"ASK MADAME JUSTICE" SECTION STAYS ON SITE IN BAR
COMPLAINT. RACHEL DEMANDS FUTURE HEARING!

RACHEL LEA HUNTER
ATTORNEY AT LAW
901 MADISON AVENUE
CARY, NORTH CAROLINA 27513-4348

September 11, 2006

Ms. Barbara B. Weyher, Chair
NC State Bar – Grievance Committee
Post Office Box 25908
Raleigh, North Carolina 27611-5908
Re: Bar Grievance
Your File No.: 06G2073

(See NC State Bar Letter Below)

Dear Ms. Weyher:

I received your letter of August 28th. I am requesting a hearing and have submitted the enclosed form. Your letter references three provisions which allegedly have been violated. You first contend that I violated Rule 7.1(a). The rule provides that a lawyer “shall not make a false pr misleading communication about the lawyer or the lawyer’s services.” Nowhere on my campaign website do I suggest or proclaim to be other than an attorney.

The bar next alleges that I have violated Rule 8.2(b) and Judicial Canon 7(C)(3). Rule 8.2(b) requires that a “lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduct.” Judicial Canon 7(C)(3) states that a judge or a candidate should not “intentionally or knowingly misrepresent his identity or qualifications.”

I have not misrepresented my identity or qualifications, let alone done so knowingly or intentionally. It was never my intent to intentionally or knowingly violate any rule or law. I have announced my full legal name and am listed on the election ballot by my full legal name, unlike some other candidates who have been permitted to use their nicknames. I have stated repeatedly that I am engaged in private practice. I also have stated that I have worked for judges but do not proclaim myself to be or state that I have been a judge or justice.

More importantly, I continue to adhere to my position that while the bar association can regulate the practice of law, any attempt to restrict campaign speech runs afoul of the United States Supreme Court’s decision in Republican Party of Minnesota v. White, 536 U.S 765 (2002). Further, I continue to assert that the NC Constitution, Article IV, § 6 only refers to justices; the term “Madame Justice” does not exist. It is a made-up nickname that has nothing whatsoever to do with being a justice and was used by me as an internet persona before I ever contemplated running for political or judicial office. The nickname has as much meaning as any other nicknames, including the nicknames allowed to be used by other candidates. It is used only to help the voters identify themselves with me, in the same manner that Judge Robert “Bob” Hunter or Judge Wilton “Rusty” Duke uses their respective nicknames so that voters can identify them. However, I note that the simple solution to eliminate this problem and avoid the arbitrary and capricious decisions rendered by the state board of elections regarding the use of nicknames is to require all candidates for every office to use their full legal name.

I also note that the state elections board is charged with the regulation of political campaigns and the state bar is charged with regulating the practice of law. The state bar has no authority to regulate the conduct of political campaigns simply because a candidate also happens to be an attorney and an attempt to do so violates the equal protection clause of the US Constitution, 14th Amendment.

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