WELCOME to the debut of “The Truth Is!”, a blog of reporting and commentary that aims to be informative, thoughtful and provocative. At least initially, the blog will have a strong heartland flavor by virtue of the connection of a number of us to Cowles family journalism. I am former editor of the Des Moines Register’s opinion pages. Another contributor, Michael Gartner, is former editor of the paper; he later served as president of NBC News. Another former Register editor who has agreed to contribute, Geneva Overholser, is director of the University of Southern California’s Annenberg school of journalism. Followers of the blog will have access also to the work of Herbert Strentz of Des Moines, a close Register and other newspaper watcher who once headed Drake University’s journalism school. Bill Leonard, a longtime Register editorial writer, will add insights.

“The Truth Is!” will be supervised by my daughter, Marcia Wolff, a communications lawyer for 20 years with Arnold and Porter (Washington, D.C.). Invaluable technical assistance in assembling and maintaining the blog is provided by my grandsons Julian Cranberg, a college first-year, and Daniel Wolff, a high school senior.

If you detect a whiff of nepotism in this operation, so be it. All of it is strictly a labor of love. —Gil Cranberg

Tuesday, September 3, 2013

Gilbert Cranberg: A CHALLENGE TO MISSOURI BAR

Have Republicans lost their collective minds? It’s a fair question in light of Missouri’s embrace of “nullification,” the loony legal theory that says states can refuse to obey federal laws they dislike. Courts have rejected the theory wherever it’s been tested.

Missouri is trying for now to get away with nullifying federal firearms laws. In the unlikely event it succeeds, it will be a crime to enforce federal gun laws in the state. Federal agents even could be sued for doing their jobs in Missouri. Missouri Republicans in both Houses of the Legislature backed nullification almost unanimously.

Will the state’s lawyers? Judges in Missouri would be within their rights to discipline any lawyer who clutters the courts with discredited and untenable legal arguments. The judiciary should let it be known that while the legislature endorses nullification, respect for precedent requires the courts even to consider disciplinary action against lawyers who raise frivolous arguments that have no chance of success.

The Missouri bar, in fact, should refrain from defending any of its members disciplined for advocating nullification within earshot of a courtroom. This would be consistent with the Missouri Rules of Professional Conduct, which prohibit lawyers in the state from bringing or defending frivolous proceedings. 

It’s one thing to babble nonsense on a soapbox or in a state legislature. It’s altogether different to put nonsense in a statute and expect the state’s bar to cite it. The Missouri bar should announce that it will back any of its members who declare their refusal to have anything to do with nullification and it should denounce lawmakers for making a mockery of their responsibilities.

No comments: