Lawyers in Libraries visits Seeley Lake

SEELEY LAKE – Ed Higgins, from the Montana Legal Services Association (MLSA), visited the Seeley Lake Community Library May 25 for the annual Lawyers in Libraries celebration. The event was in commemoration of Law Day, which was established by President Dwight D. Eisenhower in 1958 to acknowledge the national dedication to the principles of government under law. 

This year's theme: Toward a More Perfect Union – The Constitution in Time of Change. 

While Law Day is officially May 1, many celebrations take place week(s) before or after, and often are set in libraries. According to Higgins, libraries are the heart of a community and justice is the heart of a democracy. 

After graduating from the University of Montana's Law School in 2000, Higgins served as a Judicial Staff Attorney for John W. Larson. Higgins has been with the MSLA since 2001 and previously served as a managing and a staff attorney. Higgins said he thought he would be a good fit for Lawyers in Libraries because he was a teacher before he was a lawyer. He is happy to keep educating the public on the importance of law because it is important for governing society. 

Higgins began his presentation with an overview of how laws were created through the Constitution and how they can change. According to the American Bar Association, the U.S. Constitution "outlines a blueprint for the government, delegates power, articulates rights and offers mechanisms for change." Legislation, court rulings, amendments, lawyers and the people have built upon the Constitution across generations to make the "perfect Union" more realistic. 

The power of interpreting the Constitution lies in the courts, which have the responsibility of following the principles of the rules of law, even when it isn't popular. They must follow the Constitution and laws when making decisions. 

For rights not explicitly addressed in the U.S. Constitution, States can adopt rights in their constitutions. For example, the Montana State Constitution grants the right to privacy and the right to a clean and healthful environment. 

Despite these rights, many Montanans must navigate the world of law by themselves. According to Higgins, this is influenced by Montana's natural geography and the many low-to-middle income Montanans who can't afford an attorney. 

The sixth amendment to the U.S. Constitution grants the right to the assistance of an attorney in criminal cases. However this does not explicitly cover civil cases. Cases where parents fight for custody of their children or veterans who are denied benefits does not grant individuals court appointed attorneys, which is why Higgins said he directed attendees towards legal resources. 

Higgins said it's important to have these conversations with the general public, especially to educate people before elections. 

"Thomas Jefferson said that a well-educated electorate is essential to a free society and I think he might have been onto something," Higgins said. "The more we know, the better we are at governing ourselves." 

While Higgins was not able to provide any legal advice, he directed attendees towards local resources. Resources include The Court (Self Help) Program, The Montana Legal Services Association, MontanaLawHelp.org, Ask Karla.org, The Montana Legal Services Developer and the State Law Library of Montana.