By Contributing Writers | Americans For Innovation | Dec. 30, 2012
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DC Bar, the second largest bar association in the United States. The letter replies to Dr. Lakshmi Arunachalam regarding attorney and judicial misconduct in the Leader v. Facebook patent infringement case set for conference at the U.S. Supreme Court on Jan. 4, 2013. See "Prominent Americans speak out for Leader Technologies." Dec. 6, 2012.
On Dec. 20, 2012, the DC Bar Counsel sent a letter (also embedded below) to inventor rights activist Dr. Lakshmi Arunachalam absolving the DC Bar of any responsibility to report judicial and judicial employee misconduct to the proper legal authorities. Dr. Arunachalam holds numerous Internet patents and is the former Director of Network Architecture for Sun Microsystems. Dr. Arunachalam responded with a primer on attorney and judicial ethics.
Has DC attorney patronage replaced the rule of law?
|The Patronage Flag of the United States|
The DC Bar changed its story
The DC Bar’s first response to Dr. Arunachalam on Nov. 1, 2012 said that Federal Circuit Clerk of Court Jan Horbaly was the only Federal Circuit attorney who was not licensed in DC. This second letter implies that none of the Federal Circuit judges in the complaint are licensed in the District of Columbia. Let's be clear, the Federal Circuit attorneys and judges work within a block of the White House in downtown Washington D.C. None of them are licensed in D.C.?!
The DC Bar sidestepped Dr. A’s main point that the DC Bar Rules of Professional Conduct “requires that members of the profession initiate disciplinary investigation” when they have knowledge of a violation. The Rules also dictate that “A lawyer who knows that a judge has committed a violation . . . shall inform the appropriate authority.” R.Prof. Conduct Rule 8.3.
Instead, the DC Bar continued to quote the other disciplinary procedure for judicial misconduct that points complainants to “The Circuit Executive,” which in this case is Clerk of Court Jan Horbaly—one of the attorneys being complained about.
Federal Circuit a legal technocracy?
By refusing to follow the Rules of Professional Conduct, the DC Bar essentially proclaims the Federal Circuit a legal technocracy ruled by an “Executive” in Clerk of Court Jan Horbaly who is accountable only to himself. Their disturbing letter says that the Federal Circuit judges and clerk are only accountable to individual discipline in the states where they are licensed, yet those states have no jurisdiction whatsoever over the Federal Circuit or its judges.
|The United States of America -or- The Attorney Patronage States of America?|
How can any patent holder ever hope to find justice in a Federal Circuit (which handles ALL patent appeals) that is so corruptly managed by cronyism and a mishmash of ambiguous and self-serving rules?
The letter says “we have no jurisdiction over judges.” However, that statement ignored Dr. Arunachalam’s main argument that the DC Bar’s knowledge of the misconduct requires them (as attorneys) to “inform the appropriate authority.” The DC Bar is refusing to follow its own Professional Rules. See Rule 8.3 above.
The Rules say that the attorney who learns of misconduct is required to report. The Rules say nothing about the non-lawyer messenger being the one responsible. Given the Byzantine maze of rules that the legal profession puts forward as its self-regulating guidelines, such a suggestion is obscene frankly.
Attorneys ruining Washington, U.S. patents and U.S. governance?
The DC Bar’s letters further illustrate how attorneys are ruining Washington, constitutional property and civil rights. Attorneys comprise almost 50% of Congress and the Cabinet. These DC attorneys cannot even “self-police” their profession in the face of judicial financial reports (prepared annually by the judges themselves) that reveal the Leader v. Facebook judges held undisclosed stock in Facebook, then benefited themselves by ruling in Facebook’s favor.
Will the U.S. Supreme Court push back on this ethical darkness? We’ll soon know.
* * *DC Bar Reply to Dr. Lakshmi Arunachalam's disciplinary complaints against Federal Circuit judges and the Cl...
- "A Cocksure Facebook? Dec. 11, 2012.
- "Will the U.S. Supreme Court support schemers or real American inventors? Dec. 27, 2012.
- "Prominent Americans speak out for Leader Technologies." Dec. 6, 2012.