Article written by Carey Branstetter
In a pending civil lawsuit in a Texas Federal Court, a constitutional nightmare is occurring that could have ominous consequences for all Americans. In violation of the Constitution, The activist federal judge in this case has made a U.S. business owner essentially a slave without any due process or hearing. All of the relevant details of this profoundly disturbing case are summarized at the case overview tab on LawInjustice.com.
No case in recent judicial history resembles more of a Stalinist show trial. The conduct appears to be more corruption than merely judicial activism and the litany of outrages occurring are almost beyond belief.
"The suspension of Mr. Baron’s constitutional rights and seizure of his assets has absolutely no basis in law and is a gross violation of the US Constitution. . . .The District Court’s order appointing receiver was issued without due process for a clearly improper and unconstitutional purpose. The damages being inflicted upon Mr. Baron by virtue of the order are very real, harsh, irreparable and immediate."
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Article written by John W. Toothman, commenting on a story published by tabloid, "Texas Lawyer", regarding Jeff's case. Mr. Toothman is a lawyer and co-author of "Legal Fees: Law & Management" and is also the author of blog.civiliansguidetolawyers.com
Normally a client may hire and fire lawyers at will, subject only to the lawyer agreeing to be retained. If there’s a dispute over the fees, it gets resolved in the normal course in a court proceeding or perhaps by a special fee arbitration proceeding. But the claims of lawyers for payment of their fees are not special, although in bankruptcy, for example, certain claims do have priority otherwise no one would take on bankruptcy cases.
When even the most basic evidence is examined, it is clear that Jeff paid his lawyers in full pursuant to the terms of their engagement agreements. The groundless nature of the claims are from attorneys’ own documentation and sworn testimony:
- Attorney Stanly Broome wants more than the $10,000.00 per month capped fee he was paid. His claim is that his contract does not contain any term limiting the amount of fees which may be incurred by the attorneys in any month. However, Broome’s assertion is so groundless that it is hard to imagine anyone making it with a straight face. Broome’s contract contains a clear provision expressly limiting the amount of fees which may be incurred by the attorneys to $10,000.00 per month.
The trustee of the research trust insisted on independent counsel for the trust and trust companies; therefore, the number of attorneys required to defend the suits was very large. Prior to Judge Furgeson’s court where the receivership was initiated, Jeff and the defendants were successful in every suit.
Victim Blaming is an age-old psychological tactic used by wrongdoers, including some governments, to demonize their victims .In doing so, the perpetrator deflects responsibility of his wrongful acts and directs responsibility to the victim, himself. In its sinister form, the perpetrator utilizes propaganda, lying and fabricating events to make the victim appear evil.
- Read more about Why Does Jeff Baron's Case have the Potential to Affect All Americans
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This case is more than simply about Jeff Baron. It is about our government's encroachment on the fundamental tenets and values that we Americans have fought more than 200 years to maintain. The precedent that this case is setting may well impact the lives of all Americans and the rights we take for granted--such as our fundamental right to own property. In deciding whether this case should concern you, you should ask yourself two basic questions:
Should the government (in this instance a US judge) by permitted to seize all of your property (your home, bank accounts, car, clothing, etc..) and arbitrarily redistribute it without a hearing, trial, judgment?- Should the government (in this instance a US judge) be entitled to prevent you from being represented by counsel of your choice (when you have money to pay a lawyer)?
- Read more about Why Do the Judge and Receiver Blog Together on a Site that Features Jeff's Case as a Topic?
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The judge in Jeff's case, William Royal Furgeson and the Receiver, Peter S. Vogel blog together on Karl Bayer's Blog*(each has a designated commentator's page). A feature topic of this blog is Jeff Baron's case. In addition, Karl Bayer and Judge Furgeson recently published an article regarding "special masters" and presented the article to the Texas Bar. Although Peter Vogel apparently did not attend this presentation, he is cited repeatedly in the article. Is this all a coincidence?
The American justice system is designed for juries to work hand-in-hand with judges to render fair and just decisions. In proceedings involving honest judges, this system works extremely well, while in proceedings involving a corrupt process, juries perform an even more important role . In these proceedings, juries provide an obstacle to the corruption, albeit not an insurmountable one, because juries have the opportunity to render an independent decision. For a victim of a corrupt judicial process, in which the result is preordained by the judge, the jury provides the only hope for justice.