president’s page | By Joseph G. Bisceglia The “Lawyer” Who Shot Liberty Valance From the old American West to Iraq we learn lessons on the critical role of lawyers in enforcing the rule of law.

lthough I am sure lawyers continued confidence in the system. open range. Unless the will of the people appreciate the true signifi- It would do us well as lawyers to was established through the law (legisla- cance of the rule of law, think about the important role we play. tive branch) and enforced to protect the even we need to be re- In a very real way, our day-to-day prac- rights of the farmers (judicial and execu- minded from time to time. tice strengthens and reinforces the rule of tive branches), the powerful and violent ALaw Day is an appropriate occasion for law and preserves order. would subvert the rule of law, and the that reminder. We administer the rule of law when wild west would not be tamed. The rule of law is the foundation of we represent clients in – or preside Small encroachments on the rule of freedom, democracy, security, and eco- as judges over – divorce cases, busi- law may not seem a threat. In times of nomic opportunity. There is no one sim- ness disputes, tort claims, criminal cases, war and national emergency, citizens may ple definition of the rule of law. It is and the myriad of other matters that put up with the minor suspension of well- an expansive concept with a number of come through the court system each day. established rules of law. But the real dan- attributes. These proceedings are central to our sys- ger in doing that is not just theoretical. It In general, however, it refers to a sys- tem of non-violent resolution of tem of government with a strong and disputes and promote stability, accessible legal process based on fair, peace, and tranquility. broadly known and understood, and The classic John Ford movie stable laws, along with diverse, com- The Man Who Shot Liberty Va- ur loyalty belongs as much to petent, and independent lawyers and lance is an entertaining lesson the rule of law as to our clients. judges to administer them. The laws on the importance of the rule of O must be enacted, administered, and en- law. The film, selected for pres- forced through a process that ensures ac- ervation in the United States Na- cessibility and fairness. tional Film Registry by the Li- The rule of law provides a mechanism brary of Congress, stars Jimmy Stewart provides precedent for the abuse of power for enforcing rules of conduct, redressing and John Wayne. under less compelling circumstances. grievances, and resolving disputes. This Jimmy Stewart plays lawyer Ransom The rule of law can be fragile. It is enables a society to protect its citizens so Stoddard, an easterner who goes west to a short step from merely criticizing the they can live freely and prosper. start a practice. When he arrives in the fic- fairness of the system of justice to a re- It also ensures that the government tional town of Shinbone in an unnamed trenched belief that it does not work and is accountable, restricts its interference territory on the verge of statehood, he cannot be fixed. When that occurs, radi- with the rights of individuals except as finds the absence of the rule of law. cal things happen, and the stability of a necessary for the greater good, and pro- A violent hired gun named Liberty Va- country is jeopardized. vides for peaceful transition of govern- lance (Lee Marvin) and his gang of hench- The situation in Iraq is a vivid lesson. ment power. It prohibits the imposition men is terrorizing Shinbone and threaten- Until some credible rule of law is estab- of ad hoc rules at the whim of a leader ing violence to homesteaders who want lished and administered in a way that and assures a government of laws, not to farm the open range. Law enforcement makes Iraqi citizens believe it is fair and men. Rights and freedoms are difficult or (Sheriff Link Appleyard, played by Andy accessible, there will be no stability and impossible to achieve without the funda- Devine) is inept and ineffectual. Sadly, as peace. Military or mob rule will persist. mental stability of the rule of law. a last resort to preserve the peace, law- So let there be no doubt in your mind Despite frequent criticism of our jus- yer Stoddard must “take the law into his about the great importance of what we tice system, most Americans believe that own hands” and resort to violence in an do. The rule of law is not just an ab- it works in most cases. They are able to effort to rid the town of Valance. stract concept. Without us and our legal redress their grievances and resolve their The movie is a great civics lesson on system, all of the other rights and oppor- disputes in a fair and impartial way. the importance of the rule of law, as tunities in our country could not exist. If that confidence in our legal system well as the separation of powers and Take pride in that. And remember that were ever truly shaken, the result would the role of a free press in a democratic our loyalty belongs as much to that im- be devastating. It could lead to the use of society. In order for the west, and Shin- portant system of justice, and to the rule force to achieve goals and the less-than- bone, to prosper and guarantee the pur- of law, as it does to the clients we rep- orderly transition of government power. suit of happiness to its citizens, the rule resent. That is why we have a duty as lawyers of law had to be imposed. The ranchers And by the way, the lawyer did not not just to represent our clients, but also resorted to violence to intimidate farm- actually shoot Liberty Valance – John to maintain the integrity of and assure ers who wanted to curtail the cattlemen’s Wayne did. ■

228 | illinois Bar Journal | may 2008 | VOL. 96