I was going to start the post my directly and ask,
Why do judges largely not care about consumer justice?
But then I realized that was far too naive a title. The fact is, Consumer Justice, like Racial Justice or Gender Justice do not fit into the (largely) institutional paradigm of judicial molding. Now sure, there are many judges that come up through the ranks, through the gritty world of public defenders offices and some public policy spheres but how many actually spent their formative professional careers in the trench warfare that is consumer litigation?
The fact is that developing the DNA that forms a lawyers acute sense of institutional wrongdoing that becomes so deep that it pulls like gravity takes decades to develop….and it’s got to layer upon you, ever so slowly, over a young lawyers lifetime.
And so, if your formative legal years are on the side of prosecuting criminals, or serving the interests of corporations or managing the affairs of a large corporate-driven law firm, you’re not layering on the patina of life required to yearn for Consumer Justice. Now surely, there are many judges that recognize the power of the Judicial Investiture, that time when a lawyer is reborn, when the black robe is slipped on for the first time and all the prior sins and preferences that took decades to develop are stripped away and the judge is reborn again anew….fresh….a blank slate, a clean canvass. Like a sinner who is born again, the dark clouds of a lifetime spent in service to The Dark Side are forgiven and forgotten…those decades of service in the dark arts of corporate and institutional servitude…and the judicial soul is reborn, walking in the new light of true neutrality and real justice.
In the space of foreclosure defense, we wait, patiently, persistently for the judicial soul to be reborn…for the revelation to come. For the bench to wake up one day, the bright and enduring light to break through and realize….
There must be some justice for consumers in this nation. There must be some sense of balance and fairness. This nation cannot stand beside and continue to heap upon corporations and institutions all of the power and resources and preferences of government at all levels. The scales of equity must not forever tilt so grossly in favor of executive branch institutional preference, with agency heads and police power bought and paid for by the forces that should be regulated and policed. And a legislative branch, and with it all their laws, every letter, every sentence, every paragraph in every unbalanced bill bought and paid for by the very same corporate and institutional forces that own the executive branch.
The three legged stool that is our American delusion demands so much of the third leg. It demands that the third leg be stronger and push back against the dual forces of the other branches that bully and beat back…that oppose the larger interests of public justice.
In the space of foreclosure and consumer justice, we see gross and systemic violations of the larger interests of broad-based consumer justice. Not just the bodies of substantive law…fraud and forgery and breaches of contract. But breaches of those larger principals of good faith and fair dealing, those responsibilities of service to the larger national, local and individual interest. These systemic violations are breaches not just of individual corporate and individual responsibilities, but breaches of the larger and far more enduring interest….the universal interest of the larger public trust.
Our nation placed trust in the corporations and interests that owe their very existence and indeed the current extraordinary wealth and power they enjoy. They violated that sacred trust. It’s up to our nation’s courts to recognize these violations and set the stool back in balance.