Should someone who is accused of murder have the right to a fair trial?
How about an accused terrorist? Or an accused child molester?
Should a United States citizen have the right to justice and due process and fair treatment in the eyes of his government?
I think I know the answers to those questions, and I didn’t learn the answers in law school. I certainly didn’t learn the answers to those questions during years spent practicing law. I learned the answers to those questions beginning in elementary school. And while we think we know what the answers to those questions, we also know that for many citizens, they will not receive a fair trial, they will not experience justice or the protections of due process and fair treatment in the eyes of this government. But not all citizens should receive such treatment from their government, from the courts….I’m speaking of course about defendants in foreclosure cases. They are not entitled to such protections because, after all, they didn’t make their mortgage payments.. Well, what is we applied this same theory of justice in criminal cases? What’s the point of a trial, after all, the defendant actually admitted he did the crime. Well, guess what….even if a defendant really does admit to crimes, judges still force prosecutors to make their case, to put on evidence, to FOLLOW THE RULES. And if they cannot follow those rules, occasionally guilty men do go free. We accept this consequence in America because we recognize that we must apply rules in this fashion to create a more stable and lawful environment as a whole. Remember the phrase,
It’s better that 100 guilty men go free than 1 innocent man goes to jail.
In the context of foreclosure, it can sometimes seem that the opposite is true
It’s better that 100 foreclosures are granted improperly rather than 1 homeowner win.
We all need to wake up to the horrifying implications.
I am very fortunate to practice in an area of the state where these issues are known, acknowledged and considered. The judges who have the honor of serving, know they serve not just citizens, their neighbors, their constituents, but the much larger interests of justice as a whole. I see it in the way the judges treat those who come before them without attorneys…..they are treated with all the respect and dignity that a sitting judge would receive…because the unrepresented, pro se litigant is entitled to the same respect as a judge or an attorney when he appears before the bench. I see it in the way bailiffs and judicial assistants treat attorneys and litigants….total respect for the court is not enforced….that’s dignity for the system. I see it in the way judges treat well-prepared and competent attorneys….with respect and due consideration for proper argument.
This nation was built on laws and on a strong, independent and fair court system….some believe we’ve lost all of those things…..and to a certain extent they are correct.
We’ve all got to recognize how much we’ve lost…then we’ve got to work with our judges and within the judicial system to put them right.
Florida’s judges cannot speak out….they’ve been formally gagged, prevented from speaking out to those that they serve in a case that went all the way up to the Florida Supreme Court.
Our courts need you, the people…and committed attorneys to stand up and speak for them. Will you be one of those voices that supports our courts?
Foreclosure defense is not just about saving people’s homes. It’s about protecting and defending….yes saving the whole of the judicial system….
Just listen to what another foreclosure defense attorney (certainly one of the very best) has to say about it….
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