victimized in litigation or lawyer contact, now concluded and those who are being victimized in ongoing litigation or lawyer contact. There are recourse actions for both groups. While you cannot be guaranteed success on any action, non-action is the worst action of all.
1. FOR VICTIMS WHERE LITIGATION HAS CONCLUDED:
1. Formal Complaint: If your's is a lawyer-based transgression-actions should be pursued vigorously. Lawyers are "officers of the court" and should be held to a higher standard. File a formal written complaint with the state bar disciplinary department in which the transgression occurred. Most commonly the lawyer-based transgressions include but are not limited to; theft, fraud, deception of court, legal malpractice, obstruction of justice, dishonesty and misrepresentation. A simple form is available to be completed and filed with the disciplinary arm of the state bar. Realize this, that the state bar is part of the dominant lawyer culture and the lawyer self-regulation here resembles Dracula in charge of the bloodbank. Nevertheless a formal complaint should be filed if for no other reason than to get the complaint on record. If the transgression is "judge-based" then a formal written complaint should be filed with the judicial standards commission in your state. Your luck here will be similar to the state bar but a formal complaint should be lodged for the record.
2. Judicial Or Criminal Complaint: Most transgressions can be characterized as a tort or a crime in a court of law. If you have been damaged as a victim through judicial abuse and this includes lawyer abuse then you may have recourse through the filing of either a civil complaint in the courts or the filing of a criminal complaint with law enforcement agencies. You will have to check the governing state statutes to be sure. Be sure the statute of limitations does not run out on you in the filing of a civil complaint. If you need help representing yourself or filing your complaint contact United Citizens For Legal Reform for assistance through their "Information Membership Sharing Program".
3. Complaint To State Victims Fund: At last count forty five states have a fund to partially reimburse victims of lawyer theft. Some of the funds are administered by the state and others are administered by the bar associations. First you must discover if your state has one of these funds and then if a fund is available file your complaint.
4. Can you sue a judge or a lawyer? You bet you can and thousands are doing just that. Can you be successful? That's questionable because of the Dracula in charge of the bloodbank factor. Chance of success will be much greater if you learn how to file and prosecute the lawsuit yourself as a non-lawyer pro se litigant. If you need help contact United Citizens For Legal Reform for assistance through their "Information Membership Sharing Program". Many UCLR members have maintained lawsuits against lawyers, judges and courts around the nation.
5. Register in the National Databank as a Victim: You can register as a victim on this site, exposing lawyers and lawyer-judges. While it may not result in immediate assistance for you personally, this databank is invaluable for reference, the legal justice reform movement nationwide and planned federal class action lawsuits.
2. FOR VICTIMS WHERE LITIGATION IS STILL ONGOING:
1. Taking Over Or Pursuing Your Case Pro Se: Many litigants become victims in ongoing litigation where the lawyer sham is to drag the case. This is generally done by lawyers to cause great expense, time, stress and inconvenience. Thousands of litigants have discovered that with just a little law library research, they can take over their own case. Taking over in pro se representation totally frustrates the system and the sends a message to your adversary lawyer that the shoe is now on the other foot-where expense, time, stress and inconvenience is now on your side rather than against you. This same principle applies if you have already completed a phase of litigation and are contemplating going on appeal or back into the system as the plaintiff with a money damage complaint.
2. Bankruptcy Petitions: Many litigants who have become victims have slipped through the legal cracks with a bankruptcy petition either a chapter 7, 13, or 11. If you are in state courts, these courts lose jurisdiction to the federal bankruptcy court. The trustee has to make the determination if he wants to continue your litigation in the state court on behalf of the bankruptcy estate. This is particularly a good option if you have been unjustly victimized with a big judgement. In exploring this option, you have to determine if your losses would be greater if you stay in the fight or seek to discharge your judgement in bankruptcy.
3. Contingency Lawyers: Some lawyers will take your case on a contingency basis if they believe you have a good chance of winning. Most contingent lawyers charge 1/3 of the judgement recovered. Be careful to get an agreement from your contingency lawyer that "costs" are going to be paid by the lawyer.
4. Prepaid Legal Service: A nationwide prepaid legal service plan is available through United Citizens For Legal Reform at a cost of $300 per year. This plan offers unlimited legal consultation with a law firm in your area and is invaluable if you are representing yourself and need legal advice along the way.
Based upon research and statistics available-a good guess is there are millions of victims in many categories. Following are some of the judicial victim categories;
1. Victims Of Lawyer Theft: Research shows this is a large category and exceeds all types of formal complaints against
lawyers nationwide. Theft occurs in a number of ways. Most common manner of theft is when a lawyer collects funds from his client-or on behalf of his client which are to be held in a trust account to be disbursed to a third party for a specific purpose or to be disbursed to the client. A civil and criminal action is encouraged.
2. Victims Of Lawyer Malpractice: Victims in this category are most common. A lawyer can be guilty of the sin of omission or commission and in either case create malpractice action for his client. Most malpractice transgressions occur through slothfulness of the lawyer in one form or the other. Other
malpractice transgressions occur through dishonesty, fraud and a variety of actions or non-actions. A formal complaint with the state bar and generally a civil complaint is encouraged. There are about 400 lawyers nationwide who will consider malpractice lawsuits against other lawyers. Many malpractice victims will handle this lawsuit pro se simply because of the politics in the system. Be sure you get a jury for your malpractice case!
3. Victims Of Lawyer Fraud: Victims of this category are many and few realize it. Lawyer fraud can be disguised and redefined to be another issue or excuse. Nevertheless victims are born and emerge from the system. A formal complaint with the state bar and generally civil complaint is encouraged as in #2 above.
4. Victims Of Deception Of Court: Deception of court may be caused by lawyers on either side of the litigation. This transgression occurs frequently in court cases. The court is simply misled to believe evidence and testimony other than the facts and the truth. This can often result in obstruction of justice and a formal complaint should be filed in the case with the trial court as a part of the preceding before judgement is rendered. If no action is taken by the trial court, you now have it on record for appellate action in a higher court if a judgement goes against you. Keep in mind any issue you fail to raise in a trial court cannot be raised anew in your appeal to a higher court.
5. Dishonesty And Misrepresentation: Lawyers are given to the proposition that truth is not an abstract but a hundred shades of gray. Few court verdicts are rendered based upon truth and honesty but on "case law" or judicial discretion. Once again if it appears that dishonesty and misrepresentation is going to make a victim out of you, lodge a formal complaint before the trial court enters a judgement so that the issue may be raised on appeal.
6. Victims Of Criminal Action: We are all direct or indirect victims of the revolving door criminal justice system in the USA. Probably a class action lawsuit would be in order. Direct victims of crime generally have two actions of recourse. First will be the recourse with the state in prosecuting the crime and secondly will be a civil complaint for your actual and punitive damages if it appears worthwhile.
Most victims of the judicial system remain victims with no action against their offenders. Why is this so and what can be
done to change the end result? This travesty of justice occurs because the judicial system is lawyer-based and is the concept of authority, it is self-regulated by lawyers and it takes real perseverance for a victim of the system to prevail.
Ignorance Of The System Creates Most Victims
In addition to the recourse actions given in this guide, there is one other action that may be most important of all. Victims of the judicial system need to educate themselves about the system, the rules, how to represent yourself in court and how to do research in the law library. Ask for free information reports on these subjects from The Self Help Law Centers Of America at (http://www.atps.com/shlc).
Don't Underestimate The Power Of Self-Representation
Many victims of the system have sufficiently educated themselves to take over their own legal affairs without the use of a lawyer. No one knows your case or has a greater interest in the case than you do. Under the U.S. Constitution you can represent yourself. As difficult as it is to find a lawyer to take your malpractice case, you may have to file the complaint yourself. If you have a strong case, just the filing of the complaint may force a settlement with a lawyer guilty of malpractice. He may not want to run the risk of a public record or disbarment.
In Illinois, a school teacher was the victim of lawyer fraud, malpractice and other judicial transgressions. She embarked upon a course of self study that lasted eight years but it paid off. She presented her case to a jury of her peers and was awarded a $225,000.00 judgement, one lawyer was disbarred and another settled out of court for $65,000.00. This was a very complex case and many cases are much more simple than this one.
There are thousands of victims in America who have been victimized by lawyer deceit, fraud, theft and malpractice. There are thousands more political victims, victimized by lawyer-judges who hide behind their judicial immunity, judicial discretion and outright blatant arrogance to deny litigants their constitutional rights-especially the growing ranks of non-lawyer pro se litigants. I sincerely wish we could say just call this number and you will get the solution and answers to your questions. Unfortunately it is not that simple! Our goal and objective is to spotlight the judicial victimization until one day America will rise up and say enough is enough! Until that day comes there are still actions that judicial victims can take. Taken on the whole these actions are effective. Singularly they may not be so effective.
Topping the list of actions victims can take is to register on this site with the national victims databank-naming their alleged perpetrator(s). This databank is sponsored by United Citizens by Legal Reform and you can register on the home page.
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