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Helena Faulkner
Jeffrey S. Garon
Lee Haidusek
John G. Jasuta
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Angela J. Moore
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David A. Schulman
Kevin P. Yeary
Editor-in-Chief: John G. Jasuta
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Volume 21, Number 27 ~ Monday, July 8, 2013 (No. 968)
Featured Article
Reading the Declaration of Independence
© 2013 - David A. Schulman
RETURN TO TABLE OF CONTENTS
Troy McKinney Reading in Houston 2010
Three years ago, Houston criminal defense
attorney Rob Fickman started what has become a
national movement to bring attention to the Declaration
of Independence and its importance to the nation’s
foundation. Note to Judges and Prosecutors - that this
article focuses solely on the efforts of criminal defense
lawyers should not be taken as a slight. I know there
were judges who participated in these readings, but all
of the readings were organized by criminal defense
lawyers.
In July 2010, about of 15 or 20 Harris County criminal defense lawyers gathered in front
of the courthouse and read the Declaration of Independence. In the July 2011 edition of
TCDLA’s Voice for the Defense, Rob wrote:
As we read the Declaration aloud, I think we were all a little surprised at our own reactions. We
were stirred. This was not just some reading of a historic document; this was a public declaration
of our own opposition to tyranny. One after another, our voices grew louder and read with more
passion. Everything we stood for, everything we fought for, came out in the few minutes we
stood reading together. Not a one of us had foreseen the visceral reaction we would have. Yet
immediately we recognized that we had experienced something unique. Individually and as a
group the public reading had empowered us. In reading the Declaration on the steps of the
Courthouse, we invoked the spirit of our Founding Fathers and sent a public message to all that
we were united in our fight for liberty and against tyranny. We sent a clear message to the
courthouse powers that our fight against tyranny did not stop at the door to the courthouse.
David A. Schulman, one of the founders of TIBA, has been a co-author of
this report for many years. He was a member of the Court of Criminal
Appeals' staff in 1991-1993, and has been lead counsel in hundreds of
direct appeals and habeas corpus proceedings. David reviews every
published criminal case from the Court of Criminal Appeals and every
Court of Appeals on a daily basis. He has been Board Certified in
Criminal Law since 1991 and was one of the first attorneys to become
Board Certified in both Criminal Law and Criminal Appellate law. See
his website at www.davidschulman.com.
TIBA’s Texas Law Reporter - Vol. 21, No. 27 - July 8, 2013 - Page 1
The next year, there were 24 readings by TCDLA members across Texas. Additionally, what
Rob and his friend started in Houston, spread across the country in the “First Annual Criminal
Defense Bar’s National Reading of the Declaration of Independence.” Defense lawyers held
readings in Alabama, Arkansas, Michigan, California, Colorado, Georgia, Kansas, Mississippi,
New Mexico, South Carolina, Utah, and Washington D.C. Gary Trichter even organized a
reading among cowboys in South Dakota.
Earlier this summer, Rob started a campaign
to have readings in 50 Texas cities. Many responded
and the list of cities began to fill up. Knowing that
my home town (Austin) would be well covered, I
volunteered to take some lawyers to Lockhart
(Caldwell County), self-dubbed the “Barbeque Capital
of Texas.”
Our effort wasn’t that big, only five of us (Elsie
Craven, Walter Prentice, John Jasuta, Richard
Segura, and me) ended making the trip. We did,
Caldwell County
however, hand out all of our copies (plus all the
extras we brought) of the Declaration to customers at Black’s Barbeque Restaurant, where we
went immediately after the reading.
Brenham attorney, Mary Jo Holloway, reported that she
read the Declaration at the Washington County Courthouse gazebo
with attorneys, Booker Hogan, Jonas Lacina, Johnnie Lacina,
Catherine Kenjura, and Mary Jo Holloway. She said there was
small group of bystanders,
as the newspaper did not get our press release out in time. But
one District Judge came after I frantically informed all in the
courthouse. Two of my grandsons decorated the lawn. Jonas
[Lacina] brought his microphone and speakers so we could
compete against the motorcycles/cars--they seem to appear
and get louder every year!”
Washington County
Landon Thompson, a defense lawyer from Cisco, wrote that
“In Eastland today we had myself, Robert McCleskey, and
Courtney Hansen as attorney-readers. Small PA system worked great, and had 12-15 observers
plus local paper reporter recording. Crowd was about half courthouse personnel, have other
community members. Already looking forward to next year.”
TIBA’s Texas Law Reporter - Vol. 21, No. 27 - July 8, 2013 - Page 2
El Paso attorney, Jim Darnell, has indicated that Liz Rogers,
the Federal Public Defender, in Alpine, organized a reading in
Brewster County. Similarly, Danna Mayhall, defense lawyer from
Athens, reported that there was a reading there in Henderson
County. Perhaps the most unusual report came from defense
lawyer, Pamela Fernandez, of Watauga. She wrote that, while
in Gulf Shores, Alabama for my son's baseball tournament (the
USSSA World Series!), I stood up in the stands and read the
Declaration. As I read it, a crowd gathered around the stands
and I felt so proud. When I finished I looked up to find that the
2 games next to and behind us had stopped playing and their
coaches had the boys lined up against the fences. I received
applause and many bystanders admitted they have never read
the Declaration through.
Brewster County
From Huntsville, defense lawyer Dave
O’Neil, wrote about their third annual reading of
the Declaration of Independence, which took place
on July 3rd (as did most readings) on the gazebo
in front of the Walker County Courthouse. Dave
indicated that,
Walker County
TCDLA members William Savoie,
Barbara Law, Thomas Brewer, Tracy
Sorensen, Temple Ramming, and I did
readings. We were joined by a County
Judge, Mayor, former Mayor, City Council
members, and local citizens. There were
about two dozen present, many of whom
were also given an opportunity to read.”
Readings were scheduled in 54 Texas cities:
Abilene, Alice, Amarillo, Athens, Austin, Bandera,
Beaumont, Big Bend, Boerne, Brenham,
Brownsville, Bryan/College Station, Burnett,
Conroe, Comanche, Corpus Christi, Corsicana,
Dallas, Anderson, Del Rio, Denton, El Paso,
Eastland, Fort Worth, Fredricksburg, Galveston,
Georgetown, Hillsboro, Houston,
Huntsville,
Montgomery County
Montgomery County
Kerrville, Linden, Livingston, Lockhart, Longview,
Lubbock, McKinney, Nacogdoches, New Boston, New Braunfels, Paris,
San Angelo, San Antonio, San Marcus, Seguin, Sweetwater, Tyler, Uvalde, Vanderpool,
Victoria, Waco, Waxahachie, Wharton, and Wichita Falls.
TIBA’s Texas Law Reporter - Vol. 21, No. 27 - July 8, 2013 - Page 3
From Atlanta (Texas, that is), criminal defense lawyer, Bart Craytor, advised that the
Declaration was read in Linden, Texas (Cass County Courthouse) and New Boston, Texas
(Bowie County Courthouse).
From Lubbock, frequent contributor, Chuck Lanehart, has reported that, “The Lubbock
Criminal Defense Lawyers annual reading of the Declaration of Independence this morning on
the courthouse steps was inspirational, as always.” As a former member of the TCDLA, I am
not surprised by their spirit. A skilled photographer and former journalist, Chuck has provided
an album of photos of the Lubbock event.
Lubbock County
As you can see from this week’s cover, the defense lawyers’ efforts in Sweetwater made front
page news on the “Sweetwater Reporter.” Before a crowd of about 25 residents of Sweetwater
and Nolan County, including several veterans of the military and State District Judge Glen
Harrison, local criminal defense lawyers Trey Keith, Chris Hartman and John Young read the
TIBA’s Texas Law Reporter - Vol. 21, No. 27 - July 8, 2013 - Page 4
entire Declaration of Independence on the courthouse
steps Thursday before the Annual Independence Day
parade. TIBA member, John Young, has indicated
that he gave out copies of the Declaration of
Independence and Constitution ordered from the Cato
Institute, but, “was a couple short.” A local physician
and his children followed him back to his office where
Nolan County
he was able to provide each of the boys with their own
copy of the documents. The reporter who wrote the
story promised to bring her son by next John’s office week for his copy.
The newspaper also reported that John stated:
The Declaration of Independence is the foundation of principle upon which our individual
liberties as Americans are based. This Declaration, written and adopted 237 years ago today,
requires participation in our society by all Americans and reminds us that today, as in 1776, all
government, local, state and federal, derives its power and authority from the people of this
Nation; or as the Declaration states, “with the consent of the people.”
Defense lawyer Trey Keith added, “It is our responsibility as a
society, as a nation, to protect and defend our freedom and liberty.”
Around the country, one can easily find on-line articles on
local readings of the Declaration of Independence by criminal
defense lawyers, which are directly attributable to Rob Fickman’s
efforts.
Nolan County
The El Paso Times reports that, on the 4th, “A group of El
Paso lawyers stand shoulder-to-shoulder outside the County
Courthouse to recite the Declaration of Independence Wednesday in honor of Independence Day
Thursday.”1 The Times’ article advised its readers that the reading,
was in keeping with a tradition started a few years ago by criminal defense attorney Robb
Fickman in Houston, said Darnell, who organized the local reading for the second consecutive
year. The event took place in 52 Counties in Texas. Each lawyer read a portion of the declaration
with all of them reciting the final portion in unison.
The on-line paper, LSJ.com, a Gannett company, wrote about six defense lawyers reading
the Declaration on the steps of the capitol in Michigan, “as a small group of passers-by stopped
1
See the Times’ video: “El Paso lawyers recite Declaration of Independence,” with article by Rudy
Gutierrez.
TIBA’s Texas Law Reporter - Vol. 21, No. 27 - July 8, 2013 - Page 5
to listen.”2 Saying that, for the attorneys, “numbers weren’t what mattered Tuesday morning,”
the article quoted attorney Mike Nichols, as stating, “I think it is important for us to do it even
if no one was here to listen.”
The ABA Journal, in its article, “Lawyers Commemorate July 4 Holiday with Courthouse
Readings of Declaration of Independence,” announced:
Defense attorney Robert Fickman organized the
readings, which the newspaper said also
occurred in Alabama, Arkansas, California,
Colorado, the District of Columbia, Georgia,
Kansas, Michigan, Mississippi, New Mexico,
South Carolina and Utah. Fickman told the
newspaper he got the idea from a family custom
of having his children read the first and last page
of the Declaration of Independence before
diving into the barbecued food.
Why do we read the Declaration in this fashion? As
Bobby Mims of Tyler, Texas, President of TCDLA
stated when endorsing the efforts of criminal defense lawyers:
State Capital - Michigan
The Declaration of Independence was the spark that ignited the flame of Democracy that has
spread across the world. It is fitting that Americans take a few minutes to remember and be
reminded of the principles that made America unique among nations in 1776. The criminal
defense lawyers of Texas defend these principles daily in the courts of Texas. The annual
reading of the Declaration is an important reminder to our fellow citizens of these cherished
principles.
Former TCDLA President, Gary Trichter has stated:
“We want to honor our country’s founders, as well as our
past and present military personnel by reciting the
document that embodies our values. Further, we hope to
demonstrate our patriotism, and raise awareness to the
citizens of this country that they need to remain ever
vigilant in the protection of our liberties.”
To me it’s simple. To me, reading the Declaration of
Independence is much more important than the mindless
readings of the Pledge of Allegiance which I was made to recite
nearly every school day in life. Reading the Declaration has
real meaning for me.
Supreme Court of the United States
2
See “Attorneys put focus on nation's beginning - Six lawyers read Declaration of Independence on
Capitol steps.”
TIBA’s Texas Law Reporter - Vol. 21, No. 27 - July 8, 2013 - Page 6
On July 4, 1776, fifty-six men signed our Declaration of Indecence, pledging their “our
lives, our fortunes, and our sacred honor.” Of the 56 men, twenty-four were lawyers and jurists
-- our ancestors, in a manner of thinking.
When you stand in front of a courthouse with your brothers and sisters and read the
Declaration aloud, regardless of whether there is a crowd or news reporters present, you can get
a real sense of the importance of the words these men put to parchment in 1776.
All of us has seen John Hancock’s
famous signature on the Declaration.
Hancock's large, flamboyant signature
became iconic, and “John Hancock” is
well known synonym for signature. It
has been reported that, when he affixed
the oversize signature, Hancock
commented that “the British ministry can
read that name without spectacles.” Another account states that, on signing, Hancock proudly
declared, “There! I guess King George will be able to read that!”
Whatever Mr. Hancock said, it is indicative of the importance of the Declaration. It’s one
thing to say something. It’s yet another to put it into writing. Each of the signers of the
Declaration did so knowing full well that the penalty would be death if they were captured.
We have no leaders like this today. In my memory, I’ve known of no political types who
would do or say anything that would intentionally put political careers in danger. Some have
done it accidentally, but none intentionally. I can recall no politician who intentionally took
action which put their lives on the line.
Nevertheless, despite, or because of all the political turmoil of late, I believe as strongly
as ever in the USA. I believe in our union and think that, while we're all different, most of us
believe that the most important part of that union is that we don't have to believe the same
thing. Given the differences we know existed amongst the “founding fathers,” I like to think
they believed the same way.
TIBA’s Texas Law Reporter - Vol. 21, No. 27 - July 8, 2013 - Page 7