THANKFUL FOR A GOVERNMENT OF LAWS, NOT OF MEN

Like many of you, I’ve been watching Governor Easley defend himself against charges of using his office for personal gain. While it was sad to see yet another trusted leader lose face, I could not help but be deeply grateful to live in a country where even the powerful must obey the law.

Plato and Aristotle taught that “no man is above the law.” In 1215, King John signed the Magna Carta, subjecting all British kings to the law. Since then, the “rule of law” has formed the basis of Anglo-American government.

Blackstone, one of the foremost legal scholars of all time, wrote that the “original contract of society” is the foundation of all law. This contract requires the community to guard the rights of each individual. In exchange, each of us must submit to the laws of the land.

In an employment law case that dragged on for nine years, I represented a woman who had been illegally fired from her job with a county Department of Social Services. The case began with appeals to the county, traveled to the State Personnel Commission, and then to Superior Court. During each phase of the case, I knew that the defendants held the political advantage. I also knew that elected judges and people appointed by politicians would decide this case.

After we won in Superior Court, the defendants appealed to our Court of Appeals. There, they had the North Carolina Association of County Commissioners file a “friend of the court” brief. This organization is one of the most politically powerful organizations in our State. I worried that the Court would bow to their political power. I tried to explain to my client why her case was in danger, but she never lost faith. A year later, the Court of Appeals ruled in her favor.

Yet, the case was not over. The Court had ruled that the County illegally fired my client and ordered the County to pay her back wages and attorney fees. It sent the case back for a determination of the amount of wages and fees. The County fought hard to minimize the damages, arguing that my client had not tried to find work after it illegally fired her. Again the case bounced around from the County to the State Personnel Commission to the Courts.

While we were in court, the County politicians busily lobbied our General Assembly to change the laws that formed the basis of our case. Bowing to their demands, the Legislature amended the laws and restricted public employees’ rights to protect their jobs. Fortunately, the Legislature had no power to make the amendment retroactive.

The County lost again before the Commission and in Superior Court. We found ourselves back at the Court of Appeals. This time, the defendant added the State Legislature to its arsenal of political weapons. Pointing to its legislative support, the defense urged the Court to rule against us.
Again, I feared the worst. While I worried, my client kept the faith. She continually assured me that we would win.

And win we did. The Court of Appeals again ruled in our favor. Nevertheless, the County continued its fight, requiring one more hearing before the Personnel Commission. At that hearing, the Commission ordered the County to “pay up or else.” Finally – nine years after it began – my client received payment for the wrongs done to her.

Our Court of Appeals respected the rights of one woman in face of opposition from the most politically powerful organizations in our State. I marveled that the “rule of law” remained alive and well in North Carolina. In our courts, all men and women are entitled to the protection of the law -no matter how much political power the defendants possess. For that we should all be grateful.