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. 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
http://mtlegal.blogspot.com
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