We live in an age where there exists on the television, on the radio and on the Internet — and as a result around the water cooler — an endless supply of polarizing and antagonistic opinions, but so little genuine, reliable information.
The legal system and the legal profession have fallen victim to this dynamic. It is incumbent on each of us who are privileged to be attorneys to counter this trend — we need to be ambassadors for our profession. Let me offer a few suggestions for your platform.
Judicial elections
As Florida Bar President Scott Hawkins reminded us during his visit last month, non-lawyers generally have no basis for choosing among candidates for the bench. Our friends, family and neighbors look to lawyers in their lives to help them make that choice. We need to be prepared to give intelligent, objective information in response. Indeed, we should be proactive in providing it.
The role of judges in our society is far too important to be decided simply by who has the most money to run the flashiest advertisements, or worse still by a battle of negative attacks against other judicial candidates. When that happens, the community will see judges and lawyers as just another part of the often very caustic political process.
The judicial branch of government around which our profession is centered is too critical to our society for us to allow this to happen. Get educated on who is running for judge and spread the word. As lawyers, we are uniquely positioned to so do.
Appellate judge merit retention
In Florida, appellate court judges and justices, to keep their positions, are placed on the state ballot periodically for “merit retention.” Voters, who generally know little or nothing about those judges and justices, are asked to vote “yes” or “no” on whether the judge or justice should be retained. Many voters have the impression that the jurist must have done something wrong to bring about what looks like a call for a vote of no confidence.
Regardless of whether your particular practice brings you in contact with the appellate courts, get informed about our state’s appellate court judges and educate others about who they are and the merit retention process.
Due process and difficult decisions
It is tempting to jump on the bandwagon of bashing judges and lawyers and our justice system when an unpopular outcome results from a legal proceeding. It is imperative that we resist that temptation.
Instead, take the opportunity to fully understand, and discuss with others, the procedural context in which the outcome was derived. Take the time to explain how our system is designed to protect us all, and that as a
necessary safeguard that sometimes requires the apparently guilty to go free.
Explain how the judicial branch of government is designed to ensure that the other branches do not overstep constitutional limitations. Remind others how desegregation and true equal protection were unpopular outcomes that resulted from courageous and constitutionally correct court decisions.
As lawyers and participants in the justice system we are called to engage others in a higher level of discourse.
Court funding
Everyone should know that the judicial branch of government was designed by our country’s founders as a separate and co-equal branch of government.
But isn’t it surprising that, in Florida, the judicial branch is allocated less than 1 percent (0.7 percent to be precise) of the state’s budget. And, notwithstanding the substantial fees generated through the court system, every year there are threats to decrease court funding.
The court system is an easy target — there are few organizations lobbying for the court system, the general public does not fully appreciate the critical role of the judicial branch and the need to fund it, and judges are limited on how they can participate in the political and budgeting process.
The importance of safe, efficient courthouses
This brings me to the touchy subject of new courthouses, including our own, slated to open in May.
No doubt there will continue to be those who complain that the courthouse is too elaborate or too expensive. But those of us who have practiced for decades in the old courthouse know how inadequate it is and understand the need and functionality of the new building that will serve our community for many, many years to come.
We understand the dangers of marching criminal defendants down the hallways past victims and the families of victims.
A courthouse of the quality of our new building is critical to the functioning of a community like Jacksonville is and like we want it to be. Do not let its value be reduced to a negative soundbite or headline.
The good works that lawyers do
Lawyers do as much in this community (and most) as any other profession. As a group, we give of our time, our talent and our treasure to quietly support individuals and organizations that are in need. We serve actively on boards, we donate money and pro bono service and we mentor and speak in schools regularly.
What other group of professionals does more, not for business gain or notoriety but because it is ingrained in us that we must give back — that the practice of law is not just a business, but a calling?
Yet this dynamic is drowned out by the lawyer jokes and lawyer bashing fueled primarily by misplaced anger and the few bad apples in our profession. We each must be ambassadors to set this record straight.
Professionalism
That brings me to professionalism — not just how we act in front of the judge, but how we conduct ourselves always.
Whether you like it or not, people are watching. You are a role model — good or bad. How you behave at a football game, in the grocery store, at your church or synagogue is a reflection on our profession. Each such interaction is an opportunity to be an ambassador for our profession.
Take every opportunity to be a positive ambassador. Our profession, our community and our civilization depend upon it.