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NYLJ.COM | WEDNESDAY, MAY 1, 2013 | 9 ‘Realizing the Dream: Equality for All’ Explore the movement for civil and human rights; reflect on the work that remains. Marking 50 Years of ‘Gideon’ The Pursuit of Justice: A Constant Striving right to a lawyer to represent trial unless counsel is provided them, regardless of their ability for him,” id., had the humblest of to pay. The court wrote: beginnings. Clarence Earl Gideon From the very beginning, was a drifter and a gambler with Jonathan Lippman our state and national con- an 8th-grade education and a stitutions and laws have laid string of burglary convictions. He A. Gail Prudenti had been charged with committing Chief Judge great emphasis on procedural Chief Administrative Judge State of New York and substantive safeguards a felony by breaking and entering a designed to assure fair trials pool hall with the intent to commit New York State before impartial tribunals in petit larceny. His request to have Unified Court System his year on Law Day we cel- on Washington and Dr. Martin which every defendant stands a lawyer appointed to represent Tebrate the principle of equality Luther King Jr.’s world-changing equal before the law. This him at trial was denied, and he uman progress is neither King’s memorable words reso- under the law with the Law Day “I Have a Dream” speech. These noble ideal cannot be realized proceeded to represent himself. ‘Hautomatic nor inevitable…. nate more powerfully than ever theme of “Realizing the Dream: transforming words of two great if the poor man charged with He was convicted and sentenced Every step toward the goal of jus- and reinvigorate the judiciary’s Equality for All.” Equality and American heros continue to reso- crime has to face his accusers to five years in prison. The land- tice requires sacrifice, suffering, tireless pursuit of justice. For our equal justice are bedrock values nate today as we strive to protect without a lawyer to assist him. mark Supreme Court case that and struggle; the tireless exer- branch of government, the dream of the American legal system, the rights of all people in this would change criminal justice in tions and passionate concern of of “equality for all” translates and they are essential to the pro- country. Gideon v. Wainwright, 372 U.S. this country began with Gideon’s dedicated individuals.”—Rev. Dr. most tangibly to providing equal tection of our Constitutionally- It is also the 50th anniversary 335, 344 (1963) (emphasis added). five-page petition, written by hand Martin Luther King Jr. access to justice and promoting guaranteed liberties. Reflections of another milestone in the his- This powerful recognition of in pencil and mailed from the This year, as we commemorate fairness and diversity within the on equality are especially fitting tory of equal justice in the United the “obvious truth” that “in our Florida State Prison in Riaford, Fla. two historic milestones, the 150th court system. this year, the 150th anniversary States. On March 18, 1963, the U.S. adversary system of criminal The Supreme Court took the case, anniversary of the Emancipation We are committed, above all, of President Abraham Lincoln’s Supreme Court held in Gideon v. justice, any person haled into assigned the great Abe Fortas to Proclamation and the 50th anni- to ensuring that all people who Emancipation Proclamation and Wainright that criminal defendants court, who is too poor to hire a represent Gideon, and delivered a versary of the March on Wash- enter our courts are treated the 50th anniversary of the March in state or federal court have a lawyer, cannot be assured a fair ruling that fundamen- » Page 13 ington for Jobs and Freedom, fairly and receive » Page 13 Embody the Principles Look to Past Heroes Of Paul Robeson For Inspiration call, many making it their mis- respect for the rule of law is weak- sion to further the objective of ened as citizens see themselves an America where everyone is as outsiders, excluded and alien- treated equally. Paul Robeson Randall T. Eng ated from the central functioning Luis A. Gonzalez was one such individual. of the justice system. Diversity in Paul Robeson (1898-1976) was Presiding Justice the legal profession brings greater an African American singer and sensitivity to the particular legal Presiding Justice Appellate Division, actor who became involved in the problems faced by minorities and Appellate Division, Civil Rights movement after the Second Department broadens the ability of the pro- First Department Second World War. Despite facing fession to provide representation racism in every one of his life’s hrough its dedication to jus- fession of discrimination against to those communities that have his year’s Law Day topic, con- As Rev. Dr. Martin Luther King Jr. endeavors, he achieved extraor- Ttice and equality under the minorities, a sad legacy whose historically been underrepre- Tceived to celebrate the 150th stated: “Injustice anywhere is a dinary personal success, and he rule of law, the legal profession lingering effects can still be felt. sented. A diverse bar serves a Anniversary of the Emancipation threat to justice every where.” fought injustice beyond his per- has often served as a beacon It is a commonplace observa- representative function in our Proclamation, calls upon us to There have been many indi- sonal struggles, supporting other of change for the larger society. tion that no profession benefits democracy by ensuring that the reflect on the continuing need viduals who, through their life’s groups similarly oppressed. Robe- Unfortunately, the profession from diversity as much as the various branches of government to rectify injustice in our coun- work, have strived to make these son won an academic scholarship itself has sometimes reflected the legal profession. Inclusiveness reflect the community at large. In try, to eliminate discrimination, lofty ideals a reality. These indi- to Rutgers University (the third prejudices and injustices of the within the profession promotes this manner, diversity also serves and to cherish every individual’s viduals have risen to the chal- African American ever enrolled at society at large. Indeed, there is a public confidence in the law. a legitimatizing function by pro- basic human rights under the law. lenge—they have answered the the university), where » Page 14 long history within the legal pro- Without a diverse bench and bar, moting confidence in » Page 14 From Stonewall to ‘Stone Soup’: Recalling Proclamations Gay Rights in New York From the Oval Office outburst, leading to several days since our forefathers declared of violence known as the Stone- that “all men are created equal” wall riots.2 in the preamble to the Declaration In almost half of a century of Independence. Every president Karen K. Peters since the Stonewall riots, public Henry J. Scudder since Eisenhower has issued a policy in New York has evolved. proclamation on Law Day. Their Presiding Justice For example, in a landmark Presiding Justice words are worth recalling as we Appellate Division, case decided in the late 1980s, Appellate Division, reflect on the theme of Law Day Third Department New York recognized same-sex Fourth Department 2013. relationships.3 Since then, New Law Day is an opportunity to York has made steady progress celebrate what President Ronald through the following develop- resident Dwight D. Eisenhower tage of liberty, justice and equality Reagan referred to as “this Nation’s n honor of this year’s Law Day our attention. Indeed, New York ments in gay rights: (1) adoption, Pdesignated May 1 as Law Day, under law which our forefathers great Charters of Freedom”: the Itheme, “Realizing the Dream: has come a long way since that (2) laws enacted against discrimi- a day of national dedication to the bequeathed to us.” Declaration of Independence, the Equality for All,” many topics are historic night in June 1969 when nation, (3) recognition of same- principles of government under The theme of Law Day 2013, Constitution and the Bill of Rights. worthy of discussion. Yet, with the Stonewall Inn, a bar frequent- sex civil unions, (4) legalization law. Eisenhower chose the date “Realizing the Dream: Equality for In his 1983 Law Day proclamation, two significant cases address- ed by the gay community, was of same-sex marriage under the as a response to the May Day All,” is most appropriate. Equal- Reagan wrote: “These cherished ing same-sex marriage currently raided by police. In response, Marriage Equality Act and, most demonstrations in communist ity for all is the foundation upon documents bequeath to all Ameri- before the U.S. Supreme Court,1 the gay community and its sup- recently, (5) destigmatizing the nations, calling upon Americans which this nation was built—an cans the right to equal justice the topic of gay rights deserves porters engaged in a large public term “gay” or “homo- » Page 14 to “vigilantly guard the great heri- ideal Americans have strived for under law….” Those » Page 14 CIVIL RIGHTS activist Paul Robeson, center, leads picketers in front of the White House on June 2, 1948. The group was protesting against passage of the Mundt- Nixon bill, a proposed law that would have required all members of the Communist Party of the United States to register with the Attorney General. AP PHOTO 10 | WEDNESDAY, MAY 1, 2013 | Law Day | NYLJ.COM eral government to deny same-sex couples thousands of federal rights, Working Toward Fundamental Human, Civil Rights for All protections and benefits granted to other married couples, such as filing joint income tax returns, transfer- ring an estate to a spouse without the tremendous progress that we bisexual and transgender (LGBT) mittee on Human Trafficking will tax consequences and receiving have made as a society—progress people.

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