April 2007
State's Legal and Judicial Communities Prepare to Mark Law Day, Juror Appreciation Week Celebrate Law Day by Safeguarding Missouri's ConstitutionMissouri Press-Bar Commission Re-Elects Slate of Officers
State's Legal and Judicial Communities Prepare to Mark Law Day, Juror Appreciation Week
On and around May 1 – Law Day – lawyers and judges will engage in a variety of service projects to mark the fundamental role the rule of law plays in American society. Meanwhile, another celebration, Juror Appreciation Week, will take place in Missouri from May 1-5.
Law Day
Law Day was created in 1958 by President Dwight D. Eisenhower as the United States’ response to the annual May Day parade that showcased the Soviet Union’s military power. In 1961, a joint resolution of Congress affirming May 1 as Law Day declared that “respect for the law is the key to individual freedom and justice.”
The theme for the 2007 celebration of Law Day is “Liberty Under Law: Empowering Youth, Assuring Democracy.” The theme encourages all Americans to listen to the voices of young people and consider how the law can better serve their needs and interests. It also encourages citizens to assure that the nation’s young people are equipped with the knowledge and skills necessary to effectively make their voices heard within our democracy.
Law Day is celebrated in schools across the country and in programs designed to reach the adult public, with the goal of helping people understand how law keeps us free and how the legal system strives to achieve justice. Thousands of programs are conducted each year across the nation.
In Missouri, many local bar associations will mark Law Day by hosting “Call-A-Lawyer” programs in different communities. These consist of panels of lawyers who team up with local television stations to answer legal questions at no cost to callers. Usually, “Call-A-Lawyer” programs continue for several days or even up to a week. The television stations promote the service and set up a telephone bank at their studios.
In partnership with the Missouri National Education Association and the Missouri Press Association, The Missouri Bar Young Lawyers’ Section will once again sponsor its annual Law Day Essay Contest. Students who prepare essays on this year’s theme of “Liberty Under Law: Separate Branches, Balanced Powers,” will be competing for certificates and U.S. savings bonds.
In addition, The Missouri Bar is asking Missourians to set aside some time on Law Day to catch up on some important reading. As a Law Day project, the bar has published “Read All About It!” — a compilation of book reviews about the nation, our heritage and the law.
Each review was written by a Missouri lawyer. The booklets are being distributed to all Missouri libraries and book stores. It is also available online at the bar’s website, www.mobar.org.
As book reviewers, Missouri lawyers share a unique perspective. They bring to their reviews a solid understanding of the third branch of government as well as a professional knowledge of the legal aspects of personal life and commerce.
Some of the books that lawyers selected to review are fresh off the printing press; others are classics, first printed more than 50 years ago. Some are works of fiction, some are biographies, others explain specific areas of law. All share one thing in common: They will enrich the public’s understanding and appreciation of our nation, its heritage and the laws that make our way of life possible.
Juror Appreciation Week
Juror Appreciation Week will be celebrated in courthouses throughout Missouri from Monday, April 30 through Friday, May 4. Since 2000, the first week in May has been designated by the Supreme Court of Missouri as a time to honor Missourians who serve as jurors.
During Juror Appreciation Week, court personnel will be acknowledging jurors’ contributions in a variety of ways. At a number of courthouses, people reporting for jury duty will be greeted in the morning with fresh donuts and coffee. Some circuit clerks report that they will be providing jurors with homemade snacks. Additionally, some judges will be scheduling educational programs during the week for students. To make the public aware of the celebration, The Missouri Bar is printing lapel stickers and a specially designed poster, which will be displayed prominently at many of Missouri’s 121 county courthouses.
This year’s poster was designed by Lebanon High School senior Brittany Root. Her poster was selected in a Missouri Bar competition that awards the winning student a $500 scholarship to be applied at any college or junior college. Brittany plans on attending Ozarks Technical College.
Celebrate Law Day by Safeguarding Missouri's Constitution
By C. Ronald Baird
President, The Missouri Bar
Missourians are connected from one part of the state to another not only by highways but by a shared belief. Although we may not think much about it, we have a contract with our state government, and we believe that it’s a fair and enduring contract. We call it our Missouri Constitution. It is as necessary and useful as any Missouri resource. It allows our lives and our commerce to move forward. We take it for granted, but on Tuesday, May 1, we need to stop and consider it.
More than 50 years ago, the first day of May was designated by the federal government as Law Day, a national day set aside to celebrate the rule of law. But it takes more than celebration to maintain the rule of law. It takes an informed public – citizens who realize that when the rule of law is attacked or corrupted, our freedoms are at risk. It is no exaggeration to say that, here in Missouri, a proposed amendment to our state Constitution would seriously fracture the legal framework that supports our freedoms.
The House has already passed House Joint Resolution 1, a proposal that would break the contract between our state government and our citizens. The Missouri Bar strongly opposes this proposed constitutional amendment, which is being touted as a safeguard against judges levying taxes.
On the surface, this amendment sounds harmless. It is not. This amendment would take away Missourians’ rights to have their state courts decide cases about taxes and other cases involving such matters as eminent domain or property assessments. One way to promote this amendment is to claim that the judges do not follow the Constitution, are unelected and levy taxes. Such is not the case.
First, let’s examine the facts. No Missouri state court has ever tried to levy, or levied, a tax. Missouri judges take an oath to uphold the Missouri Constitution, which clearly reserves to the Legislature the power to levy taxes. Although some politicians would like to portray Missouri judges as policymakers, they are not. The function of state judges is very different from that of state representatives and members of the executive branch. State judges are impartial umpires who must make tough calls. They don’t make the rules; they apply them to the case at hand, considering the appropriate laws and facts, not the appropriate politics. In addition, their decisions are subject to review by other judges who also have agreed to uphold the Constitution. And every state judge stands before the voters regularly, for retention or election votes.
There is no hue and cry from Missourians, protesting the quality of Missouri judges or the fairness of their decisions. Missouri judges are doing their jobs, and they have fairly earned their reputation for fulfilling their constitutional responsibilities. An important role of each branch of government is to ensure that the public makes well informed decisions based on accurate information.
Inaccurate and misleading criticism of Missouri’s courts undermines the public’s confidence in the judiciary. It erodes the courts’ foundation of trust and integrity that has been built by handing millions of cases and hun-dreds of thousands of trials in the more than 150 years since Missouri became a state. The public may take the role of the judiciary for granted until they are seeking a solution to their problems, but they know they can rely on justice being fairly granted by Missouri courts.
It is unfortunate when someone says that Missouri courts will not follow our Constitution. Such a statement is entirely different from the normal criticism, political positioning and healthy tension that exists among the three branches of government. Each branch is co-equal and intended to exert a balancing influence over the other two. A healthy tension presumes a healthy respect. Inaccurate and misleading criticism weakens the integrity of our delicately balanced system of government. It presents a discouraging and false image of our state courts and misdirects our attention — away from the real challenges that confront us.
This proposed amendment is not a safeguard, ensuring that one branch of government doesn’t usurp the power of another. It is a bad idea with serious consequences.
On Tuesday, May 1, we should take time to celebrate our rule of law – but we should also realize that without vigilance our freedoms could be lost to something as mundane as petty partisan politics.
Missouri Press-Bar Commission Re-Elects Slate of Officers
During a conference call on January 25, members of the Missouri Press-Bar Commission unanimously re-elected Kansas City attorney John S. Black to a third one-year term as president of the commission.
Black, who served as president of The Missouri Bar in 1992-1993, is a partner with the firm of Shughart, Thomson & Kilroy, P.C. in Kansas City.
William L. Miller, editor and publisher of the Washington Missourian, was re-elected vice-president, with former Kansas City Municipal Judge Thomas E. Sims retained as secretary/treasurer. Missouri Bar Executive Director Keith A. Birkes will continue as assistant secretary/treasurer of the group.
The Missouri Press-Bar Commission’s membership is composed of members of the bench, bar, the print media and the electronic media. The group exists to encourage greater understanding and cooperation among the media, the bench and the bar, and works toward a better-informed public.
The commission publishes the News Reporter’s Handbook on Law and Courts, a comprehensive guide that is a fixture in newsrooms around the state. That publication was recently updated by Daniel G. Curry, a former journalist who is now a practicing lawyer. The 2006 revision of the handbook is available free of charge from The Missouri Bar. Simply call 573-638-2251 or e-mail jack.wax@mobar.org for your copy. A copy of the handbook is also available online at www.mobar.org.