Articles Posted in Judiciary

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It seems to be in vogue with some trial judges currently to allow jurors to ask questions of witnesses after both sides of the litigation are finished asking their questions. This is currently a hot topic due to the Tex McIver trial, currently being tried in the Fulton County Superior Court in front of Judge Robert McBurney. Judge McBurney, rather famously, permits jurors to ask questions of witnesses after questioning by the prosecution and the defense counsel.  Presumably, Judge McBurney allows this practice in civil cases as well as criminal cases, although Superior Court doesn’t see as many civil cases as criminal.  All felonies in Georgia must be tried in Superior Court.  The practice of Judge McBurney allowing witnesses to ask their own questions was discussed extensively before the trial in a podcast produced by the AJC called Breakdown. It is hosted by veteran legal affairs journalist Bill Rankin and I highly recommend it.  In that podcast, defense counsel Bruce Harvey gives his opinion on why it is not only a bad practice to allow jurors to ask questions, but, also, why it is probably unconstitutional.  For example, we all know that the 5th Amendment of the Constitution gives a criminal defendant the right to remain silent, even throughout the trial, so that the government must prove guilt beyond a reasonable doubt without any assistance from the defendant. Harvey, rightfully, preposes the hypothetical of a juror asking “Why didn’t the defendant take the stand to tell us what happened?”  Of course, the judge is not going to permit that question to be answered, but the jurors (or at least the one juror who asked that question) will know the judge didn’t approve it and wouldn’t permit it to be answered, and the bias that answers “why” is naturally because the defendant must be guilty. So simply by denying that juror’s question, the 5th amendment constitutional right is implicated and violated because it was allowed even to be raised in court.

There has lately been alot of discussion in social media about this among lawyers, too.  You can find some of this discussion on Twitter at #texmciver and in the comments on Facebook where WSBTV is livestreaming the trial.  If I were to take a poll, I think the vast majority of trial lawyers is against the practice for the reasons stated above. Also, other websites are livestreaming the same WSBTV feed, like wildabouttrial and lawandcrime.   Both of these websites have a comments section where viewers can post their comments about the trial. It is pretty fascinating, especially for court enthusiasts like me.  On Facebook, there have been some thought-provoking comments about allowing jurors to ask questions of witnesses.  Below are just some of the comments I have seen:

“I think there are two questions that judges should ask themselves before considering this. 1). Why would I allow jurors to ask questions? Whatever the answer is (to help the jurors clarify any issues that the holder of the burden of proof has not clarified, etc). 2). If I am am being a neutral, unbiased referee, should that matter to me?”

Image result for juror as hero                   Image result for you're my hero
Yesterday I was in the Chicago O’Hare airport after taking the deposition of a defense expert anesthesiologist at the University of Chicago and sat down for lunch next to a nice couple from the Boston area.  We started talking and I, of course, told them I am a plaintiff’s personal injury trial lawyer from Atlanta in Chicago for the purpose of taking an adverse expert witness’s deposition. They were mesmerized. We talked a bit about the case which led, predictably, to their telling me about their personal experiences with both the Criminal and Civil Justice Systems.

The husband of the nice couple told me about  his experience in serving on a criminal jury as the foreperson. Like most folks facing jury duty, at first he was upset about missing work, resented being herded around the courtroom like cattle and being kept in the dark about what was happening, and was overall just unhappy about being forced to take part in the entire process.  Yet, as the testimony came in and the trial moved on,things, including his attitude, changed.  The case was about a man, the defendant, who allegedly had abused his three year old son.  The man had taken his son away from the child’s mother’s home but the mother wasn’t even aware of it. The evidence against the father was, apparently, overwhelming.  My new buddy, who was telling me about his experience, was picked to be the foreperson of the jury. He immediately felt an enormous weight on his shoulders to do the right thing. Not all of the jurors at first wanted to convict, even though he felt the evidence to do so was overwhelming.  Some of the jurors wanted to hear some of the testimony again, some of them wanted to see pieces of evidence again. They wanted to be sure.  In the end, the jury voted unanimously to convict. My new friend said that when he read the verdict out loud in the courtroom, he felt an enormous sense of duty and pride. He felt moved to tears. The jurors, to a person, took their duty very seriously and followed the court’s instructions unwaveringly.  He felt like he was the little boy’s hero.  Now, looking back, he hopes he’ll get the chance to serve on a jury again.  Both he and his wife said that if they were ever the parties in a trial, they would want people like themselves serving on their jury.

Fascinating story, but I’m not surprised. This is often the story I hear from people who have served on juries, criminal or civil.   The sense of duty is extremely strong. By serving on a jury, you are breathing life into the United States Constitution and doing your part as a citizen to make our judicial system work. Without jurors, the system would collapse and we would cease to be a democratic nation.  Jurors ensure that a person’s constitutional rights to a fair trial by a jury of his or her peers is protected.  That is not overstating things. And something about being in the formal courtroom, where lives are at stake, where injured plaintiffs seek to have the harms done to them balanced by damages from the wrongdoer, makes that sense of honor and duty to your nation come alive. Jurors are the heroes of victims of crime and of those citizens who are personally injured through no fault of their own. The courtroom is the great Equalizer, where the son of the richest man in America is the equal of a homeless person, and where the smartest graduate of Harvard University is the equal of a high-school drop-out. All persons are treated equally in a court of law.

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Some recent headlines about trial judges behaving badly and a recent bad experience I personally experienced at trial last week have me thinking about this:  what should you expect from a trial judge?  Competency?  Fairness?  Mercy?  Understanding? Knowledge of the rules of evidence? Impartiality? Experience? Ability to stay awake during the trial? Maybe all of the above?

I only half-jokingly included in the desired traits list above the ability to stay awake on the bench.  Just this week an Illinois appellate court ruled that the fact that the trial judge slept through some of a murder trial did not automatically result in a reversal of the conviction or warrant a new trial.  That sleeping jurist claimed he had not actually fallen asleep but was simply resting his eyes. “If I was not looking at the video, that does not mean that I was not listening and hearing everything that was being said,” said O’Connor, who called the motion “disgusting,” according to a transcript cited in the appellate ruling.  So Justice may be blind but it doesn’t have to be awake?

The question of what should we expect in a trial judge also has been hotly debated this week when the Senate Judiciary Committee approved a judicial appointee of POTUS for a Federal trial bench opening in Alabama. The reason for the outrage among lawyers about the judicial nominee is the fact that he is only 36 years old, has never tried a case and has practiced law for only 3 years. Many have called him “clearly unqualified” to take the trial bench and that his appointment is “laughable”. He has literally never tried a case!  Can’t we all agree that to be able to preside competently over a trial by jury, make life-changing decisions of what evidence gets in and what evidence doesn’t, decide whether a litigant receives a constitutionally protected fair trial, that the trial judge should at least have tried a case before?

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I’ve got jury duty and I can’t wait!  Said no one ever (except maybe lawyers who almost never get to serve on a jury).  You have just received your jury summons, making an already bad day worse. Now what do you do?

  1.  Show up at court.  When you receive a juror’s summons, it is an actual summons for you to appear in court. Failure to appear in court at the correct time can place you in contempt of court. Don’t make matters worse by failing to appear.  I have seen different courts handle this in different ways, ranging from a mere scolding by the trial court judge to payment of a fine. The trial judge can even hold you in contempt and threaten you with jail (although I have never seen this happen, and state court judges are elected so I doubt it ever will happen).  A trial judge in 

    Virginia recently gave 200 people who had been summoned for jury duty but who had failed to appear a lecture on the importance of the role of the jury in our judicial systems. “Jurors perform a vital role in the American system of justice,” Circuit Judge Jerrauld Jones told him at Friday’s court hearing, noting that the Founding Fathers thought they were so important, they put jury trials in the Bill of Rights.  “Jury trials prevent tyranny,” Jones said.  Judge Jones was, apparently, in a generous mood as he forgave their $100 fine and several people exclaimed “Thank you!” and “Bless the Lord!” when Jones told them he was dismissing the cases against them.

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Judge Horace Ward. Photo by John Disney/Daily Report.

Judge Horace Ward. Photo by John Disney/Daily Report.

I have just learned that Judge Horace Ward has died. He was a true Civil Rights Legend. There will never be another Horace Ward. We owe him a debt of gratitude for all he endured and accomplished. He truly left the world a better place.  In his memory, I am reprinting below my letter to the Editors of the Daily Report and the Atlanta Daily World written on the occasion of his retirement in 2012. God bless Judge Ward.

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Do we elect our judges in Georgia?  That seems like a yes or no question, doesn’t it. But in the words of Coach Lee Corso, “Not so fast!”  Why is that hard to answer?  Because it depends.

You may have seen in the news a recently filed lawsuit challenging the Governor’s appointment of three newly created positions on the Georgia Court of Appeals.  The basis of this challenge to the gubernatorial appointments is that the Georgia Constitution requires judges to be elected. The Georgia Constitutional provision the challengers are relying on states:  “All justices of the Supreme Court and the judges of the Court of Appeals shall be elected on a nonpartisan basis for a term of six years.”  While the Constitution does provide the governor with the power to appoint persons to vacancies “in certain circumstances,” those circumstances are limited in the Constitution to “death, resignation, or otherwise,” the suit said.

That language “shall be elected” seems pretty strong, doesn’t it?  “Shall” has always been interpreted in legal parlance to be mandatory. No ifs, ands or buts.  So the challengers seem to have a point, right?  The exception to the mandatory election is only “death, resignation or otherwise.”  It does not say in the case of a newly created position on the bench.   Many Georgia voters may assume we elect our judges.  But the truth is the Governor gets to appoint a vast majority of judges.  For example, if a judge retires prior to the completion of his or her term, the Governor has the right to appoint that judge’s successor.  Only if a judge completes his or her term of office until the next election will the voters of Georgia actually elect that judge’s successor. Are you wondering whether the judge in your county was elected or appointed?  That information is readily available. And consider this:  if the Governor appoints someone to fill a vacancy on the bench, then that person will run as an incumbent in the next election. As a practical matter, it is extremely difficult to beat an incumbent judge in Georgia. So the power of appointment by the Governor is pretty important.

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Lawyers Club of Atlanta
 
 From the President

I share with you my recent tribute to a wonderful man and judge, Judge Herbert Phipps, Chief Judge of the Georgia Court of Appeals.  Judge Phipps will, at the end of this month, hand over the position of Chief Judge of the Court to Judge Sara Doyle, and so it is a proper moment to acknowledge his work and lifetime of public service and take stock in the sort of person we have had at the helm of the Court.  Enjoy.

Greetings, Friends!

          I have been extremely fortunate to have served in leadership positions in many bar organizations, and if there is one common theme to that experience, it is the intangible reward of getting the opportunity to get to know and work with some of Georgia’s greatest leaders in our beloved profession. People who, but for my work alongside them in some bar association, our paths might never have crossed. Once such person is Judge Herbert Phipps, a Past President of the Lawyers Club of Atlanta (and first African American President).  When I think of Judge Phipps¸ I do not first think of his shining public service as the current Chief Judge of the Georgia Court of Appeals (the busiest appellate court in the United States, as Judge Ellington will remind us), but rather of his humanity and the example his life offers to us.

Over the years, I have enjoyed talking with Judge Phipps about his life and his place in the world. Many of these conversations happened over a drink at Lawyers Club. I would listen intently to stories told as only Judge Phipps can tell them, and then would ask him to tell one more, because they were so enthralling. It is not hyperbole to say that some of the stories Judge Phipps has told me seemed so outrageous I thought they had to have been made up.  But they were all true. Running through all the stories is the common thread of Justice:  Justice for the minority, justice for the disenfranchised, justice for the “little guy.” And Justice is one subject Judge Phipps knows much about.  Judge Phipps was raised in Baker County, Georgia, a county so segregated that for years he didn’t realize that white children went to school, too. It was a place where racism was so open that lawyers would use a racial epithet to describe their own clients in court.  While in college, Judge Phipps was active with the Student Nonviolent Coordinating Committee and the Southern Christian Leadership Conference during the civil rights movement.  During this time he was working on voter registration in Albany, Georgia and was jailed for several days in a cell next to Dr. Martin Luther King.  Judge Phipps’ only crime was being in a phone booth at night.  He was never charged and was ultimately released.  Dr. King shared the meals, brought to him by church ladies, with Judge Phipps.   Injustice was all around him.  But he could see that if one had the power of the law behind him, he might be able to turn around some of that injustice and start spreading the sweet richness of Justice, instead. So he decided to go to law school.  As he so poignantly described in his address when he was named Chief Judge, “I decided that if I get ready, maybe my moment will come.”  And so he got ready by becoming a lawyer. The only lawyer even willing to speak to him about a job after law school was (now famous) civil rights lawyer C. B. King in Albany, Georgia.  Mr. King hired Judge Phipps and so began an historic career of service in the Georgia Bar.

          If I have not yet convinced you about what kind of human being Judge Phipps is, ponder these words from Judge Phipps’s 2013 Law Day speech:

“For generations, lawyers have been at the forefront of the fight for equal justice. Yet, there is still a gap between the theory and the practice of equality. Lawyers must continue to be in the vanguard of the struggle to close that gap. While we are grateful for the gains that have been made, and for those who helped to make them, the question before us on Law Day 2013 is: What are you and I doing to finish the work that remains to be done? As lawyers and judges, we have the special training to do more public good than does a member of any other profession. This profession entrusts us with awesome power, from which flows great responsibilities. Often we will find that justice in the most fundamental sense is being denied persons in our presence, in our community, and in our state. Yet many who have the power and influence to do the right thing, and to encourage others to do likewise, will look the other way, or not even care. A good lawyer is sensitive to the injustices of society, and accepts a reasonable share of responsibility for correcting them. Obviously, one lawyer cannot right every wrong. But do not underestimate what one committed person can do to make the Dream a reality – Equality for All.”

That’s the kind of person who has led Lawyers Club of Atlanta and who may be the person you sit next to at the bar while enjoying a libation expertly prepared by Kenny Smith.  Who else might you meet there?  Maybe the lawyer who, after having been refused admission into the University of Georgia law school, later represented the person who integrated the college? Maybe the first Jewish lawyer to serve as President of the Lawyers Club?  Maybe the first woman lawyer to win a state-wide race for a seat on the Georgia Court of Appeals?  Maybe the lawyer who, as a young student at Emory University, marched against white racists and hatred in Forsyth County in the ’80’s?  Maybe the lawyer who founded the Diversity Program of the State Bar of Georgia?  Maybe the lawyer (now Judge) who defeated a sitting judge who would make litigants kneel in court and pray to Jesus Christ prior to trial, regardless of the litigants’ faith?  Maybe the lawyer who shared a jail cell with Dr. Martin Luther King, Jr.?  Whoever you find yourself with, as my good friend and LCA member Judge John Ellington would do, ask them “What’s your story?”

A Rising Tide Lifts All Boats,

Robin Frazer Clark
President, Lawyers Club of Atlanta

Robin Frazer Clark pursues justice for those who have personal injury claims as a result of being injured in motor vehicle wrecks, trucking wrecks, defective products, defective maintenance of roads, premises safety, medical malpractice and other incidents caused by the negligence of others.  Ms. Clark is the 50th President of the State Bar of Georgia and a Past President of Georgia Trial Lawyers Association and has practiced law in Georgia for 26 years.  Mrs. Clark is listed as one of the Top 50 Women Trial Lawyers in Georgia and is a Georgia Super Lawyer.  Robin Frazer Clark~ Dedicated to the Constitution’s Promise of Justice for All.

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Lawyers Club of Atlanta
Newsletter – May 2015
 
From the President

The Bridge Builder

An old man going a lone highway

Came in the evening, cold and gray,

To a chasm vast, both deep and wide.

The old man crossed in the twilight dim;

The swollen stream was as naught to him;

But he stopped when safe on the farther side

And built a bridge to span the tide.

“Old man,” said a fellow pilgrim near,

“You are wasting your strength in labor here;

Your journey will end with the closing day,

You never again will pass this way.

You’ve crossed the chasm deep and wide

Why build you this bridge at eventide?”

The laborer lifted his old gray head,

“Good friend, in the path I have come,” he

said, “There followeth after me today

A youth whose feet must pass this way.

This chasm which has been naught to me

To that young man may a pitfall be.

He, too, must cross in the twilight dim.

Good friend, I am building this bridge for him.”

– Will Allen Dromgoole

 

Greetings, Friends!

When Past President Edward Krugman handed me the Lawyers Club of Atlanta gavel last May, I told you then I had some pretty big shoes to fill. And that is where I find my thoughts now as I pen my last President’s Message as your President…contemplating the shoes of others I have stood in during the last 27 years of practicing law.

I am here standing in the shoes of so many other lawyers who led and cleared the path for me and for you. As we gather in May to honor our 50-year members, which has always been one of my favorite meetings, it is appropriate that we consider those who blazed the trail before us, branch by branch, so that our path might be just a bit smoother. Here are just a few examples of Georgia Trailblazers, in whose shoes I have stood the last 27 years:

Chief Justice Carol Hunstein-1st woman Chief Justice of the Georgia Supreme Court. Justice Hunstein contracted polio when she was two, survived her first bout of bone cancer at age four, lost her mother at age 11, married at 17, became a mother at 19, and a single mother by age 22. That same year, Justice Hunstein lost a leg to cancer and was told by doctors she had only a year to live. But that didn’t stop her from getting her law degree. She opened a private law practice in Decatur in 1977 and, spurred on by a trial judge who repeatedly called her “little lady” in open court, Justice Hunstein decided to run for the bench. She defeated four men and in 1984 became the first woman elected to the DeKalb County Superior Court. She has served on the Georgia Supreme Court since 1992.

Judge Anne Workman: When she graduated from Emory Law School less than ten percent of the class of 1972 – one hundred in number – were women, as were less than four percent of all lawyers in the nation. The downtown law firms came to the Emory campus for employment interviews with the male students, but would not interview the women students at all. Judge Workman’s first attempt to get a legal job after law school was fruitless, but she recounted it very humorously. She had always loved criminal law and wanted to be a prosecutor when she graduated from Emory. She approached the district attorney at the time about employment in his office. Judge Workman recalled:   “He told me in a very matter of fact manner that there were some places a woman did not belong and that a courtroom was one of them. But that was alright because I could have a baby and he couldn’t. It was not the reasoning I had hoped to hear; but in one way it was helpful as it provided a considerable amount of focus and direction to me to prove him wrong. You take motivation where you find it. It took twelve years, but in 1985 when I was sworn in as a state court judge, I saw him and reminded him of our long-ago conversation. I remarked that I must belong in a courtroom now because it had my name on it.”

Sr. Judge Horace Ward– In 1979, Judge Horace Ward became the first African American federal judge in Georgia, having been nominated by President Jimmy Carter. He had previously served in the Georgia State Senate and as a State Court and Superior Court judge in Fulton County.   Since 1993, Judge Ward served the Northern District of Georgia in senior status. He is also well known in Georgia history from his efforts to gain admission to the then-segregated University of Georgia Law School in the 1950s. For years, the Board of Regents denied Judge Ward admission to the law school, stating that the fact that no black had ever been admitted to the university was merely coincidental. Meanwhile, the Board of Regents decided to “modify” the admissions criteria by requiring that candidates take an entrance exam and that they get two additional letters of recommendation-one from a UGA law school alumnus and the other from the superior court judge in the area where the applicant resided.   Judge Ward filed suit against the Board of Regents to gain admission, which, after years of delay, was eventually dismissed on the basis that Judge Ward had “refused” to reapply under the new admissions guidelines (which Ward’s attorneys had argued was yet another ploy to keep Ward out). Judge Ward decided not to appeal and attended law school at Northwestern University, from which he graduated in 1959. In what can only be described as a moment of poetic justice, Judge Ward was a member of the legal team representing Charlayne Hunter and Hamilton Holmes when they were admitted as the first African American students at UGA, thus ending 175 years of segregation at the university.

Judge Clarence Seeliger– Judge Seeliger was a trailblazer for racial justice and equality. He hired the first African American employee of DeKalb County State Courts and courageously removed the Confederate flag from his courtroom at great personal risk. Judge Seeliger made it clear that no one, not even judges, was above the law. Dr. Martin Luther King, Jr. said, “There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right.” Seeliger’s life embodies that principle.

Each time a barrier is removed in the leadership of our courts, our Legislature, our profession, a door opens to a new generation of potential great trailblazers, which might include the next Horace Ward, the next Carol Hunstein, the next Clarence Seeliger or the next Anne Workman. Some very big shoes, indeed.

Please be sure to join us on Wednesday, May 20, as we honor our 50 year members who, also, have some pretty big shoes for us to fill. Come and celebrate 17 lives well lived and 17 legal paths blazed. Our 50-year members stand as beacons to promote the cause of justice, to respect the rule of law and to protect the rights of all citizens of the State of Georgia. In this example we should all take pride.

 

A Rising Tide Lifts All Boats,

Robin Frazer Clark,

President

2014-15

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Lawyers Club of Atlanta
Newsletter – February 2015
 
 From the President

Friends:

           I sat down at the bar at Lawyers Club the other night with my good friend and Past President Hal Daniel, the sole endeavor in mind being to enjoy a cup of cheer together following a long day at the office. After we ordered our “usuals” and eagerly awaited Kenny’s expert renditions, instead of the usual “How are you doing?, Hal asked me the following question: “What have you done today to make someone else’s life better?” Intriguing. What followed was a genuine reflection of my day and Hal’s to see if we could honestly lay claim to such a noble endeavor as making someone’s life better rather than just barely making it through a hard workday unscathed and still standing and breathing.

            The question brought to mind one of my favorite stories about one of my heroes, Justice Robert Benham. My service as President of the State Bar fortunately provided me many opportunities to spend time with Justice Benham and hear many wonderful stories about his life growing up in Bartow County. Before I share this wonderful story with you, let me give you a little background on the Honorable Robert Benham as a reminder and to set the stage.

            Justice Benham distinguished himself as the first African American to win statewide election in Georgia since Reconstruction. In 1989, Justice Benham was further distinguished as the first African American to serve on the Supreme Court of Georgia, following his appointment by Governor Harris.

            He also made history both as the first African-American to establish a law practice in his hometown of Cartersville. In what can only be described as something straight out of a movie, when Justice Benham would walk down the street in Cartersville to go to the Bartow County Courthouse, many fellow African Americans would come out of their homes and out of their places of work to follow him down the street. The shouts of “Attorney Benham’s going to court,” “Mr. Benham’s going to court” could be heard as they followed their hero, then “Attorney Benham”, to the courthouse, because they knew Attorney Benham was going there to stand up for the little guy, the underdog, which they, undoubtedly, felt they also were. Attorney Benham became for many African Americans the embodiment of justice, and although he was walking to court to represent one specific accused person, dozens of other citizens felt he was also representing them.

            Justice Benham’s first lesson of service to others probably came at the hands of his mother, who insisted that he shine shoes at the local barber shop. His mother had this view that if you ever plan to lead people that you must be willing to serve them first and there’s no more humbling experience than being down on your knees shining somebody’s shoes. As she said, “If you do that you won’t be full of yourself.”

          So Justice Benham as a little boy, with his brothers, shined shoes at Bob Cagle’s barber shop. As I have heard Justice Benham say, “the American Dream is that a black child from Cartersville who shined shoes in a barber shop can grow up and shine in the Halls of Justice.”

            Which brings me to the story that Hal’s question to me that night at Lawyers Club brought to mind. In the Kennesaw State University Department of History and Philosophy Summer Hill Oral History Project, Justice Benham described his family’s origins for insistence on service to others. “Family meals were not optional, they were required. A blessing was said at every meal and the children, my two brothers and I, were required to say a Bible verse. We could not say the same Bible verse anybody at the table said and we could not use the same Bible verse during that week, and that was required. There was no television on, and we were the only family in the neighborhood who had a television, but you did not watch TV while you were at the family meal and you engaged in discussion. Daddy would always ask, “Well, what are you going to do today?” And then we knew what was coming next, “What are you going to do today for somebody else?” That was at every breakfast.”

            “What are you going to do today for somebody else?” Quite a lesson that Justice Benham never forgot. Years later, Dr. Martin Luther King, Jr. would say that life’s most persistent question is “What are you doing for others.” Life’s most persistent question has been the hallmark of Justice Benham’s life.

            One of the hallmarks of the profession of law is a recognition that along with the privilege to practice law comes a duty to subordinate financial reward to social responsibility. We will celebrate many of our fellow lawyers who have done just that by offering themselves to public service through service on the bench at our cocktail meeting this month on Wednesday, February 18. Please come and thank our honored judiciary for their service. You won’t want to miss it.

           Hal’s question was a good one to ponder and so I ask it of you, my fellow Lawyers Club of Atlanta members: What have you done today to make someone else’s life better?’

            Let’s have a drink together soon at the club to discuss.

                                    Cheers,

                                    Robin Frazer Clark

Robin Frazer Clark 

President 2014-15  

The last two Fridays I have spent speaking at Continuing Legal Education Seminars sponsored by the Institute of Continuing Education. My topic:  Ethics and Professionalism.  In preparing for both presentations, I couldn’t help but think about a dear departed friend who was the embodiment of Ethics and Professionalism, Judge Ed Carriere.  I recall as one of the highest honors of my year serving as President of the State Bar of Georgia the day I accompanied Chief Justice Carol Hunstein to Judge Carriere’s home and with his wife, Jane, present, Chief Justice Hunstein published the resolution below. It gave me goose bumps then and it does now in the remembering of it. I wish everyone could have known Judge Carriere. Certainly, everyone who did was changed for the better. I share with you the Joint Resolution honoring Judge Carriere. Georgia Seal The Supreme Court of Georgia

Whereas: The Honorable Edward E. Carriere, Jr. has rendered more than four decades of service to the justice system and the legal profession in the State of Georgia; and

Whereas: Judge Carriere earned his law degree at Loyola University in California and was admitted to the State Bar of Georgia in 1971; and