PEN-L message, step up, Bar, to the bar

Nader Urges Attorneys and Bar Associations to Defend Justice and Individual Rights Against the Onslaught on the Civil and Criminal Justice Systems

Washington, DC : Today, Independent presidential candidate Ralph Nader sent open letters to Bar Associations in the United States urging them to "seize the opportunity to defend justice and individual rights. It is in times of perceived peril that our Constitution and justice values are put to the test, " Nader said.

Nader highlighted five areas where legal action was needed:

   1. The Patriot Act and the War on Terrorism
   2. Secret Trials and Detentions
   3. The Undermining of the Civil Justice System
   4. Torture Used in War and Occupation
   5. Basic Democracy Rights

Nader said the assault on the criminal and civil justice system could result in an expansion of freedom and individual liberty-but that depends on the organized bar: "Whether that crisis results-as it should-in the strengthening of our Constitution and the rights of citizens or whether it results in an erosion of individual rights depends in large part on whether a critical mass of the 800,000 lawyers in the United States steps up to the challenge."

To:
American Bar Association
National Bar Association
National Association of Criminal Defense Lawyers
American Trial Lawyers Association
State Bar Associations
An Open Letter to attorneys in the United States: Seize the Opportunity to Defend Justice and Individual Rights

Dear Fellow Attorneys:

Looking back on these times people will see it as a time of crisis for the U.S. legal system. Whether that crisis results - as it should - in the strengthening of our Constitution and the rights of citizens or whether it results in an erosion of individual rights depends in large part on whether a critical mass of the 800,000 lawyers in the United States step up to the challenge. The organized bar must speak out. The American people are entitled to rely on the organized bar to be an early alert and warning system in the defense of the Constitution.

Some lawyers are standing tall - David Cole, Gerry Spence, Phillip Heymann among them as well as other dedicated lawyers defending people whose constitutional rights are being violated. However, with the assault on justice in the United States today, more is needed, not only from individuals but from their bar associations.

There are important fronts where legal help is needed.

   1. The Patriot Act and the War on Terrorism: After 9/11 Congress rushed through the passage of the Patriot Act, without deliberative hearings, bowing to intense pressure from the Bush Administration to do so. Laws, with vague nouns, that essentially contradicted large chunks of the Fourth Amendment, for example, allowing secret no-notification searches, the taking of medical, financial and library records, and snooping into email, were put in place. In addition, executive branch actions at the national and local level are assailing the legal and logistical right of people to assemble to protest government actions. Abusive police tactics including preventive detention, infiltrating advocacy groups, instigating disturbances at rallies (undercover operatives have been filmed doing it) and penning off protesters in far-off "free speech zones" are undermining the basic rights of citizens to assembly, free speech and dissent.

3. Undermining of the Civil Justice System: A pillar of justice in the United States has been the rights of citizens to sue when they are damaged by corporations, i.e. medical malpractice, negligence, product liability. This right to sue is under section by section attack by corporate lobbyists and their monetized lawyers along with their bought and paid for politicians under the misleading label of tort reform - in fact it is tort deform as it deforms civil justice based on false and misleading allegations. Officers of the court, on behalf of potential corporate defendants, should not be in the business of taking away generic rights to equal and full access to the courts. It does not pass the smell test.

5. Basic Democracy Rights: The foundation of the legitimacy of our government is under assault by the corporate political party duopoly that will do anything to get elected except, that is, to engage in national redistricting. Among the issues lawyers should be concerned with are paperless electronic voting which hands over the responsibility of collecting and counting the vote to private corporations who do so with secret software that does not allow for a paper audit record for recounts. Felon disenfranchisement is being used to disenfranchise people who are not really ex-felons and deprive them of their voting rights. Obstruction and formal harassment beyond statutory rules - which are already burdensome - against Third Party and independent candidates to prevent them from appearing on the ballot.

Historically, bad times have led to good law as people stood up to the abuse of governmental authority with strong legal representation at their side and the courts delivered good decisions that protected future generations. But, as we know from fighting the good fight, justice needs a voice and if many lawyers continue to fail to answer the call, as is happening too often in the United States today, than the abuse of both government power and due process of law will win the day.

I am writing today to call on lawyers in the United States to seize the opportunity to defend justice and individual rights. It is in times of perceived peril that our Constitution and justice values are put to the test. We need national and state bar associations to step up to the challenge directly, and through their members. It is task force time!

Sincerely,

Ralph Nader