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REGARDING BAR GRIEVANCE

RACHEL LEA HUNTER ATTORNEY AT LAW
901 MADISON AVENUE
CARY, NORTH CAROLINA 27513-4348
Phone: (678)-687-9693 (mobile)/(919)-688-7393 ext. 271 (office)

March 28, 2006

Ms. Barbara B. Weyher, Chair
NC State Bar - Grievance Committee
Post Office Box 25908
Raleigh, North Carolina 27611-59083

Re: Bar Grievance

Your File No.: 06G2073

Dear Ms. Weyher:

I have received your letter regarding the above bar grievance. As I explained, the name arose while I worked for the appellate court in Pennsylvania. Although the name was used by a sitting Pennsylvania justice, friends and I joked about it at the time and thought it somewhat improper.

In 1998, I became active on the internet and adopted this as a nickname. Because my job involved what I saw as the dispensation of justice to litigants, the name seemed apt; I have a passion for justice for all litigants. This name also is more suited to a costumed crime fighter character from a comic book or a dominatrix, not a justice on the court. In fact, I note that nowhere does our state constitution provide for the office of a "Madame Justice." Instead, we have only a Chief Justice and six associate justices and the term "justice" applies, regardless of the office holder's gender. N.C. Constitution, Article IV, § 6. I continued using the name among friends and acquaintances, but I never portrayed myself as anything other than what I was - an attorney.

When I ran in 2004, I created a feature on my website called Ask "Madame Justice." Again, I made it clear to everyone that I was not a justice or a judge. I continued this feature in this campaign. Attached are the questions at my site. You will note that the name "Madame Justice" is in quote, signifying that I do not hold myself out as a current or prior justice. As can be seen from a review of the questions and the answers, people have sought out free legal advice or opinions on various issues. I have never identified myself as a judge or justice nor have the voters been mislead into thinking that I am. Rather, I have provided free legal advice as a service to members of the public. In addition, it does not appear on either my candidacy's website or that of my employers that I am holding myself out to the public as someone connected with the courts or that clients can obtain special access if they wish to utilize my services. Nor has this been a type of ploy to attract clients. I have in no way obtained such clients or any type of remuneration in my professional capacity for my political views.

Ms. Barbara B. Weyher, Chair, NC State Bar - Grievance Committee
Page 2
March 28, 2006

No one at any time has asked me to cease use of the name because they have confused me with an alleged justice on the North Carolina or other courts. In fact, the name has been used on my website since 2004 and it apparently did not cause a problem until now. Political speech is at issue and falls squarely within the limits of the First Amendment of the US Constitution as well as Article I, § 14 of the North Carolina Constitution. This is not a time, place and manner regulation; rather, it is about the content of the speech itself. Therefore, attempts to restrain my rights to engage in political speech are impermissible, as stated in Republican Party of Minnesota v. White, 536 U.S 765 (2002). I have appended a copy of this decision for your review.

Finally, in my nearly eighteen years of practicing law, I have never been the subject of a complaint or grievance filed by a client or member of the bar. Under the circumstances, this appears to be a purely politically motivated act that is designed to result in my withdrawal as a candidate or face censure or disbarment. While this state is facing more serious and even criminal actions of others, it chooses to challenge my use of a nickname which is not a criminal act and which is in no way related to my practice of law. I will vigorously pursue my First Amendment free speech rights in the federal courts if necessary.

Should you require any further information, please do not hesitate to contact me at the above telephone or address. Thank you for your attention to this matter.

Sincerely,

Rachel Lea Hunter
Attorney at Law

RLH/rlh

Enclosures

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Suite 332 | NW 1251 Maynard Road | Cary , North Carolina 27513
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