February 11, 2009
TO: Senate Committee on Jurisprudence
FROM: Informed Citizens of Texas, Petition for Redress of Grievance
RE: Performance of Texas Judiciary
INFORMED CITIZENS of Texas respectfully request the Senate Committee on Jurisprudence scheduled a public hearing for inquiry into:
Judicial Transgression of the functions assigned to the Legislative Department
Judicial Refusal to perform Administrative Duties
Consideration of THE BAR ACT proposed to address the foregoing.
INFORMED CITIZENS of Texas is, in addition, requesting an Honorable Legislator author and sponsor a bill to be titled ‘THE BAR ACT’. The Bill will require the quasi State Agency, the State Bar of Texas, to divide the disciplinary functions of the bar into two (2) departments under two (2) different chief disciplinary officers. One for the enforcement of laws that regulate the activities of those trusted with a license to perform the professional functions of an Attorney operating in the private sector of our economy, and another for enforcement of the same on those operating in the public sector of our economy at the direct expense of our Texas Public Treasury, or through a subunit of government operating on our Land of Texas.
USURPING THE POWER OF OUR REPRESENTATIVES
The people of Texas, as the sovereign on this Land known as Texas, have created and delegated to the Legislative Department of our State the duty, obligation, and responsibility to make public law. Our Legislators are enjoined only by the spirit & intent, as well as the plain language, of the supreme Law of the Land (Organic Law, US Constitution, Texas Constitution, Acts of Congress made in pursuance thereof, and International Law that comports therewith) in the operation of this function.
HOWEVER: some of those elected and paid from our public treasury, entrusted to your care and management, have transgressed the limits the law imposes upon the Department of government to ‘make’ law that stands in opposition to the law YOU, our Legislators, have made. They have assumed Legislative power and, in doing so, negated your power.
ADMINISTRATIVE DUTIES ARE NOT DISCRETIONARY
The people of Texas, as the sovereign on this Land known as Texas, have created and delegated to the Judicial Department the duty, obligation, and responsibility to ADMINISTER the Law of the Land. The JUDICIAL function (also known as discretion) of public servants in that Department is limited by Law. The duty of a Judicial Official is to know the law and to administer the law impartially. Administrative Duties are NOT discretionary. They are DUTIES a Judicial Official "shall" perform. It is the duty to ENFORCE the law that governs those licensed to practice law – Attorney – so that the people of Texas, as a Citizen, and as the ‘public’ as a whole, can be have ‘Due Course of Law’ and ‘Due Process of Law’. There must be Law that governs Court Officials (Judges, Attorneys and Clerks), and those laws enforced, or the people and public will be subjected to a never ending course, or process, that fails to provide Liberty and Justice.
Judicial Servants with the DUTY to make, and enforce, Law that governs those licensed to operate in our Courts have neglected and refused to perform their duty to administer the Law upon errant and malfeasant Court Officials. This is particularly true when the errant and malevolent violations of the Law are committed by one or more practicing their profession at the expense of our public treasury.
THEREFORE; Inquiry by the Senate Committee on the Judiciary is needed to address this failure of the Judicial Department as well as the Judicial usurpation of the public law making functions assigned to the Legislative Department.
LAW
A Science or an Art?
LAW is a SCIENCE. This is why reference to the word ‘reason’ is found so frequently in matters of Law. God gave humans the capacity for ‘reason’. Humans (or ‘man’, without gender reference), have the god-given capacity to discern the Laws of Logic created by God. This is what makes humanity unique, separate from every other species and the children of God whereas the animals are not. [Jurisprudence is defined as the study of law as a science. We do NOT hire judges to "develop jurisprudence". We hire them with the expectation that they have ALREADY studied the science]
LAW as an ART is what is practiced by those granted a licensed to practice their profession in OUR Courts. This is where some, for hire, utilize their trade skills to attempt to DEFEAT the Law with clever use of words and manipulation of the process.
Our public servants, serving as Judicial Officials, have a DUTY to make law that applies to these professionals and an administrative DUTY to ENFORCE these laws, impartially, so that the SCIENCE of law prevails over the ART of law.
Some of our Judicial Officials have chosen to utilize their position of public service to practice their ART, rather than perform their duty to administer the SCIENCE of Law. In conscious and deliberate disregard for the TRUTH they have made clever use of words, and manipulated the process, to defeat both the TRUTH and the LAW.
Those employed at the expense of our Texas Public Treasury have a duty fiduciary duty to our Texas Public Treasury and to our Law that does not apply to their professional colleagues operating in the private sector of our economy. These are Attorneys on the public payroll. Their duty to LIBERTY and to JUSTICE and to their Fiduciary Duty to the Public Treasury that funds their professional activities require they NOT use their position to Practice Law as an Art.
The people of Texas do NOT employ 722 Attorneys in our Office of the Attorney General, nor the thousands of Attorneys employed to prosecute State Laws in Offices located in Counties of our State, as District or County Attorneys, so that they can PRACTICE developing the ART of their profession, at our expense.
Unfortunately, they have been allowed by the refusal and neglect of the Judicial Department to perform their ADMINISTRATIVE DUTY to enforce the law that governs the practice of these public servant, to utilize our Office of the Attorney General, and other public financed Law Firms (Office County and District Attorney) as a
PUBLIC WORKS PROJECT
Those licensed to practice law are among the brightest and most highly educated members of our society. Members of this profession do NOT need us, the people of Texas, to guarantee employment and income for these licensed practitioners. But due to the refusal and neglect of Judicial Officials that is what public financed law firms have become. In addition to financial consequences for our public treasury as been the loss of Liberty and Justice for the people of the State of Texas, jointly and severally.
The reputation of the profession as also suffered. Those who are members of this class of professionals are no longer respected and revered as they once were. The public perception is now characterized in movies titled LIAR, LIAR where an Attorney, to be effective in the practice of his profession, must have the capacity to lie.
JUDICIAL ECONOMY & DIGNITY OF OUR STATE
Our Texas Public Treasury has been burdened with the cost of private Attorneys appointed to attempt to counter the unlawful practice of Law as an Art by public Attorneys and the cost of prisons to house the innocent when they fail. There is also the loss of Judicial Economy as our Legislators have been asked by the Judicial Department for additional funding for a case load that would be greatly reduced if the Judicial Officials would perform their ADMINISTRATIVE duty (NOT a discretionary / voluntary duty) to enforce the laws that apply to public, as well as private, Attorneys.
The greatest cost of all has been the cost to the dignity of our Judicial Department and to our STATE government as a whole. This ‘practice’ of the ART of Law, at public expense, in opposition to the SCIENCE of Law, has brought our Courts and our STATE into disrepute locally, nationally, and internationally.
Premises considered INFORMED CITIZENS of Texas, files into the public record maintained by the Clerk of the Senate, and the Clerk of the Senate Committee on jurisprudence, our grievance with petition for redress.
www.informed.org – contact Ed@informed.org Executive Director
Informed
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