Very Scary Philosophy and Ideology Creeping Into Our National Collective Conscience!
Last night, at the Poverello Center, for the homeless, there was a young woman, who had just given birth to a son, who is now three months old, and when she heard that I am an attorney, she jumped at the chance to ask me to help her get her baby back, that was taken by CPS or the State of Montana, for failure to thrive, which can be anything from, a baby not gaining weight once it leaves the hospital, to developmentally being below level when it comes to motor skills, and things like hand-eye coordination, etc. As, I discussed the facts of her case, once I could get her grounded, and a bit less emotional, so I could get an honest read on what was happening and why, and what would be the best route to proceed to help her with the limited time and effort, I want to put into a case, free of course, not that, pay has ever stopped me from helping anyone, because, it sure as hell, has not, obviously, given where I am living! LOL! Eventually, I was able to take her through, the steps I would take, based on the state's position, and the court's position, that, she will never get her child back, if, her living conditions, stability, food, shelter, and mental health, are not, considered, in the best interest of the child, regardless, of wishes, love, heritage, the potential of getting her shit together, before she has a hearing on permanent termination of parental rights! I told her, where she is right now, I would not give her, her baby back, never. She got my point!
But, as I talked, there was this woman, in her thirties, sitting next to her, who has also lost custody of her children, as many women in the homeless shelter have, who, all the sudden, popped into our conversation, stating that in Texas, she was an attorney . . . like, as what? I listened to her, and she said, she was friends with several judges, and they asked her to take a case, or so she said, and I was shocked, as she proceeded to tell me, that she represented 16 women in getting their kids back, and I tried, without, setting her off to say, what qualifies or qualified you to represent these people or woman? She said, I have a psychology degree, and the judge, said, that qualified me to be an attorney . . . fuck no, it does not! But, I didn't want to embarrass her, but I said, that is not like any state I have ever been in, and you have to have attended an accredited, law school, have taken the bar exam, passed, and been sworn in by the states, supreme court, who generally oversees, all attorneys in the state. She said, on, no, I didn't need to do that, the judge, said I could practice law, even here, and in Utah--WHAT? I said, I know, that with four bar licenses, when I stopped in, the first trip to Montana, and stopped at the Montana Bar Association, in the Block Building, in Helena, even with all that, going all the way to the U.S. Supreme Court, I had to either take the bar exam or get a letter from the Montana Supreme Court, with them making an exception for me, to practice in Montana without taking the bar exam, that I took, fucking 23 years ago! She still insisted that the judge allowed her to practice, and I said, who paid you . . . oh, he did. WHAT THE FUCK? He can't do that! This conversation was doing nothing but going down hill fast!
If You Are Really Serious, I Will Take Your Case! WHAT?
Now, this young woman, did have some knowledge, but I would venture a guess, that came more from LOSING HER OWN CHILDREN, that having any real experience, trials, or 16 people she helped, especially in Utah . . . but, now that I think about it, actually, Utah is equally as lame ass, since they let the sista club, practice law, in Utah! Tried to suppress my law practice being #2 in the nation in civil right defense, and allow not just one of my sisters, but ALL of my non-attorney sisters, to claim law degrees through my license, and they have tried to kill me ever since to cover their crimes and perpetuate the fraud! I didn't know if this chick was completely off her rocker, or if things had slipped so far, become so, smarmy, so corrupt, so cheap ass, so juvenile and crazy, that courts were actually, allowing, non-attorneys, like this very immature woman, to practice law? But, I have evidence, that yes, they have gone just that batty! We just had a situation, here in Montana, where, three deputy county attorneys, were practicing law without a license! They claimed to have gone to law school, and just didn't pass the bar exam! What the fuck, do you think qualifies you to be a fucking attorney? Passing the bar exam, for God sake! I guess, some judges, started to notice, that these alleged attorneys were way lacking in knowledge and understanding of the system and procedure . . . now all attorneys, have to learn the law, learn procedure, learn court decorum, and the language of the courts, that is a given; however, allowing, non-licensed attorneys to practice before they have jumped through all the hoops, is total bull shit! Of, course, someone at McD's, where I am writing this blog, just yelled, Rachel!
I firmly believe, that all my sisters, none of which are attorneys, have been allowed to use my name, use my credentials, use my resume, and tout my legal acumen, bragging rights, so to say, to bully their way, in to the courts, into the legislatures, into special water districts, and present themselves, as if they were me! When I left Utah in fear of my life, for being too good to beat, on two huge ass civil rights cases, one for $357 million and the other, $56.7 million, the state decided to just annihilate me as an attorney, and bring in the dumb ass, cute, thinner, big boob, substitutes, and Rachel, who is 7 years my younger, but often considered and asked if we were and are twins, has been allowed, by men, along with others, as a punishment, a statement, that someone or anyone could do what I did, and therefore, because they are nicer, seem to be more fair, and don't take cops, prosecutors, and judges, by the balls, and squeeze them, until, I win, forcing the criminal justice system, to actually follow the laws of the legislatures, rather than local practice, where, any lame ass ruling, goes, supporting, those people they like, and fucking those people they don't like! This is hideous, against the law, unconstitutional, and criminal! I was shocked to find out that this chick, even had an alleged bar number, that made no sense . . . my Utah State Bar number, if I can remember, is 6550, and this girl, claiming to be an attorney, said, her Texas bar number was, 3034, like, uh, attorneys in Texas, with bar numbers that low, are probably either dead or retiring! Judges, check bar numbers, and if ages and numbers, don't match experience . . . YOU HAVE A PROBLEM, FRAUD ON THE COURT!
You Have to Have 4 Years or an Undergraduate Degree and 3 Years of Law School . . . Where Did You Go to Law School?
I can't remember. Nobody, goes to law school, and forgets that experience. I think, I went to YALE! WHAT? At this point, I knew the chick was fucking insane! I just didn't say anything, because there was not use! YOU ARE NOT A GOD DAMNED ATTORNEY! I don't care, what fucking judge, what county attorney, what bar association, what cop, what prosecutors, or a fucking president of the United States, says, you are not an attorney in this country, unless you go to law school, an accredited law school, and PASS the LAW EXAM! Taking it and failing doesn't make you a LAWYER! What do they call someone who only passes the bar exam by one point? AN ATTORNEY! There is a new or a country song, called, something like be NICE and HUMBLE . . . shit, I have the highest bar license in the fucking country, the United States Supreme Court bar, and I respect the law, the bar, the state of Montana, and I am law abiding enough, to be very careful, of what I do and don't do, in the law! Until I am willing to write a letter, to the Montana Supreme Court, get admitted, or pass the bar exam, I do not take clients, and I am real cautious, to give legal advice, other than to save someone some time and point them in the right direction, or correct a flagrant error that some other lame ass attorney, paralegal, or legal assistant, who thinks they know the law, and have spewed forth, total false law, that will hurt their clients, seeing myself as having a fucking duty, as a 4 time sworn officer of the court! Shear rage, comes out in me, to think that people can, take someone's liberty, freedom, property, children, future, in their hands, when they are not qualified to do so, and hand out advice and charge, as if they were attorneys, like clowns giving candy to a baby!
CASE IN POINT . . . THE PRACTICE OF LAW IS HARD ENOUGH WHEN YOU HAVE A LAW DEGREE
Okay, so this other guy at the Poverello Center, heard I am an attorney, and he was working with some guys who are currently in jail, and who are questioning the fact that they were charged with an information, for a felony, and that the prosecutors, allegedly denied them a preliminary hearing or preliminary examination, part of due process for criminal procedure and defendant's rights. So, this guy asked me, if I would look over some legal papers, because he would be interested, in getting a real attorney's take on the issue and see if they viewed this issue differently. I help everyone I can, like I said, with the limited, perimeters I allow myself, having not taken either step to practice law in the state of Montana, but, realizing that due to the limited number of people in the state, and limited resources to see that justice is served, making sure that there is justice for all, is hard; therefore, if I can help, I will! So, this guy, brings me some legal papers, claiming that, inmates at the jail are doing this work on their own. Needless to say, I was impressed, that they were at least getting some of the legal arguments, constitutional timelines, with three versions of the state constitution, under their belt, not to mention, seeing to have a far grasp on what they were researching case law for, and where they wanted to go with it, but, they did, keep repeating and repeating the same argument that seemed to do more to undermine their position, that prove otherwise. So, in true law school fashion, I skim read through the 7 or 8 page brief, and noticed that, an attorney, has done the brief and signed it . . . and I was not so impressed, in fact, I got somewhat concerned and decided that I better do some research and lead these guys a bit, seeing their alleged attorney, who could be just like this chick at the Poverello, who has a little bit of knowledge, and is faking her way, so she can have the prestige, and there is a lot of not necessarily reverence for attorneys, but, you get listened to, whether you know jack shit or not! So a coveted career, for sure, and many who would fake it, trying to make it . . . so?
In less that 10 minutes, I had the answer for this guy, but I haven't talked to him yet . . . I first went to the Montana Constitution . . . why? Because, back when I was practicing criminal defense, and I had some sticky issues, with some aspect of criminal procedure and had issues with the way the prosecutors, handled the situation, I found the answers to the question, codified, not only in statutory law, but in the state constitution, as well, lending it more weighty argument and legal power! I always, go first to the supreme law of the land, the United States Constitution, then to the second highest law, and highest law in ANY state, the state constitutions, because, they are the guidelines, for the state and federal legislative or law making bodies, and have to mesh, legally with the higher laws, and there is a hierarchy, all laws are not created equal! So, sure enough, just as I figured, from my experience as an ATTORNEY, having dealt with bail issues, which were mentioned in the state constitution, I in fact, found, what this alleged attorney, and his clients were disputing, saying, that, prosecutors, could not use an information in a felony charge, to inform the defendant of his charges against him . . . well, check, the Montana State Constitution, Section 20! District courts are courts of general jurisdiction, meaning they can hear any kind of case . . . inferior courts, are justice courts, juvenile courts, family and drug courts, not sure in Montana, and they are to inform defendants of the charges against them through, a complaint. And of course, a district court judge, can call a grand jury, and get an indictment . . . some states, like Texas, have broad use of grand juries, in Utah, not so much, called only on rare occasions! There will be differences from state to state, so you HAVE TO KNOW THAT AND CHECK!
Then there was the issue of the preliminary hearing where the prosecutor puts on the evidence against the defendant, giving the defendant or their attorney, representing them, at this phase of due process, to question the witnesses, and see what the prosecutor has against them . . . in the Montana Code Annotated or MCA 46-10-202, what is called a preliminary hearing in Utah, is called a preliminary examination, and it sounds like defendants, can have a two-way communication, or hearing, and the judge, may or may not, make the defendant show up in person, from jail, for this phase, or the attorney can handle hey beliit, or both can be present. In the way of judicial economy, and travel, expenses, etc., there is wisdom, depending on the seriousness of the case in using short circuit TV, rather than transport an inmate, across the state for a hearing, that may take 10 minutes, depending on the case, and where the inmate is being housed, depending on population and need. The law is very LOGICAL, if you understand the basics, which are found in the CONSTITUTIONS! Few attorneys, even ever, look at the guiding documents, and rely on case law, which this alleged attorney did . . . the fucking fakes, my sisters and even the jealous guys, who these women teamed with to do this to me, often will arrange for this person to track me down, as they have on several occasions, to get legal help, direction, from ME, so they can use my name and credentials, or they may be using their own, cheating the system and charging, what this guy said, a retainer of $10,000! for shit!
I am not sure how long this alleged attorney, and I have my doubts, seeing that, entire law firms have been set up, to make these very inferior people who pale in their credentials, feel better, or trying to say, see, we can win you, faking it until we make it, or we will show you, we are as smart as you . . . NO YOU ARE NOT! and this shit shows damned well, and this is low level shit, to anyone who knows their shit!
It Is A FUCKING Crime To Practice Law Without A License!
People, you have a vested interest, in making sure that your alleged attorney, is really an attorney, good, bad or ugly, fat, lazy or whatever! Why, because, it can HURT YOU! There is a reason, we have laws, that someone must be licensed to practice law in the state, because, whether they are the best or even good, there is a group of professionals, who have given the stamp of approval to this person, vouching for them, that, they believe, this person, will have your best interests at stake, understanding the significance, of giving you sound legal advice, knowing they are held to levels of ethics and professional rules of conduct! There really, only are three professions, traditionally, now we have gone on, to make other fields of study, be licensed, because, there may be safety concerns, or because there have been issues, that have made that, trade, like construction, welding, plumbing, doing nails, hair, facials, and other services, to protect the health, safety and welfare, of the citizens of a state, or even nationally, but traditionally, there were only three professions, and they were considered professionals, because of the severity of fucking up, in these areas: (1) the clergy, were to heal the soul, and they have to have licenses, to be tax exempt, and have the benefits and legal protections, of doing this type of counseling, etc.; (2) physician were to heal the body, and they take the Hippocratic oath to do not harm; and (3) lawyers, who were historically to heal relationships, taking an oath to preserve, protect and defend the U.S. and state Constitutions! So, many lawyers and judges, don't even understand the oaths they took when they became attorneys, or were sworn into the bar or the bench!
People, who don't, go through the rigors, of law and medical school, or divinity school for that matter, do not have any clue, as to the importance of the training, the grueling exertion and effort, to go through these programs, and they have no appreciation for the profession or what it takes to get through law school, the bar exam, and into practice! Many attorneys, who are transactional attorneys, or corporate, tax, real estate, etc., will never step foot in a court room, they are paper pushers, and into contracts, and making sure all the "i's" are dotted and the "t's" crossed, and that is critical too. But, to look at your attorney, or your sister, based on one or two experiences, and with me after, I had been poisoned and say, I could do that, you are FOOLING YOURSELF, because you have no idea, what it takes to do the WHOLE LAW AND NOTHING BUT THE LAW! We are talking writing briefs, researching . . . like in this brief, I just read, he is missing the mark, in something it took me, fucking 10 minutes if that, because, I already knew the answer, and civil law is a whole different animal than criminal . . . as is civil rights law, or family law, or securities law, all very different, and if you don't understand that, you are going to FUCK YOU CLIENTS, and may even cost them their lives, their property, or their family! Your sister my make it look easy, but, that is because, I studied the issues, long before, today, I wrestled with the law, grappled with the concepts, and that is what, EXPERIENCE WILL DO FOR A REAL ATTORNEY, AND FOR THEIR CLIENT!
Cousin, Wanted to Manage My Law Practice . . . Charge $1000 Per Hour, Because, He Watched Me Work, Fast, Smart, Experienced and 4X Faster Than Any Attorney He Ever Had!!!!!!
Due to my experience, I have, such a huge ass, foundational background, between my government jobs, dealing with all kinds of stuff, from legislation, to working with towns and cities, with areas on aging, with senior centers, community organizers, politicians, law enforcement, health professionals, students, teaching college, writing award winning manuals, blah, blah, blah, that the second, someone asks me a legal question, I don't even need to go to the books, because, I already know the answers, but I always, check the law, the books, and do my homework, and make sure that I am correct, because if fucking matters, how a PROFESSIONAL conducts themselves, and holding yourself out as a lawyer, is SO CRIMINAL, if you have NOT PAID THE PRICE TO GO THERE! I would think, that someone, who really cares about people, would fucking NEVER, EVER, present themselves as an attorney, or a paralegal, or legal assistant or a third year law student, knowing they are LYING, and could create IRREPARABLE DAMAGE in that person's life, not to mention, charging as an attorney, when you are not even a paralegal, is the height of hypocrisy and arrogance, and ignorance! BECAUSE YOU ARE NOT EVEN SMART ENOUGH TO KNOW THE RISKS! Read the Montana Code Annotated, it is a pretty serious crime to practice law without a license and RIGHTLY SO!
Cross Application to the Presidential Elections . . . Thank God, Americans, Tend to Error on the Safe Candidate Side!
Do not make the mistake, to think that someone with business experience, but no, experience, in public office or even in government or public service, has the ability to run a country, as we have so plainly seen, in the statements, that Mr. Trump has made that, no political servant in their right mind, in the last 60 years, would ever say, even if his fans and supporters let him get away with it! Hopefully, citizens, concerned citizens, interested in moving this country forward, have watched the decisive nature of the Trump rallies, the protests, the violence, even being encouraged by the candidate himself, the disparaging remarks that are so, what 1940's in acceptance, even thought, this process is refining the candidate, he said he would be more presidential, but, then he said, NO, I AM JUST GOING TO BE ME! So there you have it, blatantly spitting in our American dream, condition, and progress, and saying, I AM A BILLIONAIRE, and I can do whatever in the FUCK I want to!
Get that PREAMBLE OF THE UNITED STATES CONSTITUTION OUT, and READ, IT OVER AND OVER . . . THAT IS THE GOAL, pick a candidate, who best, moves that idea and this American experiment, showing the world, and other countries, what free speech, respecting other religions, races, sexes, even those who are struggling with their gender identity looks like!
DON'T MURDER QUALITY!!!!!!
EXPERIENCE MATTERS!
THE BEST IS YET TO COME!
WE NEED A COLLECTIVE CONSCIENCE OF PROGRESS!
LOOK FORWARD NOT BACKWARD!
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