CHEYENNE — “The first thing we do is, let’s kill all the lawyers,” read the plaque.
The plaque was on the wall of a justice of the Wyoming Supreme Court.
Initially, during an early visit to the justice’s office (no security doors), I found it to be extremely odd.
Plucked from Shakespeare’s play about King Henry IV, this quote has been grossly misinterpreted as hostile to lawyers.
Instead, according to literary experts, it is a recognition of the importance of lawyers to society as barriers to anarchy and chaos.
And as such, lawyers have always been important as members of the Wyoming Legislature.
At one time, lawyers had a healthy presence in the legislature, particularly in the Senate.
According to the Wyoming State Archives official roster online,18 lawyers served in the 1950 Legislature out of a total 83 lawmakers, or 22 percent.
Currently there are 8 to 11 lawyers (depending on active or inactive status) in the 93 member Legislature, making up about 9 to 12 percent.
Where did the lawyers go?
It is a national trend, particularly in states with part-time legislators, like Wyoming.
Although lawyers may have the flexibility to serve in the Legislature, they lose money doing so. They also have a professional code of ethics to adhere to, which could bump against political strategies. Their votes may cost them clients.
In the Wyoming Legislature there was a time when lawyers were essential in getting bills drafted and passed. That was before the early 1970s, when the Legislative Service Office (LSO) was created and allowed each lawmaker access to staff lawyers to put their ideas into bills.
Before that the legislators were sponsoring mostly bills for state government or private businesses or nonprofit organizations.
And before the LSO, some legislators resented their power and numbers of lawyers in their chambers.
How far has this lawyer shortage extended?
Wyoming, like other states, has had many lawyers serving as governor.
Since the early 1950’s, Wyoming had eight governors who were lawyers and four who were not.
The lawyers were Frank Barrett, Milward Simpson, Joe Hickey, Stan Hathaway, Ed Herschler, Mike Sullivan, Dave Freudenthal and Matt Mead.
Governors who were not lawyers were Jack Gage, Cliff Hansen, Jim Geringer and Mark Gordon.
As we get ready to elect a new governor, the four candidates listed so far, according to the the secretary of state’s office, include Bret Bien, Curt Blake, Eric Barlow and Megan Degenfelder. No lawyers.
That will be the roster barring some last-minute filings.
The Democrats have one candidate for governor, Lisa Kinney, a former legislator.
She is a lawyer. But barring some major blowout in the Republican party, she is highly unlikely to get elected, being a Democrat in Wyoming.
So the contest likely will be between Degenfelder - the current State Superintendent of Public Instruction, who has the endorsement of the Trump White House, a big asset in MAGA strong Wyoming - and Barlow, a moderate, former legislator, House Speaker, rancher and veterinarian.
Meanwhile various state legal groups are pushing their lawyer members to run for political office.
One Bar Association web site reminds us that Thomas Paine wrote, “Law is King" in America, and 25 of 56 signers of the Declaration of Independence were lawyers.”
Contact Joan Barron at 37-632-2534 or jmbarron@bresnan.net
