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Our Constitution was designed to form a
more perfect Union. The First Amendment
promises the freedoms to speech,
association, and to petition the Government
for redress of grievances shall not be
abridged. The Bill of Rights further
includes the rights to counsel and equal
protection.
Despite these promises, Chief Justice John
G. Roberts, Jr. in his 2006 Year-End Report
on the Federal Judiciary, declares there is
constitutional crisis that has been ignored
far too long that undermines the integrity
of the right to access to the courts. First
year associates at blue chip law firms earn
more than federal judges: Partner profits
are often in excess of a million dollars per
year. Likewise, the Los Angeles Superior
Court presiding judge reported that of the
2.7 million cases heard in 2004, two million
cases had at least one party acting as his
own counsel. Judge William MacLaughlin
reported, “The cost of legal services has
grown and grown, and it seems fewer and
fewer people are able to afford legal
services.” The Legal Services Corporation in
its report Documenting the Justice Gap in
America: The Current Unmet Civil Legal Needs
of Low Income Americans (Sep. 2005) found
only one in five legal problems experienced
by low income people are met, and for every
client served by an LSC-funded program, one
was turned down because of insufficient
resources. This constitutional crisis has
been swollen by government licensing
blockages that like cholesterol in our
arteries clog our circulation that has been
ignored far too long.
The NAAMJP is a public benefit corporation
that seeks to transform the constitutional
rights to counsel and access to the Courts
from an unmet promise into a constitutional
promise fulfilled. After the printing press
was invented, the struggle for the freedom
of the press in the Age of Enlightenment was
primarily directed against the power of the
licensor. The freedom of the press and free
exercise of religion set forth
in the First Amendment is side by side with
the constitutional freedom to petition. In
this Information Age, State licensing
officials are interfering with the public’s
constitutional rights to licensed counsel
and access to the Courts by denying
reciprocal licensure on motion to
experienced attorneys. The practice of
requiring experienced attorneys to take
another bar examination strikes at the very
foundation of the freedom to petition by
subjecting it to license and censorship.
The American Bar Association has carefully
studied this issue in hearings held all over
the United States. The purpose of a bar exam
is to measure if the applicant has the
necessary skill and learning to practice law
at an entry level sufficient to protect the
public. The purpose of a bar exam is not to
provide monopoly protection. The ABA in 2002 adopted a
Model Rule for Admission on Motion. The ABA
has expressly rejected the hypothesis that
experienced attorneys need to pass another
bar exam in another state to be licensed in
that state. The ABA concluded bar
examinations for experienced attorneys do
not provide “public protection.” They injure
the public by interfering with the rights to
counsel and increasing the costs to petition
the Courts. Thirty-five states have either
fully or partially adopted the ABA
Recommendation for reciprocal licensing on
motion.
A National Action Plan on Lawyer Conduct and
Professionalism (Adopted by the Conference
of Chief Justices January 21, 1999) declares
“Legal practice in multiple jurisdictions
increasingly is the rule rather than the
exception, particularly given improvements
in communication and transportation
technology. The appellate courts of highest
jurisdiction should not only provide
leadership and coordination of
professionalism and legal ethics programs
within their own states, but also should
encourage interstate cooperation.” This
Conference of Chief Justice report declares
the vast majority of lawyers in this country
are competent professionals, conscientious
advocates, honest in their representations,
and, in short, conduct themselves according
to the highest dictates of the legal
profession.
Scientific tests provide compelling
evidence that licensing officials are far
less able to accurately
predict competence than laymen or other
licensed experts. For example, one out of
eight Americans lives in California.
California is in the minority of states that
deny reciprocal admission on motion. RAND
Corporation statistical reports demonstrates
the 100% subjective California bar
examination given to experienced attorneys,
exam after exam, is less reliable than
flipping a coin (.40% to .48%) because of
reader disagreement as to whether the
experienced attorney is qualified. These
tests are junk science and are not reliable
or admissible under Daubert or the Federal
Rules of Evidence. These tests which
are used to deny licensing to more than 50%
of attorneys found sufficiently qualified by
other State Supreme Courts provide monopoly
protection not public protection. We would reject ad
nauseam election results where more than
fifty percent of the time it could not be
determined whether the vote is republican or
democrat. An experienced attorney’s license
to practice law should not be subject to
monopoly protecting walls and forfeiture
because of the failure to satisfy the whim
of her competitor.
The NAAMJP thus seeks to eliminate licensing
tests for experienced attorneys. Nominees
for the Supreme Court steadfastly refuse to
state their legal opinions because of the
peril of partisanship. Similarly, neither
experienced reporters nor ordained members
of the clergy are compelled to state their
opinion to obtain a license. Over 30,000
attorneys were admitted on motion to the bar
of another state in the last five years. If
a layman is presumed to know the law, it cannot be presumed an
experienced attorney does not know the law.
The state of the art for experienced
attorneys is admission on motion.
Click on the Membership Page! Join us today!
Let’s make the constitutional right to
petition with counsel a meaningful and
available constitutional right! Let’s bring
the licensing of lawyers into the 21st
Century!
10 Reasons to Support or Join
National Association for the Advancement of
Multijurisdiction Practice
1. The First Amendment constitutional
freedoms to advocate, associate, and petition
are the most important rights we have.
What distinguishes man from all other animals
is his or her ability to speak, communicate
with his fellow man, and exercise rational
reason in making decisions. The ability to
speak and understand and reason is what makes
man a man. The freedom to advocate, associate,
and petition is an indispensable condition
predicate for manhood, and for a democratic
government of the people, by the people, and
for the people. What occurs in the courtroom
is obviously pure political speech in a public
forum; it is speech that is further
constitutionally reinforced and safeguarded by
the united rights to assemble and to petition
the government for redress of grievances. A
moment’s reflection reveals everything that
occurs in the government courtroom has at its
core the People’s constitutional rights to
life, liberty, and property, or the
deprivation or re-distribution of these rights
by our government. The First Amendment
attempts to secure “the widest possible
dissemination of information from diverse and
antagonistic sources.” New York Times v.
Sullivan, 376 U.S. 254, 266 (164). The First
Amendment reflects “a profound national
commitment to the principle that debate on
public issues should be uninhibited, robust,
and wide open, and that it may well include
vehement, caustic, and sometimes unpleasantly
sharp attacks on government and public
officials. Id. at 276. “If there is a bedrock
principle underlying the First Amendment, it
is that the government may not prohibit the
expression of an idea simply because society
finds the idea itself offensive or
disagreeable.” Texas v. Johnson, 491 U.S. 397
(1989). “The fact that society may find speech
offensive is not a sufficient reason for
suppressing it. Indeed, if it is the speaker’s
opinion that gives offense, that consequence
is a reason for according it constitutional
protection.” Hustler Magazine, Inc. v Falwell,
486 U.S. 46, 55 (1988).
2. American attorneys obviously have First
Amendment rights to advocate, associate with
their clients, and petition for redress of
grievances. In Republican Party of Minn.
v. White. 536 U.S. 765 (2002), the Minnesota
Supreme Court adopted a canon of judicial
conduct that prohibited a candidate for
judicial office from announcing his or her
views on disputed legal or political issues.
The question presented was whether the First
Amendment permits the Minnesota Supreme Court
to prohibit candidates for judicial office in
the State from announcing their views on
disputed legal and political issues. The U.S.
Supreme Court invalidated the judicial canon.
It held the announce clause burdened speech
based on its “content” and it burdened “a
category of speech” that is at the core of the
First Amendment. If judges have First
Amendment rights, it is to too plain for
argument that lawyers also have First
Amendment rights. Likewise, in Legal Services
Corporation v. Velazquez, 531 U.S. 533 (2001),
Congress prohibited LSC funding of any
organization that represented clients in an
effort to amend or otherwise challenge
existing welfare law. The Supreme Court
recognized the lawyer, whose speech is being
restricted, is not the government’s speaker.
The lawyer speaks for his client. The funding
restriction operated to insulate current
welfare laws from constitutional scrutiny, a
condition implicating central First Amendment
concerns. Id. at 547. The Supreme Court
invalidated the restriction, and held the
“Constitution does not permit the Government
to confine litigants and their attorneys in
this manner. We must be vigilant when Congress
imposes rules and conditions which in effect
insulate its own laws from legitimate judicial
challenge. Where private speech is involved,
even Congress' antecedent funding decision
cannot be aimed at the suppression of ideas
thought inimical to the Government's own
interest.” Id. at 548-49. As attorneys we must
be vigilant when government imposes rules and
conditions which in effect insulate its own
rules from challenge, or burden our rights to
speak for our clients or ourselves.
3. The
NAAMJP advocates enhanced temporary practice
rules, reciprocity and general bar admission
on motion be made available for experienced
attorneys in every state, and asserts the
failure to have authorized temporary practice
rules and admission on motion rule for
experienced attorneys is an unconstitutional
condition.
The First Amendment liberties do not terminate
at a State boundary line. A citizen’s or an
attorney’s rights to advocate, associate, and
petition in another State are squarely with in
the ambit of the First Amendment freedoms. As
in Republican Party of Minn. v. White, supra,
any burden placed on the “content” of the
speech or on the “category of speech” is
subject to First Amendment scrutiny. The
standard of review is strict scrutiny, and the
government bears the burden of proving the
rule is narrowly tailored to serve a
compelling state interest. Likewise, as in
Legal Services Corporation v. Velazque, supra,
rules that confine litigants and their
attorneys cannot be aimed at the suppression
of ideas though inimical to the government’s
interests. What occurs in courtrooms
throughout the United States is speech
concerning matters of public concern that are
decided in a public forum. Each side in the
lawsuit, i.e. petition, has its own opinion
about the subject, message, and ideas that are
often antagonistic and inimical to the other.
Each side has its own content and viewpoint.
Above all else, the First Amendment means that
government has no power to restrict expression
because of its message, its ideas, its subject
matter, or it’s content. Police Department of
Chicago v. Mosley, 408 U.S. 92, 95. A
regulation that denies one group of citizens
the right to address a selected audience on
controversial issues of public policy is
content discrimination and unconstitutional.
Consolidated Edison Co. v. Public Serv. Comm’n.,
447 U.S. 530, 546 (1980)(Justice Stevens
concurring). The NAAMJP submits these First
Amendment principles — applicable to one
State’s admission rules in regard to
experienced attorneys of another State — can
be illustrated by the following examples.
First, laws that allow some sister-state
attorneys to practice, such as in-house
counsel, and not others, is viewpoint
discrimination and unconstitutional. Second,
laws that deny all sister-state attorneys the
right to practice in that State is content and
category of speech discrimination that is
unconstitutional. The subject and content of a
State’s law is a “category of speech”
available and accessible on the internet. A
citizen is presumed to know the law. If a
citizen who has not passed a bar exam is
presumed to know the law, and the whole
contains its parts, it follows an experienced
sister-state attorney who has already
graduated from law school and passed a bar
exam, cannot be legitimately presumed not to
know the law. If a citizen can take notice of
the law so can an American attorney. It has
been well said a speaker’s skill boils down
to: (i) knowing what to say; (ii) knowing when
to say it; and (iii) most importantly, knowing
how to say it. This is speech content and a
category of speech accessible to the common
man or woman. This is speech that is the
lawyer’s particular skill and stock in trade.
One State’s lawyers in fact or logic cannot
have a monopoly on speech or the right to
associate and petition for redress of
grievances in the United States. Third, what
the law is in a particular case is a matter of
opinion. The plethora of U.S. Supreme Court
decisions decided 5-4 based on the same facts
and law illustrates the law in a particular
case is often a matter of opinion. Judges, as
well as lawyer’s and government official have
conflicting opinions on the law. However, the
suppression of expression of opinion is not
tolerated by our Constitution except in very
narrow circumstances. These exceptions to
First Amendment subject matter protection are
not relevant. Sister-state state attorneys in
voicing their opinion in a public courtroom on
matters of public concern do not advocate the
overthrow of the government by force and
violence, and an accompanying clear and
present danger. They will not be dancing nude,
publishing pornography, engaging in
defamation, or burning a cross as a means of
intimidation. Thus, the NAAMJP opines in this
Information Age and global economy that the
failure of one State to have a reciprocity
provision for experienced sister-state
attorneys from another State, constitutes a
restriction on the First Amendment that is
overbroad and not narrowly tailored. This is
an unconstitutional condition. The States that
have not enacted admission on motion in this
Information Age do not want to come out of the
cave of ignorance into sunlight. These States
have the burden of proof, and it is a burden
that cannot be met as the vast majority
of States (35) have general admission on motion for
experienced attorneys.
4. States must act within limits imposed by
the Constitution when limiting the right to
association or petition for redress of
grievances, and the failure to have temporary
practice rules and admission on motion rules
for experienced sister-state attorneys
suppresses these constitutional rights. In
California Democratic Party v. Jones, 503 U.S.
567 (2000), at issue was the State of
California’s proposition that regulated the
parties internal processes for selecting its
own candidate as its representative. The
Supreme Court held this law violated the
party’s First Amendment right of association.
The Court stated the First Amendment protects
the freedom to join together to further common
political beliefs, which presupposes the
freedom to identify those who constitute the
association, and to limit the association to
those people. The Court held that forced
association has the likely outcome of diluting
and changing the parties’ message. It follows
the State cannot force its citizens to
associate with whom the State chooses, when
the purpose of the expressive association is
to petition the State for redress of
grievances. Similarly, in Lawrence v. Texas,
02-102 U.S., the Supreme Court invalidated a
law that made it a crime for two men to have
sex with each other. The Supreme Court
reversed its prior opinion and reasoned they
got it wrong in prior cases, and petitioner’s
right to liberty under the Due Process Clause,
gives them the full right to engage in private
conduct without government intervention.
Liberty presumes an autonomy of self that
includes freedom of thought, belief, and
expression. If the State cannot make it
unlawful for two men to have sex together, it
follows the State cannot lawfully tell any man
who he should associate as his lawyer and
petition for redress of grievances in a public
forum while wearing a suit and tie.
Additionally, in view of the constitutional
right to "free expression", a statute is
presumptively inconsistent with the First
Amendment if it imposes a financial burden on
speakers because of the content or subject
matter of their speech. Simon & Schuster v.
Crime Victims Bd., 502 U.S. 105 (1991). Thus,
any governmental rule that suppresses or
restricts a petitioner’s rights to free
expressive association or petition, like the
failure to have an admission on motion
provision for experienced sister-state
attorneys, cannot be justified unless the
government meets its strict scrutiny burden of
proof of a compelling state interest that is
narrowly tailored. The government cannot meet
this standard because the vast majority of
states (35) have general admission on
motion rules.
5. Failure to have temporary practice rules
and admission on motion rules for experienced
sister-state attorneys violates the Privileges
and Immunities Clauses, and the Constitutional
norm of comity. The right of citizens to
assemble for the purpose of petitioning for
the redress of grievances is a privilege of
United States citizenship protected by the
privileges and immunities clause. United
States v. Cruikshank, 92 U.S. 542, 552-553.
The United States Supreme Court in Supreme
Court of New Hampshire v. Piper, 470 U.S. 274
(1985), stated: “The lawyer's role in the
national economy is not the only reason that
the opportunity to practice law should be
considered a ‘fundamental right.’ We believe
that the legal profession has a noncommercial
role and duty that reinforce the view that the
practice of law falls within the ambit of the
Privileges and Immunities Clause. Out-of-state
lawyers may — and often do — represent persons
who raise unpopular federal claims.” Id at
281. The norm under the Privileges and
Immunities Clause is comity. The
constitutional norm of comity, i.e. admission
on motion for experienced sister-state
attorneys, in some States is crushed because
local attorneys do not want out-of-state
attorneys to engage in forum state commerce or
to raise unpopular federal claims. Thus, the
very purpose of the Privileges and Immunities
Clauses ironically is the reason why some
States do not provide comity to sister-state
attorneys. They have a competitive advantage
they want to protect rather than the
Constitution.
6. As with the Free Press Clause, the Free
Petition Clause presents peculiar dangers of
censorship. The First Amendment
articulates an inextricably intertwined web of
freedoms. “The struggle for the freedom of the
press was primarily directed against the power
of the licensor. It was against that power
that John Milton directed his assault by his
`Appeal for the Liberty of Unlicensed
Printing.' And the liberty of the press became
initially a right to publish `without a
license what formerly could be published only
with one.'” City Council v. Taxpayers for
Vincent, 466 U.S. 789, 797 fn. 13 (1984).
Under the First Amendment, “the evils to be
prevented were not the censorship of the press
merely, but any action of the government by
means of which it might prevent such free and
general discussion of public matters as seems
absolutely essential to prepare the people for
an intelligent exercise of their rights as
citizens." Watchtower Bible & Tract Society v.
Village of Stratton, 536 U.S. 150, 168 (2002).
A scheme conditioning expression on a
licensing body's prior approval of content
"presents peculiar dangers to constitutionally
protected speech." Thomas v. Chicago Park
Dist. 534 U.S. 316, 321 (2002) A licensing
body likely will overestimate the dangers of
controversial speech when determining, without
regard to the actual effect on an audience,
whether speech is likely "`to incite'" or to
"`corrupt [the] morals. Ibid. “A law or policy
permitting communication in a certain manner
for some but not for others raises the specter
of content and viewpoint censorship. This
danger is at its zenith when the determination
of who may speak and who may not is left to
the unbridled discretion of a government
official.” Lakewood v. Plain Dealer Publishing
Co, 486 U.S. 750, 763 (1988). This First
Amendment right to press and petition body of
law reinforces the constitutional norm of
comity for sister-state attorneys. Penumbral
to the First Amendment right to associate and
petition, is the right to associate and
petition with a lawyer. The free press and
free petition clauses share the same purpose
in our democracy. The freedom of thought and
expression that is necessary so the people can
decide the truth.
7. The American Bar Association has
endorsed Multijurisdictional Practice, and the
vast majority of States have adopted admission
on motion. The American Bar Association
last year amended its Model Rules of
Professional Conduct. These amendments were
the result of the ABA’s adoption of its MJP
Commission Report, Client Representation in
the 21st Century. This report is available on
the ABA’s web page
www.abanet.org/cpr/mjp-home.html. These
Model Rule amendments came after two years of
Multijurisdictional Practice (MJP) hearings
conducted nationally by a blue chip panel of
recognized leaders of the bar. The MJP
Commission reviewed testimony and opinions
from virtually every arm of the organized bar.
The ABA Model Rules, in pertinent part, now
call for enhanced temporary practice rules,
reciprocal bar admission on motion for
experienced attorneys, and reciprocal
discipline enforcement. The Conference of
Chief Justices has approved these judgments.
The majority of states have adopted these ABA
Model Rules. However, a minority of States
because of competition protection and local
popular prejudice have refused to hear the
Constitution or see the inherent unsuitability
of manual typewriter era out-of-state attorney
admission rules in an internet
world, by
refusing to provide temporary practice rules
and admission on motion for experienced
attorneys to safeguard their monopoly rather
than the First Amendment.
8. American attorneys in some States have
rejected comity for sister-state attorneys
provide it to foreign attorneys. When the
State of California enacted Rule of Court 988
authorizing foreign legal consultants to
practice in California, then Chief Justice
Rose Bird sua sponte filed a published
dissenting opinion declaring that the Rule
violated the equal protection rights of
sister-state attorneys. A foreign lawyer can
practice the law of his country, but a
sister-state attorney in a country where
federal law is supreme, cannot practice the
law of her country. How can a State give
comity to lawyers licensed in Iraq or North
Korea, and deny comity to lawyers from New
York or Pennsylvania? There is a fundamental
equal protection violation when alien
attorneys have more First Amendment rights
than American attorneys in America. Moreover,
in the European Union, lawyers from one
country are free to practice law in another
European Union Member State, even though the
languages, legal systems, and rules may be
fundamentally different from each other. The
United States is also a member of the World
Trade Organization, and it has signed GATS
(the General Agreement in Trade in Services).
GATS regulates how each of the WTO’s 150
member countries may regulate service
providers, including lawyers. In 1999, legal
services were the third largest U.S. export
with $2.56 billion and legal service imports
were $844 million. See Laurel S. Terry, GATS’
Applicability to Transnational Lawyering and
its Potential Impact on U.S. State Regulation
of Lawyers. 34 Vanderbilt J. of Transnational
Law 989, 995 (2001). The United States has
agreed in the GATS market access provisions to
prohibit quotas, numerical limitations, or
monopolies. Id. at 1005. GATS’ requires that
licensing regulations may not be “more
burdensome than necessary to ensure the
quality of the service or ensure a legitimate
objective.” Id. at 1077. Professor Terry, of
Penn State University’s Dickinson College of
Law, states “if foreign lawyers are granted
greater rights than domestic lawyers, the
domestic lawyers will object – sooner or later
– to this ‘reverse discrimination,’ and will
lobby for equal treatment.” Id. at 1087. Guess
what? Foreign lawyers already have greater
rights in many States that have rejected the
ABA MJP Conclusions than sister-state
attorneys.
9. It Is Our Manifest Destiny to Be Free.
Apartheid should have no seat in the legal
profession. A prime part of the history of our
Constitution is the story of the extension of
constitutional rights and protections to
people once ignored or excluded. “Sufficient
unto the day is the evil thereof” has been our
history. In this 21st Century, we believe
in-State attorneys should have no more right
to compel or establish for American citizens
who they should hire to pursue their First or
6th Amendment rights, than they have to tell
their citizens what newspaper to read, or what
religion they should follow, or who they
should marry. The Bill of Rights protects
against this government compulsion. The final
cause of an acorn is to grow into an oak tree.
The final cause of the law is justice for all.
The final cause of a lawyer is to oppose
injustice. Foreign athletes travel from their
home and come to the United States because
they want to compete at the highest level.
They travel not because they are incompetent
but because of the opposite. Both the law and
the lawyer are stunted in their development,
like a house plant in a pot that does not
leave room for growth, when the free
competition for justice is blunted. More
fundamentally, reciprocity and reciprocal
rights is the calling of man. The Bible states
it as the Golden Rule, “do unto others as you
would have them do unto you.” The Declaration
of Independence states the norm “as all men
are created equal.” The Bill of Rights is in
accord. It is our manifest destiny as
Americans to be free. Free to purse happiness.
Free to travel. Free to associate. Free to
petition. Free to find our own truth.
10. Our Government Will Give Us Our First
Amendment Rights As Soon As We Organize and
Petition for Them and Not Before. Join Us and
Petition for Your Rights. If our
government and judicial branches were founded
by the genius of our representatives from
every part of our country in 1776, how can
States exclude representatives from any part
of our country in the 21st Century global
economy and Information Age? A recent
scientific study published by the Yerkes
National Primate Research Center of Emory
University demonstrates even monkeys know when
they have been treated unfairly, and monkeys
object when another monkey gets unequal
treatment. We cannot remain silent as an
oyster in the wake of this uncivilized First
Amendment deprivation when it has been shown
that even monkeys protest unequal treatment.
We are all Americans. We pledge allegiance to
the same flag, and the principles for which it
stands. We are sent off to war at peril of
life and limb as one. We pay the same taxes.
We should have equal Constitutional rights in
the 21st Century.
Please join us. A house divided against
it-self cannot stand. There is power in
numbers and in undivided purpose. We have, as
this web site demonstrates, already set off on
our mission for MJP. We cannot do it without
you. The State attorney monopolies that have
established apartheid in the legal profession
and that have suppressed our freedom are well organized
and financed with unlimited State funds.
However, right makes might. With your support
we will preserve the principles upon which
America was founded. Truth and justice are
always stronger and more worthy of choice than
illusion and injustice.
Our Directors
Joseph Robert Giannini has B.B.A.
from Temple University and a J.D. from
Temple University School of Law (1983). He
is a member in good standing of the bar of
the Pennsylvania, New Jersey, and U.S.
Supreme Court, as well as numerous other
federal courts. He has attended Gerry
Spence’s Trial Lawyers College. He is a
member of the American Bar Association’s
Litigation Section and Legal Education and
Admissions. He testified before and
presented written argument to the ABA MJP
Commission hearing in San Diego. See “A
Nationwide Need for the Primacy of the First
Amendment Rights to Advocate, Associate, and
Petition in the New Millennium” at
http://www.abanet.org/cpr/mjp/mjp-giannini_witness.html.
He has written numerous articles published
in legal newspapers calling for full
reciprocal bar admission. He spearheaded
legislation in California that was enacted
into law 98-0 in 2002 calling for full
reciprocal admission for experienced
sister-state attorneys, that was
subsequently watered down, behind closed
doors by a California MJP Commission
appointed to implement reciprocity, to
provide only second class limited bar
admission privileges for corporate counsel
and attorneys working for qualified pro bono
organizations. Mr. Giannini is
presently scheduled to personally meet with
several members of Congress responsible for
federal rules and members of the California
State Judiciary Committees.
Jeffrey L. Russell is a graduate of the
University of Akron School of Law (1974). He
has 16 years experience as an Assistant United
States Attorney having served as a federal
prosecutor in the Northern District of Ohio
(Cleveland), Southern District of Florida
(Miami), Central District of California (Los
Angeles), Northern District of California (San
Francisco and San Jose ), and the Department
of Justice Headquarters in Washington, D.C.
Mr. Russell has conducted 45 criminal trials
in seven United States District Courts, and he
has successfully argued appeals in the First,
Sixth, Ninth, and Eleventh Circuits. He is a
member of the bar of the Supreme Court of
Ohio, Supreme Court of the United States, and
many other federal courts.
Mr. Russell testified before and presented
written argument to the ABA MJP Commission
hearing in San Diego. See
http://www.abanet.org/cpr/mjp/mjp-russell_witness.html,
“It is my opinion that the entire hypothesis
that one can test experienced attorneys on a
subjective entry level bar examination to
determine whether they are qualified to
practice is fundamentally flawed. Many cases
turn as much on facts as on the law. Thus
experience with developing facts is often a
product of just that—experience. For a
professional licensing test to be valid, it
has to measure the skills necessary to
practice that profession. Therefore, to use
my case as an example, the fact that I was
employed as a federal prosecutor for many
years is ample demonstration that I am
qualified to practice law. It is simply
illogical to assume that an attorney who has
successfully practiced law in one
jurisdiction somehow becomes incompetent or
develops amnesia on crossing a state line.
These are the reasons why I believe the vast
majority of jurisdictions have adopted
reciprocity provisions for experienced
attorneys, and this Commission should
endorse reciprocal State licensing for
experienced attorneys.”
Robert Bloom is a graduate of
Northwestern and he holds a J.D. form New York
University School of Law (1965). He is
admitted to practice in New York, the United
States Supreme Court, the Ninth Circuit, and
the Northern District of California. He has
been counsel for defendant in numerous high
profile criminal cases including Geronimo
Pratt.
Kenneth Owen is a graduate with Great
Distinction, from Oakland College of Law. He
has an L.L.M. with honors from Golden Gate
University School of Law. He is a member of
bar of the Arizona Supreme Court, Sixth,
Ninth, Tenth, Eleventh, and D.C. Circuit Court
of Appeals. He has authored, Environmental
Justice Enforcement Requires Reassessment
Under the Equal Protection Clause, Title VI of
the Civil Rights Act, and Environmental
Statutes. 30 Golden Gate University Law Review
379. Mr. Owens is an Instructor of
Constitutional Law and Environmental Law at
Oakland College of Law.
John F. O’Rourke has a Bachelor
of Engineering (Dean’s List) and a Masters of
Science degree from Villanova University. He
is a graduate of Temple University School of
Law (1993), and was on Dean’s List (1991-92).
Mr. O’Rourke is a Registered Patent Attorney
with the United States Patent and Trademark
Office. He is a member of the bar of the
Pennsylvania Supreme Court, Court of Appeals
for District of Columbia, United States Court
of Appeals for the Federal Circuit, United
States Court of Appeals for the Third Circuit,
and the United States District Court for the
Western District of Pennsylvania. Mr. O’Rourke
was awarded the 1998 John J. Gallen
Memorial Award, Villanova University College
of Engineering in recognition of
professional contributions in the fields of
health care, computer engineering,
telecommunications, and aerospace. The Award
further recognizes his work as a patent
attorney protecting intellectual property
related to a variety of emerging technologies,
including electronic communications and the
Internet. He has published numerous technical
articles.
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