Rachel Answers Another Phony
Republican Leadership Bar Compliant

RACHEL LEA HUNTER
Suite 332
1251 NW Maynard Road
CARY, NORTH CAROLINA 27513-4348

December 4, 2006

Ms. Katherine E. Jean, Esq.
NC State Bar - Grievance Committee
Post Office Box 25908
Raleigh, North Carolina 27611-5908

Re: Grievance Number 06G1174

Dear Ms. Jean:

I am in receipt of your letter dated November 20, 2006. Please be advised that our office was closed for the Thanksgiving holiday and I did not actually receive the letter until Monday, November 27, 2006.

The election is long since over and I did not prevail. What purpose does this serve now? To ensure that I will never run again for any office?

The NC State Bar has become a political tool to be used against any candidate who happens to be an attorney. It is particularly unfortunate that the bar allows such complaints to be filed anonymously, thereby protecting the filers while a hapless attorney must spend his or her time responding to these frivolous allegations that have no bearing on the practice of law or on the attorney-client relationship. Request will be made to disclose the identity of the filers so that I can recover my financial losses that these individuals have caused me to incur.

During my quest for office, I set up a political action action committee. The PAC was funded by donations from others, including my campaign advisor, "Max," who is not an attorney nor subject to regulation by the NC State Bar. Candidates who requested assistance received small donations from the PAC. It is doubtful that any of these donations influenced the elections as many of the candidates did not win. Towards the end of the campaign, things got confusing, but as I recall, donations were made by the PAC, not my campaign. However, I defer to the reports that were filed with the state elections board concerning the PAC and my campaign. These are public records and are accessible by anyone.

Ms. Katherine E. Jean, Esq. NC State Bar - Grievance Committee

Page 2

December 4, 2006

Of more importance is that the Code of Judicial Conduct runs afoul of state/federalelection law and the US Constitution. Under the election law, individuals can donate to anyone, although limits have been placed on the amount that can be donated. Donations to a political campaign equate with political speech, subject to these financial limitations. To my knowledge, none of the donations were in excess of that permitted by federal/state law.

In Republican Party of Minnesota v. White (2002), which already has been cited to you on numerous occasions, the US Supreme Court held that restrictions by a state disciplinary board on speech are not permissible and are unconstitutional. The NC Code of Judicial Conduct seeks to circumvent state/federal law by placing restrictions on any donations, i.e., on political speech. This is unconstitutional and impermissible.

Merely because I was a candidate for judicial office did not mean that I forfeited any constitutional rights that I had under the law. Any attempt by the state bar to regulate matters that are the subject of federal/state election law is unconstitutional and impermissible under Republican Party of Minnesota v. White, supra, as a limit on political speech.

In sum, I maintain that no violation occurred, but if it may have inadvertently occurred, then any attempt by the NC State Bar to regulate such conduct is unlawful, unconstitutional and impermissible under state/federal election law, Republican Party of Minnesota v. White and other authorities.

I trust that this answers the complaint filed by the anonymous informant. Please contact me at the above addressor telephone if you require further information. As this does not relate in any way to my employment, please direct all correspondence to my home address in the future.

Sincerely,
Rachel Lea Hunter, Esq.

RLH/rlh