Official Publication of the Minnesota State Bar Association


Vol. 61, No. 8 | September 2004
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Civil Politics: A Civic Responsibility
By David Stowman

This is an election year, complete with negative campaigns and attack ads.  If you are discouraged, please take heart as there is an antidote. 

We are enveloped by childish demagoguery.  The political equivalent of the World Wrestling Federation permeates the airwaves.  “Food fights” blare daily on cable news.  Guests representing two differing points of view, usually defined as liberal and conservative and limited to two so as not to confuse the audience, trade sound bites and insults.  The verbal pugilists screech at each other, yelling, “Liar, liar” and the host, in turn, demands that the guests “Shut up”.  There is limited educational value, as the intelligent discussion of competing ideas is subordinated to the theatrics of Barnum and Bailey.  However, everyone gets to reaffirm their prejudices, which further polarizes the discussion.

Negative partisan political attack ads are the ultimate polarizing tool.  Stereotyping and using half-truths and innuendo to demonize one’s opponent provides short-term political gain.  Presidential campaigns are some of the more egregious offenders.  Those holding or seeking the highest office in the land set the standard for civility and good manners with 60-second spots.  The bar is low. 

Minnesota’s political culture follows the national trend.  The most recent legislative session will go down in history as one of the most politicized and polarized.  The Democrat-controlled Senate and the Republican-controlled House were at odds with one another and agreed on few issues other than a dove-hunting season.  The session ended without action on the state budget and a special session failed to materialize because of lack of agreement on issues to be decided.

What difference does it make and why should our association become involved?  One needs only to look back over the last few legislative sessions to understand the tremendous impact the legislative process has on our profession.  Budgetary constraints have increased pressure for adequate funding for legal services, the court system, and more recently, the public defender’s office.  The Legislature has power of the purse, and at times, it appears that the Court, an equal branch of government, is treated akin to a department for funding purposes.

Currently, Minnesota public defenders are experiencing a budgetary shortfall.  During recent belt-tightening, the Legislature assessed a modest copayment on indigent criminal defendants receiving legal services at taxpayer expense.  It was predicted that this fee would raise $7.6 million dollars.  Subsequently, that provision was found unconstitutional, and consequently, the public defenders face a budget deficit of similar amount. 

The solution is Draconian staff cuts with significant negative impact.  Already, individual public defenders are handling twice as many cases as recommended by ABA guidelines.  As a group, they are the largest user of the court system, handling approximately 175,000 cases per year.  A lay-off of 25 percent of the staff as proposed would result in an excessive caseload for attorneys, as well as delays for the court and prosecutors.  The bleak prospect is nearly intolerable.

Now the good news.  A laudable bipartisan initiative offered the Board of Public Defense a kind of iou with the promise of pushing for restored funding early next year.  The governor supports $7.6 million in stop-gap funding and the legislative leadership — Senators Dean Johnson, DFL, and Dick Day, Republican, and Representatives Steve Sviggum, Republican, and Matt Entenza, DFL, joined the governor in urging the Board to reconsider cutting the staff.  On the strength of those assurances, the Board agreed not to lay off staff at this time.  They will spend down their budget at a more rapid rate in anticipation of receiving funding sufficient to match the deficiency during the next legislative session.  The immediate crisis is averted.

Nothing compelled these leaders to take bold and courageous bipartisan action.  There is nothing in it for them.  Pledging monetary support for a system that defends individuals charged with criminal conduct is not a hot button voter-attracting proposal.  Lawyers appreciate the importance and impact of the public defenders on the people they represent and on the court’s case-processing ability, but indigent defendants who are directly benefited don’t storm the polls on Election Day.  This is simply the right thing to do and rising above the political fray is a noble act.

Bipartisan support for the measure is equally encouraging.  Without fanfare, but with quiet dignity, leaders from both major political parties pledged their support for fair administration of justice.

Just as unseemly conduct by those in government should be discouraged, positive conduct deserves encouragement.  Positive reinforcement is a powerful motivator.  Take a couple of minutes and thank these leaders for their support of the public defender system.  All that is necessary is a short “thank you” by email.  The following are the addresses needed: Gov. Tim Pawlentytim.pawlenty@state.mn.us; Sen. Dean Johnsonsen.dean.johnson@senate.mn; Sen. Dick Daysen.dick.day@senate.mn ; Rep. Steve Sviggumrep.steve.sviggum@house.mn; Rep. Matt Entenzarep.matt.entenza@house.mn.

Want to contribute in other ways that will accentuate the positive?  The Legislative Relations Committee chaired by John Dornik and formerly chaired by Sue Holden is developing a grass-roots network including attorney constituents from each legislative district.  The purpose is to educate legislators on issues important to the profession through contact with constituents they know and trust.  Join the effort by contacting the MSBA office or the committee chair directly.  Get acquainted with your legislator or the candidate seeking that office.  Take time to help their campaign, and in the event the contest becomes ugly, be prepared to go positive. 

Good government flourishes in a culture of civility; civility, like charity, begins at home.  Each of us needs to do our part in our own community. 


DAVID STOWMAN of Detroit Lakes is president of the MSBA, a certified civil trial specialist, and a top 100 SuperLawyer.  He concentrates his practice in products liability and personal injury law and related litigation.