Vol. 28, No. 3 #6 (June 2005). FROM THE PRESIDENT . . . Changes in Attitudes.

• Author: By Mark W Harris

Wyoming Bar Journal

2005.

Vol. 28, No. 3 #6 (June 2005).

FROM THE PRESIDENT . . . Changes in Attitudes

WYOMING LAWYERJune 2005/Vol. XXVIII, No. 3FROM THE PRESIDENT . . . Changes in AttitudesBy Mark W Harris

Maurice Blake stands as a picture in my mind that I shall never forget. "Mr. Blake," as all students of the Evanston Junior High School eighth grade civics class would respectfully refer to him, was one of the first, if not the first, mentors who instilled in my mind a basic principle of our government that since my eighth grade experience has been repeated several times: our government is based upon the separation of powers into three distinct, but equal, branches of the government - the Executive, the Legislative and the Judicial branches. The separation and sharing of powers by three different branches of government is a fundamental and central precept of the United States Constitution as well as the Wyoming Constitution. It is the lynchpin of our form of government. We, as lawyers, may take for granted the importance of the concept of an independent and equally empowered judiciary with the same standing as presidents, governors, Congress and legislatures.

Recently, the independence of our judiciary has been challenged and sharply criticized. Courts in Florida were particularly besieged by personal attacks on judges as a result of the unfortunate case of Terri Schiavo. On the national stage, the judiciary and the regulation of the practice of law have been the subject of bitter debate and frontal attacks by legislative leaders and the public. Particularly disturbing are provisions in federal legislation which would interfere with and encroach upon the confidential nature of the attorney/client privilege. Additionally, the constant political bickering concerning nomination and appointment of federal judges has diminished the public perception of the judiciary.

Criticism of any branch of government, including the judiciary, is to be expected. In fact, the freedom to question or criticize the government is one of the very bases upon which our country was founded. Healthy debate and questioning social and legal policy are healthy and promote change. However, recent events go far beyond criticism of the judiciary and constitute harmful personal attacks which threaten the physical safety and well being of members of the...