The long-held monopoly on the practice of law by licensed attorneys has indeed served to protect individuals requiring legal services from malpractice, but it has also served to protect the State from true challenges to its authority and practices. Sometimes the system and its players are what should be lawfully challenged in court… but those beholden through tens of thousands of dollars in education investments to the good graces of judges may find themselves in a position where they cannot properly defend their clients. This is why in New Hampshire I believe RSA 311:7, the prohibitor on allowing lay individuals to represent individuals, should be eliminated and the NH Bar Association’s monopoly on the practice of law dismantled.
As many of you may already know, I am not a lawyer. I am a former law enforcement officer who has spent many hours studying law and listening to judicial oral arguments in efforts to better understand the American legal system and its function. In 2011/2012 I was authorized to represent a journalist named Jason Talley in front of the Cheshire County Superior Court for charges stemming from his mere possession (not use) of a camera in a common area of a court. Jason and I “won” the case together by attacking the system and individual judges for misconduct. A licensed lawyer who regularly practices law in front of these judges most likely would be apprehensive to do the same out of fear of retribution from the very people who can control their law licenses or liberty interests of future clients.
As it stands now, a person of “good moral character” can practice law in New Hampshire so long as they don’t do it “commonly.” What does “commonly” mean? It seems to mean whatever the judge of the day thinks it means.
I believe this prohibition needs to be struck down… and I believe this prohibition is in direct conflict with the New Hampshire Constitution, specifically Part I, Article 10. That’s right… it is my position that the NH Bar Association and NH Attorney General cannot monopolize and prohibit individuals from practicing law if they are intent on “reforming” the government through the codified Right of Revolution.
It is undeniable: The State of New Hampshire was founded by rebels. Rabble rousers who were rousing rabbles. They clearly had concern that future government might twist into the type of institution that they had fled from: a government that offers special protection to some, but not all, citizens.
In State v. Jason Talley, Jason and I roused a few rabbles of our own by arguing that certain judges within the New Hampshire Judicial Branch were a class of men that were being afforded special levels of protection from accountability. If unsubstantiated these arguments could have landed Jason and I in jail through contempt proceedings. We weren’t tossed into a jail cell though… because these arguments and allegations were factual.
I made these arguments on Jason’s behalf and ultimately secured the case being dismissed. As I mentioned above, a licensed attorney may have been reluctant to make such an argument out of fear of reprisal… and Jason may have been unjustly been found guilty and had his liberty stripped from him.
The Right of Revolution, Part I, Article 10 of the New Hampshire Constitution, authorizes the reformation of government if certain conditions are met. How better to peacefully reform the government than to practice law and challenge the system when it is acting contrary to the public interest? If that constitutional amendment doesn’t allow the respectful and proper formulation of legal arguments for a consenting litigant then what possibly could it ever stand for? Is it just words on paper that government authorities would rather just ignore than honor?
Well, I intend to find out.
To New Hampshire Attorney General John M. Formella: I do apologize to you as an individual human being (you’re probably a really decent guy) as for the headache I am going to bring you. This was before your time and was absolutely not your fault. But… you’re the man in charge now.
Just look around on X or Facebook on any given day… New Hampshire is going through a revolution. I say we keep the revolution peaceful, lawful, and on paper in intellectual arguments filed in the court system… and at the ballot box.
I encourage everyone to watch the following video to refresh your recollection of what happened nearly thirteen years ago. A man named Ademo Freeman has his rights violated and as a result of that Jason Talley had his rights violated. This was unacceptable then and remains unacceptable now. The State of New Hampshire Judicial Branch has to swallow the reality they have created for themselves: they are above the law.
Violence isn’t the answer to injustice in the world.
Reasoned, respectful, and civil debate in the court system is.
Stay tuned for updates as the case is filed and progresses!
Please be kind to each other in the comment section. You don’t have to be kind to me though, you can let me have it with both barrels if you feel so inclined. The ironic part is, though you may attack me, I’m standing up for you and your right to challenge the system if accused of something unjust.
