Tuesday, May 12, 2009

The Case for Court appointed Civil Defenders for the poor in Montana

First, I spent a lot of time and energy talking with Civil Attorneys about my case (fleshing out the issues, as it were). However, I could find no attorney willing to take my case in 2002-2003 before having to file it myself. The reason as I’ve learned in the prusuing 6 years since beginning the case is that I have spent more than six thousand hours and many, many dollars prosecuting my case. And Unfortunately, I can not publish the issues in my case (for fear of prejudice to the defense) although it is a matter of public record at the Missoula County Court House (Gold vs City & County of Missoula DV 03-46) if you are interested.
And now onto the beginning discussion of the issues in my new cause …
Civ Def #1: This is the beginning of my stating of the Case for Court appointed Civil Defenders for the poor in Montana (DV 09-320).
Recently, in the Missoulian newspaper, there were stories of two widely divergent Federal District Court Cases in Missoula. #1 was “Jurors find W.R. Grace and execs not guilty,” thanks to the multimillion dollar effort by a team of Defense Lawyers lead by David Bernick that one blogger termed the “The O.J. verdict of environmental crime.” http://missoulian.com/articles/2009/05/09/bnews/br67.txt
And District Court Case #2 was “Conservationists settle free-speech lawsuit with Bitterroot National Forest.” http://missoulian.com/articles/2009/05/04/news/local/news05.txt In this trial Conservationists who were excluded from a press conference at the Bitterroot National Forest supervisor’s office in Hamilton, were pursuing a Civil Free Speech Case against the Government and quoting from the article, “The three men said late last week they believed they had a good case, but couldn’t afford to continue the legal fight. “It boiled down to the fact that the legal process is expensive and we could no longer afford the cost,” Miller said. “We feel like we have some very good strong issues … we just couldn’t continue.” All of the men remain disappointed about the agency’s decision to exclude them from the news conference. “I was humiliated by my own government,” Campbell said. “I feel like I was treated like a second-class citizen.”
The question these two widely divergent cases point to as we Americans face the uphill battle to maintain our Rights guaranteed by both the Montana and the US Constitutions is: As Lawyers fees and Court Costs become increasingly more expensive, how do Montanan’s initiate and maintain sustained legal battles to protect our dwindling Civil Rights with very limited resources? In 2009, how is equal protection in Montana’s Court rooms being insured? How are Montana Lawyers working to insure that low income Montanan’s have equal access to the Courts?
In Montana, our Constitution guarantees in Article ll – Section 4. Individual dignity. The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws. Neither the state nor any person, firm, corporation, or institution shall discriminate against any person in the exercise of his civil or political rights on account of race, color, sex, culture, social origin or condition, or political or religious ideas. Article ll – Section 3. Inalienable rights. All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties … In enjoying these rights, all persons recognize corresponding responsibilities. And in Section 16. The administration of justice. Courts of justice shall be open to every person, and speedy remedy afforded for every injury of person, property, or character… Right and justice shall be administered without sale, denial, or delay.
I appreciate your comments, as I prepare my pro se court case.

1 comment:

  1. The Public Defenders Service should more aptly be named the Plea Defenders Service. For all practical purposes the Public Defenders presume your guilt and seek a more lenient sentence in cooperation with the prosecutor. A person can do his own pleading. The PDS should defend your civil rights against the abuse of power by bureaucrats. Filing a complaint with the prosecutors office against a public official demonstrates the conflict of interest that a county prosecutor faces. The question is whether the county prosecutor represent the people or the bureaucrats. Attorney fees and costs are awarded to the prevailing party. The bureaucrats are sheltered from any personal liability and represented by attorneys paid for by the taxpayers. An individual must pay for his own attorney, or if pro se, the individual will be confronted by a public attorney who has a close working relationship with the judge. (Both members of the BAR). An individual can't prosecute, but only seek civil penalties ranging between $50 and $1,000. Only a prosecutor can seek criminal charges against a public official. The conflict of interest effectively denies due process and redress of grievance to an individual seeking performance of a public officals duty. There is no equal justice or representation by an attorney for civil charges.

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