Social justice

Forty years ago today I walked into a courtroom in Upper Marlboro, Maryland with my mentor, Alan J. Goldstein. I had just gotten back from my honeymoon in the Greek Islands, completely jet lagged and sat down at counsel table. Our client was charged with conspiracy to commit murder. Alan, who had a wicked sense of humor, and knew my condition, stood up and said, “It is my privilege to introduce to the Court Leonard Stamm, the Court knows him as he clerked across the hall last year. He is now an associate in my firm, and he is going to argue today’s motions!” And he sat down. And everyone looked at me and Alan said “Get up.” Then the judge and prosecutor motioned and said “Get up, get up.” I was shocked. I knew nothing about the motions. I slowly started to rise not knowing what I was going to say when the courtroom exploded into laughter and I sat back down.

In the 40 years since I have learned to respect the rule of law and to practice civility towards clients, witnesses, adversaries, colleagues, jurors and judges. I have been blessed to have seen firsthand how critical these two things, respect for the rule of law and civility, are to our society being able to function as a representative democracy, and the checks and balances that give power to the people are to the preservation of our way of life. I have seen that it is possible to zealously represent the interests of my clients, while still having respect for prosecutors, judges and police officers. It is not only possible, but necessary, to be able to disagree without being disagreeable. The ability to compromise to settle disputes and to go to trial are hallmarks of our criminal justice system, in order to achieve the goal of treating everyone fairly, and with dignity and respect to achieve a just result.

In the presidential election this year, unlike any other year, respect for the rule of law and civility have been challenged like never before. We have witnessed the take over of one political party by a presidential candidate who has no respect for the rule of law and constantly demeans and insults anyone and everyone he disagrees with, the press, scientists, doctors, politicians, veterans, civil servants, judges, prosecutors, and women in the most vile and pernicious ways. He has been convicted of fraud, and judged liable for sexual assault. He is ignorant of many of the issues needed to run a country, and lacks the decency and empathy needed, but could care less. It seems as if cruelty is the message. He has copied Stalin, calling the press “the enemy of the people.” And he has copied Hitler, calling immigrants “vermin.” His lunatic rants remain unchallenged and unnoticed by the mainstream media. He has done something in politics that cannot be done successfully in court, he has routinely attempted to change the facts and evidence, and he has lied and doubled down on his firehose of lies to a breathtaking degree. More frightening is the acquiescence and support of party leaders and judges who bend the knee, and repeat the lies, afraid or unwilling to tell the truth. Shockingly, he may win in November, even after having incited a mob to attack the Congress and threaten the lives of the Vice President and Speaker of the House in support of the Big Lie that he won the election he fairly lost, setting back years of progress making this a more perfect union. Ben Franklin said “It’s a Republic, if you can keep it.” I hope we can.

On July 1, 2023, recreational marijuana became legal in Maryland. Adults over 21 years old are permitted to possess up to 1.5 ounces of marijuana and also to possess two pot plants. (Two plants is also the limit per household). With these changes it is important to remember that driving while impaired by marijuana is still a crime and a person who refuses a breathalyzer or after being examined by a so-called “drug recognition expert” refuses a blood test, can have his or her driver’s license suspended.

These drug recognition experts can be challenged on the ground that their testimony is insufficiently reliable to be considered by a court. As noted in an op-ed by Regi Taylor in the Baltimore Times on July 1,

Greenbelt-based attorney, Lenny Stamm, takes issue with the “scientific reliability” of methods used to identify suspected impaired drivers, particularly “assessments conducted by the state’s Drug Recognition Experts.” Stamm is an author and recognized national authority in his field, conducting seminars and lecturing widely on the DUI topic.