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RAY DALL'OSTO

Atticus Finch Was Wrong?

Well, the unrelenting swiftboating I previously decried in this column worked as intended in last Tuesday’s election for state Supreme Court justice. The lies and distortions of the third-party groups’ ads were compounded by television ads run directly by Judge Michael Gableman’s campaign that criticized Justice Louis Butler for doing his job to effectively represent his client, years ago back when he was a public defender. Judge Gableman defended these unfair distortions on Election Day, according to the Milwaukee Journal Sentinel, when he said “You don’t get a more stark contrast or clear contrast than that between a prosecutor and criminal defense attorney. Therefore, I don’t view it as a negative ad.”

The contrast is indeed stark, just like black and white. That was the clear import of the images of Justice Butler’s former client Reuben Mitchell, code for Butler being soft on crime, and don’t forget, both Mitchell and Butler are black too. That sadly still plays outside the bigger cities even forty years after Dr. King’s death.

The fact that Butler was a defense attorney doing his job when he represented Mr. Mitchell, and was not acting as a judge is beside the point. Muddy it up and see what sticks. It is about winning. Yes, the contrast is indeed stark, truth versus lies and distortions. And truth lost out big time in this week’s election.

Yes, Justice Butler was a defense attorney at one point in his career, which should disqualify him serving on the Supreme Court, according to Gableman, as criminal defense attorneys must be soft on crime. They actually defend people who are charged with crimes.

This kind of twisted view of our adversary justice system and downright demagoguery and distortion has demeaned all of our courts and justice system in this state. Judges should be fair and impartial, not the police choice versus those who defend criminals.

Atticus Finch was wrong for taking Tom Robinson’s rape case in To Kill A Mockingbird, according to Judge Gableman’s logic. Or if he did take the case, he should not have tried his best to defend his client. You know, just play along, we’ll give him a trial and then hang him. And if Atticus did his job, like every ethical lawyer should do, and didn’t just play along, watch out if he ever decided to run for judge, as he would have that fact distorted and thrown at him a hundred-fold.

Your logic means that Abraham Lincoln was wrong for defending criminal defendants. So too was Thurgood Marshall. So was Louis Butler. Well I don’t believe it, Judge Gableman. You may have fooled a majority of the people this time, but you can’t all of the time. I’ll stick by these good and honorable lawyers, Atticus Finch and the truth.

3 Comments on This Article

1
Given the destruction of the federal legal system by Bush, Rehnquist, Roberts and their ilk, through the use of lies, deceit and fraud, it's no surprise these techniques have made their way to Wisconsin. In August we will have two of the seven justices who won their seats by attacking lawyers - lawyers for the common people.

What should personal injury and criminal defense lawyers think when they appear before these justices who have professed a hatred for them? I think lawyers should fight back by shunning these justices. Do not invite them to any bar functions, do not talk to them, do write letters to the editor pointing out their hypocrisies and when they break the rules, as they already have, give them what conservatives always demand for the poor - the harshest punishment possible.

The federal supreme court is and has been a lost cause for 40 years. Now the Wisconsin Supreme Court has a cancer on it and it's growing. The problem is the elite want it that way. The elite have never wanted a fair court system and now they are close to having what they want. It's a dark day in Wisconsin. I say fight back by holding these right-wing fanatics to their own standards by exposing their frauds and deceptions and demanding long prison sentences for corporate criminals. No more free passes for drug addicts like William Rehnquist and Rush Limbaugh. It is time to get tough on crime - crimes committed by the elite with complicity from the judges they bought and paid for. No more Scooter Libby's - do the crime and serve the time. Otherwise, why bother, this government is more oppressive and unfair than that of King George III.

And lastly, race was a factor. No white judicial candidate has lost to any black candidate in Wisconsin history. That says a lot about the true feelings of people in Wisconsin - many of whom are closet-racists.
Comment By  Nick Zales
Saturday, April 5, 2008 at 10:18 AM

2
Dall'Osto's comments should be required reading for all lawyers. Well said.
Comment By  JW
Friday, April 4, 2008 at 1:07 PM
3
And you can bet that Gableman will claim that he was elected because the voters wanted a conservative on the court when, in fact, what they wanted was anyone on the bench other than "Loophole Louie" (a fictitious character created by Gableman and his allies). Maybe you can't fool all the people all the time, but Karl Rove and his followers have proven that you can fool enough of the people enough of the time.
Comment By  MYOB
Friday, April 4, 2008 at 12:21 PM

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