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Abolishing Probate: Massachusetts poised to sanction human trafficking of the elderly

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We the people and Accountability of lawyers

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By , on January25th, 2018

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Self-policing violates a basic principle of law. It will not work in a culture that does not tolerate “whistle blowers”. Honest lawyers seem unable to defend themselves against dishonest members of their profession. Lawyers control most of the government. In order to have a true democracy lawyers need to be accountable to “We the people”. David Arnold

Originally posted in Boston Broadside on line.

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Part 1. “We the People”

The Constitution of the United States begins with “We the people of the United States,…”

Abraham Lincoln said “Government of the people, by the people, for the people, shall not perish from the Earth.”

The United States of America is the best country in the world. The goal of many people in the rest of the world is to live in the United States. I always felt safe living in the United States of America because it is a democracy. The purpose of democracy is to prevent abuse by government.

I never worried about abuse of the power by government until 2012. Someone I loved very dearly was subjected to abuse by a professional guardian appointed by the Probate Court. I was also subjected to abuse. In practice, there was no recourse to the power of the guardian. There were no checks and balances. There was no accountability.

People who have been victims of abuse by court appointed guardians say this is not supposed to happen in a democracy like the United States. This kind of thing only happens in third world dictatorships. But it does happen. I know. I was a victim.

I kept asking myself how this could happen in a democracy. That question would not go away. It remained unanswered for 4 years. In 2016 the answer finally came to me out of the blue. The Probate Court is not a democratic institution. It is a dictatorship (see the December, 2017 issue #45 of Boston Broadside, page 3).

Unfortunately, that is not the end of the trail. There is an underlying problem that makes it very difficult to fix the problems with guardianship.

The French philosopher Montesquieu who advocated the idea of three branches of government also pointed out that the personnel of the three branches should not coincide. If the same people or entity control all the branches of government this negates the checks and balances.

The problem is not hidden. We all have the information needed to understand what is wrong. However, it took me a long time to see the truth that was lying in plain sight. Consider the following:

  1. The Judicial Branch is controlled entirely by lawyers.
  2. The Legislature, both state and federal, appears to be about 60 percent lawyers.
  3. The Office of the District Attorney which is under the Executive branch is controlled by lawyers.
  4. A disproportionate number of governors and presidents are lawyers.

 

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