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    Post: Law and Jurisprudence-Legal Ethics

    Posted by Anthony J. Fejfar BA, JD, MBA, Phd on 1/10/12

    In the Old American Bar Association (ABA) Model Code of
    Professional Responsibility there is Canon 9 which makes it
    a Disciplinary Violation for the Lawyer to engage in an
    "Appearance of Impropriety." However, upon reflection, it
    is clear that the the notion of an Appearance of Impropriety
    is Unconstitutionally Vague and Over Broad, and also
    violates Substantive Due Process and 42 United States Code,
    Section 1983. Following the Declaration of Independence,
    every Lawyer has an inherent, natural right of Liberty,
    which can be proven with Reason. As the United States
    Supreme Court has stated, as early as Lochner vs. New York,
    198 U.S. 45 (1905), that each person has an inherent
    individual right of Liberty, which the State can only
    interfere with where the State law or conduct proposed is
    reasonable, and rationally related to a legitimate state
    interest. The holding of the United States Supreme Court in
    Lochner, which recognizes that everyone has a Natural Right
    of Liberty, follows Magna Charta (1215), and Grotius (1625),
    and The Declaration of Independence (1776), and The
    Pennsylvania Constitution (1776), and The Maryland
    Constitution (1776). Now, the idea of an Appearance of
    Impropriety as a legal standard is absolutely absurd. Such
    a standard could be used to say that a lawyer has to wear a
    certain type of tie in court, or can only date a person of
    the same ethnic or racial background, or cannot take pro
    bono work to represent certain religious or ethic groups,
    etc., all of which involve reasonable conduct on the part of
    the attorney, and therefore do not meet the requirement that
    the rule, enforced by the State, or State Bar, or State
    Judiciary, must be itself reasonable and rationally related
    to a legitimate state interest. Canon 9 is unconstitutional
    and must be repealed in order for the Bar Committees
    enforcing them to avoid Section 1983 tort and criminal liablity.

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  • Law and Jurisprudence-Legal Ethics, 1/10/12, by Anthony J. Fejfar BA, JD, MBA, Phd.

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