Montana and the loss of integrity in our Judicial System

Could you imagine a system of government, where the people who represent you, actually cared about you and everyone else, they represented? I mean, instead of the special interests? Well, let's have a look at the integrity of our Montana Judicial System. My personal experiences with my pro se Civil lawsuits, thus far are troubling ... In attempting to attain justice for the harm done to me in February 2001 by the City and County of Missoula (see DV 03-46, 'Missoula' Montana 4th District Court), I raised numerous issues in regard to the integrity of Montana's Judicial system. I approached the Montana Supreme Court twice seeking supervisory control in Gold v. THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT COURT OF THE STATE OF MONTANA, IN AND FOR MISSOULA COUNTY, THE HONORABLE DOUGLAS G. HARKIN, Presiding, Respondent (OP 08-0544, Dec 2, 2008 Mont. LEXIS 711). However, my petitions were denied without ever addressing the Constitutional issues that were raised.
Now, I'm back in Montana 4th District Court with these Constitutional issues in DV 09-320, and so far, I have the same Judge presiding who ruled against me in DV 03-46; the State's Attorney denies that these Constitutional issues in the current case did not arrise out of DV 03-46; the Judge has denied my motion to subpoena witnesses; and the State's attorney went on vacation so he has delayed his response to summary judgment until next week (October 5, 2009).
Can anybody else find anything wrong with this ongoing scenario.
Really, where is the Integrity in Montana's Judicial System?
What about Montana's Constitutional guarantee in Section 16 concerning administering justice? Let's see what some of America's famous leaders had to say about integrity.

John Adams, (1735-1826), Founding Father and 2nd US President, had this to say about integrity... "Society's demands for moral authority and character increase as the importance of the position increases." "Human nature itself is evermore an advocate for liberty. There is also in human nature a resentment of injury, and indignation against wrong. A love of truth and a veneration of virtue. These amiable passions, are the "latent spark"... If the people are capable of understanding, seeing and feeling the differences between true and false, right and wrong, virtue and vice, to what better principle can the friends of mankind apply than to the sense of this difference?"

Now, this quote from Justice Louis D. Brandeis (1856-1941) US Supreme Court Justice ..."The government is the potent omnipresent teacher. For good or ill it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that the end justifies the means -- to declare that the government may commit crimes -- would bring terrible retribution." and "Crime is contagious. If the government becomes a law breaker, it breeds contempt for the law." and "At the foundation of our civil liberties lies the principle that denies to government officials an exceptional position before the law and which subjects them to the same rules of conduct that are commands to the citizen."

Now, this quote from Justice William J. Brennan (1906-1997) U. S. Supreme Court Justice ...
"The Framers of the Bill of Rights did not purport to “create” rights. Rather they designed the Bill of Rights to prohibit our Government from infringing rights and liberties presumed to be preexisting."

Now, this quote from Justice Stephen J. Field (1816-1899) US Supreme Court Justice ..."Here I close my opinion. I could not say less in view of questions of such gravity that go down to the very foundations of the government. If the provisions of the Constitution can be set aside by an Act of Congress, where is the course of usurpation to end? The present assault upon capital is but the beginning. It will be but the stepping-stone to others, larger and more sweeping, till our political contests will become a war of the poor against the rich; a war growing in intensity and bitterness." From a United States Supreme Court opinion, Pollock v. Farmers Loan & Trust Co. (1898).


Now, this quote from the Oath for Candidates Seeking Admission to the Bar, 1925, of the American Bar Association ... "I shall not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land."

As always, Think about it and I'd like to encourage your comments about this important topic.

Rick Gold
Missoula, MT

Plumber, Mechanic, Surgeon or Lawyer

Would you take your car to a lawyer to have the engine rebuilt? No? Why not? Then, would you call an attorney to come to your house to fix your plumbing? No? Why not? Then, would you visit an attorney to operate on you or a loved one? No? Why not? Can a plumber or mechanic or surgeon be expected to perform in a Court of Law as well as a trained and qualified attorney? Who is better qualified to serve Justice than one who is trained and tested and a member of the State Bar? Then, why aren't attorney's available for ALL cases in Montana Courts (equal access) even if a person can't afford one (and currently that figure is at almost 30% of Montanans)? Who better to serve in Montana's closed Legal System then one who is qualified to act? Under the laws of the U.S. and the State of Montana, a person is required to be an attorney (a member of the State bar) for 5 years prior to becomming a Judge.
Therefore, a person must be an attorney and a member of the State Bar to participate in the Judiciary which is a distinct and separte branch of our government.
So, why are Montana's self-regulated Courts in denial about providing due process of law to the People of Montana in our Courts by offering the services of one our their own trained attorneys? Why are Montanan's being denied the equal protection of our laws by our Courts not offering the services of one of their trained attorneys? Why has Montana's Supreme Court ignored its Constitutional responsibility to the Administration of Justice - Right and justice shall be administered without sale, denial, or delay, by not requiring that right to an attorney to ensure that, no person shall be deprived of this full legal redress or remedy afforded for every injury of person, property, or character. Who better than an attorney to insure these Constitutional protections! (From Section 16 of the Montana Constitution 1972)
From the Montana Constitution:
ARTICLE III - GENERAL GOVERNMENT - Section 1. Separation of powers. The power of the government of this state is divided into three distinct branches--legislative, executive, and judicial. No person or persons charged with the exercise of power properly belonging to one branch shall exercise any power properly belonging to either of the others, except as in this constitution expressly directed or permitted.
Section 3. Oath of office. Members of the legislature and all executive, ministerial and judicial officers, shall take and subscribe the following oath or affirmation, before they enter upon the duties of their offices: "I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States, and the constitution of the state of Montana, and that I will discharge the duties of my office with fidelity (so help me God)." No other oath, declaration, or test shall be required as a qualification for any office or public trust.
ARTICLE VII - THE JUDICIARY- Section 9. Qualifications. (1) A citizen of the United States who has resided in the state two years immediately before taking office is eligible to the office of supreme court justice or district court judge if admitted to the practice of law in Montana for at least five years prior to the date of appointment or election. Qualifications and methods of selection of judges of other courts shall be provided by law.
From the Montana Code Annotated (2007) -3-5-202. Qualifications and residence (District Judge). (1) A person is not eligible for the office of judge of a district court unless the person is a citizen of the United States, has resided in the state 2 years immediately before taking office, and has been admitted to practice law in Montana for at least 5 years prior to the date of appointment or election.
As always, please let me have your comments on this important topic, thanks ...