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The American Bar Association’s theme for Law Day 2011 is:
THE LEGACY OF JOHN ADAMS
– From Boston to Guantanamo
The emphasis of Law Day 2011 is on the American principles – fiercely advocated by John Adams – that America is a nation of laws, not men, and criminal defendants deserve due process and legal representation, whether or not they can afford an attorney.
The Nevada Supreme Court embraced those principles when it created the Indigent Defense Commission to examine how legal services are provided for those without the means to provide for their own defenses.
The principles are also evident in the work of the Nevada Supreme Court’s Access to Justice Commission, which works to improve access to civil justice in Nevada through such means as improving self-help services and opportunities for litigants who represent themselves.
Nationally, the issue is particularly relevant because of the announcement in March 2011 that Military Tribunals will again be held in Guantanamo, Cuba, for prisoners captured in the Iraq-Afghanistan Wars. Most have been held for years without an opportunity to seek relief from a court of law.
John Adams was a resistance leader and patriot, advocate and diplomat, constitutional theorist and political activist, who became our nation's first lawyer-president in 1797. Just five years before the American Revolutionary War began he represented the British officer and soldiers charged with firing into a crowd of protestors and killing five civilians in the "Boston Massacre."
Already a prominent leader in the American colonial resistance to British parliamentary authority, Adams agreed to take on the cases and ably defended the accused at trial. His role in the 1770 Boston Massacre trials has come to be seen as an example of adherence to the rule of law and defense of the rights of the accused, even in cases when advocates may represent unpopular clients and become involved in matters that generate public controversy.
While the Boston Massacre case set the stage, there have been other noteworthy cases throughout American history.:
- The 1846 "insanity" defense of William Freeman by William Seward, later Lincoln's Secretary of State
- Sigmund Ziesler's and William Perkins Black's 1886 representation of the Haymarket 8 accused of killing a
Chicago police officer (marking its 125th anniversary in 2011)
- Samuel Leibowitz's 1930s defense of nine black Alabama teenagers, the Scottsboro Boys, accused of rape
- The representation by Michael Tigar and Brian Hermanson of Terry Nichols in the 1995 Oklahoma City bombing case
- Contemporary efforts by lawyers to represent Guantanamo detainees in the global war on terrorism
It is important to recognize that the passage of time can bring historical and legal perspective to passions of the day.
The 2011 Law Day theme provides us with an opportunity to assess and celebrate the legacy of John Adams, explore the historical and contemporary role of lawyers in defending the rights of the accused, and renew our understanding of and appreciation for the fundamental principle of the rule of law.
LAW DAY HISTORY
1957 – American Bar Association President Charles S. Rhyne, a Washington, D.C., attorney, envisions a special national day for celebrating our legal system.
1958- President Dwight D. Eisenhower establishes Law Day as a day of national dedication to the principles of government under law.
1961 – May 1 is designated as the official date for celebrating Law Day by joint resolution of Congress.
2011 – The Nevada Supreme Court, the State Bar of Nevada, and the Clark and Washoe County Bar Associations designate that Law Day will extend throughout the month of May to provide ample time to celebrate the rule of law and honor the legacy of our nation’s first lawyer-president, John Adams.
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