Here's a shocking thing. In the United States of America, criminal defendants are entitled to a lawyer.
When criminal defendants are particularly high profile and the issues especially difficult, it often takes very good lawyers to take on the case and often they do so for free.
A group affiliated with Dick Cheney's daughter Elizabeth and former New York Times Op-ed columnist William Kristol apparently has some issues with this.
The group, Keep America Safe, is getting a lot of heat -- and a lot of press -- for releasing a video carrying the headline "DOJ: Department of Jihad" and asking of certain government officials, "Whose values do they share?"
Who are these evil doers? DOJ lawyers who, while in private practice, represented detainees at Guantanamo or signed amicus briefs on policy issues (sometimes, The Washington Post pointed out, for conservative legal organizations).
Rep. Frank Wolf (R-Va.) also wrote a letter to US Attorney General Eric Holder saying that, "the decision to allow attorneys who advocated for terrorists held at Guantanamo to craft detainee policy during the war on terror would be akin to allowing attorneys for the Mafia to draft organized crime policy during the 1960s."
What exactly are these people saying? That people who are detained and accused of terrorism are guilty and that they deserve no representation at all, ever? That attorneys who are willing to take on work that the government desperately needs them to take on in order for terrorism cases to move forward should be forever banned from working for the government?
The "values" that these attorneys share are the values they raised their hands and promised to uphold when they became lawyers -- to uphold the law and represent those that need legal counsel.
And now that some of them have left their very high-paying firm jobs to take on their country as a client, they are getting criticized in a propaganda video created by a group affiliated with Krisol and Cheney, intelligent people who we frankly don't believe really believe this.
This is not a conservative issue or a liberal one -- as noted by the WSJ Law Blog, critics of the video have come swinging from both sides -- but a simple legal one.
The National Law Journal has a round-up of comments from BigLaw firms and attorneys -- including those from O'Melveny, Covington, Sidley Austin and Arnold & Porter -- who do the type of work being attacked in the video. The full article deserves a read, but the general consensus is unsurprising -- criticism of those who take on tough pro bono cases is likely to have little to no impact on those willing to do the work.
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Monday, June 28, 2010
Tuesday, June 15, 2010
Bismarck attorney joins judgeship race
The race to replace South Central District Judge Robert Wefald keeps getting more crowded.
Bismarck attorney Timothy Austin has announced he will enter the race for judgeship No. 5, joining Burleigh County Assistant State's Attorney Cynthia Feland, Assistant Attorney General Parrell Grossman and public defender Todd Schwarz.
The South Central Judicial District encompasses 12 counties, including Burleigh and Morton counties. Of the eight judgeships in the district, two are up for election this year - Wefald's seat, judgeship No. 5, and the seat of South Central District Judge Sonna Anderson, judgeship No. 2. So far, no attorneys have announced campaigns against Anderson.
January 9 was the first day candidates for judgeships could circulate petitions, for which they need 300 signatures. The filing deadline for the primary election is 4 p.m. April 9, and the deadline for declaring as a write-in candidate is 4 p.m. May 18. The top two candidates from the June 8 primary election will advance to the Nov. 2 general election. The deadline to file as a write-in candidate for the general election is 4 p.m. Oct. 12.
Austin, 56, graduated from Drake University Law School and was admitted to practice law in the state in 1979. He began in general practice with a Mandan law firm and was appointed a special assistant attorney general in 1981 to work on in-state hearings required for a proposed hydroelectric transmission line. Other cases he worked involved "everything from adoptions to zoning matters," he said in a statement.
In 1996, Austin opened a sole practice. Though he is still involved in the general practice of law, the majority of his work is as general counsel for Dakota Collectibles, a local software company that supplies embroidery designs. At Dakota Collectibles, he has done copyright work as well as contracts and licensing agreements.
Austin also was an adjunct professor at Minot State University, teaching criminal law, in 1979 and at the University of Mary from 1988 to 1990, teaching local government law.
"My broad legal and life experiences, coupled with my even temperament, will serve me well as a district judge," he said in his statement.
Austin said he had some courtroom experience early in his career, when he believes he took cases to trial about once a year. However, he doesn't think that would be a problem, since judges rule on objections and points of law rather than try cases.
"I don't think you have to be a really experienced trial lawyer to be a good judge, just like you don't have to be a really good NFL player to be a referee," he said.
Austin has served on the North Dakota Board of Counselor Examiners since 2000, serving as its chairman for the last six years. He has been on the board of directors for Heartland Child Nutrition Inc., a sponsoring program for the federal Child and Adult Care Food Program, since 2004. He also served from 2001 to 2002 on the board of directors for Beginning Experience of Western North Dakota, a faith-centered, non-denominational support group for those seeking a new beginning because of divorce, death or separation.
Austin said the legal profession has served him well over the years, and he would like to give something back.
"I view this judgeship as an opportunity to faithfully serve both my profession and the public at large," he said.
He believes his "intellectual honesty as far as application of law" and his professional integrity would serve him well as a judge.
"I'll apply the law with common sense, fairness and complete impartiality," he said.
Source
Bismarck attorney Timothy Austin has announced he will enter the race for judgeship No. 5, joining Burleigh County Assistant State's Attorney Cynthia Feland, Assistant Attorney General Parrell Grossman and public defender Todd Schwarz.
The South Central Judicial District encompasses 12 counties, including Burleigh and Morton counties. Of the eight judgeships in the district, two are up for election this year - Wefald's seat, judgeship No. 5, and the seat of South Central District Judge Sonna Anderson, judgeship No. 2. So far, no attorneys have announced campaigns against Anderson.
January 9 was the first day candidates for judgeships could circulate petitions, for which they need 300 signatures. The filing deadline for the primary election is 4 p.m. April 9, and the deadline for declaring as a write-in candidate is 4 p.m. May 18. The top two candidates from the June 8 primary election will advance to the Nov. 2 general election. The deadline to file as a write-in candidate for the general election is 4 p.m. Oct. 12.
Austin, 56, graduated from Drake University Law School and was admitted to practice law in the state in 1979. He began in general practice with a Mandan law firm and was appointed a special assistant attorney general in 1981 to work on in-state hearings required for a proposed hydroelectric transmission line. Other cases he worked involved "everything from adoptions to zoning matters," he said in a statement.
In 1996, Austin opened a sole practice. Though he is still involved in the general practice of law, the majority of his work is as general counsel for Dakota Collectibles, a local software company that supplies embroidery designs. At Dakota Collectibles, he has done copyright work as well as contracts and licensing agreements.
Austin also was an adjunct professor at Minot State University, teaching criminal law, in 1979 and at the University of Mary from 1988 to 1990, teaching local government law.
"My broad legal and life experiences, coupled with my even temperament, will serve me well as a district judge," he said in his statement.
Austin said he had some courtroom experience early in his career, when he believes he took cases to trial about once a year. However, he doesn't think that would be a problem, since judges rule on objections and points of law rather than try cases.
"I don't think you have to be a really experienced trial lawyer to be a good judge, just like you don't have to be a really good NFL player to be a referee," he said.
Austin has served on the North Dakota Board of Counselor Examiners since 2000, serving as its chairman for the last six years. He has been on the board of directors for Heartland Child Nutrition Inc., a sponsoring program for the federal Child and Adult Care Food Program, since 2004. He also served from 2001 to 2002 on the board of directors for Beginning Experience of Western North Dakota, a faith-centered, non-denominational support group for those seeking a new beginning because of divorce, death or separation.
Austin said the legal profession has served him well over the years, and he would like to give something back.
"I view this judgeship as an opportunity to faithfully serve both my profession and the public at large," he said.
He believes his "intellectual honesty as far as application of law" and his professional integrity would serve him well as a judge.
"I'll apply the law with common sense, fairness and complete impartiality," he said.
Source
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