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Letter From the President of the Austin Bar Assocation
In light of the Sosa opinion (cited here at the time of its release) authored by Judge Monroe, a well respected Bankrutpcy Judge in the Western District of Texas, here is a letter drafted by the President of the Austin Bar:
From: "AustinBar" AustinBar@austinbar.org
Date: Wed, 01 Feb 2006 16:53:36 -0600
Subj: Our Responsibility as Lawyers
You may be aware of the recent opinion written by longtime Bankruptcy
Judge, Frank Monroe. If not, please see the attached document.
As several Austin lawyers have already observed, Judge Monroe is
respected by the majority of lawyers who practice in his court. While
the attached opinion may be controversial, I believe the level of
respect for him has only increased since its release and his courage in
writing this opinion is to be applauded. Congress needs to hear that the
new bankruptcy laws are inane and in several instances, simply
ridiculous. The new laws were intended to shield business interests and
as a result, include minimal to no consumer protection.
Judge Monroe's actions should serve as a reminder to us all that as
lawyers and judges, we are the protectors of our democracy. Whenever
injustice has been banished, conflict reconciled, and human
understanding fostered, lawyers and the legal system have played a
vital role. We must not sit idly by as our constitutional rights are
being shredded.
The right to a trial by a jury of your peers is yet another example of
a fundamental right that is slowly, but steadily being stolen from us
and the clients we represent. As lawyers, we cannot wait for someone
else to complain. Throughout history, lawyers have been at the forefront
of illuminating challenges to our liberty. We must continue in that
tradition. If we allow the jury trial to disappear, then we will have no
one to blame but ourselves.
So, thank you Judge Monroe. Not only for identifying the fallacies of
the new bankruptcy laws, but also, for speaking your mind. You are a
great example for all lawyers.
Randy Howry
President, Austin Bar Association
Here is another link to the case, which really lets Congress know the Judge's feelings about the recently passed amendments to the Code:
The full opinion is available at: http://www.txwb.uscourts.gov/opinions/opdf/05-20097-frm_Guillermo%20Alfonso%20Sosa%20and%20Melba%20Nelly%20Sosa.pdf
Among other things, the Court notes that the authors of the amendments had an agenda to "make more money off the backs of consumers in this country."
Mike