Bailey Challenges Supreme Court over Due Process Violations in Response to Recommended Suspension
The initial coverage on this site centered on the disciplinary proceedings filed against civil rights lawyer Don Bailey in early 2011. From the start, we have contended that the Bailey disciplinary proceedings would show the need for court reform through the difficulties that American citizens were having in bringing their claims for the violations of their individual constitutional rights in the courts. This is what has been shown, and the need for reform remains clear.
On May 1, 2013, the Supreme Court Disciplinary Board, as we predicted, recommended that Don Bailey be suspended from the practice of law for 5 years for doing nothing other than criticizing judges for not being fair, and, on June 7, 2013, Don Bailey filed a response demonstrating clearly both 1) that he was right in so-criticizing, and 2) that, as we have covered at length here, the proceedings against him, because they had a bogus origin and were designed to serve an illicit agenda, were bereft of the most basic due process protections.
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There is no better way for each of us to participate in seeking a public solution to the problems we have described in other posts, as revealed through the analysis of the Don Bailey disciplinary process, than to understand the jurisdiction of the courts, and exactly how they do business in cases such as these. The Don Bailey situation is quite unique, as it involves a clear clash between two wholly separate "jurisdictions", state and federal, implicating some very important principles at the heart of our system of government. We hope eventually to provide you with all the detail you will need on these concepts of what is known as "federalism", but for now we commend you to The Federalist Papers, a series of essays published in 1787 under the name
(written by Alexander Hamilton, James Madison, and John Jay), explaining the advantages of the U.S. Constitution.
Briefly, as it relates to this case, there has been a clear trend in civil rights cases to invoke the Eleventh Amendment to maintain rigid separation between the jurisdiction of the federal courts and actions involving the affairs of state government, and some of the judges involved in the Bailey matter have used … Continue Reading ››
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