13 September 2001
Stephen N.
Limbaugh Jr., chief justice of the Supreme Court of Missouri, delivered the
following address during the opening luncheon of The Missouri Bar/Judicial
Conference September 13, 2001, in Springfield, Missouri.
I prepared my address before tragedy struck on Tuesday morning. Much of what I have to say in that address seems insignificant in the context of that tragedy. But as President Bush has told us, the best response of ordinary citizens is to press on with the business of the day, insignificant though it may seem, and in that way, show those who would do us harm that we are resilient and strong far beyond any means they have to prove otherwise. Although we press on with the business of the day, our hearts are heavy. We lawyers and judges of The Missouri Bar join all citizens of this great nation in mourning the loss of so many hundreds of our fellow Americans, and we offer our prayers for their families.
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My father and my grandfather were presidents of The
Missouri Bar. My father, who also is one of our new senior counselors, and my
mother are present. Would you please stand? My grandfather is here in spirit. I
have known no person who had more love and appreciation for the work of the
organized bar than my grandfather. If the law was his profession, bar work was
his hobby. Ten years ago, he celebrated his 100th birthday at the annual meeting
of The Missouri Bar in Kansas City. Those of you who were present may recall
that he was late to arrive at the opening luncheon. He was late because my
cousin was interviewing him on the radio. The topic of the interview was
something like "Recollections of the Spanish-American War!" In any event, when
he finally arrived, you good people rose to your feet to greet him. It was one
of the highlights of his life. And mine.
I
don't know that my own great appreciation for the organized bar is due to a
genetic predisposition, but at the least the environmental influence of the bar
was profound. My folks were always off to a bar meeting here or there, in state
or out of state, the county bar, The Missouri Bar, the American Bar. Their
vacations, working vacations, were to bar meetings. You have heard some people
call themselves "Army brats" in recognition of the fact that during their
childhood their parents hauled them from one Army base to another. Incoming
president Theresa Levings tells me that her kids will remember their upbringing
as bar brats, being hauled from one bar meeting to another. Although I do not
consider myself a bar brat, on occasion my parents did take the family to bar
meetings. One memorable trip was to the annual meeting of the ABA in Montreal in
1968. Five years later in 1973, Marsha and I honeymooned at the ABA meeting in
Washington, D.C. My insistence on taking my new bride on a honeymoon to a bar
meeting was not as odd or obsessive as you may think. We rendezvoused with my
parents and grandparents after a stop in Paris.
I attended the annual meeting of The Missouri Bar as a new member 25
years ago this month. I have attended every annual meeting since that time.
Before you today, I renew the pledge I made nine years ago when I joined the
Supreme Court, and that is to give my unflagging support for the programs and
functions of The Missouri Bar for the balance of my career.
Though it is customary to review with you the state of the
judiciary, I will depart from that custom in order to speak on the topic of
professionalism. Professionalism will be the theme of President-elect Levings'
tenure as your new president, and indeed it has been a component of the
administration of every bar president in recent memory. It is appropriate that
professionalism also has been a component of every state of the judiciary
address during my time on the Court.
There
are many facets of professionalism. Three years ago, then Chief Justice Duane
Benton spoke exclusively on the topic of civility. You have heard other lawyers
and judges speak at professionalism programs ranging from legal ethics and the
role of lawyers in society to law office management and gender and race
awareness.
My topic is public service —
the service we lawyers and judges must render above and beyond the day-to-day
work for our clients and constituents. It is the service that is as much a part
of the obligation of lawyers and judges as the performance of our work in an
ethical, competent and civil manner. It is the service that we must give in
return for the privilege of being a lawyer. It is the service that
differentiates the practice of law from that of a mere occupation or business.
And it is the service that makes our profession a noble calling. Indeed, the
public service of lawyers determines the public image of lawyers.
As Chief Justice, I am immensely proud that most members of the bar live up to their obligation of public service, and that some lawyers, like Shawn Askinosie and several others who are being honored at this annual meeting, render exemplary public service.
As Chief Justice, I am immensely proud that most members of the bar live up to their obligation of public service, and that some lawyers, like Shawn Askinosie and several others who are being honored at this annual meeting, render exemplary public service.
The preamble to the Rules of Professional Responsibility
provides that lawyers not only are representatives of clients and officers of
the legal system, but also that lawyers are "public citizen[s] having special
responsibility for the quality of justice." The notion of the lawyer as "public
citizen" should be taught and retaught from the day prospective lawyers first
set foot in law school to the day they retire. A description of the lawyer as
public citizen is set out in another part of the preamble:
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As a public citizen, a lawyer should seek
improvement of the law, the administration of justice and the quality of service
rendered by the legal profession. As a member of a learned profession, a lawyer
should cultivate knowledge of the law beyond its use for clients, employ that
knowledge in reform of the law and work to strengthen legal education. A lawyer
should be mindful . . . of the fact that the poor, and sometimes persons who are
not poor, cannot afford adequate legal assistance and should therefore devote
professional time and civic influence in their behalf.
The notion of the lawyer as public citizen is expounded
further in Rule 4-6.1, entitled "Pro Bono Publico Service," which states that "A
lawyer should render public interest legal service," and lists three ways that a
lawyer may discharge that responsibility: 1) by providing professional services
at no fee or a reduced fee to persons of limited means or to public service or
charitable groups or organizations; 2) by service in activities for improving
the law, the legal system or the legal profession; and 3) by financial support
for organizations that provide legal services to persons of limited
means.
The opportunities for service as
public citizens are innumerable, but none is more important than service to the
poor. Our legal aid offices provide excellent service, but the lawyers are
overworked and underpaid. Regardless, as noted in the Comment to Rule 4-6.1,
"the basic responsibility for providing legal services for those unable to pay
ultimately rests upon the individual lawyer . . . [and] every lawyer, regardless of
professional prominence or professional workload, should find time to
participate in or otherwise support the provision of legal services to the
disadvantaged." As so many of you know from your own experience, personal
involvement in the problems of the disadvantaged can be one of the most
rewarding experiences in your professional life.
Having fulfilled your obligation of service to the poor, try bar work.
The complaint, or rather the excuse, that I hear from lawyers who are not
involved in bar work is that they don't know how to get involved. The bulk of
the work of The Missouri Bar, and all other bar associations from the city and
county level to the national level, is done in committees. The work of these
committees advances the law and improves the practice of law. The Missouri Bar
has more than a score of committees and surely one or more of them will meet
your individual interest. So join a committee! Volunteer for committee
assignments! Believe me, your efforts will be appreciated.
For those of you who prefer a different course, there are not-for-profit organizations of lawyers to meet every interest and concern, from the ACLU to the Federalist Society, from MATA to MODL, from the Missouri Association of Prosecuting Attorneys to the Missouri Association of Criminal Defense Lawyers, and so many others.
For those of you who prefer a different course, there are not-for-profit organizations of lawyers to meet every interest and concern, from the ACLU to the Federalist Society, from MATA to MODL, from the Missouri Association of Prosecuting Attorneys to the Missouri Association of Criminal Defense Lawyers, and so many others.
And
then there are opportunities for service by performing legal work for the
benefit of civic groups, churches and charities. Undoubtedly, many of you have
worked on behalf of such organizations. You have drafted articles of
incorporation and bylaws, prepared 501(c)(3) applications, appeared before city
councils to obtain zoning approval or other relief, and performed legal work in
a host of different ways, for no pay or for reduced pay.
Let me push the notion of the lawyer as public citizen a step further. Lawyers also should use their special talents to render service that is not related to the practice of law or that is related only indirectly to the practice of law.
Let me push the notion of the lawyer as public citizen a step further. Lawyers also should use their special talents to render service that is not related to the practice of law or that is related only indirectly to the practice of law.
Lawyers are the civic
leaders in our communities. They serve as officers and directors of the United
Way and the Red Cross, the Salvation Army and the NAACP, the Chamber of
Commerce, the Girls Scouts and Boy Scouts, the YMCA and the Rotary Club, the
Jaycees and the Zonta Club, the local library board and the PTA. Lawyers serve
on our city councils and our school boards and they serve in our Senate and
House of Representatives. And in all but the rarest of cases, they serve with
selflessness and distinction. In the public's eye, no less is expected of
lawyers. Without that selfless and distinguished service, the public image of
lawyers is greatly diminished.
Of
particular concern to the bar and judiciary is the dearth of lawyers in the
legislature, especially with the advent of term limits. Less than a generation
ago, a majority of the Senate and a large minority of the House were composed of
lawyers. Today, only 7 of the 34 Senators are lawyers, and only 22 of the 163
Representatives are lawyers. On the other hand, there are now approximately
25,000 members of The Missouri Bar. Twenty-nine out of 25,000 is not enough! And
so I call on the members of the bar to come forward as candidates for
legislative office. Fulfill your obligation as public citizen by serving in
public office. Not every Missouri lawyer can be a member of the legislature or
serve in other public office, but every Missouri lawyer should be engaged in the
political process.
Our judges are not
exempt from service as public citizens, and, if anything, their obligation is
even greater due to the honor of their office. The fact is, most of our judges
have put together substantial resumes of public service. Allow me to boast about
a few of my colleagues who have a particularly keen understanding of their
obligation of service.
Consider the
example of my friend Jack Garrett who is presiding judge of the 37th Circuit in
Southern Missouri. For about 5 years running, Judge Garrett and his chief
juvenile officer have sponsored an annual conflict resolution task force for
teenagers. They target 7th grade students in each of the circuit's 19 school
districts. With the assistance of college students from SMSU, they conduct small
group seminars to address issues such as bullying, school violence and substance
abuse. In addition, Judge Garrett sponsors an annual mediation camp and workshop
for students in grades 6 through 8, training those students to develop and
implement peer-mediation panels in their schools.
In Kansas City, our family court judges have implemented a truancy
diversion program in which several judges, led by Judge Steve Nixon and Judge
Marco Roldan, meet with "at risk" children and their parents or parent once each
week at 7:30 a.m. The judges discuss not only the truancy problem, but also
other family needs that may be contributing to the problem, including the
child's safety and well-being and parent accountability for the child's needs.
Last month, Judge Nixon took the children he is working with to a Royals
baseball game. Judge Roldan has found his Hispanic roots to be of value in
working with the families at the McCoy Elementary School where English is a
second language.
The truancy diversion
program originated in St. Louis County where it continues to flourish. Judge
Susan Block, the chief administrative judge of the family court, has assembled a
team of eight judges and one lawyer who make weekly visits to troubled children
in eight county school districts.
In St. Louis City, Judge Henry Autrey, a former prosecutor, serves in a number of ways. He speaks to various groups on the issue of child abuse prevention. He also participates in reading exercises and tutoring programs for young children at city schools. But his most personally fulfilling service is playing the role of Santa Claus for the elderly residents at a local nursing home. According to Judge Autrey, "We forget the sacrifices they made and the hard work they endured so that we could achieve our personal successes."
Of course, there are countless other examples of commendable extracurricular judicial service, but our Missouri judges must continue to lead the way.
In St. Louis City, Judge Henry Autrey, a former prosecutor, serves in a number of ways. He speaks to various groups on the issue of child abuse prevention. He also participates in reading exercises and tutoring programs for young children at city schools. But his most personally fulfilling service is playing the role of Santa Claus for the elderly residents at a local nursing home. According to Judge Autrey, "We forget the sacrifices they made and the hard work they endured so that we could achieve our personal successes."
Of course, there are countless other examples of commendable extracurricular judicial service, but our Missouri judges must continue to lead the way.
No discussion of the lawyer as
public citizen is complete without mention of mentoring. Mentoring is the
hot-button topic in professionalism circles. It is seen as a vital part of our
professional well-being. One bar organization, the American Inns of Court, which
has a chapter in Kansas City and another planned for St. Louis, is devoted
entirely to the promotion of mentoring as a tool for the professional
development of lawyers. The idea is that the more senior members of the bar take
on the role of mentor to the younger members, and to law students, as well. In
fact, the mentoring flows in both directions as the older lawyers engage the
fresh ideas of their younger understudies.
In my view, mentoring has a dual nature. It is both proactive and passive. It is proactive when senior members of the bar take under their wings and nurture the younger members. It is passive when the senior members of the bar teach by their example of competent representation, ethical conduct, civil demeanor, and public service. In this larger sense, mentoring is the natural byproduct of the practice of law by those with an abiding commitment to professionalism.
In my view, mentoring has a dual nature. It is both proactive and passive. It is proactive when senior members of the bar take under their wings and nurture the younger members. It is passive when the senior members of the bar teach by their example of competent representation, ethical conduct, civil demeanor, and public service. In this larger sense, mentoring is the natural byproduct of the practice of law by those with an abiding commitment to professionalism.
There is no better
example of the dual nature of mentoring than the experience of one of our
founding fathers, John Adams. I was mesmerized this summer while reading the
brilliant new Adams biography by Pulitzer prizewinner David McCullough. Those of
you who also have read it undoubtedly will join in the praise. Adams, you see,
was not only a great patriot and a great statesman, he was a great lawyer, and
the first part of the book is an account of his life as a lawyer, with a
particular emphasis on the way he was mentored by other lawyers. In Adams' day,
one could not become a lawyer without proactive mentoring. There were no law
schools, so prospective lawyers engaged practicing lawyers to take them on in a
course of study and apprenticeship. In 1756, Adams signed a contract with a
young Worchester attorney, James Putnam, in order to study "under his
inspection" for two years. After a short time, Adams moved into the Putnam home,
teaching school himself during the day and reading law at
night.
McCullough relates that after Adams
completed his studies with lawyer Putnam, he still felt "miserably unsure of
himself," so "he attended court in Boston where, awestruck, he listened to the
leading attorneys of the day, Jeremiah Gridley and James Otis, argue cases."
This is the passive mentoring to which I referred, learning from the example of
others. But with Jeremiah Gridley, it was proactive mentoring as well. According
to McCullough,
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On the morning [Adams] found his way through the
crooked streets of Boston to Jeremiah Gridley's office for the requisite
interview for admission to the bar, Gridley, much to Adams' surprise, gave him
not a few cursory minutes but several hours, questioning him closely on his
readings. With a kindly, paternal air, Gridley also counseled him to "pursue the
study of the law itself, rather than the gain of it."
Otis became for Adams "the
shining example of the lawyer-scholar, learned yet powerful in argument." By the
1760s, Otis had become Adams' political hero, too. In the winter of 1761, Otis
argued the famous writs of assistance case. Otis argued that the writs of
assistance — precursors of modern day search warrants that permitted law
officers to enter and search any premises whenever they wished — were "null and
void because they violated the natural rights of Englishmen." Though Otis' plea
was turned down, Adams, who had been present only as an observer, remembered
Otis' performance "as one of the most inspiring moments of his life, a turning
point for him as for history. "Adams also reported that the three judges who
heard the case were clad "in their new fresh robes of scarlet English cloth, in
their broad hats and immense judicial wigs," but that "Otis, in opposition, was
a "flame" unto himself." Years later, reflecting on the impact of Otis'
courageous stance, Adams wrote, "Then and there was the first scene of the first
act of opposition to the arbitrary claims of Great Britain. Then and there the
child Independence was born."
By the
mid-1760s, Jeremiah Gridley had died, James Otis was in ill health, and John
Adams had become Boston's "busiest attorney." As time would tell, he never
forgot the lessons of his mentors, and despite his illustrious career in
politics and government, he would never disavow his love for the practice of
law. As the revolution loomed large, he felt privileged to be in the profession
and wrote of that privilege to a friend:
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Now to what higher object, to what greater
character, can any mortal aspire than to be possessed of all this knowledge,
well digested and ready at command, to assist the feeble and friendless, to
discountenance the haughty and lawless, to procure redress to wrongs, the
advancement of right to assert and maintain liberty and virtue, to discourage
and abolish tyranny and vice?
During the course of our careers, each of
us has been blessed with mentors who through their wisdom have given us the
skills necessary to practice with professionalism and have imparted to us the
spirit of the lawyer as public citizen. I, myself, have been blessed beyond
measure by the many lawyers and judges who have mentored me, beginning with my
professors in law school who were master teachers, mentors by trade. I see Judge
Stan Grimm, who was circuit judge when I was prosecutor and who was a court of
appeals judge when I myself was circuit judge, and who has been an invaluable
friend throughout my career. I am grateful as well for the mentorship of my
colleagues on the Supreme Court, Judges Ronnie White, John Holstein, Mike Wolff,
Duane Benton, Laura Stith and Ray Price, and to my former colleagues, Chip
Robertson, Ann Covington and Elwood Thomas.
And to this list, I add the finest mentors of all, my father and my grandfather.
If you do nothing else in response to my remarks, at the least, call to mind the lawyers and judges who have mentored you, those who have inspired you to do well in this great profession, and then rededicate yourselves to the mentoring of the young lawyers and judges who look up to you.
To conclude, I quote from an article published years ago in the Journal The Missouri Bar that sums up my message that a lawyer's high standing in the community can only be achieved through service as public citizen.
And to this list, I add the finest mentors of all, my father and my grandfather.
If you do nothing else in response to my remarks, at the least, call to mind the lawyers and judges who have mentored you, those who have inspired you to do well in this great profession, and then rededicate yourselves to the mentoring of the young lawyers and judges who look up to you.
To conclude, I quote from an article published years ago in the Journal The Missouri Bar that sums up my message that a lawyer's high standing in the community can only be achieved through service as public citizen.
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Where there is need for change or where actual
change is occurring, you will find lawyers spearheading the movement or leading
the opposition. Where there are endeavors to aid the poor and the oppressed,
lawyers will be leading the crusade. When you look for stability in a community,
you will find lawyers heading those institutions that typify that stability.
This leadership and contribution to community life . . . must continue and
flourish if lawyers are to achieve a respectable public
image.
--Address by Stephen N. Limbaugh, Jr.
Chief Justice, Supreme Court of Missouri
The Missouri Bar/Judicial Conference
Springfield, Missouri
September 13, 2001
Chief Justice, Supreme Court of Missouri
The Missouri Bar/Judicial Conference
Springfield, Missouri
September 13, 2001