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RIVERNIDER v U.S. BANK - 47.7 - # 7 Exhibit "6", Oct. 13, 2009 Order of Judge Land, U.S. District Court, Middle District of GA - Gov.uscourts.flsd.342089.47.7

RIVERNIDER v U.S. BANK - 47.7 - # 7 Exhibit "6", Oct. 13, 2009 Order of Judge Land, U.S. District Court, Middle District of GA - Gov.uscourts.flsd.342089.47.7

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Published by Jack Ryan
Attachments: # 7 Exhibit "6", Oct. 13, 2009 Order of Judge Land, U.S. District Court, Middle District of GA
Attachments: # 7 Exhibit "6", Oct. 13, 2009 Order of Judge Land, U.S. District Court, Middle District of GA

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Published by: Jack Ryan on Jan 20, 2010
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01/20/2010

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Ruling of Judge Clay D. Land
October 13, 2009
 
EXHIBIT “
6
Case 9:09-cv-81255-WPD Document 47-7 Entered on FLSD Docket 01/20/2010 Page 1 of 44
 
IN THE UNITED STATES DISTRICT COURTFOR THE MIDDLE DISTRICT OF GEORGIACOLUMBUS DIVISIONCONNIE RHODES,Plaintiff,vs.THOMAS D. MACDONALD, Colonel,Garrison Commander, FortBenning;
et al.
,Defendants.******CASE NO. 4:09-CV-106 (CDL)O R D E RINTRODUCTIONCommenting on the special privilege granted to lawyers and thecorresponding duty imposed upon them, Justice Cardozo once observed:Membership in the bar is a privilege burdened withconditions. [A lawyer is] received into that ancientfellowship for something more than private gain. He[becomes] an officer of the court, and, like the courtitself, an instrument or agency to advance the ends ofjustice.
People ex rel. Karlin v. Culkin,
162 N.E. 487, 489 (N.Y. 1928)(Cardozo, J., writing as Chief Judge of the New York Court of Appealsbefore his appointment to the United States Supreme Court) (internalquotation marks omitted). Competent and ethical lawyers “areessential to the primary governmental function of administeringjustice.”
Goldfarb v. Va. State Bar 
, 421 U.S. 773, 792 (1975). Forjustice to be administered efficiently and justly, lawyers mustunderstand the conditions that govern their privilege to practice law.Lawyers who do not understand those conditions are at best woefullyunprepared to practice the profession and at worst a menace to it.
Case 9:09-cv-81255-WPD Document 47-7 Entered on FLSD Docket 01/20/2010 Page 2 of 44
 
2When a lawyer files complaints and motions without a reasonablebasis for believing that they are supported by existing law or amodification or extension of existing law, that lawyer abuses herprivilege to practice law. When a lawyer uses the courts as aplatform for a political agenda disconnected from any legitimate legalcause of action, that lawyer abuses her privilege to practice law.When a lawyer personally attacks opposing parties and disrespects theintegrity of the judiciary, that lawyer abuses her privilege topractice law. When a lawyer recklessly accuses a judge of violatingthe Judicial Code of Conduct with no supporting evidence beyond herdissatisfaction with the judge’s rulings, that lawyer abuses herprivilege to practice law. When a lawyer abuses her privilege topractice law, that lawyer ceases to advance her cause or the ends ofjustice.It is irrefutable that a lawyer owes her client zealous advocacy,but her zeal must be constrained within the bounds placed upon her asan officer of the Court and under the Court’s rules.
See e.g., PolkCounty v. Dodson
, 454 U.S. 312, 323 (1981) (though a lawyer “has aduty to advance all colorable claims and defenses . . . [i]t is theobligation of any lawyer . . . not to clog the courts with frivolousmotions or appeals”). Specifically, Rule 11 of the Federal Rules ofCivil Procedure expressly sets forth the outer boundaries ofacceptable attorney conduct. That rule prohibits a lawyer fromasserting claims or legal positions that are not well-founded underexisting law or through the modification, extension, or expansion of
Case 9:09-cv-81255-WPD Document 47-7 Entered on FLSD Docket 01/20/2010 Page 3 of 44

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