Total Credits: 3 including 3 Ethics
When Justice William O. Douglas retired from the United States Supreme Court in 1975, he had served for thirty-six years, longer than any other justice its history, and had helped to decide some of the most important cases in the nation’s history. He was an inveterate traveler, prolific writer, and popular speaker, who used his position to espouse his ideas on environmentalism and the Bill of Rights. His public visibility and open criticism won him friends in some places and more than a few enemies in the Congress and the White House, some of whom actively, though unsuccessfully, sought his impeachment.
Impeach Justice Douglas! explores some of the most explosive issues of William O. Douglas’s long tenure on the Supreme Court. He wrestles with balancing “wilderness mind” with the often-hostile adversarial conflicts created by his controversial opinions and his active public life. He addresses the issues about which he was most passionate . . . civil rights, freedom of speech, environmentalism, and the right of the individual to non-conformity and dissent . . . as he reflects on Brown v. The Board of Education, the “McCarthy Era,” and the Vietnam War. Although Douglas’ life spanned the early and middle part of the 20th century, the issues of his day remain major social and legal concerns of current times.
William O. Douglas left a legacy that calls for vigilance to protect human rights and action to protect the earth’s environment. The movie explores that legacy, provokes thought about our responsibilities as citizens, not only of the United States, but of the global community.
The goal of the program is to use the cases and causes in which Justice William O. Douglas was involved as a basis for attorneys today to facilitate discussion and explore specific rules of professional conduct in contemporary legal and judicial practice. The specific rules that might apply in these cases are included in the materials and attendees are asked to focus on the issues in the movie as they relate to the ABA Model Rules of Professional Conduct and the ABA Code of Judicial Conduct, as well as the Rules in their own jurisdictions. Interactivity is provided through a Chat Room with a Moderator in which all attendees can participate in a live discussion about ethical concerns and questions raised in the movie.
DOUGLAS CLE MATERIALS (Webcasts and VOD 2024) (862.1 KB) | 39 Pages | Available after Purchase |
GRAHAM THATCHER was the Artistic Director and primary performer for Periaktos Productions. Over his lifetime he performed in or directed over 250 community, university and professional theatre productions. He co-authored Clarence Darrow: Crimes, Causes and the Courtroom, Maxims, Monarchy and Sir Thomas More and Impeach Justice Douglas! and performed in the leading roles in those CLE Theatre programs. He also coauthored and directed Thurgood Marshall’s Coming!
Graham Thatcher also served as a workshop facilitator and consultant in communications and was the creator and facilitator of “Word of Mouth: A Workshop in the Art and Ethics of Oral Communication for Lawyers” and “The Art of the Law: A Workshop in Professionalism for Lawyers,” which he presented for numerous law schools and bar associations. He held a B.A. from San Francisco State University, an M.A. in Theatre from the University of South Dakota and a Ph.D. in Philosophy from the University of Minnesota.
He was listed in Who's Who in American Education and Outstanding American Educators and was a recipient of the Governor's Award from the Minnesota Council on Quality. Graham was named "National Presenter of the Year for 2006" by the New Mexico Bar Foundation and received the Rushmore Honors Award in the Arts from the Rapid City Area Chamber of Commerce in 2007.
He passed away in May of 2018, leaving a decades long legacy in both the performing arts and Continuing Legal Education.
JOHN S. DORSEY was born and raised in Redfield, South Dakota. He earned his B.A. and J.D. from at the University of South Dakota (Vermillion). His firm, Whiting, Hagg & Dorsey, LLP, serves clients from its location at “Old City Hall” in downtown Rapid City, SD. He is admitted to practice in all South Dakota courts, the Eighth Circuit Court of Appeals, and the United States Supreme Court. His practice focuses on helping those who have been wronged, harmed, or injured, including personal injury litigation, workers’ compensation claims, hearings, and appeals. John has appeared in courtrooms throughout the state, successfully litigating contract cases, will contests, exploitation of protected persons, breach of fiduciary duty, and others. He has defended criminal cases in both state and federal courts.
John is a member of the American Board of Trial Advocates (ABOTA), the American Association for Justice (AAJ), and the South Dakota Trial Lawyers. He has maintained his board certification in Civil Trial Law by the National Board of Trial Advocacy since 2000. In 2002, John received an “AV” rating from Martindale-Hubbell, affirming his high professional and ethical standards and his preeminent legal ability.
JAMES “JIM” FLEMING has almost 40 years of experience as a prosecutor and public defender. He served for eleven years as Chief Public Defender in Minnesota – in the 5th Judicial District (Mankato) from 2001 to 2007 and in the 2nd Judicial District (St. Paul) from 2016 to 2022. Prior to that he was a partner in Maschka, Riedy & Ries Law Firm for almost ten years with a focus on personal injury and criminal defense.
Now retired, his trial experience includes more than 100 trial-to-verdict jury cases. He was named Minnesota Attorney of the Year in 2012 and 2019 and was chosen as a Super Lawyer by Minnesota Law & Politics. Fleming is a certified Criminal Law Specialist and has taught trial advocacy in Minnesota and several other states.
He holds a B.B.A. from St. Norbert College (De Pere, WI) and a J.D. from William Mitchell School of Law (now Mitchell Hamline School of Law.) He is a member of the National Association of Criminal Defense Lawyers, Minnesota Association of Criminal Defense Lawyers, and Minnesota Association for Justice.
JEFFREY L. VIKEN (Moderator) is a former United States district judge of the United States District Court for the District of South Dakota. Born in Huron, South Dakota, Viken earned a B.A. and a J.D. from the University of South Dakota (Vermillion). He was admitted to the South Dakota bar under the diploma privilege, which, prior to 1983, allowed law graduates in the state to practice law without passing a bar exam.
From 1977 to 1981, Viken served as an assistant United States Attorney for the District of South Dakota and in 1981 became the Acting United States Attorney for the District of South Dakota. From 1981 to 1982, Viken was a partner in the Rapid City, South Dakota law firm of Finch, Viken & Viken, and then from 1981 to 1992, Viken was a partner in the Rapid City firm of Finch, Viken, Viken & Pechota. From 1992 to 2003, Viken served as a partner in the Rapid City law firm of Viken, Viken, Pechota, Leach & Dewell, LLP.
In 2003, Viken was appointed the federal public defender for the District of South Dakota by the United States Court of Appeals for the Eighth Circuit. In 2005, the Eighth Circuit appointed Viken the Federal Public Defender for the District of North Dakota and he led a combined-district organization for both North Dakota and South Dakota.
In President Barack Obama nominated Viken to a vacant seat on the United States District Court for the District of South Dakota and he was unanimously confirmed by the U.S. Senate on September 29, 2009. He served as Chief Judge from 2013 to 2019. He assumed senior status on October 1, 2021 and retired from active service on October 1, 2023.
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