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The Des Moines Sunday Register
January 18, 1998, page 3B
letters@news.dmreg.com

Lawyers, group debate merits of jury nullification

By FRANK SANTIAGO
REGISTER STAFF WRITER

        Lawyers squared off Saturday with members of a group that claims juries should have the power to nullify laws they believe are wrong.
        It was the first meeting between members of the state's established bar and the Fully Informed Jury Association of Iowa, which supports untraditional measures such as having jurors, rather than judges, say what law, if any, applies in a criminal case.
        Debated before a dozen onlookers at the Des Moines Botanical Center, the issues showed a clear division: The advocates claim the authority to nullify dates to 13th-century England and the Magna Carta; the lawyers maintain that while the judicial system is flawed, jury nullification is an unsound concept that would open the door to legal chaos.
        "We've got the best system in the world," said Maggi Moss, a prominent Des Moines defense lawyer.  "There are ways to change it but not in front of a jury."
        Victor Dietz, a Davenport lawyer with the association, contended, "I would like counsel to stand up, go to the rail and tell the jury my client did exactly what he was accused of doing, but the law was wrong and he shouldn't go to prison."
        Nan Horvat, assistant Polk County attorney, said the judicial system is best changed by traditional means.
        "If you chose to be in the arena, you should respect it," she said.  "When you put yourself in the arena, you abide by the rules."
        The meeting was the eighth annual gathering for the organization, among whose members are people who oppose the state's seat-belt law and marijuana laws.
        Larry Dodge, founder of the national organization with 2,500 followers, told the meeting that the jury "has a political function."
        Dodge, who lives in Dallas, said, "The only effective way of fighting back is for the jury to turn in verdict after verdict that disagrees with the law.  This is nothing new."
        Fredd Haas, president of the Iowa Trial Lawyers Association, argued: "You don't want politics in a jury.  You want common sense and good morals."

Frank Santiago's phone number is
(515) 284-8528. The e-mail address
is: santiagof@news.dmreg.com

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