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RESPECT FOR THE LAW

By: Guy O. Kornblum, Certified Civil Trial Advocate, National Board of Trial Advocacy and Member, Million Dollar Advocates Forum

The legal system, lawyers, and those who work in it, including law enforcement officers have been under considerable criticism these past several years. The most recent example may be the problems confronting the San Francisco Police Department involving officers who allegedly attacked local citizens while on Union Street. While there certainly have been instances of wrongful conduct by those who work within our legal system, there are many who are dedicated to serving the public in their capacity as private or public lawyers or law enforcement officers.

This is personal topic with me since I have been a practicing trial lawyer for nearly 37 years, 36 of it in San Francisco. While I work primarily in the civil side (i.e. cases involving private citizens and businesses), I have had some experience with the criminal justice system as well. But more recently, I have had a new view of our system of law enforcement which made me think about our legal system and the challenges it faces in today’s world, and the role of our law enforcement officers.

In the middle of last December, my wife, son and I were privileged to attend the graduation of our daughter from the Regional Law Enforcement Training Center run by the Contra Costa County Office of the Sheriff, and her swearing in as a Deputy Sheriff in Contra Costa County, where she is now serving. This was an especially proud moment for us as we witnessed our oldest child, now 24, dedicate herself to public service and law enforcement.

The ceremony was full of pride and a wonderful sprit. Behind the seats where the new officers sat during the ceremony was a huge American flag, with its 5 rows of 6 stars and 4 rows of 5 each, and 13 alternating red and white stripes. It was a scene reminiscent from the movie “Patton.” A bugler called the class to order. A former Marine, now a new Deputy Sheriff, commanded the troops as they marched to their seats.

Sheriff Warren E. Rupf gave a brief but poignant speech to the new deputies and the several hundred in attendance. He stressed the teamwork, commitment and dedication of his new deputies, which they had demonstrated in their nearly six months of training and congratulated the 37 who had made it from an original group of over 50. He told them they were not separate from but a part of and an extension of their community, and said that sometimes they had to stand between that community and those who would try to harm the citizens of that community. He delivered a message of what was expected of them. While we know that they are only human, you had the feeling listening to Sheriff Rupf speak that this was indeed a special group, dedicated, loyal and ready to defend the peace and protect against those who would challenge the laws that we are to follow.

Recently the United States Court of Appeals for the Ninth Circuit – the federal appellate court immediately below the United States Supreme Court – issued an opinion essentially allowing government to restrict the right of citizens to keep guns. The Court said that the Second Amendment was not to be read so broadly so as to empower citizens to possess weapons without restrictions, and that the government can impose certain limitations on who can purchase and possess guns, and what kinds of weapons can be kept by citizens. It pointed to the language of the Second Amendment that referred to bearing arms for purposes of maintaining a militia, which of course, includes our police and National Guard forces. Thus the emphasis is on law enforcement as these means of protecting the peace, which places even greater burdens on the ability of law enforcement agencies to keep us safe.

As we face the New Year, we must realize that keeping the peace may be even more difficult. Terrorists have struck fear in all our hearts. All around us we see evidence of the impact “9/ll” has had: increased security in public buildings, airport screening systems that are more comprehensive, a new federal Cabinet level division of our executive branch of the federal government known as Homeland Security, and simply more emphasis on being watchful. With the threat of terrorism, there is even more pressure on our law enforcement agencies to protect us. There are more laws to follow designed to make us as safe as possible.

Thankfully, our American System of Justice is there. It will work for us. It provides for the judicial and executive branches of our government to work towards maintaining and enforcing our laws. Our government of laws not men has stood the test of time. If we have more of the type of law enforcement officers I saw at my daughter’s graduation ceremony, I have no doubt that we will win overall in the immediate battles against those who threaten the peace and security of our lives, both here and abroad.

These men and women have sworn to carry out their own “Law Enforcement Code of Ethics,” which reads in part: “I recognize the badge of office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession . . . law enforcement.” I bet they will.

Happy New Year, and ....stay safe!

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