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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