Separation of powers

Since the Maine Supreme Judicial Court is meeting to determine the appropriate type of television ads that lawyers may air, citing First Amendment protections, perhaps it should also tackle another vexing issue which is even more important concerning the separation of powers.

Clearly, there are three branches of government, executive, legislative and judicial, and they all must operate independently from each other. As the court has stated, “Lawyers are officers of the court”; obviously they are part of the judicial branch. If the branches are to be separate and independent of each other, then these lawyers should not be permitted to run for Congress, the legislative branch. Can you imagine what would happen if lawyers could write the laws that they would later profit from? Oh, wait, the above scenario has already been played out!

Perhaps a solution to this problem would be for the Legislature to enact a law that prohibits a lawyer from accepting appointment to Congress until he rescinds his license to practice law. Since that will never happen, then the court must take the initiative to enforce this rule.

The court has become very efficient lately in writing laws; as it has become a rule-making authority, this new rule should be easy to enact. Let’s see if they have the courage to do so.

Susan Johnson

Frankfort