By JODI SOKOLOWSKI
Buffalo Law Journal

The suspension of the constitutions of Pakistan, in 2007, and Germany, in 1933, highlights the need for separation of powers and for citizens to hold their government accountable, Administrative Judge Hon. Sharon Townsend said at an 8th Judicial District Law Day program Thursday.

"The silence and inaction by the judicial branch in Nazi Germany serves as a terrifying reminder of our obligation as judges and lawyers to uphold the rule of law," she said.

Townsend, other judges, a defense attorney, an FBI lawyer and a young Somalian immigrant took part in a panel discussion titled "The Rule of Law In a Post 9/11 Society" before an audience of more than 100 area high school students in the Erie County Hall Thursday.

FBI Chief Division Counsel Paul Moskal explained that while the Patriot Act was created just six weeks after the 2001 terrorist attacks, in "a response to fear," Congress included a sunset provision to revisit the legislation.

"I think we overreact initially (in response to a terrorist event) but take steps to remediate it. It's a testament to the impact of citizens who push that pendulum back to the middle," he said.

"What price is freedom?" he asked. "We can't denigrate our Constitution to enforce it."

Quoting Theodore Roosevelt in a 1903 town-hall meeting, Moskal said, "No man is above law, and no man is below it."

Anne Adams told the assembly that she's a criminal-defense attorney and will represent any person - including Osama bin Laden - because every person, even those who are undoubtedly guilty, deserves legal representation. She said the need for defense attorneys is constant, but may be even greater in recent years because of the Patriot Act, which she said "infringes on individual liberties."

"Things didn't used to be taken so seriously but are now because we live in a post 9/11 age," Adams said.

However, Moskal said he believes the Patriot Act, which was extended in 2006, has "made a difference in our safety," and he doesn't see it being abused.

Panelist Yusuf Abdi, 17, spoke of how he came to the United States from Somalia through Kenyan refugee camps - with dreams of a good education and the ability to vote, open a business and own land.

While he continues to embrace those ideals, he said his experiences witnessing unjust actions elsewhere and as a crime victim himself, on Buffalo's West Side, bring him back to reality.

"People told me America (would be) like heaven, (but) when I arrived, I was shocked. I didn't expect criminals," he said.

After the presentations, a question-and-answer session followed, with students asking questions addressing everything from judicial issues - why the U.S. Supreme Court limits the number of appeals it hears - to enforcement concerns, such as the collection of DNA from felons.

"I was very impressed with the quality of the questions. Some were of the quality of questions by law students," said Adams, who is an adjunct professor at the University at Buffalo.