Back in the good old days when Americans were interested in freedom, criminal defense attorneys had an ethical duty to zealously advocate for their clients. The concept being that an adversarial system of justice was more likely to produce just results than an inquisitorial system of justice. However, the Arizona Supreme Court recently decided that the age-old duty of zealous advocacy is no longer appropriate. Attorneys in Arizona now have no such ethical duty.

Real criminal defense attorneys relish an opportunity to protect the rights of those accused of heinous crimes. Indeed, it is those very cases where society’s temptation to cut corners is greatest. Any society can claim to be a free society, but these are the cases where a free society earns its stripes. So long as the standard is high in the vilest or unpopular cases, it will remain high for all cases. Due process is guaranteed for everyone; even those accused of the most horrible crimes.

This time, Arizona voters have approved medical marijuana. Despite this fact, it seems both Arizona Governor Jan Brewer and Maricopa County Attorney Bill Montgomery are doing everything they can to thwart the will of the very people they were elected to represent. Both of these elected officials, who have each loudly voiced their personal support for the failed war on drugs, have run to the courts in an attempt to apparently enforce their personal views rather than represent the will of the people.