Tuesday, March 08, 2011

Polk County Charges Atheist with Unauthorized Practice of Law


By MATTHEW PLEASANT and JASON GEARY

NYT Regional Media Group

Published: Friday, March 4, 2011 at 6:20 a.m. 
Last Modified: Friday, March 4, 2011 at 6:20 a.m.

"LAKELAND -- The legal coordinator for the Atheists of Florida was arrested Thursday on charges that she illegally posed as a licensed attorney, according to the State Attorney's Office."
Summary of the Story, by Bob Hurt, SSM (Senior Stud Muffin) 
This article explained that authorities arrested retired Pennsylvania attorney EllenBeth Wachs, 48, of 5963 Lake Victoria Drive in Lakeland for unauthorized practice of law (UPL), a third-degree felony carrying a 5 year sentence, then released her from Polk County Jail on $1,000 bond.  Wachs had used "Esq." after her name, quoted the law, and claimed to "represent" county atheists, in letters to the Polk County Sheriff's Office (PCSO).  As a result they wrongly believed her a licensed attorney. 

Wachs, Legal Coordinator for Atheists of Florida, had disputed the PCSO's donation of athletic equipment to churches, and unconstitutional official prayer at Lakeland City Commission meetings.  Bartow police also arrested athiest John Albert Kieffer on the prayer issue, accusing him of disorderly conduct, resisting an officer, and possessing prescription drugs without proof.  The Polk County Court will arraign him on 17 March 2011.


Official Opinion of Bob Hurt, SSM (Senior Stud Muffin)

Have City and County officials in Polk County gone INSANE?  Don't they know that ANYBODY can quote law, write scolding letters to sheriffs, and put "Esquire" or any other personal description (like "Senior Stud Muffin") after a name?  Without committing UPL.  For instance, I could refer to PDSO Sheriff Grady Judd as Grady Judd, Corrupt Jackass Sheriff of Polk County.  Would I thereby commit a crime?  No.

Clearly, the officials in Polk County, including Lakeland, believe they can violate the laws and constitutions willy-nilly, in spite of their fraudulent oaths to the contrary.  Who will hold them accountable if the Atheists of Florida don't?

I want to know this.  Why didn't the NewsChief's intrepid reporters tell the truth about UPL?  Why didn't they explain that the crooks in government use the penalty statute 454.23 to persecute  people who stand up for others in legal disputes, and to create a judicial services monopoly?    Why didn't they quote these brilliant analyses of UPL and related monopoies that Dr. George C. Leef wrote for the Cato, Mackinac, and others?



I think it high time for journalists to take their heads out of their butts and start exposing crimes in and by Polk County's Sheriff and State Attorney.

In point of fact, the Legislature has not defined "Practice of Law."  It falls upon the people to plow through Florida Supreme Court rulings to discover its meaning.  You know that will not happen.  Not ever.  This means that the law is UNKNOWABLE to the common folk regarding UPL.  It also means that by defining the Practice of Law, the Supreme Court exceeds its constitutional authority.  Why?  Because no provision in the Constitution authorizes the Supreme Court to "legislate from the bench."

For this reason, a Sheriff should only arrest a person for UPL who asserts "I have authority to practice law" but who cannot prove such authority. 

Otherwise, the UPL statute becomes a tool to oppress people who try to help one other with legal problems or teach their children what the Constitution means.

In other words, NOTHING should constitute the "Practice of Law" except professional behaviors of licensed attorneys.  The same behaviors by non-attorneys cannot possibly constitute UPL so long as the practitioner does not claim licensed attorney status.
Bob Hurt
2460 Persian Drive #70
Clearwater, FL 33763
727 669 5511
Donate to my Law Scholarship fund
Subscribe to Lawmen E-Letter
Learn to Litigate with Jurisdictionary





Posted by at

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)