with BBO have certainly been the fox
guarding the chicken coop type.
The below sounds like it should
apply to all of the states . . .
Bill would bar the N.H. Bar Association
House Bill 541
will repeal the corporate charter
of the New Hampshire Bar Association.
Grounds for revocation of the charter
arose as a result of judicial fiat
by the New Hampshire Supreme Court
asserting a very dubious and self-serving
claim of "inherent judicial
Voila, a unified bar was created
placing the livelihood of every
attorney in the state under the
direct control of the Supreme Court
and providing the cover of coerced
silence to the predilection of the
court to legislate from the bench.
This placed the bar in a plain and
egregious violation of Article 83
of the New Hampshire Constitution.
The status of the Bar Association
is, in reality, a closed shop —
a brotherhood of a predominantly
like-minded, self-interested elite,
united in its devotion to the interests
of the judiciary.
Members of the bar are found in
all three branches of our government.
This obvious conflict of interest
is prohibited by the separation
of powers enumerated in Article
37 of the Bill of Rights. Concentration
of such multiple powers constitutes
a violation of the Constitution
and is in opposition of the oath
of every attorney.
Article 83 delegates to the Legislature
"to enact laws to prevent the
operations within the state of all
persons and associations, and all
trusts and corporations, foreign
or domestic, and the officers thereof,
who endeavor to raise the price
of any article of commerce or to
destroy free and fair competition
in the trades and industries through
combination, conspiracy, monopoly,
or other unfair means ..."
The evils sought to be prevented
by this constitutional provision
have been neutralized by the Supreme
Court-mandated monopoly of attorneys.
Restoration of the free market can
only be accomplished by dissolution
of the current monopoly. HB 541
addresses this important and necessary
consumer protection legislation.
A public hearing on HB 541 was held
before the House Judiciary Committee,
and resulted in a subcommittee formed
for in-depth study. This power to
repeal was wisely reserved by the
Legislature in the charter granted
in 1873. The penalty for breach
of Article 83 will be the liquidation
of all Bar Association's assets,
to escheat to the state.
All attorneys are now compelled
to be members of the unified bar,
pay annual dues or lose their ability
to engage in their profession and
earn a living. Each attorney must
also pay annual taxes in amounts
ordered and determined solely by
the Supreme Court. Thus, the bar
acts as the court's subservient
agent in enforcing the attorneys
compelled performance and collection
of the unconstitutional exactions.
Black's Law Dictionary, sixth edition,
defines such action as "criminal
coercion" and referenced as
a prohibition in the Model Penal
Code 212.5 .
A lobbyist testifying at the public
hearing for the Bar Association,
stated over 5,000 attorneys are
now practicing in this state. All
are compelled by the Supreme Court
to pay into a Public Protection
Fund, now in excess of a $1 million
and controlled by the Bar Association
for its own use and benefit. Public
accountability requires an audit.
Over 500 attorneys now receive bi-weekly
paychecks provided by the taxpayers.
The first principle of justice is
that "no man should be the
judge of his own case." This
maxim is violated by judges and
lawyers who have created their own
committees to review their own conduct.
This is akin to the fox watching
the chicken coop and is a serious
conflict of interest.
The mandate against monopolies in
Article 83 is ignored by the Supreme
Court and its creature, the unified
bar. Accordingly, it must be dismantled.
Any voluntary private bar organization
may lawfully exist for public interest,
but cannot be a monopoly with compelled
All readers should contact their
representatives, senators, executive
councilors and the governor. Demand
the monopoly New Hampshire Bar Association
be dismantled by enacting HB 541.