Livinglies's Weblog

I learned early (2006-2011) on when some 26 state bar associations filed various types of complaints or started investigations of my efforts to help homeowners. I fought them all back. Meanwhile, I have seen one lawyer after another falling victim to imaginary violations or discipline that was about 10 times worse than lawyers doing anything other than foreclosure defense.

The case in point is Gary Dubin, who practices mostly in Hawaii and California. He is one of the few lawyers that has been licensed and still alive for more years than I have been. In defense of homeowners who now join him in this Petition to SCOTUS, he took the road of challenging virtually everything in court. In so doing, he smashed one doctrine after another leading all the way to the Ninth Circuit Court of Appeals. His successes were legendary.

So it came as no surprise to me that suddenly he came under fire from the bar Association in Hawaii. He had, at worst reading, committed a potential violation. This was then escalated to fraud and deceit and all sorts of egregious acts that never occurred. The rest was just characterization. Or, I would say, a mischaracterization. In decades of practice, he has never been accused of anything improper aside from this one incident that involved no more than an unchecked box on an application.

The whole reason for all this lies in the unholy influence that Wall Street has over the courts, who for one reason or another are not only resistant to theories of foreclosure defense but outright antagonistic to them. He probably faces the same problem with SCOTUS. No court wants to admit that the entire system allowed tens of millions of illegal foreclosures, collection, and judgments. No court wants to even consider the notion that the payments to homeowners were not simply loans but included an advance incentive for the homeowners to accept concealed risks and participation (without profit) in a concealed scheme of securities sales without ever securitizing the alleged debt generated by the paper in an improper and illegal closing.

It was Wall Street brokers that literally paid for the system and so they have some reason to believe they own it.

But Dubin, like me, is too old to be afraid of what might happen if he takes on the power and influence of Wall Street. And in confronting the crazy discipline levied against him in Hawaii he now heroically leads an effort that is long overdue — disciplining the state bar disciplinary boards for acting without due process.

Here is his Press release and a copy of his Petition:

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On February 25, 2021, Attorney Gary Victor Dubin, still permitted to practice law in federal courts, submitted his Petition for Writ of Certiorari in the United States Supreme Court, challenging on federal constitutional grounds his recent disbarment in Hawaii state courts by the Hawaii Supreme Court.

His Petition is the first in the history of the United States Supreme Court challenging the authority of a state supreme court to disbar an attorney in violation of Equal Protection, contrary to the Court’s decision in Griffin v. Illinois, 351 U.S. 12 (1966), and is uniquely supported by nearly two hundred of his clients, claiming standing as also harmed, denied without just cause Dubin’s legal services.

Specifically, Dubin’s Petition is a case of first impression, disputing not only his denial of Due Process and Freedom of Speech, but centrally Equal Protection as a result of the practice of supreme courts in most states, such as Hawaii, disbarring attorneys outside normal civil court proceedings, and without their having a right to a nondiscretionary appeal unlike state appellate rights afforded to physicians, for instance, and all other professionals when their licenses are revoked.

Although the judicial power to disbar attorneys is not usually found in state constitutions, state supreme courts as in Hawaii have usurped that power from the control of state legislatures by claiming it to be their inherent authority, that claim however historically unfounded, while exercising that resulting unchecked power in an arbitrary and capricious manner contrary to federal constitutional safeguards, as evidenced by Dubin’s experience, fully explained in his attached Petition.

Even further abhorrent to Equal Protection, state supreme courts and their disciplinary prosecutors have been targeting foreclosure defense attorneys nationally, such as Dubin, for reasons also explained in the attached Petition.

If questions, comments, seeking more information, or offering amicus support, please reply to info@dubinlaw.net.

Gary Victor Dubin
Dubin Law Offices
Suite 3100, Harbor Court
55 Merchant Street
Honolulu, Hawaii 96813

Office: (808) 537-2300
Facsimile: (808) 523-7733
Email: gdubin@dubinlaw.net

Admitted To Practice In Hawaii
Federal Court And In California
State and Federal Courts

1749_001 Petition

Filed under: foreclosure |