Read This Order

Posted On January 13, 2014 by Daniel Koewler

Regular readers of our blog may have noticed a distinct lack of posts over the last month - for that, we sincerely apologize. Since the decision in State v. Brooks, we've been extremely busy defending our clients - many cases that were put on hold pending the Brooks decision returned to court, keeping us very busy. In the end, we're a small, hard working firm, not a large corporation, and don't always have the time we'd like to spend educating and entertaining our readers - our current clients always come first.

That being said, we've got a month's worth of material for you right here, in one judicial order. We're not going to try and summarize this order, because you really need to read it in its entirety. We're not going to paraphrase it, because that would in no way do it justice. But if you have any interest in democracy, the rule of law, or the application of that law to a land of free men and women guided by one constitution, this is an order you simply must read.

You can download it by clicking on this sentence.

I'll tell you now, it's not an order finding that a DWI test was coerced . . . well, not exactly. What it is, however, is a careful, insightful and profoundly researched analysis of what Americans have come to expect from their lawfully appointed judges, and a comparison of those expectations with the current definition of "free and voluntary consent" in Minnesota, in a post-Brooks world.

Always remember that a strong, intelligent, and above-all independent judiciary is the crucial cornerstone to our entire democratic system. The fundamental characteristic of a free society like the United States is a judicial system that consistently and equitably applies the rule of law to all individuals, and protects the rights of those individuals against encroachments by the government. This type of judiciary is not only necessary to maintaining a free society, but is also essential as a way of ensuring that the public respects and admires the rule of law.

This type of judiciary is evident in the order we provided above. Again, it is worth your time, and I suggest you read it.