The Fraternity: Lawyers and Judges in Collusion

by John Fitzgerald Molloy

As lawyer and judge for half a century, John Fitzgerald Molloy both profited from our legal system and saw how it has been altered in favor of lawyers, to the detriment of society. He shows that the legal profession has continuously re-shaped the law, in subtle but significant ways, to make legal services ever more necessary--and more lucrative for the Fraternity. The power the Fraternity now exercises, including the power to decide President Bush over Gore, has been accomplished by creating a new religion, that of worshiping the Constitution in ways the founders did not intend--with lawyers and judges the priests of that new religion. Molloy demonstrates terrible deficiencies in our legal system and presents practical solutions.

• Format: Hardcover
• Language: English
• ISBN: 1557788413
• ISBN13: 9781557788412
• Release Date: August 2004
• Publisher: Paragon House Publishers
• Length: 280 Pages
• Weight: 1.14 lbs.
• Dimensions: 0.8" x 6.3" x 9.1"

Customer Reviews

Excellent

Didn't really need to read the book, as having been in 'the profession' the truth of what Judge Molloy conveys hit me on a daily basis, and eventually left after eight years. The 'politicking' in the courts is abominable, and the public and justice not being served on any level. Well writen, and as an Arizona especially appreciated his 'take' on the Arizona judiciary and his experiences most of all.

A Trenchant Description of the Degeneration of the US Legal System

This is a heartfelt, straight-talking assault on the degeneration of the American legal system, as well as the colorful memoir of a long, diverse legal career. Molloy's stories of his life in the law, using anecdotes supported by case and article citations, tell a disquieting tale of the proliferation of complexities that require the ever-more-costly services of lawyers, coupled with the court-made laws that can make it ever more difficult to punish offenders (e.g., exclusionary rule, Miranda warnings, separate trials for co-defendants in murder cases). One of Molloy's most important points is that the courts are making law, a right reserved to Congress by our Constitution, while maintaining that they are merely interpreting the Constitution. When Congress attempts to pull back from some of these court-made limitations - as when they enacted a law maintaining that voluntary confessions could be admissible even without a Miranda warning - the Supreme Court defeats their aim. How could Molloy have gone along with some of this for so long? He asks this himself. Aside from his desire to do well, some of the reason surely is lawyers' inbred tendency to acquiesce to higher authority. If the Supremes say it's so, who is a mere superior court judge or trial lawyer to argue? I'm glad Molloy has lived long enough to argue. He's really personal about his objections and his frequent contempt for our highest court, but he makes a good case.

A Retired Lawyer & Judge Exposes Why Our Legal System Is So Messed Up

John F. Molloy, the author, spent over 40 years as a lawyer and judge in the U.S. His honest and critical(also of his own "selling out for the lust for money & power")insider insights from these two perspectives, provide the reader-citizen a well put, detailed history of what has gone wrong with our legal system, espec. over the last 60 or so years. He gives understandable histories and details how and why, our initially great system of Law and its pursuit of Truth & Justice, has too often become primarily a way for lawyers and judges to enrich themselves financially, while forsaking its noble purpose. Judges do this by re-interpreting existing laws, and creating new ones,and the complex "rules of the game", with the helpful "input" of lawyers trying cases before them. Mr. Molloy exposes the what, how, and why of what's gone wrong, and its impact on the moral & social fabric of our citizens. But he also offers some sensible suggestions for needed changes. This is an important, well written and worthy book for lawyers and citizens of conscience.

Wake up

This is the story of how practice of the law has been corrupted over time. Judge Molloy's colorful anecdotes kept me entertained and at other times I felt outraged at how our justice system has been perverted to serve the interests of lawyers instead of serving the interests of the public. This book is very readable and informative. I highly recommend it.

The most important book in years

The Fraternity is the most important book in years. As a former corporate executive, then business owner/CEO, I so appreciate reading the disturbing trend Judge Molloy details in the legal profession has increasingly threatened the economic health of our country. He accurately chronicles precedent setting case after case of this alarming devolution. All this deterioration has been to complicate and thereby fatten the pockets of trial lawyers in collusion with our judges. Equally disquieting to all citizens is the effect in criminal trial law. More and more critical information is excluded from testimony to the point that jurors can longer make informed intelligent decisions. John Molloy is to be commended for these important revelations of unconscionable greed by the legal profession that has been so destructive to the legal profession. This is a story from one of the country's great legal experts that must be read.