GN summer fall09 Digital.indd - National Lawyers Guild

Notes-worthy NewsMourning the loss of an NLG legend: firstfemale president diesby Marjorie CohnLong-time NLG member and first woman president ofthe Guild, Doris “Dobby” Brin Walker, died on August 13at the age of 90. Doris was a brilliant lawyer and a tenaciousdefender of human rights. The only woman in her Universityof California Berkeley law school class, Doris defied the oddsthroughout her life, achieving significant victories for laborand political activists. She was beloved by Guild memberswho would hear Doris’ passionate, principled, and compellingvoice at and between conventions.Doris’ legal and political activism spanned several decadesand some of the most turbulent but significant periodsin U.S. history. She organized workers, fought against JimCrow and McCarthyism, was active in the civil rights andanti-Vietnam War movements, and actively opposed the currentwars in Iraq and Afghanistan.At UCLA, Doris became a Marxist. After she was swornin as a member of the California State Bar, Doris joined theCommunist PartyUSA, remaininga member untilher death. Upongraduation fromlaw school, Dorisbegan practicinglabor law; but afew years later, she went to work in California canneries asa labor organizer. When Cutter Labs fired Doris in 1956, thecase went to the Supreme Court. Although the Court refusedto hear the case, Justice Douglas, joined in dissent by ChiefJustice Warren and Justice Black, wrote, “The blunt truth isthat Doris Walker is not discharged for misconduct but eitherbecause of her legitimate labor union activities or because ofher political ideology or belief. Belief cannot be penalizedconsistently with the First Amendment . . . The Court todayallows belief, not conduct, to be regulated. We sanction aflagrant violation of the First Amendment when we allowCalifornia, acting through her highest court, to sustain Mrs.Walker’s discharge because of her belief.”Doris returned to the practice of law and representedpeople charged under the Alien Registration Act of 1940(the Smith Act) in California. The Act required all residentaliens to register with the government, enacted procedures tofacilitate deportation, and made it a crime for any person toknowingly or willfully advocate the overthrow of the governmentby force or violence. The work of Doris and other Guildlawyers led to Yates v. United States, in which the SupremeCourt overturned the convictions of Smith Act defendants in1957. After Yates, the government never filed another prosecutionunder the Smith Act.During the McCarthy era, Doris was called to testifybefore the House Un-American Activities Committee andshe also represented several HUAC witnesses. From 1956 to1961, Doris successfully defended William and Sylvia Powell,who faced the death penalty, against Korean War seditioncharges. The U.S. government charged that articles Powellhad written reporting and criticizing U.S. biological weaponsuse in Korea were false and written with intent to hinder thewar effort. When a mistrial ended the sedition case, the governmentcharged the Powells with treason. Attorney GeneralRobert Kennedy dismissed the case in 1961.A partner with the Guild firm of Treuhaft & Walkerin Oakland, California from 1961 to 1977, Doris’ practicefocused on civil rights, free speech and draft cases during theVietnam War. She also defended death penalty cases. Perhapsbest known for her defense of Angela Davis, Doris was partof a legal team that secured Angela’s acquittal on charges ofmurder, kidnappingand conspiracy. Inthat case, whichHarvard ProfessorCharles Ogletree in2005 called “clearlythe trial of the 20thcentury, and onethat exemplified the vast and diverse talents of the true DreamTeam of the legal profession,” the defense pioneered the useof jury consultants.Doris was elected president of the Guild in 1970 after abruising battle during which one opponent labeled her “a manin a woman’s skirt.” She paved the way for the election offive women Guild presidents in the ensuing years.Serving as Vice President of the International Associationof Democratic Lawyers from 1970 to 1978, Doris supportedthe struggles of victims of U.S. imperialism throughout theworld and was instrumental in the development of internationalhuman rights law. In 1996, Doris served as one ofeight international observers at the South African Truth andReconciliation Commission hearings led by Desmond Tutu.In 2004, Doris submitted a resolution on behalf of theNational Lawyers Guild Bay Area Chapter to the Conferenceof Delegates of the California Bar Association asking for aninvestigation of representations the Bush administration usedto justify the war in Iraq, for possible impeachment.Noted writer Jessica Mitford and Doris were close friendsfor years; Jessica was married to Robert Truehaft, Doris’ lawpartner. When Doris invited Jessica to join the CommunistDoris was elected president of the Guild in 1970 after abruising battle during which one opponent labeled her“a man in a woman’s skirt.” She paved the way for theelection of five women Guild presidents in the ensuingyears.▪ 29 ▪