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Our view: Due Process

Advocates on the courthouse lawn

Durango held its first ever public rally in support of National Law Day yesterday on the lawn of the La Plata County Courthouse. Organized by local attorney Brian Schowalter (also the author of the column below), more than two hundred citizens showed up with signs stating “Caution: Your rights at risk,” “Hands off the Judiciary,” and “Support the Rule of Law,” among others.

National Law Day originated with the American Bar Association in 1957 to promote respect for and understanding of the Rule of Law and the courts in a democratic republic such as the U.S. Republican Dwight D. Eisenhower established the day in 1958 and Congress codified it on May 1, 1961 to recognize the role of the legal system in safeguarding American freedoms, justice and equality.

Usually only recognized by bar associations, Schowalter said that he organized the rally “because the rule of law is facing unprecedented attacks from our President.”

Schowalter recited part of the 1st Amendment to the U.S. Constitution concerning the freedom of religion, speech, the press, assembly, and the right to petition the government. He followed with parts of the Fifth Amendment that safeguards individual rights in criminal proceedings, notably the Right to Due Process that ensures the government follows fair procedures as it concerns denying people of their life, liberty or property.

Due process applies to all people within the U.S., not just citizens, and is being brazenly ignored by this Republican administration.

Schowalter then invited all attorneys present – a dozen or so lined up – to recommit to and recite the Colorado Oath of Admission (something all new attorneys are required to do), the first line of which pledges to support the constitution of the United States and the Constitution of the State of Colorado.

Longtime U.S. Magistrate David West cited the stresses within the U.S. Constitution saying that the Rule of Law and democracy are very fragile. “Due Process boils down to fairness,” he said.

Former Rep. Barbara McLachlan, eight-year chair of the House Education Committee and staunch education advocate said, “Education is a right. Every student deserves access, to be treated fairly and equally.” The law guarantees that.

Attorney Leonard Davies said, “there can be no free society without laws administered by an independent judiciary. Without it, we descend into chaos then tyranny.”

Attorney Robert Dawes said that the Rule of Law applies at every level and the immigration system is no exception.

“Until Jan. 20, 2025, (when President Donald Trump swore ‘to preserve, protect and defend the Constitution of the U.S.’) our country operated under the Rule of Law and was respected globally,” said attorney Herb Bowman.

Bowman spent twenty years working in international development until the administration abruptly halted his USAID-funded program and he returned home earlier this year (Herald, Feb. 9).

Bowman pointed to Trump’s defiance of the U.S. Supreme Court’s order to return Kilmar Armando Abrego Garcia, the Maryland man married to an American woman, to the U.S. The administration previously admitted Abrego Garcia was wrongly deported (“kidnapped” in Bowman’s words) due to an administrative error. He now sits in limbo in an El Salvadoran prison.

Bowman encouraged the crowd to closely watch the Abrego Garcia case. If Trump continues to defy the orders of the Supreme Court, the Rule of Law, which is in grave danger now, could collapse. “If the Rule of Law is destroyed (with Abrego Garcia), it won’t be long before they come for us,” he said.

He also cautioned that many elected officials are remaining silent and doing nothing. He included Rep. Hurd in that sentiment (to the crowd’s applause) even though Hurd is among a handful of Republicans working to check Trump’s tariff power.

Davies urged the crowd to fight for the Rule of Law, in the courts, at the ballot box, and by exercising our right to free speech. “We must never give up,” he said. The Herald’s editorial board won’t either.