Myths About Our Legal System
"One of the main problems with our system of Justice is the Judiciary at every stage of litigation assumes all prior litigation has been handled thoroughly and properly when usually the exact opposite is true." - A Seasoned Litigant
"I can state with certainty that if you go against the status quo in Pennsylvania and point out wrongdoing of the judiciary they will ruin your legal practice and make it impossible for you to win a case." Quoted by a well known lawyer who was discussing the Pennsylvania Judiciary
What The Average Citizen Believes Compared To What Our Legal System Believes
The Average Citizen Believes:
The laws passed by elected officials constitute the "law of the land."
Our Court System Believes:
The laws passed by elected officials plus all rules and procedures of the court including all legal precedents, past practice and case law constitute the "law of the land." If any of these are used to negate the other, "the law" is still being followed.
The Average Citizen Believes:
Rules and procedures of the court, legal precedents, past practice and case law are in place to give force to the will of the legislature.
Our Court System Believes:
Judicial decisions are to give force to "the law." It is irrelevant whether rules and procedures of the court, legal precedents, past practice and case law give force to the will of the legislature since rules and procedures of the court, legal precedents, past practice and case law are all "law."
The Average Citizen Believes:
A Judge is wrong if their decision is not giving force to the clear intent of laws passed by legislatures.
Our Court System Believes:
So long as a Judge's decision, however far-fetched it may be, uses logic that in some form or fashion incorporates some legal reasoning, the decision can be considered legally sound.
The Average Citizen Believes:
The courts are in place to assist Citizens to right a wrong.
Our Court System Believes:
The courts are in place to provide a procedure to Citizens. Whether Citizens are able to right a wrong is irrelevant.
The Average Citizen Believes:
The Canons Of Judicial Conduct are rules of behavior that are to be interpreted literally.
Our Court System Believes:
Literal interpretations of the Canons Of Judicial Conduct are considered petty and can hinder a Judge from performing their duties.
The Average Citizen Believes:
Due Process' purpose is to bring about a result.
Our Court System Believes:
Due Process is a process. A result is irrelevant.
The Average Citizen Believes:
Obtaining Justice is the ability to right a wrong.
Our Court System Believes:
Justice is granted if a procedure is followed. End results or "righting wrongs" are irrelevant and would indicate a bias on the part of the Judiciary.
The Average Citizen Believes:
The courts take every precaution to insure Citizens don't go to jail unnecessarily.
Our Court System Believes:
So long as Citizens can appeal we consider our job as being done correctly. Whether Citizens are in jail or not is irrelevant.
The Average Citizen Asks:
What if I can't afford an appeal or can't get the issues properly handled?
Our Court System says:
Tough. Then you get into what is called the doctrine of finality. In other words, things stay as they are and your "due process" is complete.
The Average Litigant Says:
The court screwed me in their rulings involving my case.
Our Court System Says:
Most likely what happened is your lawyer, the Judge or opposing council agreed to something either while at the bench, in chambers or at some other time when you couldn't hear what was going on. The court is covered because you were represented. If you were wronged, sue your lawyer.
The Average Citizen Says:
It is almost impossible to get one lawyer to sue another involving cases like mine.
Our Court System Says:
We know that!
The Average Citizen Says:
And my Lawyer and the Judge wouldn't allow me in chambers.
Our Court System Says:
We know that too.
The Average Citizen Asks:
So how am I supposed to know what is going on?
Our Court System Says:
You're not! Trust your lawyer.
The Average Citizen Believes:
A lawyer's first duty is to his client.
Our Court System Believes:
All lawyer's first duty is to the COURT. [this includes law however it is received, procedures however selectively followed, policies, whims, current practices and appeasing Judges] Many lawyers second duty is to their incomes. The client comes at some point after that.
We are no longer a country of laws, we are a country where laws are creatively interpreted!
Due Process as defined by many Judges: "First, decide how we want the case to go. Second, formulate a legal logic to support our decision. Third, manipulate, dissect or eliminate the facts and evidence to support our decision. Then the rubber stamp doctrine of "judicial discretion" will prevent most decisions from being overturned."
Truth as defined by many Judges:
"Whatever lawyers say. After all, they have taken an oath when becoming members of the bar. Therefore it is acceptable to assume that the unrepresented may not be saying the truth since they have taken no such oath."
Truth as defined by many Lawyers:
"Whatever works!"
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