May 12, 2002
This evening, Sunday, May 12th at 8:30 pm PST, our
very own Terri Lynn Day, CA. Assoc. JAILer-In-Chief, will be our guest on JAIL
Night Internet Radio, with Allen Raymond, www.TruthRadio.com. She is a very proficient and outspoken activist for
Senator O'Neil Speaks
Dear Senator Jerry O'Neil
Sir, I see you have posted a message to our JAILers on
our JAIL-SoundOff E-Groups. Noting that you are a State Senator, I deemed it
appropriate to respond to your post as if it were directed to me as the National
Your post deals with your proposed Bill to be
submitted in Montana this coming legislative session that essentially guts
the bogus criminal charge of "practicing law without a license," an established
protection racket placed in law by the Bar Association. While your concern and
proposed Bill does not deal directly with our issue of judicial
accountability, you are certainly close enough for us to consider you in our
I believe your Bill deserves more publicity than
just being posted on our "SoundOff," group to our JAILers, and publicity is
what is intended, as this communiqué will be forwarded from
email list to email list, traveling the globe over.
I have already taken the opportunity of adding you to
our J.A.I.L. News Journal list. I would like to extend an
offer that you become a Montana JAILer and our Representative of
J.A.I.L. within the Montana Legislature.
Your rewards will be that you will have a nationwide
organization behind you, from which you will be hearing. Further,
you will be joining our New Hampshire Legislator, Rep. Bob Giuda,
the second, or possibly third, state representative to openly identify
themselves with J.A.I.L. as a JAILer.
J.A.I.L. will continue to expand, bringing in state
representative after state representative from all political parties in
every state until J.A.I.L. becomes the dominating political force
within this nation with judicial accountability leading all other political
issues. J.A.I.L. is on a roll that just cannot be stopped, and we want you
to be a part of it. Please accept our offer.
National J.A.I.L. Commander-In-Chief
PS - Folks, below is what Senator O'Neil has posted
with J.A.I.L. I encourage everyone of our readers to write and commend
Senator O'Neil by writing him at oneil@....
One Bill which I intend to
introduce this coming legislative session is:
Amend 37-61-210 as
Penalty for practicing
- (a) If any person practices law in
any court, except a justice's court or a city court, without having received a
license as attorney and counselor, he is guilty of
a contempt of
court the unauthorized practice of law.
- [new section] (b) In all
suits and prosecutions for the unauthorized practice of law, the jury, under
the direction of the court, shall determine the law and the facts.
- [new section] (c) A
person convicted of the offense of unauthorized practice of law shall be fined
not to exceed $500 or be imprisoned in the county jail for a term not to
exceed 6 days, or both.
This would reestablish the
defendant's constitutional right to have a jury trial. The reason for allowing
the jury to determine the law is that it is real vague what constitutes
practicing law in a court. Does this include a title company preparing deeds and
title reports that will be used in court? Does it include a paralegal helping an
attorney present a case to the court? Does it include a paralegal helping a pro
se litigant present their case to the court? Does it include a paralegal
drafting documents for a pro se litigant to present their case to the court?
Until we have a clear definition of what constitutes practicing law in a court,
it is imperative that we have the community decide the issue, not the court by
Senator Jerry O'Neil
Hungry Horse News
O'Neil ordered to stop practicing
By Richard Hanners
The Montana Supreme Court's Commission on Unauthorized Practice
has ordered Jerry O'Neil to "cease and desist" from illegally practicing law by
Monday, May 6.
Arguing the charges lack clarity, O'Neil said he will continue
working as before.
John Connor, the commission's chair, notified O'Neil in a letter
that the commission met April 24 and determined, "based on the investigation to
date, that there is probable cause to believe you have, and will continue to
engage, in the unauthorized practice of law."
The commission's action came after Flathead County district
court judges Ted O. Lympus, Katherine R. Curtis, and Stewart E. Stadler sent a
letter to the commission Feb. 13 describing activities by two "independent
paralegals" who "routinely prepare and file pleadings" in their courts -- Connie
Monroe and Jerry O'Neil.
In their letter, the judges focused their attention on Monroe,
"because her papers were very deficient in many respects," but pointed out that
sanctioning Monroe and not O'Neil could not be justified.
O'Neil, of Evergreen, the state senator representing Montana
Senate District 42, which includes Columbia Falls, has said he provides a
low-cost alternative for poor people who need legal assistance, but claimed he
has not provided legal advice.
In a May 2 reply to the commission, O'Neil criticized Chairman
Connor's letter as "completely void of any allegations, facts, sworn statements
or other statements that would form the basis for a finding of probable cause
O'Neil also criticized the absence of a jury in determining the
"You apparently want to leave me at the mercy of your judges and
justices who are politically motivated to defeat me, such as Justice Leaphart,"
Claiming the commission did not clearly spell out the definition
of "unauthorized practice of law," O'Neil said he didn't know which of his
actions the commission wanted stopped.
"Of course you know that I will refuse to discontinue my
legislative functions and any other actions which are protected rights under the
U.S. and Montana constitutions," he wrote, "and I don't believe that I am doing
anything which is not thus protected."
In a May 3 reply, Connor wrote O'Neil, "You are certainly aware
of the fact that the business you maintain, and for which you charge persons
receiving your services, constitutes the practice of law in our view."
Connor wrote the issue had been "discussed, examined and debated
for years" and "has nothing to do with your legislative functions."
"There is no point in extending or continuing the debate
further," Connor concluded.
J.A.I.L. is an acronym for Judicial Accountability Initiative
JAIL's very informative website is found at www.jail4judges.org
JAIL proposes a
unique new addition to our form of government.
JAIL is powerful! JAIL is
dynamic! JAIL is America's ONLY hope!
JAIL is spreading across America like a
fast moving wildfire!
JAIL is making inroads into Congress for federal
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what J.A.I.L. can do for me, but ask what I can do for
"..it does not require a majority to prevail, but rather
an irate, tireless minority keen to set brush fires in people's minds.." -
"There are a thousand hacking at the branches of evil
to one who is
striking at the
-- Henry David Thoreau <><