PROPOSAL TO THE PENNSYLVANIA JUDICIARY COMMITTEE AND THE LEGISLATURE:
Repeal PA Constitution Article V - Section 10
This Article is in violation of the U.S. Constitution in two ways- it violates the mandate that only Congress can pass laws; and it usurps the checks and balance mechanism that is crucial for a democratic system. The current structure of the legal system is impotent, and entirely self-defeating of the principles of an impartial court system. To have a self-regulated branch of government, has created a venue for racketeering. There is no motivation for an attorney to expeditiously end a legal matter with the absurd hourly fee structure; they are further pressured by law firms who inflict profit quotas on their employees. While the Supreme Court claimed it must be “independent” to function- what they have really become is a rogue and suppressive branch of government- promoting collusion of judges and attorneys to furthering the profits of the bar association members.
This system became enabled as a direct result of defective legislation passed in 1968- when the Pennsylvania Constitution was disastrously amended with Article V –most egregiously Section 10 (c) –misinterpreted by lawyers as giving the legal profession self- regulatory powers. Amendment V was perverted over the years- as they insidiously began “making rules” which in effect were “laws” that impede and distort the justice system. The U.S. Constitution mandates that only Congress can pass laws, however, in many states this provision has been mutilated by bar associations-who formed “committees” to make “rules.” Although the Pennsylvania Rules Committee claims “rules” are not the same as “laws” – they are nothing more than vehicles for lawyers and judges to commit what would be considered crimes in any other venue.
1) Common Pleas Courts Needs To Be Monitored At The County Level - by an impartial non-attorney agency. The source of the corruption and collusion is at the Common Pleas level. .The Judicial Conduct Board is completely impotent as it stands now.
|
7) Laws and Rules can only be passed by the Legislature:. The legal system has been made into a game of manipulation for self- enrichment of attorneys. They use it to expand cases and distract from the real issues of the law.- using procedural rules to usurp substantive law- -The General Assembly needs to reempowered.
|
2) Sovereign Immunity, Self–Recusal And Interlocutory Orders Are In Consistent With The U.S. Constitution System Of Checks And Balances – they are absurd and undemocratic and must be ELIMINATED. This is not a monarchy- there are no kings and queens in the U.S. We are all subject to the same standards and laws- self-regulation has shown itself to be disastrous.
|
8) Judges Need to be certified, as do Attorneys in the Areas of Laws they claim to be competent in...currently incompetent untrained individuals have been able to make their way on to the bench, and attorneys misrepresent their skills to procure retainers. . And it promotes and perpetuates adverse judicial conduct. . And the argument that “judges will be inhibited to do their job ” is nonsense and rhetoric spread by their cronies in the bar association. Only the corrupt judges will have their behavior inhibited.
|
3) Family Court Must Be All Mediation- the commerce of the bar associations must be removed. Attorneys are perpetrating crimes against families by extending cases to steal marital assets- enticed by financial transparency of the divorce process.
|
9) The Code Of Conduct For Attorneys Needs To Be Made Actionable at Law -as it is now there is no cause of action that can be used in civil suits..as one attorney said to me- they don’t have to follow the Code- its merely a suggestion. So they can feel free to lie and perpetrate crimes against the opposing party. ABUSE OF PROCESS IS A RAMPANT PROBLEM!
|
4) Mandatory Independent Escrow Account Agencies That Hold All Attorney Retainers- it is absurd that the bar association maintains a “fund” to reimburse victims of attorney conversion of escrow funds. This is like treating the symptoms of a disease and failing to vaccinate the population with available inoculations. Funds would only be released upon agreement of both clients and attorneys.
|
10) Cap Attorney Fees.. Physicians Have Their Fees Controlled- Healthcare Is Not A Luxury Is Neither Is Justice. Pro Se services are a myth-there is NO HELP for anyone who is not mentally disabled or has any assets whatsoever. That excludes legal representation for the majority of the U.S. Population.
|
5) Pro Se Litigants Should Be A Protected Group Under The Civil Rights Amendment. It is a Constitutional right to represent yourself in civil matters. Currently discrimination is rampant, to the point where judge will not allow videos in the court room. .
|
11) Anyone Sitting In The Legislature Must Be Banned From Being Active Members Of Any Bar Association! This is an obvious conflict of interest
|
6) Video Cameras Allowed In Every Courtroom Upon Request By The Plaintiff Or Defendant– this is a right that was decided by the U.S. Supreme Court. (SEE http://www.aclu-il.org/wp-content/uploads/2012/05/Alvarez_ruling.pdf
|
12) Legalize Paralegal Assistance For Civil Filings- currently the bar associations have obstructed this- because it would interfere with their profits. Paralegals can do many of the processing at a fraction of the fees that attorneys charge. ( Attorneys even charge $95 per hour just for services by their clerical staff – which is twice the rate of most paralegals)
|
SIGNED: ______________________________________
Address: ______________________________________
These Changes Are Criticial To Renew The Integrity To The Judicial System
