Stuart L. Stein, the sponsor of this site, was licensed to practice law in New Mexico until December of 2007 when he was unjustly disbarred by the Supreme Court of New Mexico.  Mr. Stein is fighting reciprocal discipline with The Florida Bar and his current status as a lawyer there has been questioned. It should be resolved soon.  Stein has extensive litigation experience having been involved in state and federal cases in more than 20 states over his career. He has represented attorneys, judges and elected officials in courts and before disciplinary authorities on a variety of matters over the years.

Mr. Stein has handled cases which resulted in ordinances and laws being declared unconstitutional. He has been responsible for changes in laws and rules which he proved in court to be either ineffective or in violation of basic constitutional rights. Because of his aggressive representation of clients, Mr. Stein has been the target of attorney disciplinary actions. Many disciplinary actions were instigated or encouraged by attorneys jealous of his success or stung by his contentious tactics in pressing the positions of clients.

In New Mexico, Mr. Stein has been alone in highlighting the lack of adherence to state and federal Due Process protections in the attorney discipline system. Pointing out the failures of the attorney discipline system made him a target and unfortunately resulted in his disbarment by the New Mexico Supreme Court on December 19, 2007 after almost six years of suffering abuse in the disciplinary system.

This started about six years ago when Mr. Stein’s informative advertising was attacked by a group of competitor Albuquerque attorneys in a cowardly complaint to the Legal Advertising Committee. When this was forwarded to the Disciplinary Board, Stein countered with federal lawsuits directed to the unconstitutional application of the legal advertising rules.

Although never admitting years of unconstitutional gagging of lawyer advertising, the New Mexico Supreme Court eliminated the Legal Advertising Committee and the flawed legal advertising rules in the middle of these suits. The attorney advertising ethical complaint against him was finally dismissed after a hearing before the Chair of the Disciplinary Board. The new rules allow lawyers to advertise greater information to a more sophisticated public looking for legal services and now meet constitutional muster.

Mr. Stein believes that the best guarantee of equal treatment of all persons in the courts and administrative tribunals is an unswerving adherence to the letter and spirit of Due Process. The cornerstones of Due Process are fair and impartial rules applied fairly and impartially to all sides in a dispute.

The word “justice” does not appear in the Constitution of the United States after the Preamble. Americans, however, believe that justice should be the end result of all disputes resolved in judicial or administrative proceedings. Citizens are guaranteed the right to Due Process of Law by the Fifth and Fourteenth Amendments to the United States Constitution. When Due Process is preserved for everyone, our freedoms are protected. When Due Process is observed and followed, everyone feels our legal and administrative systems are fair, just and responsive.

As the Supreme Court of the United States has said: “[A]n unconstitutionally unfair trial takes place only where the [Due Process] barriers and safeguards are so relaxed or forgotten.. .that the proceeding is more a spectacle or trial by ordeal than a disciplined contest.” United States v. Augenblick, 393 U.S. 348, 356, 89 S.Ct. 528, 534, 21 L.Ed.2d 537 (1969) (citations omitted).

This Blog will point out systemic problems needed to be faced by judges, lawyers, their clients and the public. Rules and laws will be discussed for lapses or unintended and unjust consequences of their application. Individual judges and lawyers will be targeted when appropriate. Hard hitting examples will be displayed and discussed. Some will be the personal experiences of Mr. Stein and his clients. Other examples will come from visitors to this site who will have their stories posted after verification. Mr. Stein encourages judges, lawyers and their clients to come forward with their experiences. Negatives will be counterbalanced by positive suggestions for improvement.

When our country was young, citizens met at town meetings to discuss matters of the day. As our population grew, we relied more and more on our neighbors as part-time elected representatives in Washington and state capitals to deal with these issues. Now government leaders in all three branches are career politicians who sometimes focus only on keeping their positions rather than on the people’s business. The Blog is the 21st Century “virtual town meeting.” Hopefully, the facts and ideas raised here, including input from visitors to the site, will help make the judicial and administrative functions of government more just and responsive.