Saturday, 1 October 2016

263. The Lack of Light on the Lonely Road to Find NO Justice has Caught up with Me!

VIEWS@16,966

 There are so many amazing people out there, the nurses, volunteers, care-givers, the physically and mentally challenged individuals who will damn well make their lives worthwhile, no matter WHAT it takes! Watching the Para-Olympics was incredible, and touching.

Then to observe the utter insanity of war and destruction. Is there just more evil than there is good? For the longest of time I thought my 4 + years in concentration camps as a child had given me an advantage of extra strength and appreciation for that 'one life time' experience we are given.

It had made me curious about mankind with its amazing potential feats. Why we do the things we do? At 16, I was fortunate enough to emigrate to Canada to live with family in Alberta, where I attended high school, worked for 75 cents per hour after school, to save $150 so I could go skiing in my first car.  Then off to Theatre School in London, England, where I discovered more about our fascinating human species through deep and subtle texts in plays written in the English language.

I had decided I was wanting to make worthwhile films about the human condition. However, a far different obstacle confronted me after graduating and returning to Canada. I was 21 and the realities associated with competition for work began to surface.  Hired as a Stage-Hand at CBC TV in Toronto, I was told I could work my way up to become a TV producer. But after applying for a floor-director opening some 4 times, and not getting the job, each time I discovered some cousin or nephew from a CBC administrator had gotten it.

Getting nowhere, I quit and started my own Theatre Company and did very well for several years. Then again, when wanting to do bigger productions, I was exposed to the politics of compliance by connection. After doing some 30 educational documentaries with my Film Company, realizing that to succeed I would have to become someone I was not, I left that 'Business,' bought a farm, and became a farmer, only to realize that POLITICS are present everywhere, even in the country when dealing with feed and cattle.

Buy HIGH, sell LOW.  The market manipulators, like the drovers, feed-suppliers and the banks had it all figured out! It was a well-oiled seasonal ploy by those who controlled it. The bank was going to front me for 50 young steer shipped in at circa 400 pounds from Alberta. I would feed them up on my nice trefoil fields until mid-October, then sell them to the feed lots. Bought at 60 cents a pound, by mid-October they went, best price, for 40 cents a pound, the 200 pounds gained not making up for the difference. I literally had to pay the supplier $500 extra for the 5 months looking after them, and NOT loosing one 'cattle beast'! Nuts. Welcome to reality.

Farmers are the slaves of the land. I mean small farmers, the mom and pop type, not the large grain conglomerates. So I experienced a whole different segment of society. I took 5 years of it, before moving my family West.

I managed to make some money on the sale of the Farm, after having renovated the entire house.  This more than allowed me to put a down-payment on 10 acres here on Hornby. To create work (there was no work here in 1976), I re-invented the wood-burning stove by bringing air for combustion in through a vent from outside. No-one had done that before. (Google: Gopoco/Sandbox on Wikipedia) I just checked, but the original phrase: Reverse Process Wood-burning Stove seems to have disappeared.

In my inimitable way I thought I could make a difference.  I had appeared on TV with it and the then National Harrowsmith Magazine had given me a featured article in their number 14 issue. Requiring a foundry to manufacture my mostly cast-iron stove,  yet again I ran in to politics. Needing a foundry to create many of the parts for my 'Reverse-Process Sunrise Stove,' the BC Government promised me a small business loan to purchase a hole-in-the-ground foundry a retiring fellow had been making grates and manhole covers in for over 28 years. All seemed a go, until one day I phoned the Gov. in Vancouver, wondering when the loan was available to purchase the 3/4 acre? The person I was speaking with was not the same this time.

Long story short, someone with more clout than I wanted the real-estate. Within 2 years they built an apartment complex on it making a ton of money.

Honesty and vulnerability are not native to doing sound business. Naivety shows weakness, and makes you immediate fodder for the competitive beasts in society where all is about manipulation by one-up-manship. Like chess, it's a game where pride is shown when you sneak up on the other guy when they least expect it. Check mate buddy!

The sociopath has a set masked-smile. There is no conscience to back it up with feeling. I see more and more of it out there. Lies and deceit are the tools of their calling. And if the code happens to be the rhetoric of legalese which was hammered in to them at their U of Choice, whoa any innocent comer looking for Justice. You must be kidding us 'Dude'!    

Usage of words like chess! Legalese is like speaking in tongues. Over our heads, we grope to detect meaning. To us it is as clear as night. Just the way they intended. Nothing is ever what it appears. Impartial and objective? I'm human ain't I?  Integrity and honour? Look you are asking for real qualities now. Having regard, at all times, to the interests of justice.  What 'interests of justice' are you talking about?  Accountability?  We're exempt; the law excuses us, it says it right here.  Proportionality? We are definitely keeping our preferred party in mind. Fair? We decide what's fair. After all, although we look down on you all from our fancy hardwood, leather chairs, we're mortal just like you. We put in our fair time to get here, so fairly earned our positions, okay?

Dismissed! My decision is functus. Now get outta here you squirt!.... And bother us NO MORE!

So I guess by now I feel I've come full cycle. Although at times being judge acknowledged for my "well-meaning efforts," never over these six years have I had my filed materials and challenges related to any of the laws I had referred them to.

What is most disconcerting is to have observed the potency of legalese managing to manipulate pertinent matter rendered by merely nullifying it with discombobulating legalese.
The bottom line horror of legalese is, that it can 'bundle' any argument, rephrase it, and render all proof of facts null and void. Aye, there is the rub of their trade.

I've now seen enough of their slimy shenanigans that reigns supreme! Democracy is a hypocritical fallacy, and with the state of the world as it sits, I maintain our species to be in serious trouble. Like the fall of Rome, when those in power would eat drink and fornicate themselves in to oblivion, I predict we are close to being there again, repeating history.

Shame to all the charlatans, for THEY are the real cause of the woes and havoc.
I can do no more.....  























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Thursday, 8 September 2016

262. ON CALLING A SPADE A SPADE…

VIEWS@16872

Calling a spade a spade
From Wikipedia, the free encyclopedia
For Wikipedia's use of "call a spade a spade", see Wikipedia:Call a spade a spade.
To "call a spade a spade" is a figurative expression which refers to calling something "as it is",[1] that is, by its right or proper name, without "beating about the bush"—being outspoken about it, truthfully, frankly, and directly, even to the point of being blunt or rude, and even if the subject is considered coarse, impolite, or unpleasant. The idiom originates in the classical Greek of Plutarch's Apophthegmata Laconica, and was introduced into the English language in 1542 in Nicolas Udall's translation of the Apophthegmes, where Erasmus had seemingly replaced Plutarch's images of "trough" and "fig" with the more familiar "spade." The idiom has appeared in many literary and popular works, including those of Oscar Wilde, Charles Dickens, W. Somerset Maugham, and Jonathan Swift.
Full definition[edit]
To call a spade a spade or call a spade a shovel is a figurative expression which refers to explicitly calling something as it is,[1] by its right name.[2][3] The implication is that one tells the truth about the nature of the thing,[4] speaking frankly and directly about it,[2][3] including subjects, even if coarse, or considered impolite or unpleasant.[4][2][3] Brewer defined it in 1913 as being "outspoken, blunt, even to the point ofrudeness", adding that it implies ones calling "things by their proper names without any 'beating about the bush'".[5]
History[edit]
The ultimate source of this idiom is a phrase in Plutarch's Apophthegmata Laconica:'την σκαφην σκαφην λεγοντας (ten skaphen skaphen legontas).[6] The word σκαφη (skaphe) means "basin, or trough."[7] Lucian De Hist. Conscr. (41) has τα συκα συκα, την σκαφην δε σκαφην ονομασων (ta suka suka, ten skaphen de skaphen onomason),[8] "calling a fig a fig, and a trough a trough".
Erasmus translated Plutarch's σκαφην (skaphe), as if from σπάθη (spáthe), as ligo "shovel" in his Apophthegmatum opus. Ghandi Lakshmi speculates that the introduction of the word "shovel" may have been a conscious, dramatic choice rather than a mistranslation.[9]
The phrase was introduced to English in 1542 in Nicolas Udall's translation of Erasmus' work, Apophthegmes, that is to saie, prompte saiynges. First gathered by Erasmus, as follows:[9]
Philippus aunswered, that the Macedonians wer feloes of no fyne witte in their termes but altogether grosse, clubbyshe, and rusticall, as they whiche had not the witte to calle a spade by any other name then a spade.
In the expression, the word spade refers to the instrument used to move earth, a very common tool.[9] The same word was used in England, Denmark, and in the Netherlands,[10] Erasmus' country of origin.[11]
=======================================================================================================================
So yes, calling a ‘Spade a Spade’ has been an issue for ‘Humanity’ for hundreds of years. Now, carrying on in the 21st Century (after Christ, Buddha, and Mohammed, and all the other best examples of humanity that continue to perfunctorily represent our daily lives), we continue to carry on as best we see fit to “Stay Alive Anymore!” (a phrase from one of my son’s former band’s tunes, talking about a naked, lost man, wandering the streets of a city, to whom it was suggested he take off “All His Clothes, and go Nude in the world, to ‘stay alive anymore’…”

Proof of this kind of extremity is rendered by the leaders of Isis, who will instruct a 12 year old, impoverished ignoramus, but now well-fed soldier-child to slice the purported culprit’s neck with a freshly sharpened sword!  Is this mankind's calling?

Wake up humanity! Chaos is running rampant among us! Lunacy and Evil are our ‘Soup du Jour! (I know, my favorite phrase) 

In my own way I will, again, express my views about how I see ‘US’ proceed in this battlefield rats nest referred to as ‘Access Justice.’ 
Having watched the ‘glorious’ introductory Utube video of Ms. Shannon Salter, as she has now joined the noble ranks of the NSRLProject, here is my response to Ms. Salters NSRLP’s indoctrination, after gleaning more about her background. 
====================================================================================
"Our newest Access to Justice All-Star is Shannon Salter, Chair of the British Columbia Civil Resolution Tribunal."
Shannon Salter is the Chair of the Civil Resolution Tribunal, and an adjunct professor at the UBC Allard School of law, teaching administrative law and legal ethics. 

HOWEVER! Sharron is supported by 'VICE-CHAIR' "Garth (who) has been appointed by the British Columbia Supreme Court as an Administrator under the Strata Property Act and has acted as an arbitrator in many strata disputes. 
VICE CHAIR – STRATA
J. Garth Cambrey is Vice Chair – Strata for the Civil Resolution Tribunal. Garth obtained his Bachelor of Commerce from the University of British Columbia in 1984 and has over 30 years’ experience in the real estate industry in British Columbia during which time he owned and operated a private property management firm for 20 years until 2011. Garth was an elected member of the Real Estate Council of BC from 2011 through 2016, is an active member of the Real Estate Institute of BC, the BC Arbitration and Mediation Institute, holds a Chartered Arbitrator designation with the ADR Institute of Canada, and has completed the Small Claims Mediation Program. Garth has been appointed by the British Columbia Supreme Court as an Administrator under the Strata Property Act and has acted as an arbitrator in many strata disputes."
=========================================================

To me, this introduces a man who represents, as indicated, over 30 years of experience in the active 'BUSINESS' world of 'Realty.' 

Within his applicable talents, will he have the open-mindedness to be sufficiently impartial in supporting any potential clarity of participating in 'essential governments services' in our combined efforts towards finding true JUSTICE for the average citizen?   

OR,

Are the more clever merely manipulating us, by presenting a pretty picture of what could be?  Can Shannon Salter take us to the alter of Truth and Justice? Will she guide us to liberation or show to become the Angel from Hell.  I wish her well. 


     




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Tuesday, 6 September 2016

261. Under the GUISE of JUSTICE lurks the RHETORIC of insidious EVIL !

VIEWS@16808

 LONG LIVE HER MAJESTY THE QUEEN......whichever one is reigning over the British Empire....(YIP US!)
"Whoa Canada, our Chrome and Naive Land!" 
From the Supreme Court Act!

"Powers and privileges

3  (1) The Chief Justice, Associate Chief Justice and judges have all the powers, rights, incidents, privileges and immunities of a judge of a superior court of record, and all other powers, rights, incidents, privileges and immunities that on March 29, 1870, were vested in the Chief Justice and the other justices of the court."
====================================================================

There it is! There are no longer any surprises left. There is to be only ONE WINNER, and all goes back to 1870! Now we know! The Law as set in 1870; imagine it? Nothing has changed since 1870! Such lunacy?! And it continues to reign still; raining all over us poor subject peasants...

It appears the more you poke away at a staid system the more it eventually shows its essence of origin.  So I Googled: '1870 England'!  For those of you interested - have a read...
Copied from Wikipedia" (last Para=pertinent) "immunity of jurisdiction" was borne right there!

"Civil service

From Wikipedia, the free encyclopedia
Not to be confused with Alternative civilian service, the album, or Public service.
The term civil service can refer to either a branch of governmental service in which individuals are employed (hired) on the basis of professional merit as proven by competitive examinations; or the body of employees in any government agency apart from the military, which is a separate extension of any national government.
A civil servant or public servant is a person in the public sector employed for a government department or agency. The extent of civil servants of a state as part of the "civil service" varies from country to country. In the United Kingdom, for instance, only Crown (national government) employees are referred to as civil servants whereas county or city employees are not.
Many consider the study of service to be a part of the field of public administration. Workers in "non-departmental public bodies" (sometimes called "QUANGOs") may also be classed as civil servants for the purpose of statistics and possibly for their terms and conditions. Collectively a state's civil servants form its civil service or public service.
An international civil servant or international staff member is a civilian employee who is employed by an intergovernmental organization. These international civil servants do not resort under any national legislation (from which they have immunity of jurisdiction) but are governed by internal staff regulations. All disputes related to international civil service are brought before special tribunals created by these international organizations such as, for instance, the Administrative Tribunal of the ILO. "
===================================================================================
Some 'other' events that occurred in only 'yesterday's 1870 
(in our then Queen Victoria's glorious England).
* I then wondered when Women were first allowed to Vote? 
"Political movement towards women's suffrage began during the war and in 1918, the Parliament of the United Kingdom passed an act granting the vote to: women over the age of 30 who were householders, the wives of householders, occupiers of property with an annual rent of £5, and graduates of British universities."

* But please make note: Not just ANY woman was allowed to Vote! You had to be at least the wife of a householder; Who knows, maybe a Judge's wife was guaranteed allowances, NO questions asked...?
============================================================================
  • Back to 2016! With Internet and all the world at our fingertips, global this and global that, but better remember, 'Justice' is ANCIENT! And you, Mr. Quixote, better get it, and if and when you finally do.... get lost! You've been taking up our valuable time. You have been 'abusing the process of our courts,' while contributing NOTHING !  (They used below: 9-5 (1) (a) + {d) to shut me down.) 
    Rule 9-5 — Striking Pleadings

    Scandalous, frivolous or vexatious matters

    (1)At any stage of a proceeding, the court may order to be struck out or amended the whole or any part of a pleading, petition or other document on the ground that
    (a) it discloses no reasonable claim or defence, as the case may be,
    (b) it is unnecessary, scandalous, frivolous or vexatious,
    (c) it may prejudice, embarrass or delay the fair trial or hearing of the proceeding, or
    (d) it is otherwise an abuse of the process of the court,
    and the court may pronounce judgment or order the proceeding to be stayed or dismissed and may order the costs of the application to be paid as special costs.
    ===============================================================================
    Like Kings and Queens, the Laws for the Haloed Creme-de-la Creme Lords and Ladies, Un-accountable, Un-abashed, Un-touchable Upper Class continue to reign over us. 

     I repeat: No wonder this world is in chaos! Shame to the lot of us for these allowances.
Rule 9-3 — Special Case

Statement of special case

(1)The parties to a proceeding may concur in stating a question of law or fact, or partly of law and partly of fact, in the form of a special case for the opinion of the court.

Court may order special case

(2)The court may order a question or issue arising in a proceeding, whether of fact or law or partly of fact and partly of law, and whether raised by the pleadings or otherwise, to be stated in the form of a special case.

Form of special case

(3)A special case must
(a) be divided into paragraphs numbered consecutively,
(b) state concisely such facts and set out or refer to such documents as may be necessary to enable the court to decide the questions stated, and
(c) be signed by the parties or their lawyers.

Hearing of special case

(4)On the hearing of a special case, the court and the parties may refer to any document mentioned in the special case, and the court may draw from the stated facts and documents any inference, whether of fact or law, that might have been drawn from them if proved at a trial or hearing.

Order after hearing of special case

(5)With the consent of the parties, on any question in a special case being answered, the court may grant specific relief or order judgment to be entered.
I will continue my swan-song tomorrow...
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Wednesday, 31 August 2016

260. Was it a: 'Summary Trial?' a 'Chambers Application?' a 'Private Tete a Tete with the Enemy?' a 'Trip to Oblivion?'

VIEWS@ 16782

 Recognizing there will ALWAYS be enemies, whether it's THEM or US, it is a time to digest, relax, reflect, and regain some simple natural sanity.

When you try confront and interact with the best - as an out-sider - with no off-shore cash account, or  other impressing attributes, just plainly playing the part of the nosy 'BUG',  there is no way in HELL, you stand a chance to come out satisfied at the other end.  

Democracy is thus a myth.

The whole latter part of confronting the Ministry of Legal Systems * - head-on -  has been one confusing maze of seeming intentionally set up, internal, and confusing agendas. Waylay this culprit!

During my 'Access to Justice,' as mentioned, NEVER did I have any real problems with Registry Services, finding them in general extremely patient and helpful. No 'Attitude' or 'Posture' was ever shown me.

If this has been a system's adjustment over these past years, with now some 30% SRLs forced to do their own litigations, then I say 'KUDOS' to that part of the 'System.' From my perspective, it is working well. Thank you folks!

What I have learned from these legal machinations is that more of us are now willing to challenge the set and staid hierarchies of our established institutions. I nibbled away at the in-accessible Lords and Ladies and their representatives of the Legal Foundation of our Democracy - Higher Folk - who have managed to set themselves up to become UN-accountable for their daily efforts as professionals hired to perform their daily duties in Government paid positions!  With NO luck, or Justice!

 BUT! We are on to their shenanigans and we ain't taking NO MORE of it!

The work that lies ahead is to try our darnedest to FIX what it was originally set up to be! Irony is, that when talking to just about ANY regular citizen, they all KNOW about it, but feel utterly INCAPABLE OF DOING ANYTHING ABOUT IT!  DUH! Am I going to be one of them?

The question then looms: Can we collectively DO IT?  ...... There's the rub, and only Time Will Tell!

For now, I am taking a break, spending time with family, all who laud I am in a kinder, less absorbed/ possessed sort of way...  

The objective is to bring others aboard. While there are a lot of single efforts occurring on differing fronts, the challenge is to amalgamate under one STRONG UMBRELLA, confront Ottawa and DEMAND serious legal reform!

With the general state of our Humanity, there is LITTLE TIME LEFT for any 'Fixen'!

See you 'all' in a bit.....

* I can no longer call it 'Justice' since it is a misnomer. Let's call a spade a spade shall we? 
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Monday, 22 August 2016

259. "When the Athletes start Talking about Doping...."

VIEWS@16712

 ".... then we are on the right path to fixing it."

When I replace that with: 'When judges and lawyers begin talking about how they are dis-honouring their profession by self-interpreting the Rules, thus cheating citizens and depriving them of their legal rights to a fair hearing, then we will be on the right path.  Then - maybe, just MAYBE the word 'Democracy' might become a true representation of what it stands defined to be.

Having grown to become more of a realist, I say: Good luck! This just ain't gonna happen.

Listen to madman 'The Donald'. While strangely agreeing with part of his upfront, off-the-cuff  simplistic platform,  I shudder about the man himself - to think this is ACTUALLY a Presidential potential for the most influential country in the world. His existence and the role he is playing is a clear indication our North American Citizens are fully aware they are being shafted by those who are allowed to run our systems.

However, his outlandish statement, about how Obama and Clinton are responsible for the creation of Isis, holds a strange and far reaching kernel of truth. All you need do is fathom the overall hypocrisy of most all our democracies to understand the reasoning why the less fortunate and oppressed are creating such chaos.

It is my take the world is running amok, since it is run by hypocritical example. Leaders of entrenched Institutions, blind with greed, dictate what goes. Driven by Free Enterprise, the CEOs who own and run these Institutions,  have replaced what formerly were Kings, Queens and Lords.

The only 'LORDS' left are the most Honourable Lords and My Ladies who run our Legal systems. "My decision is Functus!" she spoke. As in, I have rendered my decision and there is nothing more to add. We can decide and tell you anything we feel like and want to; we are above the law. Our verdicts are the rules  It's the soup du toujours. I now have text information that literally indicates it.  

In her 'Reasons for Judgment' Madame Justice Garson's first Para states:
--------------------------------------------------------------------------------------------------------------------------

 "Summary:

The applicant seeks an extension of time to appeal the dismissal of his claim against the Crown for damages arising out of the dismissal of his Provincial Court action by a Provincial Court judge. 
Held: The application is dismissed. A Provincial Court judge is immune from civil liability for acts or omissions done in the course of her judicial duties, therefore the appeal against the Crown for * vicarious liability for the acts of a Provincial Court judge has no prospect of success. It would not be in the interests of justice to grant an extension of time." 

 =============================================================

 ".......the appeal against the Crown for * vicarious liability for the acts of a Provincial Court judge has no prospect of success."

So let me see if I can comprehend the above crystal clearly! And, since it was put that way, could it  CONTAIN a deeper meaning?

 ====================================
*  
vicarious |vəˈkerēəsvīˈkerēəs| adjectiveexperienced in the imagination through the feelings or actions of another person: I could glean vicarious pleasure from the struggles of my imaginary film friends.• acting or done for another: a vicarious atonement.• Physiology of or pertaining to the performance by one organ of the functions normally discharged by another.================================================Is Madam Garson indicating I was possessed by some imaginary feelings when I tried my citizen's utmost to bring existing pertinent law to Justice Justine Saunders' attention? A Rule the very Attorney General of BC had successfully used in a Litigation: Case Law, Canada (Attorney General) V. Yasinski, 2006 BCSC 757 (CanLII)  as well as the successfully used claim in the BC Court of Appeal:Ingenium Technologies Corp. v. McGraw-Hill Companies. Inc.,  2005 BCCA 358 (CanLII)? Only, when a Self-Representing Litigant uses the VERY SAME Rule in order that HE TOO may be honoured by the VERY SAME law,  the Rule no longer bares relevance. For all her liabilities enshrined in her sworn ethics of fairness and impartiality - to Her Majesty the Queen likely (i.e. 'The CROWN'), a Judge can CLEARLY do as he/she pleases whenever she/he feels like it. To hell with LAW and ethics, when a citizen comes calling ! The ONLY thing that means and accounts for anything, is whatever is served up that day. And DON"T forget the collusive aspects of all this.....When you take on the 'GOV.' they come at you from both ends; you're in the wheelhouse of the Ratpack now!  It's a vicious circle; collusion at its very core!There is only one answer: double standards!   How can something so blatantly apparent and corrupt continue to be perpetrated against its citizens?  The thing I continue not to understand is WHY the people, the silent majority, continue to let it happen. As I am doing here, I note a lot of venting by numerous causes. All want your money; all mean well, but ultimately almost ZERO is accomplished.For now, this beat continues........ WEIRD ain't it?
    

  







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Saturday, 6 August 2016

258. MULLINGs over our RIGGED IN-Justice System

VIEWS@16646 
I had put the following aside for 'later usage,' and here it is - with apologies to its author...

“…everyone – not just the “experts” or system insiders - has the potential to contribute to change.”

“…accomplishing meaningful social change (on racism, on LGBT rights, on gun control) takes sustained, collaborative, and intentional action by communities.”

“…So how can we give ourselves the very best chance of success in moving the needle on Access to Justice – or any other social change?””

“…accurate information about the problem”/ “identify the result we want, and promote evidence-based solutions”

“Paul Schmitz says that effective social change begins with identifying the – concrete, measurable - result one wants.”

“We need to identify small collaborative projects that we have some chance of implementing, and that offer some measurable change for A2J in our backyards.”


“What matters is whether people can come to believe in the justice system again, because they feel included, and respected.”
------------------------------------------------------------------------------------------------------------------------------------------------
I repost this very telling article: 


“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.”
-- Justice John F. Molloy

The Fraternity: Lawyers and Judges in Collusion
JUSTICE JOHN F. MOLLOY
Justice John Fitzgerald Molloy
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.
A lawyer from Tuscon, Arizona, John Fitzgerald Molloy (b. 1917) was elected to the Superior Court bench where he served for seven years as both a juvenile court and trial bench judge.  He subsequently was elected to the Court of Appeals where he authored over 300 appellate opinions, including the final Miranda decision for the Arizona Supreme Court.  During that period, he also served as president of the Arizona Judge's Association.  After 12 years, Molloy returned to private practice to become president of the largest law firm in southern Arizona.  His book has received widespread praise for its candor and disquieting truths.  (Photo courtesy of Paragon House)


Although our free worlds' justice systems may have seen better days, the inroads towards cutting through the rhetoric and posture of a staid, set system will be an up-hill battle. 

It has now been established, these well-positioned lofty Lords and Ladies in their black robed minds, are un-approachable, beyond the laws of their own lands. They are as if in their own castles, without a draw-bridge, umbilical cord. 

First we have to publicly verify their immunity. Once established, demand a clear channel towards insisting on their accountability. i.e. CUT their umbilical cord to their invisible and intangible GOD lines.


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