Friday, December 11, 2009

Privatized Prisons and Judicial Corruption: A Molotov Cocktail That Can Spark The Next Holocaust


The U.S. incarceration rate leads the world; activists are shouting that people are being tortured and killed in prison; Governors are building and privatizing more prisons; and corrupt Judges are openly violating the civil rights of America’s pro se litigants. Evil is happening everywhere. What have you been doing while all of this is going on? There is an old but true saying: some people make things happen, some people let things happen and some people wonder what happened? Which one are you? If you are satisfied being mindlessly plugged into the comforts of “The Matrix”, then you probably won’t be interested in the remainder of this article ; but if you have a thinking mind and want to explore solutions to ease our world’s problems, then read on.


I was reading the headlines last week about the four police officers killed in the coffee house in Washington. The alleged gunman, Maurice Clemmons, 37, was painted as a very bad man. It seems to me, that authorities handled the public, much like dog handlers training tracking dogs. Tracking dogs are taught to identify a person by their scent. We have been taught to ascertain a person’s character based on Authorities’ use of certain buzzwords and phrases: “violent criminal history,” “child rapist,” “robber and thief;” “armed and dangerous.” These are the buzzwords, which at some point have been placed in our collective subconscious and are designed to trigger an acceptance of the devaluation of human life, in this case the life of Maurice Clemmons. At least this is the only theory that I could come up with to explain why no one raised questions and no one was outraged when Maurice Clemmons was denied his right to the presumption of innocence until proven guilty. Clemmons was shot and killed by someone who took it upon them self to be Clemmons’ judge, jury and executioner. Clemmons was entitled to be tried in an impartial court of law by a jury of his peers; but this didn’t happen and no one, not you or I raised an eyebrow.



I believe it was tragic what happened to the slain officers and my heart goes out to their families. And I have to admit; I had pretty much joined the status quo and accepted Mr. Clemmons’ fate without question … until I sat down and watched the Geraldo show on Fox news. Mike Huckabee was a guest on the show and apparently had come under fire for allowing Clemmons to leave jail early. But, based on what Huckabee said , I came to the conclusion that the 37 year-old Clemmons was not always a monster, but had developed into one after he had been victimized by a corrupt justice system.

According to Huckabee, at age 16, Clemmons was given the equivalent of a death sentence for possessing a small amount marijuana or some drug of that sort. According to Huckabee, if Clemmons were another child, he would have just recieved a fine and community service, so Huckabee apparently felt he had an obligation to correct the injustice perpetrated against the 16 year old Clemmons.

Unfortunately, it appears that by the time Huckabee reached out to save him, 21 years later, the damage had already been done. It’s not far fetched to think that Clemmons’ alleged “violent criminal history” was a response to the unjust treatment that he received at age 16. So we can’t condemn Clemmons without also condemning the flaws in the American justice system. This raises another question. Is society really getting a benefit from our courts’ existence, or is society and grieving families just paying for the fallout of the greed and corruption that permeates the American justice system?

We should also be frightened by what appears to be emerging as a new class system, where officers of the court are in one class, and everyone else is in another. I say this because I would like to know when it became okay to circumvent the jury and kill an alleged police killer? Meanwhile if someone takes the life of an average person they get a plea deal and we are lucky if they get, a smack on the wrist. This is true even at the highest levels. For example, a quick internet search will reveal that people have been jailed for allegedly threatening what they believed were corrupt Judges. Some of the alleged threats don’t seem like threats at all to me. I read where one man posted his opinion that a Judge had done something so egregious that he felt the judge needed to die; and allegedly, he also posted the courthouse address and a diagram of the courthouse layout on the internet. These items are already public knowledge, but apparently he was still arrested and thrown in jail.

The scary part is that the President of the United States, Barack Obama, doesn’t even get this level of protection. News reports say secret service for this President has had to increase significantly to keep up with the rising number of threats against his life — yet, I haven’t heard of anybody being jailed for threatening the President. When the penalty for threatening a Judge is harsher than the penalty for threatening the President of the United States, we should pause and ask ourselves why?

If we don’t challenge a corrupt judge’s power to lock people up in private prisons so that he may enrich himself, like the Pennsylvania judges did earlier this year in the kids for cash scheme, then we are just polishing the stepping stones for the next holocaust; a holocaust not based on purification, but a holocaust based on corruption and greed.

We tend to think bad things happen to other people, and not us. But if we allow Maurice Clemmons’ to be shot and killed for being suspected of killing four police officers, and we don’t even raise our voice to ask why this man was not treated as innocent until proven guilty and taken before an impartial court of law, then I am wondering, if in remaining silent, are we implicitly sanctioning the devaluation of our own life and facilitating the manifestation of a new way of living … life under a second holocaust?

Before I say anything else, let me disclose my bias. I believe that corrupt elements in the American justice system create criminals. I believe corrupt officers of the court are enriched by the creation of criminals. I believe that America’s trend toward building more prisons and privatizing them are a dangerous direction to be moving toward. I can envision the second holocaust occurring as a logical progression of privatizing prisons. This opinion was cemented, after I read about the “kids for cash” scandal.

So now that I have disclosed my bias, let me tell you what has been on my mind … the mechanics of the first holocaust. I think in understanding the logistics and mechanics of how the first holocaust came to fruition, we can identify leading indicators to alert us to the formation of a second holocaust.

I did some preliminary research to discern the evolution of concentration camps as they compare to the evolution of our courts and prisons today. According to accounts, the holocaust didn’t happen overnight; it was implemented in stages over time. It started when Jewish people were stripped of their citizenry, and placed in ghettos called Jewries, they were later moved to concentration camps; and the concentration camps evolved into death camps.

The American justice system is evolving into something chillingly similar. Corrupt American Judges are depriving citizens of their rights (i.e. stripping them of their citizenry). We have UPL laws to block people from gaining the necessary resources to assert their rights intelligently.

We have innocent people being thrown into jail, DNA testing has freed some innocent, but how many more innocent are trapped behind bars, or worst, has been killed behind bars? Jail, after all, is just another ghetto.

The jail ghettos like concentration camps are owned and operated by the government. We don’t have to wait until the government privatizes jails to know that American run jails can also evolve into death camps. We need not look any further than the atrocities committed at Abu Ghraib to understand the potential; and if we speak to some activists they will tell you that Abu-Ghraib-like conditions and scenarios exist right now in some U.S. prisons.

But what I really found interesting was that citizen complacency was an important factor and key to the enabling of the holocaust. Once Jewish people had been removed from society (i.e. put in jail), it became easier for the Nazis to demonize them and for Germans to ignore what was happening.” Out of sight; out of mind.

It is no different here and now in America. People are suffering at the hands of corruption in the American justice system and no one seems to care. People are removed from society and placed in prisons, where it becomes easier to demonize them, like the demonizing of Clemmons, because after all they are criminals.

Without any first-hand fact checking, I was receptive to the fact that Clemmons was a demon. The truth is, he might have been, but don’t I owe it to my fellow man to inquire into the matter first-hand? In helping to preserve Clemmons rights, I am actually helping to preserve my own.

For example, according to accounts, the Polish sat comfortably to the east while Jews in Germany were annihilated. But who can blame the Polish, after all they were living comfortably, Hitler wasn’t bothering them; besides what could they do? But then Hitler came for the Polish. By that time it was too late to rethink their position. The Polish and the Jews would have been a lot stronger if they had taken a collective stand when Hitler first targeted the Jews.

Human nature is infused with a characteristic called self-preservation. Mindless people think self-preservation means to use others to help ourselves. Thinking people understand that self-preservation means to help others, because in doing so we are also helping ourselves.

Saturday, November 7, 2009

A Challenge to the Legal Landscape

The legal landscape nationwide will change overnight if Efrem Martin, paralegal and former U.S. Marine, challenges the State of Colorado and the Colorado State Bar Association in Federal Court over the Unauthorized Practice of Law Statutes in that State ... and HE WINS!

Mr. Martin, a paralegal of 25 years, is currently being investigated and possibly facing criminal charges because he offers paralegal support services directly to pro se litigants -- a practice that his state has deemed illegal. In fact, UPL statutes protect Lawyer monopolies on the public's access to legal information in just about every state. Mr. Martin believes that pro se litigants have a right to paralegal support services just like attorneys.

Deirdre Glascoe, Executive Director and Founder of the National Association of Pro Se Litigants, Inc. (NAPSL) believes that the State Bar's claim that prohibiting paralegals from providing services directly to the public as a means to protect the public is a ruse. Glascoe believes UPL statutes are in place solely to stamp out competition and to force the public to pay unregulated attorney fees upwards of $400 per hour. Ms. Glascoe believes this is evidenced by the fact that the UPL investigation against Mr. Martin was not initiated by a member of the public who allegedly needed to be protected, but by Colorado Attorney, Byron Large, an attorney that Mr. Martin believes felt threatened that Mr. Martin was encroaching upon his [Large's] business. Mr. Martin plans to fight the investigation, and defend his right to operate a solo paralegal practice, and defend pro se litigant's right to procure legal support services directly from paralegals. "I took an oath to defend and protect my country against all 'Foreign and Domestic Enemies' and the American Bar Association is a domestic enemy." Mr. Martin says.

The National Association of Pro Se Litigants, Inc. supports Efrem Martin's position. Mr. Martin's full story can be found at http://www.napsl.org/

Tuesday, November 3, 2009

Efrem Martin, Certified Paralegal Speaks out on UPL

Mr. Efrem Martin speaks out about the investigation pending against him.  I think it is important to carry his message in its entirety.  As I indicated in a previous post -- Shutting Mr. Martin down, takes away our rights! Here is his position in his own words:

"I am currently being investigated for Unauthorized Practice of Law (UPL) here in the State of Colorado. After 25yrs of being a certified paralegal and having the educational and professional background experience, an Immigration Attorney by the name of Bryon Large attorney registration number #38574 here in Colorado feels threatened by me and sent an email to the Office Of Attorney Regulation in Colorado stating that I am in violation of UPL, I am now their target. Now before I start this email remember that it was an attorney who reported me not a formal complaint filed by a citizen in Colorado that I have worked with in the past I want to make that perfectly clear. Professor I really don't care who you share this email with because I am going to fight this to the very end, even if I have to take it to the United States Supreme Court. I am a former United States Marine (USMC) I took an oath to defend and protect my country against all "Foreign and Domestic Enemies" and the American Bar Association is a domestic enemy.

I received my Paralegal Training from the United States Marine Corps (USMC) in 1984 and I helped defend the legal rights of every Marine not some and if the United States Marine Corps (USMC) had full confidence in me to handle the day to day legal affairs off all Marines from Officers, Generals to Enlisted Marines, I am sure that I am capable and qualified to work with Pro Se Litigants. Let me give you further understanding about me, I have worked professionally in the Criminal Justice System my entire career over 20yrs not just as a Paralegal. I have never been arrested or incarcerated in my 44yrs of living. I have a BA in Criminal Justice & Economics, I obtained my Paralegal Certification from the United States Marine Corps (USMC) in 1984, I have a very diversified background, I am more than just a paralegal. I am a former State of Colorado Juvenile Probation Officer, former Paralegal Supervisor, former Investigative Assistant working with White Collar Crime, former High School Teacher, former Restorative Justice Coordinator with Middle School Children, I worked for a Law Firm as a Document Clerk & Paralegal, I also worked for a Private Solo Bankruptcy Attorney, I am not a rookie or a first round draft choice out of paralegal school, I am a seasoned veteran but that does not mean anything to the American Bar Association. I have several problems with the American Bar Association and their continued unwillingness to address the real issues of Pro Se Litigants and the continued denial of fair and equal access to the Legal Services Industry. Professor Mongue you know as well as I do that the American Bar Association is not interested in providing access to justice for all people, I have worked in the Criminal Justice System far to long and have witnessed the atrocities not heard stories from other people but have witness through my own personal and professional experience in how to gain access to the Legal Services Industry is impossible for those people who are poor and have no economy of scale in their favor. I am not going to stand by and allow the American Bar Association or any other State Bar Association continue to support the hypocrisy that they say they are against for all people.

The American Bar Association controls all the Paralegal Organizations in this country and that is for one reason only to have full control and continue to monopolize their very existence and keep them fearful. As a Marine I learned that "FEAR" is the number one way to control people, if people are fearful of you then they won't challenge you. The American Bar Association has that fear in citizens and non-citizens in the United States of America, I see it and deal with it everyday. I will never join any of the Paralegal Organizations in America because they are not about the Freedom of Choice or the Freedom of Pro Se Litigants rights in this country. Paralegal organizations are a front and support all the decisions the Bar Associations give them and that is for one reason only. Paralegal organizations are "Fearful" of the repercussions that the Bar Associations will hand down to them. If I were a member of any Paralegal Organization right now they would abandon me and turn their backs on me, they would not support me in any manner and they would hand me directly over to the enemy The American Bar Association. The American Bar Association does not want to talk about Race, Class, Economics and Social Status regarding people of color and poor people who are severely underrepresented in the court systems in this country this is a dead silence issue for The American Bar Association. The American Bar Association does not support fair and equal access to justice for all people because this would mean that they would have to accept the reality of Race, Class, Economics and Social Status of all the citizens and non-citizens in this country. I am tired of having the American Bar and all the State Bar Associations tell me what I can and cannot do, it is interesting to me that when I took my oath of becoming a Marine to defend this country I don't remember it being that I would defend this county and the Constitution of the United States sometimes and for some of the citizens and non-citizens in this country, I put my life on the line so the American Bar and all State Bar Associations would preserve and support the choices, rights and freedoms of every citizen and non-citizen not some.

The hypocrisy lays within all the Bar Associations and it offends me as a human being first, Marine second that I must now after 25yrs of loyalty to this legal profession go to court and defend myself and my actions of helping all people who do not have access to the courts in this country because the American Bar and State Bar Associations are accusing me of "Betrayal" to every citizen in this country that has a Constitutional Right in which I helped defend them to have. I am offended on so many levels I don't even know where to began, this is not about me in anyway, shape or form this is about the Constitution of the United States and is about the Freedom of Choice that all people who live in the United States of America have the Constitution guarantees this. The Constitution is not a document that should ever be used against the American People it is what we live by and die by. I will fight the American Bar and any other Bar Association for the Freedom of Choice that Pro Se Litigants have, I will never be dictated to by any Bar Association who I can and cannot help. I became a Paralegal in the United States Marine Corps (USMC) in 1984, I received my Good Conduct Medal in 1987, I received my Honorable Discharge in 1988, I do not have to explain myself to any civilian who is a hypocrite and refuses to help all people access the court system in this country and who believes that I am beneath them. I became a Paralegal to help all people, regardless of race, class, economic status, religion, beliefs, sexual orientation but most of all, all human beings period!

The American people must abide by the laws of the land, the American Bar Association is not the Title Holder of the laws in this country, but for whatever reason they lost track of who they are, and have forgot that you work for the people in this country, the people don't work for you and ultimately you will be held accountable to the American people. The American Bar Association has a lock and monopoly on the Legal Services Industry, this is foul, unethical, immoral and shows their hypocrisy but more than anything else it goes against the Constitution that I put my life on the line for every citizen and non-citizen in this country. I don't need the validation of the American Bar Association or any other State Bar Association to tell me that Paralegals can only work for them and only work for Law Firms, or only work under the direction of an attorney that is a monopoly and hypocrisy. The American Bar Association cannot justify to me or the American people that have been priced out of the Legal Services Industry that they care about all people. In 25yrs of helping everyone who needed help in the Legal Services Industry I have never had a formal complaint filed on me or against me and the reason is because I am a human being first and treat and respect the freedom of choice that all citizens and non-citizens have. So to come after me and try and coerce me into saying that I have practiced law and have put myself out there as an attorney practicing law is a direct attack on my integrity and self worth. I will not allow the American Bar Association, The Office of Attorney Regulation in Colorado intimidate me and force me to give up my rights as the Constitution of the United States says that I have.

People are tired of the nonsense, unethical, immorality and non-empathy of attorneys. People are tired of being told that they must be represented by an attorney because Pro Se Litigants don't know what they are doing. Not everyone needs an attorney, not everyone is ignorant of the law, like the Bar Associations leads the American public to believe and think people are, not everyone wants to be in the presents of attorneys and this is called "Choice" the Freedom of Choice. The American Bar Association and all State Bar Associations cannot continue to hide behind State Statutes and then use those State Statutes to justify their monopoly and reluctance to help all people gain access to the court system and then turn against the American people. Attorneys can challenge me if they want, but they know that I am telling the truth because if I were not telling the truth, I would not be the subject of a UPL investigation. I am done do with this email you can do whatever you like with this email, I will not run and hide and put my tail between my legs and roll over for anyone when it comes to standing up and protecting the Freedom of Choice for all people in this country. I have children and if I am going to have them become decent human beings I must defend their Freedom of Choice or else they don't stand a chance. "

Efrem B. Martin BA, Certified Paralegal & Owner
Martin Paralegal Services LLC
http://www.martinparalegalservices.com/

Saturday, October 31, 2009

Three Things You Should Know Before Hiring a Lawyer

By Deirdre Glascoe a.k.a  "The Legal Critic"

Growing up I used to hear a lot of lawyer jokes. I never understood why lawyers received such bad raps until after I had hired a few. There are good lawyers out there, but seven out of ten lawyers that I used, turned out to be incompetent, unethical, or just plain old slime-balls. In retrospect, I could have saved myself several thousand dollars if I had known three things before hiring a lawyer.

1. WHOSE SIDE THE LAWYER IS REALLY ON.
You might think that contemplating whether your lawyer is on your side is a silly thing to have to wonder – of course he’s on your side, you’re paying him right? Wrong! A lawyer has three conflicting interests: self-interest; the court’s interest and his client’s interest; and he exercise his loyalties in that order.

First, a lawyer has to eat just like you; so you shouldn’t be surprised that self-interest comes first. When you walk into a lawyer’s office do you really think he ponders whether he can right a wrong against you? Absolutely not! He ponders the compensation, no not for you silly – for him! If your case can’t generate enough cash to buy him a yacht, he will probably look at you with an empathetic face and say “Sorry, you have no case.”

Second, there’s the court’s interest. Yes. It’s hard to believe, but the court’s interest takes precedence over your interest. Your attorney is an officer of the court, and therefore has a duty to the court. The conflict between the court’s interests and your interest usually manifests in the form of resource management. The court wants you out of the system as quickly as possible, because frankly, they can’t handle all the people they arrest. So why do they arrest more people than they can process? That’s a topic for another article, but let’s just says it’s a lucrative industry.

Back to this topic though, the court wants to reduce its workload; so it will attempt to bully you into accepting a settlement even if the law is on your side. The court will look to your attorney for assistance. So, instead of vigorously pursuing your case, it’s your attorney’s job to convince you to settle; and he will use every bit of trickery he has trying to convince you. Except, of course he first weighs his interest against the court’s interest and won’t pressure you to settle until he has drained all of the blood out of that stone you call a purse. When he doesn’t think he can get any more money from you, he might just settle your case without your permission.

Finally, your interest bubbles to the top of your attorney’s priority list, but by this time, he is bored and ready to move on to his next victim … oops I mean client.

2. WHETHER YOUR LAWYER IS IN GOOD STANDING. No, not with the State Bar silly; you need to know what kind of standing your lawyer is in with his previous clients. This can be a good indicator of the treatment you can expect from him. Humans are creatures of habit. If your potential attorney screwed previous clients, it’s a good chance he’s going to screw you.

To obtain the attorney’s standing, take a trip to the court clerk's office. Enter the attorney’s name in their public database and look for pleadings and filings that the attorney has filed in the past. Write down his former client’s names off of the pleadings. To find the outcome of the case write down the case number and ask the clerk to let you review the case file. A disposition, stating whether a judgment was entered for or against the attorney’s client should be on top. Compile the names from cases that the attorney has lost into a list.

When you visit the attorney, give him the list of names you’ve obtained and ask him for the contact information so that you may check his references. If he gives you some spiel about attorney-client privilege being the reason he WON’T ... oops CAN’T give you the contact information, then this should be your first clue that its time to find another attorney. A competent attorney can find a solution to any problem; so a competent attorney might say “I can't give you their contact information -- but I will give them YOUR contact information and have them contact you.”

If the attorney is in good standing he will contact the client and ask them to call you and give him a reference. But if you don't hear from the client or the attorney again -- count yourself blessed, and move on.

3. IF YOUR ATTORNEY MISDIAGNOSES YOUR CASE, HE CAN CAUSE YOU TO LOSE RIGHTS.

Lawyers like to make the most money with the least effort. Therefore after listening to the facts of your case, if they haven’t already stood up and shown you the door with their “you have no case” spiel, then the next step will be to determine which aspects of your case to cherry pick in order to maximize financial compensation. No; not financial compensation for you, silly; financial compensation for them.

Cherry picking is harmful; it can cause you to forever lose the rights that weren’t picked. This is because of two legal doctrines: res judicata and collateral estoppel. In my new book A Game Called Justice, I explain how my attorneys mishandled my case and under these doctrines caused me to lose rights.

So if you haven’t already figured it out, I’ve had some attorneys who left me in a worst position than I was before I entered their office. So my final word of caution — if you come across any of my former attorneys, named in my book, RUN!!!


Deirdre Glascoe is the founder of the National Association of Pro se Litigants, Inc,(www.napsl.org) The story of Ms. Glascoe’s personal struggle with the U.S. justice system, her proposed new attorney rating system, and the “Justice Game,” which she created for all those entering a courtroom can be found in her new book, A Game Called Justice. For more information, please visit www.agamecalledjustice.com or see the book listing on Amazon.com.