National Forum On Judicial Accountability

NFOJA member Daar Fisher asked: "Is every US court case somehow rigged? Are lawyers making money they should not be if the system wasn't so corrupt? Are judges more like organized crime figures than public servants paid with tax dollars? Are the courts the tool used for international corporations, banks, and organized crime taking over America?"


We thank him for asking these questions. They are not terribly different than the central question of "The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America":   Yet beware of answers based on any determination that a person or group is "corrupt" if it's made without the benefit of a fair and impartial trial including opportunities for discovery, cross-examination, and all that due process entails. No matter how compelling any evidence of corruption may be, it should not replace adversarial proceedings as America's truth finding process; particularly when the corruption alleged amounts to a crime. As long as alleged criminals are deemed innocent until proven guilty upon trial, such as they are in America, everything untested by trial but offered as proof of a crime or criminality, is no more than evidence.


Multiple, serious malfunctions and dysfunctions of America's legal / judicial system can be proven through sound social science research, empirical data, and analysis. Some of those malfunctions and dysfunctions are in our anti- legal / judicial corruption mechanisms. So we can reasonably presume there is unchecked legal and judicial corruption in our country. In fact, compelling evidence of it abounds. But "proving" that corruption in specific instances and / or pinpointing its exact scope without trial, is beyond our jurisprudence.

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This assessment prompted creation of NFOJA:  "It seems ‘the real problem for our country is not the reality or unwarranted perception of judicial misconduct’ . . . , but the lack of forums for addressing allegations of judicial misconduct that do not rely almost exclusively for effectiveness on judicial integrity and/or that of lawyers and/or public officials whose power and/or careers are controlled or substantially impacted by judges. This is not to suggest that judges, lawyers, and public officials whose power and/or careers are controlled or substantially impacted by judges are not generally honest people of great integrity. This report instead decries “a judiciary that is ‘. . . essentially final arbiter of whether it has been corrupted and exclusive regulator of any attorney or judge who would object’.”  Final Report and Recommendations from the Citizens’ Forum On Judicial Accountability, p 11, (May 2009),  available at

Well said! Suspicion that something is terribly wrong has its value which can only be vindicated or produce results by proof in an appropriate forum. 


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