OPINION: Law Day 2016
As many of you know, Law Day had its genesis in 1958 — as an occasion to celebrate our democratic society’s commitment to the rule of law. And every year since, the American Bar Association has selected a theme to set the agenda for events across the country. The theme this year is “Miranda: More Than Words,” commemorating the 50th anniversary of Miranda v. Arizona.
Now, this year, here at the Court of Appeals, our Law Day celebration has a special significance. We are paying special tribute to our late, great Chief Judge Judith S. Kaye, who probably loved Law Day more than anyone I can think of. She loved the pomp and ceremony and patriotism of the celebration. She personally planned each Law Day down to the smallest detail, from the color scheme and graphic design of the program, to who would be invited to sing “The Star-Spangled Banner” or “America the Beautiful.” And at Judge Kaye’s insistence, and weather permitting, Law Day was celebrated outside on the courthouse steps.
Every American is familiar with the words of Miranda — words intended to ensure that every person in police custody understands that he or she has the right to consult an attorney before speaking to the police, to have an attorney present during police questioning and to have an attorney appointed by the court if he or she cannot afford one. At the most basic level, the procedural protections of Miranda recognize that our system of justice cannot work as intended without lawyers to balance the scales of justice, particularly when the enormous power of the state is moved against the lone individual in our society.