Why Christian Anarchists Make Fine Attorneys
Or would, if they were allowed to practice law


It is the purpose of this page to show that Christian Anarchists can fulfill the duties of an attorney as prescribed by California Business and Professions Code 6068.

6068. Duties of attorney
It is the duty of an attorney to do all of the following:
(a) To support the Constitution and laws of the United States and of this state. If the federal government declared that "overpopulation" was a threat to our nation's national security, and every family must kill off all but two of their children, a Christian would refuse to kill, and would disobey this law. A Christian "must obey God rather than man." For this reason, the U.S. Supreme Court has said that a Christian cannot take an oath to "support the Constitution" as required by this statute. Details here. But in other respects a Christian could certainly take this oath, if permitted to do so. We will return to this part of the law below.
(b) To maintain the respect due to the courts of justice and judicial officers.

Acts 23:5 Then Paul said, "I did not know, brethren, that he was the high priest; for it is written, 'You shall not speak evil of a ruler of your people.'"
Romans 13:7 Render therefore to all their dues: tribute to whom tribute is due; custom to whom custom; fear to whom fear; honour to whom honour.

(c) To counsel or maintain such actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense. Frivolous lawsuits waste the time of the human beings involved and squander tax dollars.

Unjust lawsuits harm the innocent.

(d) To employ, for the purpose of maintaining the causes confided to him or her such means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law. Unjust suits or bad faith arguments constitute lies (The Ninth Commandment)
(e) To maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client. A Christian has no reason not to protect the attorney-client privilege.
(f) To abstain from all offensive personality, and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he or she is charged. Another requirement of The Ninth Commandment.
(g) Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest. See the comments of John Calvin.
(h) Never to reject, for any consideration personal to himself or herself, the cause of the defenseless or the oppressed. This is foremost in the minds of most Christian Anarchists. Details.
(i) To cooperate and participate in any disciplinary investigation or other regulatory or disciplinary proceeding pending against the attorney. However, this subdivision shall not be construed to deprive an attorney of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States or any other constitutional or statutory privileges. Jesus commanded our cooperation with Caesar.
(j) To comply with the requirements of Section 6002.1.
This is a bookkeeping requirement, which begins:
6002.1. (a) A member of the State Bar shall maintain all of the following on the official membership records of the State Bar: (1) The member's current office address and telephone number or, if no office is maintained, the address to be used for State Bar purposes or purposes of the agency charged with attorney discipline. More.
A Christian Anarchist has no problem conforming to such requirements.
(k) To comply with all conditions attached to any disciplinary probation, including a probation imposed with the concurrence of the attorney. No Christian Anarchist would expect to receive any disciplinary probations, but would certainly comply with them.
(l) To keep all agreements made in lieu of disciplinary prosecution with the agency charged with attorney discipline. Similarly, all such agreements would be faithfully kept. Christ the King would command it.
(m) To respond promptly to reasonable status inquiries of clients and to keep clients reasonably informed of significant developments in matters with regard to which the attorney has agreed to provide legal services. This is more than a matter of common courtesy, and certainly a concern of those who are attempting to become more like Christ.
(n) To provide copies to the client of certain documents under time limits and as prescribed in a rule of professional conduct which the board shall adopt. This is not just a matter of submitting to the ordinances of man (1 Peter 2:13), but a matter of good character.
(o) To report to the agency charged with attorney discipline, in writing, within 30 days of the time the attorney has knowledge of any of the following:

(1) The filing of three or more lawsuits in a 12-month period against the attorney for malpractice or other wrongful conduct committed in a professional capacity.

(2) The entry of judgment against the attorney in any civil action for fraud, misrepresentation, breach of fiduciary duty, or gross negligence committed in a professional capacity.

(3) The imposition of any judicial sanctions against the attorney, except for sanctions for failure to make discovery or monetary sanctions of less than one thousand dollars ($1,000).

(4) The bringing of an indictment or information charging a felony against the attorney.

(5) The conviction of the attorney, including any verdict of guilty, or plea of guilty or no contest, of any felony, or any misdemeanor committed in the course of the practice of law, or in any manner such that a client of the attorney was the victim, or a necessary element of which, as determined by the statutory or common law definition of the misdemeanor, involves improper conduct of an attorney, including dishonesty or other moral turpitude, or an attempt or a conspiracy or solicitation of another to commit a felony or any such misdemeanor.

(6) The imposition of discipline against the attorney by any professional or occupational disciplinary agency or licensing board, whether in California or elsewhere.

(7) Reversal of judgment in a proceeding based in whole or in part upon misconduct, grossly incompetent representation, or willful misrepresentation by an attorney.

(8) As used in this subdivision, "against the attorney" includes claims and proceedings against any firm of attorneys for the practice of law in which the attorney was a partner at the time of the conduct complained of and any law corporation in which the attorney was a shareholder at the time of the conduct complained of unless the matter has to the attorney's knowledge already been reported by the law firm or corporation.

(9) The State Bar may develop a prescribed form for the making of reports required by this section, usage of which it may require by rule or regulation.

(10) This subdivision is only intended to provide that the failure to report as required herein may serve as a basis of discipline.

A Christian Anarchist would work with great diligence to never commit any of the conduct listed at left, but would certainly comply with the requirement to report any such conduct.

Let's return to section (a)

 (a) To support the Constitution and laws of the United States and of this state. What exactly does it mean to "support the Constitution?" The Supreme Court has said this "support" language includes the following:
  1. Support of America's "organic law" (Cole v. Richardson, 1972). What is America's "organic law?" Most people who have taken this oath couldn't tell you. The first volume of the U.S. Code (West Publ.) contains four charters under "The Organic Law": The Articles of Confederation, The Declaration of Independence, the Constitution, and the Northwest Ordinance

    1. The Declaration of Independence contains much theological language. References to "Nature's God", the "Creator", "Divine Providence", and the "Supreme Judge" are explicitly religious. (What would the ACLU do if legislators used language like this today?) Details.

    2. The Northwest Ordinance says more. Even though Justice Douglas concurred in Engel v. Vitale, which removed voluntary prayer from public schools, he admitted that

      Religion was once deemed to be a function of the public school system. The Northwest Ordinance, which antedated the First Amendment, provided in Article III that "Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged."
      There can be no "separation" of religion and state, because religion is "necessary for good government," and public schools ought to teach this.
    3. According to the U.S. Supreme Court in 1892, the Organic Law of this nation grounds our government on Christianity.
    4. Therefore, to take this part of the attorney's oath is to promise to oppose the modern myth of "separation of church and state."
  2. The Court in Law Students Civil Rights Research Council, Inc. v. Wadmond, 401 U.S. 154 at 166, 91 S.Ct. 720 at 728, 27 L.Ed.2d 749 (1971), declared that the "support oath" assured the government that the applicant is "dedicated to the peaceful and reasoned settlement of disputes between men, and between a man and his government." A Christian Anarchist fully supports this objective. Details.
  3. In U.S. v. Schwimmer, 279 U.S. 644, 49 S.Ct. 448, 73 L.Ed. 889 (1929), the Court said Ms. Schwimmer could not become an American because she was a writer and speaker and might use her skills to persuade Americans not to trust their government. It should be recalled that while courts and legislatures have carefully guarded against resort to force or violence, the use of such force to overthrow an oppressive government is said to be a fundamental right of man (according to the Declaration of Independence) and the exercise of the right to violent revolution was instrumental in the founding of the present constitutional system. Nevertheless, "Christian anarchists" repudiate violent revolution and are committed to persuading others to obey God's Law.
  4. Cases concerning the inability of applicants to take support oaths or answer questions concerning political association have also turned on the question of their loyalty to a foreign state.[2] The citizenship of a Christian Anarchist is in heaven (Philippians 3:20). The Christian Anarchist is therefore not loyal to any other earthly State.

This requirement violates the First Amendment.

  1. Impossible as a matter of law - Summers
  2. Impossible as a matter of common sense: Christian Anarchists seek to abolish the Constitution and Government and establish a Christocracy, or Anarcho-Theocracy.
  3. Nevertheless, this is not contrary to the Original Intent of the Founding Fathers.
    1. Every single person who Signed the Constitution believed that America must be a nation "under God." This is the literal meaning of the word "Theocracy." "Theocracy" has nothing to do with priests or the Taliban.
    2. The Founding Fathers were generally libertarian, reserving a few areas of society for development by the State (such as the Post Office). If they could see America today, they would immediately see that every area they reserved for the State has been a disaster, and that the real source of social order was, as they all said, religion and morality. The Founders would become anarcho-capitalists.
    3. Jefferson believed the Constitution should be re-written at least twice in a man's lifetime, and advocated periodic revolution to keep the government on its toes. (Library of Congress)
  4. When secularized, this phrase ("support the Constitution") means nothing.
            a. Violence not prohibited.
            b. Moral Turpitude not prohibited
                   1. Ten Commandments thrown out
                   2. Court rulings:

Attorney's alleged acts of moral turpitude and violations of Rules of Professional Conduct do not necessarily constitute violation of statute setting forth attorney's duty to support Federal and State Constitution and laws. Lipson v. State Bar of California (1991) 281 Cal.Rptr. 775, 53 Cal.3d 1010, 810 P.2d 1007.

Thus, Christian Anarchists are more supportive of the Founders than the overwhelming majority of people who have taken an oath to "support the Constitution" (but have never read that document).

 

Conclusion

A Christian Anarchist should be allowed to take the oath prescribed for admission to the practice of law.

(Added by Stats.1939, c. 34, p. 355, 1. Amended by Stats.1985, c. 453, 11; Stats.1986, c. 475, 2; Stats.1988, c. 1159, 5.)

(Amended by Stats.1990, c. 1639 (A.B.3991), 4.)

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NOTES

[1] Cole v. Richardson, 405 U.S. 676, 682, 92 S.Ct. 1332, 1336; 31 L.Ed.2d 593 (1972).

[2]. Pre-American Common Law: Imbrie v. Marsh, 3 N.J. 578 at ---, 71 A2d 352 at 357, 363, 18 ALR2d 241 at 247, 253 (1950)(rival sovereigns);
Revolutionary America [Article VI, Section 3]: Imbrie at A2d 364, ALR2d 255; (England);
Civil War Era: Cohen v. Wright, 22 CalRptr 297 at 299 (1863)(brief for appellant), 307, 310, 311, 330; Cummings v. Missouri, 71 U.S. 277 at 317, 327, 18 L.Ed 356 at 361, 364 (1867); Imbrie v. Marsh at A2d 365, ALR2d 256 (the Confederacy);
Cold War Era: Konigsberg (I) v. State Bar of California, 353 U.S. 252 at 298, 77 S.Ct. 722 at 745 (1957); cf. Barenblatt v. United States, 360 U.S. 109 at 130n31, 79 S.Ct. 1081 at 1095n.31 (1959); cf. Communist Party v. Subversive Activities Control Board, 367 U.S. 1 at 5-9, 13-14, 51-55, 57, 81 S.Ct. 1357 at 1363, 1364, 1365, 1366, 1368, 1387, 1388, 1389, 1390 (1961); Elfbrandt v. Russell, 384 U.S. 11 at 21, 86 S.Ct. 1238 at 1243 (1966); cf. Wilkinson v U.S. 365 U.S. 399 at 401, 404n5, 81 S.Ct 567 at 569, 571n5 (1961)(the Soviet Union);
Present: Imbrie at A2d 354, 355, 371, ALR2d 244, 245, 362; Speiser v. Randall, 357 U.S. 513 at 515-16, 78 S.Ct. 1332 at 1336 (1958).  [Return to text]



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