Virtually nothing in American law school training appears to focus on access to justice as a fundamental right. The United States Supreme Court's jurisprudence focuses on Bill of Rights phrases, in their interpretations of "due process," "liberty" and "equal protection," which are all derivative from, or secondary to, the most fundamental right: meaningful access to justice itself. One cannot reach the others if this primary requirement of the rule of law cannot be met. Yet, differently from most other advanced democracies, the American legal system excludes no-low-middle income groups from access to tort civil justice, reserving it to the well to do class. After having moved the Washington State superior courts, the Appeals Court and both the Wa. State and the US Supreme courts on this issue, the author, Christian Joubert, former law professor and plaintiff in different legal procedures, sums up the best of his pleadings on this important issue.

“The Court has considered the latest submission of Mr Joubert and would observe that in it, as in many of his earlier ones, he seeks to buid an argument using many strong constuction materials, (...) Before forums other than the trial court, Mr Joubert is certainly free to press his somewhat novel argument for public funding of his appeal ” . Honorable William L. Downing, King County Superior Court. 16th June, 2006 in the cancer wrongful death case Joubert v Northwest et al.

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CONSTITUTIONAL LAW AND THE UN-EQUAL PROTECTION OF THE LAWS AND THE LACK OF MEANINGFUL ACCESS TO JUSTICE FOR THOSE WHO ARE NOT WELL TO DO

By Christian Pierre Joubert 

“All persons are equal before the law and are entitled without any discrimination to the equal protection of the law…prohibit any discrimination …against social origin, property , birth or other status”. The International Covenant on civil and political rights (General Assembly resolution 2200 A (XXI) of 16 December 1966), signed by Nobel Peace laureate Mr. James Carter and ratified by the Senate. It is thus applicable and equal to a federal norm.

“Equal protection clause requires that persons similarly situated with respect of the legitimate purposes of the law receive like treatment.”  USCA Const. Ad 14 West RCWA Const. Art. 1 para 12.

PREFACE

“There is only on thing more powerful than all the armies of  the world, that is an idea whose time has come” Victor Hugo.

At hundreds of dollars an hour for attorney fees, not to mention the thousands of dollars for depositions, expertise and transcripts costs, the American legal system excludes the no, low to middle income People from civil justice access, scandalously reserving the civil tort-law System to the white collar domineering financial class. And the contingency fee contract” mechanism is not a counter-argument, because the contracting party must oblige in writing him or herself to pay “costs” in a tort case (deposition and expertise, inter alia, which can easily reached the five figure fees). Moreover, most law firms only choose the financially juiciest cases, rejecting the vast majority. Hence, the pro se system which the System does all it can to make sure the pro se has a “fool for a client”.