April. 2, 2010 - Mtlegal - The Canary in the Coal Mine of the Montana Court System.
mtlega...@gmail.com
The Canary in the Coal Mine of the Montana Court System
Being poor in Montana is no sin. Yet when Gold originally set out to
prosecute the City and County of Missoula et al for taking his
property and then not protecting it, he encountered that No Civil
attorney in Missoula would assist him with his case. He then went to
the Missoula Family Law Self-Help Center in the County building but
they specialize in Pro Se family law. Next he went to the Montana
Legal Services Association who wouldn’t help. He then contacted the
Montana ACLU, who wouldn’t help. This was his personal experience
which wasted 100’s of his hours, searching. Finally, he was forced to
file his own Pro Se cause (and study and learn law himself) even
though Montana’s Rules of Professional Conduct in PREAMBLE: A LAWYER'S
RESPONSIBILITIES state:
“(7) As a public citizen, a lawyer should seek improvement of the law,
access to the legal system, the administration of justice and the
quality of service rendered by the legal profession. As a member of a
learned profession, a lawyer should cultivate knowledge of the law
beyond its use for clients, employ that knowledge in reform of the law
and work to strengthen legal education. In addition, a lawyer should
further the public’s understanding of and confidence in the rule of
law and the justice system because legal institutions in a
constitutional democracy depend on popular participation and support
to maintain their authority. A lawyer should be mindful of
deficiencies in the administration of justice and of the fact that the
poor, and sometimes persons who are not poor, cannot afford adequate
legal assistance. Therefore, all lawyers should devote professional
time and resources and use civic influence to ensure equal access to
our system of justice for all those who because of economic or social
barriers cannot afford or secure adequate legal counsel. A lawyer
should aid the legal profession in pursuing these objectives and
should help the bar regulate itself in the public interest.”
So Whose Responsibility is it to Defend the Fundamental Rights of ALL
Montanans, including indigents? Certainly, The Montana Public Defender
System is a start. All Lawyers Professional Responsibility is a start.
The Montana Justices Professional Responsibility is a start. The
Montana Court System is a start. The Montana ACLU is a start. The
Montana Legal Services Association is a start. The Missoula Family Law
Self-Help Center is a start. Taken ALL together, they are ONLY
piecemeal parts of the answer to a system that doesn’t work in my
cause. And, they are ONLY a start. My cause before you, is an
indicator of how that start isn’t working. What it indicates is “the
weakest link” in Defending the Fundamental Rights or Civil Liberties
Guaranteed in Montana’s Constitution.
Of course, "Defense" attorneys will argue that ALL of these services
are underfunded and overwhelmed by the ever increasing needy, and that
Defending Our Fundamental Rights (Civil Liberties) takes a VERY back
seat to Defending Montanans accused of crimes against the State. And
the statistics clearly speak for themselves.
However, this argument is short sighted and completely ignores the
most compelling sentence of Art. II § 3 of Montana’s Constitution. “In
enjoying these Rights, ALL persons recognize corresponding
responsibilities.” ALL people. All Lawyers. All Judges. All
Legislators. All Governors. All Politicians. All Counties. All Cities
and All Everyday Montanans. ALL persons. But, who monitors or
champions or recognizes the importance of these Responsibilities, with
an eye to the ever increasing number of poor people in Montana, who
are 100 times more likely to have a fundamental rights issue with the
state and who ultimately, may have a dire need of Counsel in
protecting Every Montanans fundamental rights.
And make NO mistake. These Fundamental Rights are Civil Rights not
Criminal. And, those Responsibilities were put there specifically to
remind us ALL our "duty to defend" those inalienable rights and
especially for those whose duty of care and oath of office make it
imperative that they act to support, protect and defend Our
Constitution and ALL our Rights.
If you want to keep up with this case and/or read these important
briefs:
On the internet goto:
http://fnweb1.isd.doa.state.mt.us/idmws/custom/sll/SLL_FN_Home.htm
Click on: Supreme Court Case Number
Enter either ( DA 09-0675 ) in the box and click search; or Click on:
Party search name and enter Gold;
Next click on Gold v. State and then click on
Appelant Brief first then the 2 other briefs and a new windows will
pop up with pdfs which you can save and read.
As always, Think about this and I'd like to encourage your comments
about this important topic. Feel free to follow this important Case.
Rick Gold
Missoula, MT
http://mtlegal.blogspot.com/
http://mtlegal.wordpress.com/