The Unbearable Offense of Being a Public Defender

In the election contest for a Iowa state legislative seat in District 94, Democratic Rep. Kurt Swain was coasting to re-election on the merits of his positions. Then the Iowa State Republican Party stepped in, sending out a mailing to residents of the district. Christopher Rants, Republican Speaker of the Iowa House of Representatives, supported the mailing, explaining that:

Republicans are not going to be punching bags…. I understand that some people don’t like that piece. It makes them uncomfortable. Unfortunately, Kurt has done some things his constituents ought to know about.

What has Kurt Swain done that his constituents ought to know about? What has he done that is “unfortunate,” that is to the Republicans a reason to vote against him? What is his offense, according to the Iowa Republican Party?

What is wrong with Kurt Swain in the Republican Party’s eyes?

He worked as a public defender.

As it was explained to me in high school civics class, one of the things that made America a great country was that, unlike godforsaken Russia, we were a nation of laws and rights. After centuries of regimes with kangaroo courts and government prosecutors who could arrange conviction on the basis of secret evidence, after centuries in which only the well-connected and rich accused could advocate in their defense, the United States of America devised a legal system based upon two principles:

1. The accused is innocent until proven guilty.
2. Every person accused of a crime has the right to a fair trial, guaranteed by a lawyer’s representation.

That is the law of the land, and it is designed to prevent the abuse of government authority and the miscarriage of justice. For those who believe in these principles, it is a high honor to participate in the legal system that carries the principles out. The positions of judge, jury member, prosecutor and public defender each play a part in the American system of justice. If you believe in the principles of American justice, each of those postitions is worthy of deep respect.

The Iowa Republican party considers it so dishonorable, so disreputable, so disgraceful for a person to have served as a public defendant that it sent out a mailing to Iowa citizens calling for Swain’s removal from office on the grounds that he occupied that job. By showing such disrespect for the people who ensure the rights of the accused are respected, the Iowa Republican Party has demonstrated its disrespect for the very idea that people accused of a crime are innocent until proven guilty, and that they deserve a fair trial.

How thoroughly Soviet of the Republican Party. How thoroughly shameful. How thoroughly unAmerican.

There are good Republicans in America. Kurt Swain’s Republican opponent in the race, Kevin Wiskus, not only sent an immediate letter of apology, not only chastised the Iowa Republican Party for their unsolicited and unsolicitous conduct, but was so horrified by the behavior of the Iowa Republican Party that he declared his withdrawal from it. Wiskus wrote:

I do want to serve as state representative from this district, but not under these conditions. As of today, I am disavowing any allegiance to the Republican Party of Iowa and declare myself an independent.

As the Republican Party moves to reject American values of justice, good people are leaving the Republican Party. Kurt Swain is projected to win re-election.

This entry was posted in Election 2006, Ethics, Liberty, Moral Values, Politics, Republicans, State and Local. Bookmark the permalink.

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