I N   M E M O R I A M
     Brian Barnard  


(Photo - @Com)

Civil rights attorney Brian Barnard, photographed in Salt Lake City's Mestizo coffee house in 2012, addressing Utah's atheist community on his recent victory in the UHP crosses case. He died in his sleep Sep 4 2012. 

Obituary                            Utah Legal Clinic

Brian Barnard represented atheists and polygamists, panhandlers and prisoners.

He battled governments — to have a small religious group’s "seven aphorisms" placed next to the 10 Commandments in a public park and to remove crosses from public land along the highways. He fought to stop overcrowding in jails and to allow women into private clubs.

On Tuesday, as news of the 67-year-old civil rights attorney’s death spread throughout the legal community, Utah attorneys mourned the loss of a "fearless lion" who had an "unwavering commitment to the protection of the people on the fringes of society."

"Brian’s death is a huge loss to the community," said the American Civil Liberties Union of Utah in a statement. "Whenever anyone thinks of a civil rights lawyer in Utah, they think of Brian Barnard. He has stood up for the rights of the marginalized and vulnerable for decades and has been instrumental in moving civil rights forward."

The Utah Legal Clinic, where Barnard worked, said he "passed away peacefully in his sleep" in his home near the University of Utah over the weekend. Salt Lake City police said they were alerted to a death at Barnard’s home around 11 a.m. on Tuesday. The death was not suspicious, police said, and no autopsy was planned.

For more than 40 years, Barnard was a legal gadfly who once described himself to a Salt Lake Tribune reporter as someone who would never be appointed a judge, invited to join the Alta Club, or called as a Mormon General Authority.

"A skilled attorney, Brian spent his career advocating for those who lacked a choice or the power to do so on their own," the Utah Legal Clinic said in a statement. "Among others, Brian represented homeless panhandlers, women denied access to a myriad of institutions on account of their gender, members of unpopular faiths, prisoners forced to live in deplorable conditions and victims of police brutality. We live in a more just world for his having been with us."

Barnard’s advocacy and litigation led to women being allowed membership in the Alta Club in downtown Salt Lake City, as well as the state’s Elks Lodges. In 2010, Barnard and attorney John Pace finally settled an 18-year fight between the state and the Navajo tribal members in San Juan County over unpaid oil drilling royalties for $33 million. Even while the case moved ponderously through the courts, Barnard never gave up the fight.

"Our clients were tenacious," Barnard said at the time. "Our cause was just."

Barnard helped end St. George’s 40-year practice of covering the cost of lighting the exterior of the LDS temple and brought down memorial crosses for fallen Highway Patrol troopers after arguing that the symbols were not inclusive of all faiths.

Source by Aaron Falk and Brooke Adams: Sltrib/news

SALT LAKE CITY — Renowned Utah civil rights lawyer Brian Barnard — who often took on unpopular clients in the face of public opposition — has died, his legal clinic confirmed. He was 67.

Barnard died peacefully in his sleep over the weekend, the Utah Legal Clinic said. His death is not considered suspicious, Salt Lake City police said.
Outside the Utah Legal Clinic, the doors were closed and appointments had been canceled. Staffers consoled one another.

“It’s a great loss for us and Brian’s loved ones and also for the legal community in Utah,” Stewart Gollan, Barnard’s law partner told FOX 13. “Brian changed the landscape of the legal community in very profound ways and gave a voice to literally tens of thousands of people who had nowhere else to turn when their rights were being violated and they needed someone to stand up and vindicate them.”

Barnard was known for championing some unpopular causes. He represented prison inmates, atheists, animal rights activists, polygamists, panhandlers and bar owners in legal fights over constitutional rights.

“There are a lot of people who talk about loving the Constitution,” said Bill Tibbitts of the Crossroads Urban Center. “Brian Barnard was somebody who was willing to stick up for the Constitution, even when it was unpopular.”

Tibbitts said Barnard represented many homeless people in cases, including a lawsuit against the government that sought to crack down on panhandling.

Some of Barnard’s own staff disagreed with some of the causes he took to court, but supported their right to be heard.

“Even if I don’t personally agree with this, I can see the logic and the benefit of it and I will stand next to him to defend that,” said Krista Stoker, Barnard’s longtime paralegal. “Because somebody’s got to do it. It’s not easy work. It’s kind of dirty work, but somebody’s got to do it.”

Most recently, Barnard went to the U.S. Supreme Court and successfully argued to have the Utah Highway Patrol remove a series of highway crosses from public roads on behalf of a group of atheists.

“I consider him the Clarence Darrow of Utah,” said Richard Andrews, the president of the Salt Lake Valley Atheists, which brought the lawsuit against the UHP. “He wasn’t in it for the money. He took cases on what he believed in.”
Even his opponents in the courtroom mourned his loss.

“I mourn loss of premier defender of civil liberties,” Utah Attorney General Mark Shurtleff said on Twitter. “Brian Barnard was opposite me 20 yrs in court but epitomized zealous client advocacy.”

Assistant Utah Attorney General Thom Roberts said he last saw Barnard on Friday, when he dropped off a check for legal fees from one of Barnard’s most recent court victories. Roberts, who faced off against Barnard in court in numerous cases, said they talked about gardening and the civil rights lawyer shared some dried fruit he’d made.

“He’s really a voice and an advocate for individual rights and for calling on government to think about what it’s doing when it interacts with citizens in the way they run their daily life,” Roberts told FOX 13.

Barnard leaves behind a brother in Texas, his clinic said. He was not married.  Gollan said he planned to continue the Utah Legal Clinic’s work.

Andrea Emmett More looks on as Brian Barnard speaks at a Utah Atheist's brunch in 2002.
Photo @com (c)

Brian Barnard filed a brief in the Supreme Court in 2011 and he WON!
All the News About the Utah Highway Patrol Cross Case 

Brian Barnard dead at 67Letter from FFRF to Mayor of Draper, UT (.pdf)

State of Utah pays ~ $400,000 to settle UHP Crosses Case
Six-year Battle Removes 12-foot Crosses From Government Land (pdf)

High Court Won't take up Mt. Soledad Cross Dispute (we Won!)
Tax Church Property: Our Protest - 1987
Utah Chapter to American Atheists Triumphs in the Face of Adversity - 1980
State of Utah pays ~ $400,000 to Brian Barnard to Settle UHP Crosses Case
US Supreme Court Declines to Hear ex-Idaho School's Case

You Tube - Brian Barnard Speaks To Utah Atheists: Part 1  2   3   4  PhysOrg.com


Souce: http://www.cityweekly.net/utah/article-13-16464-brian-barnard-legal-superfly.html