Articles Posted in Constitutional rights

SupCtBench-240x300IMG_5344-225x300IMG_5346-225x300IMG_6736-225x300
Who Will Be Democracy’s Heroes? Who Will Save the Rule of Law? Trial Judges? Lawyers? Citizens?

We are in a Constitutional Crisis. The current Administration has no respect for the Rule of Law and takes actions on a daily basis that are specifically directed to undermine our American Democracy. Even the Attorney General, Pam Bondi, a lawyer, who once upon a time (supposedly) swore to uphold the Constitution, engages in absolute lawlessness, blatantly ignoring Court Orders,  which is not only undermining our Democracy but is eroding it daily. As a lawyer who took the same oath, what I am seeing on a daily basis is disheartening, frightening, shocking and scary. Every day I ask: What can we do to stop it?  I also have found myself asking: Who will be the Heroes?  Who will be the Heroes of Democracy who will, in the end, be the ones who can honestly say their actions saved our Country?  Will it be the judges?  Will it be lawyers?  Will it be ordinary citizens?

Trial Judges-

IMG_4099-225x300
This is my client, Jerrod Heath, who received the  GTLA 2025 Courageous Pursuit of Justice Award.  Out of the many deserving people who courageously pursue Justice on behalf of their loved ones here in Georgia, it was an honor of a lifetime for Jerrod (rightfully) to receive this award.  Here is a little bit more about this award:

GTLA COURAGEOUS PURSUIT OF JUSTICE AWARD (aka Nestlehutt Award)

GTLA presents this award to the client of a GTLA member during the Annual Convention each year. Our goal is to recognize a client whose pursuit of justice helped the greater good. It’s not about the size of the verdict, or even a victory. It’s about courage the client showed against great odds and powerful opponents.

2025-IATL-Inductee-16-Clark-1-1-300x200
I had the distinct honor of being inducted into the International Academy of Trial Lawyers a couple of weeks ago at the Mid-Year Meeting in Vancouver, British Columbia. It was spectacular! There is no question that this is one of the biggest honors of my 38 year career (so far) of practicing law. But when I was introduced, only 3 minutes was permitted and, unfortunately, the things I am most proud of never got mentioned. So I wanted to share with you the things I am most proud of:

1. I obtained a Presidential Pardon from President Barack Obama for a client who had served in the  U.S. Army and was tried and convicted of being gay in the military, when it was illegal to serve in the military if you were gay. He served 2 1/2 years in Ft. Leavenworth Military Prison.  The conviction prevented my client from being able to obtain a mortgage, get a car loan, obtain employment, etc.  I worked pro bono for 6 years for him and finally received a full pardon on January 17, 2020, just three days before President Obama officially left office.
2. I opposed a ballot initiative to amend the Georgia Constitution to include: “This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state.” I represented St. Mark United Methodist Church, a predominantly gay congregation, in the litigation against the Governor of Georgia, O’Kelley v. Perdue, 2004CV93494, 2006 WL 1350171, at *1 (Ga. Super. May 16, 2006), rev’d, 280 Ga. 732, 632 S.E.2d 110 (2006).  The St. Mark Congregation adamantly opposed this discriminatory language. Our efforts were ultimately vindicated with Obergefell v. Hodges in 2015.

police-car
When will the senseless deaths of innocent Georgians due to police chases stop? I found myself asking this question once again this morning when I heard the news of exactly that, i.e., another innocent Georgian killed last night due to a police chase of another driver. This time is was a completely innocent 19 year old young man out at 7:51 p.m., not late by anyone’s standards. It is just unbelievable.

The tragedy last night occurred at the intersection of Moreland Avenue and Euclid Avenue in Little Five Points, a neighborhood that is densely populated with bars, stores and apartments, that has a high amount of pedestrians walking on the sidewalks and that has very narrow streets that are usually bumper-to-bumper. I live very near this intersection and am very familiar with it. The last thing I could possibly imagine is for a police officer to choose to engage in a high-speed chase into this neighborhood. It was totally reckless. And the chase apparently began on I-20 and continued until the collision at this intersection, which is about 3 miles from I-20. This officer drove 3 miles into this heavily congested city neighborhood at high speeds chasing another vehicle for “speeding and erratic lane changes” and this decision by the police officer resulted in the death of a completely innocent teenager. Help it make sense!

The driver of the vehicle being chased by police is now facing several charges, including murder, first-degree vehicular homicide, reckless driving, possession of a schedule 1 narcotic, felony fleeing among other things. But what charges is the police officer facing?  The person who made that horrible, deadly decision to chase her at high speeds through a densely populated City of Atlanta neighborhood ?  Any?

image0-225x300image8-225x300image4-225x300image6-225x300
Last week we were thrilled to have Georgia Trial Lawyer McCracken King Poston, Jr. be our guest speaker at Lawyers Club of Atlanta. McCracken regaled the crowd of over 200 attorneys with stories about his trial in Ringgold, Georgia in which he represented Alvin Ridley, who was accused of holding his wife captive in their basement for almost three decades before killing her.

McCracken Poston is a former four-term legislator in the Georgia House of Representatives. He is a graduate of the University of Tennessee at Chattanooga and is a 1985 graduate of The University of Georgia School of Law. He has practiced law for 39 years in Georgia. He gained national attention for his handling of several notable cases that were featured on CNN Presents, Dateline NBC, A & E’s American Justice and Forensic Files.

McCracken’s new book “Zenith Man: Death, Love and Redemption in a Georgia Courtroom” tells the tale of Alvin Ridley, accused of murdering his wife, and McCracken’s courtroom battle for Justice for Alvin. Alvin was a difficult client, storing evidence in a cockroach-infested suitcase, unwilling to reveal key facts to his defender. Gradually, Poston pieced together the full story behind Virginia and Alvin’s curious marriage and her cause of death—which was completely overlooked by law enforcement. Calling on medical experts, testimony from Alvin himself, and a wealth of surprising evidence gleaned from Alvin’s  junk-strewn house, Poston presented a groundbreaking defense that allowed Alvin to return to his peculiar lifestyle, a free man.

fineprint-225x300
IMAGINE THIS HYPOTHETICAL SCENARIO:

It’s College Football Playoff season. Your beloved [insert college mascot here, not going to jinx it for any team in particular] are in the National Championship. Your husband is somehow able to secure tickets to the big game and purchases four tickets online for you, the kids, and your live‑in mother. He keeps all five tickets for the family in his phone’s “Wallet” to ease the entry process into the game.

While walking out of the stadium post‑game, a portion of the railing—intended to guide pedestrian traffic flow—collapses due to the stadium management’s negligent placement of the broken railing in a crowded area. Your mother falls due to the collapsed railing and suffers catastrophic injuries. Your family now faces unexpected medical bills in the thousands of dollars, your mother experiences pain and suffering no elderly person should have to ever endure, and you and your mother decide to pursue legal action against the stadium because of the growing costs that the stadium’s negligence has caused your family.

Robinatdesk-225x300
I was very happy to hear that President Biden has decided to right historical wrongs by pardoning any U.S. veterans who were convicted for being gay while serving in our U.S. Armed Forces.  It is well past time for our country to acknowledge this wrong and the damage it did to so many gay veterans. As President Biden stated: “Today, I am righting an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves,” Biden said in a statement. “We have a sacred obligation to all of our service members –- including our brave LGBTQI+ service members: to properly prepare and equip them when they are sent into harm’s way, and to care for them and their families when they return home. Today we are making progress in that pursuit.”  About time, is all I can say.

I find this very interesting given my experience in securing a Presidential Pardon for a client who had been convicted of having a homosexual relationship while he was serving as an Officer in the U.S. Army. He served a year and a half in Ft. Leavenworth Prison for being gay. I worked for this client for 6 years pro bono, partly because my innate sense of Justice drove me to do so, partly because I have been fighting for equality for gay people for the last 40 years or so, and partly because I could not let this injustice to this client go on and be able to look my two children in the eyes. Both of my kids, who were in college at the time, could not believe that our Government, with its vasts resources, would use those resources to prosecute and convict a U.S. Veteran of simply being who he was. It was simply unfathomable to them and to me. But it really happened. So I set out on a 6 year journey and struggle to obtain a Presidential Pardon for him. Since being gay in the U.S. Army was a Federal offense, only a Presidential Pardon would do. He had been  convicted on July 17, 1989, which means he endured 28 years of having the conviction and a dishonorable discharge on his record. This resulted in his being unable to obtain a home mortgage, being limited in potential jobs he would be hired for, being unable to vote, just as some examples of the impact on his life this had.

I will never forget that telephone call on January 17, 2017 from the Department of Justice Pardon Attorney, informing me that President Obama would be granting my client a pardon. What an unbelievable moment! Probably my greatest achievement as a lawyer. And then to call my client and hear his elation on the phone was an incredible moment.

https://www.atlantainjurylawyerblog.com/files/2024/04/2024-03-07-13.57.26-200x300.jpg
Last week, Judge Marc Treadwell, United States District Court Judge for the Middle District of Georgia, held several officers of the Georgia Department of Corrections in contempt of court for failing to correct numerous violations of the Federal and Constitutional rights of Georgia inmates who are housed in solitary confinement in Georgia Prisons.  In his 100 page Order, Judge Treadwell threatened them with fines and ordered an independent monitor to ensure compliance with a settlement agreement for the Special Management Unit of the Georgia Diagnostic and Classification Prison in Jackson, about 50 miles south of Atlanta.  In its Order, the Court found that prison officials  falsified documents and said they routinely placed new arrivals at the facility in “strip cells,” where one inmate said he was not given clothes or a mattress and could not use the toilet because it was broken and filled with human waste.

A psychology professor and prison expert, Craig Haney, Ph.D., J.D.,  told the court back in 2018 he had toured maximum security prisons in roughly two dozen states, and Georgia’s SMU unit was “one of the harshest and most draconian” he had seen.  His report, submitted to the court in 2018 by lawyers for prisoners — included images of prisoners with self-inflicted cuts, blood on the floor of one cell and the window of another, and descriptions of “extraordinarily harsh” living conditions. His conclusion: “The prisoners at this facility face a substantial risk of serious harm, harm that may be long-lasting and even fatal.”  Southern Center for Human Rights attorney Sarah Geraghty, who represented the prisoners, said in a news release back in 2018 when the initial agreement was reached“A civilized society doesn’t lock people in isolation cells for years on end,” she said. “It was past time to move out of the dark ages.”

These solitary confinement cells at the heart of this Contempt Order measure 7 feet X 13.5 feet, and contain a toilet and mattress. Inmates housed in these solitary confinement cells receive their meals through a slit in a solid door that has a small window at the top. You may think the photograph at the top of this blog post is of one of these solitary confinement cells that have been ruled to be inhumane. But you would be wrong. That’s because this photograph is of a shower stall in Smith State Prison in Glennville, Georgia, where my client was held for nearly three days and where, ultimately he hanged himself, resulting in his death. The shower stall measures only 3.75 feet X 6.75 feet, which makes the Georgia solitary confinement cells practically Ritz Carlton luxury in comparison. Also, as you can see, there was certainly no mattress in the shower stall, nor toilet where my client could relieve himself for three days. No ventilation, no heat, no cup of water. Just imagine.  Housing an inmate in a shower violates Georgia Department of Corrections’ Standard Operating Procedures. So does falsifying cell counts so it looks as if an inmate is in his cell when he is actually physically being illegally detained in a shower stall.  https://www.atlantainjurylawyerblog.com/files/2024/04/2024-03-07-13.58.03-300x200.jpg https://www.atlantainjurylawyerblog.com/files/2024/04/2024-03-07-13.58.49-200x300.jpg https://www.atlantainjurylawyerblog.com/files/2024/04/2024-03-07-13.58.10-300x200.jpg

Embryoshutterstock_717103207-300x300
By now we have all heard of the Alabama Supreme Court decision holding that frozen embryos are “unborn children” under Alabama State Law. This was the holding in LePage v. Center for Reproductive Medicine, issued on February 16, 2024. Although much hay was made out of a concurring opinion that quoted the Bible extensively, the primary opinion was based squarely on Alabama State Law only, specifically the Alabama Wrongful Death of a Minor Act. You can read the full, actual opinion here. 

In LePage, three couples had their frozen embryos destroyed in an incident at a fertility clinic. The plaintiffs in the Alabama case had undergone IVF treatments that led to the creation of several embryos, some of which were implanted and resulted in healthy births. The couples paid to keep other embryos frozen in a storage facility at the Mobile Infirmary Medical Center. A patient in 2020 wandered into the area and removed several embryos, dropping them on the floor and “killing them.”

The justices ruled that wrongful death lawsuits by the couples could proceed. Justices, citing anti-abortion language in the Alabama Constitution, ruled that an 1872 state law allowing parents to sue over the death of a minor child “applies to all unborn children, regardless of their location.””Nothing about the [Wrongful Death] Act narrows that definition to unborn children who are physically “in utero.”

Robert Benham and his 1984 appointment with Georgia history
On Thursday, Feb. 8, Georgia Tech’s Ivan Allen Jr. Prize for Social Courage will be presented to Retired Justice Robert Benham.  There is not a more worthy recipient. I have admired Justice Benham for my entire legal career, spanning 35 years now. I highly recommend you listen to an interview of Justice Benham by University of Georgia Professor Paul Kurtz on Youtube. It is fascinating.

Back in 2013, when I was President of the State Bar of Georgia, I had the distinct honor of giving remarks at the 14th Annual Justice Robert Benham Awards for Community Service.  That’s right. The State Bar of Georgia Community Service Awards are aptly named in honor of Justice Benham. In light of Georgia Tech’s wonderful announcement that he will be receiving its Ivan Allen Jr. Prize for Social Courage, I wanted to share again my remarks from that special day in 2013.

 Remarks of President Robin Frazer Clark at the 2013 Justice Robert Benham Community Service Awards                                                                                         

Awards
American Association for Justice Badge
Georgia Trend Legal Elite Badge
State Bar of Georgia Badge
Georgia Trial Lawyers Association Badge
ABOTA Badge
LCA Badge
Top 50 Women attorneys in Georgia Badge
Super Lawyers Badge
Civil Justice Badge
International Society of Barristers Badge
Top 25 National Women Trial Lawyers Badge
Contact Information