| > You can very much be slapped by the judge and/or the ABA for doing that. You can. The bar is very, very high. It's adequate to have a fig leaf of plausibility. > In Federal court, this is governed by Federal Rule of Civil Procedure 11. I am most concerned about lower courts, and especially the lowest of the low. Go into a family court at some point, and see the lawyers lying and throwing around allegations they know to be false. > Perhaps the courts need to fire a warning shot that the ABA needs to course correct They very much need to do this. > I truly doubt the ABA is stupid enough to try to buck the judicial system I think there is a mistake here: 1) Judges are mostly lawyers and in ABA culture. It's not clear they'd want to buck the system. 2) There is no plausible alternative. The populace won't hand those powers over to the executive, since we have a constitution (and we're all indoctrinated into separation of powers since little kids, and even so, it's a good idea even with corruption in the judicial). The ABA's position is secure. For the ABA (not an individual lawyer) to be scared, there would need to be a plausible threat. 3) Being corrupt is the opposite of "openly acknowledging." By far the best thing we can do to address corruption is to openly acknowledge it, and then when things don't improve, to point fingers at the bottlenecks. |