The ultimate legal nightmare for America
Posted: October 04, 2010
By Judson Phillips © 2010
There are many laws out there that make up the Lawyers' Full Employment Act.
Many of these laws seem to have only one purpose: That is, to put lawyers to work. Now, there is one proposal that puts all of these to shame. A group of liberal lawyers in Wisconsin has filed a petition with the Wisconsin Supreme Court for implementation of what is called "civil Gideon."
Gideon refers to the Gideon v. Wainwright, the 1963 case that established that if someone who is charged with a crime is indigent then the government must provide them with a lawyer. Since Gideon the cost of criminal cases has exploded. In many jurisdictions, lawyers actively seek out these appointments, as they are very lucrative.
Now, these liberal lawyers in Wisconsin want the Wisconsin Supreme Court to order that in certain civil cases if someone is "indigent" they have the right to a court-appointed lawyer. These cases involve issues of "sustenance, shelter, clothing, heat, medical care, safety, child custody and placement." What does this mean? If you can't afford clothing from Banana Republic, you get a lawyer to sue someone so you can afford it? If the Wisconsin Supreme Court grants this petition, the voters of Wisconsin are not even going to get a vote on the matter. They are going to get stuck with a tab that will start at $50 million to $80 million!
One thing we know about government programs is they never come in under budget. And if this program is approved, it will be copied in other states. At a minimum, this could cost taxpayers nationwide $3 billion to almost $5 billion. And that is if the costs are kept within budget. We know how often that happens with government programs.
Realistically, this is simply the beginning of the nightmare. First, there are no restrictions in the plan on who can receive these services. In other words, illegal aliens and their aiders and abettors will be lining up. Under the Gideon rule in criminal courts, a defendant gets an attorney, regardless of immigration status. Imagine you are a landlord and you do not want to rent to an illegal alien. Since this law provides for lawyers on issues of "shelter," your tax dollars are going to go to the lawyer so he can be paid to represent the illegal alien who is going to sue you.
For years, conservatives have complained about the Legal Services Corporation. This "corporation" was created by Congress to offer legal services to the poor. Instead, it has been used to advance left-wing issues through litigation. When Republicans control Congress, restrictions are put in place to keep it from being used for political purposes. If "civil Gideon" is enacted in all 50 states, any such regulation will be impossible. This will be the ultimate legal litigation nightmare for America.
The bad news is, this will cost billions of dollars America cannot afford. The good news is, if this goes through, at least the unemployment rate for lawyers will drop.
http://www.wnd.com/index.php?fa=PAGE.view&pageId=211285
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