Today’s Rule of Law crisis stems from decades of the legal profession’s Bar Enforcement Authorities (BEAs) failing to enforce their Rules of Professional Conduct. BEAs in DC, VT, and virtually every other jurisdiction have literally never (not once) enforced their professed Honor Code (Rule 8.3), and VT and others have also virtually never enforced Rule 3.1, which prohibits attorneys from making statements that lack a good faith basis.

1993 warnings and 2003 requirements ignored: In 1993, Yale Law Dean A. Kronman warned that “Every year produces … renewed doubts about the ability of the profession to police itself.”  In 2003 and expressly in response to public outcry from attorneys’ silent complicity in the Enron scandal — the ABA and every jurisdiction exponentially expanded attorneys’ duties to speak up. Disclosure mandates previously limited to future bodily harm were expanded to financial and even anticipated harm, yet BEAs have virtually completely ignored the expansions.

DC.‍ ‍RTL focuses on DC because of its heightened importance to democracy and because of demonstrated violations by its BEAs themselves.

VT. RTL focuses on VT because it has never enforced 8.3 and virtually never enforced 3.1 despite its own data showing that 3.1 alone is violated over 1,000 times per year.

CA. RTL highlights CA for steps that should be taken, because, following public outcry in the face of a non-enforcement scandal, California: (1) investigated its BEAs and publicly disclosed a “shocking … culture of unethical and unacceptable behavior;” (2) enacted a uniquely strong 8.3 (requiring prompt and sometimes dual-venues of reporting); and (3) appointed a Non-Attorney to Chair the BEA’s oversight Board.

In most states, BEAs are emperors wearing no clothes. Once one looks objectively, BEAs’ failures are obvious, and stopping them is critical to preserving our democracy.