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Unalienable Rights Foundation - Illegal separate emoluments or privileges for Judges and Lawyers
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Welcome to Unalienable Rights Foundation!


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 Illegal separate emoluments or privileges for Judges and Lawyers

Public  Watch  Dog

Courts Daily Violate the U.S. CONSTITUTION

The mere fact that the Journal acknowledges that a Public reprimand is rare makes our Case

What is the violation, you ask?

The Constitution of Virginia [1971]

Article 1 Bill of Rights.

Section 4. No exclusive emoluments or privileges; offices not to be hereditary. — That no man, or set of men, is entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary.

When a judge or lawyer violates the promulgations that touch and concern [1] their position under which they hold a position under the government of this state or [2]  a license/privilege granted by the state the discipline/punishment they receive for such violations of the promulgations should not be withheld from the people of this Commonwealth.    Yet we see where in-fact that is not the case. When we  see that the Legislature and the Courts of this Commonwealth have special privacy rules for its members, in which the bad conduct or the failure to follow the rules, that touch and concern judges and lawyers of the Commonwealth are not disclosed we in fact have exclusive or separate emoluments or privileges from the community.  Is this not a violation of the Constitution of Virginia?

 

++

D.C. Circuit Issues Rare Public Reprimand of Lawyer"These failings were not a matter of mere oversight or poor law practice housekeeping," court says about attorney.

(l-r) Patricia Millett, Robert Wilkins, and Judith Rogers.

A lawyer in Washington who showed “a palpable lack of respect for both this court and the disciplinary process" received a rare public reprimand Tuesday by the U.S. Court of Appeals for the D.C. Circuit.

Kevin McCants, a solo practitioner in Washington, was disciplined for failing to take action on behalf of his client and failing to communicate with the client. The three-judge panel also chided him for demonstrating a “cavalier attitude” toward the court’s orders during the disciplinary process. The case is sealed except for the reprimand. Few other details are known.

“Moreover, it is also clear that these failings were not a matter of mere oversight or poor law practice housekeeping,” Judges Judith Rogers, Patricia Millett and Robert Wilkins wrote in the reprimand. “In addition, [McCants] has offered inconsistent explanations for his conduct, suggesting a distinct lack of candor. This lack of candor, among other factors, counsels against diversion and in favor of discipline.”

In a phone interview on Wednesday, McCants said he didn’t file pleadings because he refused to represent the client, who had been difficult to work with. The client, whom McCants declined to name, citing the confidentiality of the disciplinary proceedings, “was looking for an ineffective [assistance of counsel] claim from the start,” he said.

"It was just unfortunate," McCants said. “I’m prepared to move past it."

Unlike a suspension or disbarment, the reprimand doesn’t affect McCants’ ability to practice in the court. He has no history of discipline in the D.C. Bar, which he’s been a member of since 2005.

The Office of Bar Counsel investigates hundreds of complaints each year against members of the D.C. Bar, but they're much less common in the federal courts.

Lawyers who practice in the federal trial and appeals courts typically belong to the bars of those courts, separate from membership in the D.C. Bar. The federal courts each have their own disciplinary system. The D.C. Circuit on average handles about 20 discipline cases each year, according to court records.

Most disciplinary matters in the D.C Circuit involve lawyers who were already disciplined elsewhere or lawyers convicted of a crime. Cases that arise from allegations of misconduct before the D.C. Circuit, known as original discipline, are in the minority, said Barry Cohen, chairman of the D.C. Circuit’s Advisory Committee on Admissions and Grievances. The committee investigates disciplinary cases and makes recommendations to the court, which ultimately decides whether to sanction a lawyer.

Cohen, a member of the committee since 2008, said he could only recall a handful of original-discipline cases. He declined to comment on the McCants matter.

“This is the court of appeals, it’s not like a trial court. What happens in courts of appeals? People file papers, they have oral arguments—there’s not a lot of ways that bad things can happen there,” Cohen said.

Arthur Burger, who leads the professional-responsibility practice at Jackson & Campbell in Washington, said that the smaller pool of high-caliber lawyers who typically practice in the D.C. Circuit was one reason it was unusual to see the court take disciplinary action against a lawyer.

The court can refer disciplinary matters to the Office of Bar Counsel to investigate rather than pursue them internally. The Office of Bar Counsel does not track how many referrals it receives from the D.C. Circuit, Bar Counsel Wallace “Gene” Shipp Jr. said.

“We have relationships with all of the courts to make referrals to us,” Shipp said in an email. “Sometimes we work together on cases or they refer the matter us to conduct the investigation.”

When the D.C. Circuit does take up a case, it could be that the judges want to send a message to the lawyers who practice in that court, Burger said.

“They may want to put down a marker for their expectations of the lawyers that appear in the circuit,” Burger said. “This is a way for them to set that marker and not necessarily be beholden to the priorities or the timing or the perspective of bar counsel.”

 




 
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