Today I am proud to present to you a tribute to Congressman John Lewis written by my summer law clerk, Austin Weatherly. Austin will begin his law school journey next month as a 1L at University of Georgia School of Law. He did his undergraduate work at New York University and then spent the last few years working at Turner Broadcasting. It has been our pleasure having Austin with us this summer, sometimes in person at the office and sometimes virtually via Zoom. I have known Austin and his family most of his life and he has proven himself to be an outstanding young man, a kind and caring person who treats others as he would have them treat him. This will serve him well as a Georgia Lawyer. We know Austin is going to do great things at UGA Law and later in the practice of law. We will look forward to following his career. Now, enjoy his tribute honoring Congressman John Lewis.
My name is Austin Weatherly, and I am currently serving as Robin’s law clerk. I was born into the congressional care of John Lewis. Until his passing, he had been my congressman my entire life. To me and my family he served as an example of the hard work required by a true patriot. Lewis exhibited a brand of patriotism rooted in realizing the potential and promise of America. He dreamed of a nation framed by the constitution, and built on freedom and equality. In an effort to honor John Lewis I have prepared this brief remembrance.
A neat thing happened last week in DeKalb County State Court as I was striking a jury. I’m not sure if anyone else noticed it or appreciated it, but I certainly did. The judge had called in 60 potential jurors to go through “voir dire,” or jury selection, in my case. DeKalb jurors are some of the most diverse citizens of any county in Georgia, and that wonderful diversity was in full display during jury selection. What really caught my attention was there was an interpreter for one of the jurors. This juror could not speak English, at least not fluently enough to be able to understand detailed questions about her thoughts and feelings about money damages in civil cases, medical malpractice cases in particular.
It was apparently arranged in advance, because by this woman’s side was an interpreter. The trial court judge needed to swear in the interpreter first, before swearing in the actual juror. The oath an interpreter must take states that she will truthfully and accurately translate from English to whatever language that juror spoke and back again. The trial court, before swearing in the interpreter, asked “It is Amharic? Is that correct?” The answer was yes. And so the judge swore in the interpreter with the oath that she would truly and accurately translate English into Amharic and Amharic into English. That being accomplished, the interpreter then translated not only the juror’s oath to the woman, but also every question asked of the panel.
I was fascinated by the fact that the subject language was Amharic, with which I was not at all familiar. It is spoken principally in the central highlands of the country. Amharic is an Afro-Asiatic language of the Southwest Semitic group and is related to Geʿez, or Ethiopic, the liturgical language of the Ethiopian Orthodox church; it also has affinities with Tigré, Tigrinya, and the South Arabic dialects. This doesn’t surprise me at all, as DeKalb County is Georgia’s most diverse county. DeKalb is primarily a suburban county, and is the second-most-affluent county with an African-American majority in the United States, behind Prince George’s County, Maryland, in suburban Washington, D.C. As of the 2010 United States Census, there were 691,893 people, 271,809 households, and 161,453 families residing in the county. The population density was 2,585.7 inhabitants per square mile (998.3/km2). There were 304,968 housing units at an average density of 1,139.7 per square mile (440.0/km2).The racial makeup of the county was 54.3% black or African American, 33.26% white, 5.12% Asian, 0.4% American Indian, 4.5% from other races, and 2.39% from two or more races. Those of Hispanic or Latino origin made up 9.8% of the population. In terms of ancestry, 5.9% were English, 5.2% were German, and 3.5% were American.
Many of you know that during my presidency of the State Bar of Georgia in 2012-2013, I made mental health of attorneys, and their family members, a primary concern. I have taken every opportunity presented to make us more aware of the stresses that attorneys face just in their daily practices and the toll that has on them and their family. We created the “How to Save a Life” Suicide Prevention Program and we know we have been successful in preventing some attorney suicides. But we also know we need to continue to effort. Often, an attorney reaches out to me about a partner in the firm, or a partner reaches out to me about his son, or counselors reach out to me to see how they can help. I am also thankful and proud that Jonathan Ringel, the Editor of The Daily Report, graciously gives me and others space in the newspaper to write about suicide prevention and to keep the conversation going. This is the only way we will eliminate the stigma of mental illness that prevents so many from reaching out for help. And help is easily available, through our Lawyers Assistance Program (800-327-9631) and the State Bar’s Lawyers Living Well Initiative. The National Suicide Prevention Hotline is 1-800-273-8255.
And so I was honored to be asked to participate in a podcast on the mental health of lawyers by Miles Mediation. Both Editor/Journalist Jonathan Ringel and Stacey Dougan, a lawyer turned therapist, joined in the discussion as moderated by Miles neutral, Bianca Motley Broom, and CMO, Marcie Dickson. I urge you to listen and to share with your family members, friends and colleagues. It will be worth your time. And just by listening, you may save a life.
Last night I had the honor of introducing the recipient of the 2018 Stonewall Bar Association Conspicuous Service Award Winner, Judge Alex Manning. We had a wonderful evening with several hundred of my closest friends in the Fabulous Fox Egyptian Ballroom. Judge Manning gave an incredible, inspirational acceptance speech. I did not have all the time I wanted to introduce her. She has an awe-inspiring personal story and she is an example of service to her community. To further honor Judge Manning, I want to share my full introduction of her here. I am proud to know Judge Manning and proud to call her my friend. What a great night!
|ALEX MANNING INTRO STONEWALL BAR ASSOC. DINNER NOVEMBER 1, 2018 BY ROBIN FRAZER CLARK||11/01/2018|
It is my distinct pleasure and proud honor to introduce to you tonight, the recipient of the Stonewall Bar Association Conspicuous Service Award, the Honorable Alexandra Manning.
Judge Alex Manning is a Judicial Officer in the Family Division of the Superior Court of Fulton County. She presides over some of the most contentious and sensitive calendars in Fulton County, including Child Support Contempt, TRO’s and Name Changes. She consistently and with the utmost respect for the rule of law and for the dignity of all those who appear before her, Judge Manning presides with both a firm hand and compassion. Judge Manning often handles name change petitions for transgender persons. Those who are seeking gender affirming name changes are often the most marginalized in our society and so come to court, understandably, vulnerable, with fear and intimidation of the formal court procedures. Many expect a judge who has little interest in helping them achieve their goal and even less understanding of why they desire to do so in the first place. You can imagine most of their reactions when they meet Judge Manning, who treats them with the dignity and respect they deserve but which they have rarely experienced by the government. Even though in 2018 we are still seeing some Superior Court judges refusing to grant a name change to a transgendered person out of some misguided personal beliefs, Judge Manning is not only a breath of fresh air in a sometimes-stagnant environment but is also the standard bearer for how judges should treat all citizens who come before them.
Judge Manning constantly demonstrated her support of the LGBTQ community before taking the bench. As a practicing lawyer she participated on a pro bono basis as co-counsel in a same gender marriage case in Dooly County, prior to the passage of Obergefell v. Hodges, in which she was able to protect the rights of a surviving spouse married in Washington, D.C., at a time when Georgia did not recognize same gender marriages. She also represented one of the first transgender individuals in the process of playing as a competitive NCAA athlete on the team that matched with gender identity. In her practice as a family lawyer she made handling second parent adoptions for LGBTQ parents a priority, even when not all Georgia court were even permitting second parent adoptions by a person of the same gender as the original adoptive parent.
Long before her legal career, Judge Manning established herself in law enforcement. She was a pioneer as one of the first waves of female certified firefighters in DeKalb County. She then went onto become a lead narcotic agent in the Georgia Bureau of Investigations and was appointed to the Governor’s Strike Force. She then became a Detective and K-9 handler and received both a Medal of Valor and Police Officer of the Year. While obtaining her undergraduate degree from Mercer University, Judge Manning worked as Senior Investigator with the Fulton County District Attorney’s Office in the Crimes Against Women and Children Unit and also at the Douglas County Public Defender’s Office. She then went to Vermont Law School and graduated in May 2006.
I first met Judge Manning when I was introduced to her at Lawyers Club by her loving partner, Lisa Liang. Lisa had wanted us to meet after learning I had successfully represented an Army Veteran in obtaining a Presidential Pardon for his military conviction of Conduct Unbecoming an Officer. His so-called unbecoming conduct was having a homosexual relationship with another man in the Army. My client was convicted and served two years in Ft. Leavenworth Prison and then was dishonorably discharged. After six years of representing him, we were overjoyed when we received word from the Pardon Counsel in the Department of Justice that President Obama was pardoning my client. As it turns out, Judge Manning endured a very similar episode in her life. Years before she distinguished herself as a GBI narcotics agent and before she was a Medal of Valor recipient and before she was named Police Officer of the Year, and before she became a respected judge on the Fulton County Family Court bench, she was discharged from the United States Army while a private. The reason for her discharge? Failure to adapt to military standards, which is Army speak for she was gay. Judge Manning disclosed this for the first time to attendees at a Vermont Law School conference on what was then the Federal policy on gays in the military, “Don’t Ask Don’t Tell (DADT). After revealing her long-kept secret, Alex began advocating for the repeal of DADT, including nationwide petitioning institutions of higher learning to ban military recruiting on campuses until DADT was repealed. Vermont Law School was one of the first to do so. Alex continued this important advocacy in Georgia until DADT was finally repealed in 2011.
Can you imagine an American citizen wanting to serve her Country and being told the only reason she won’t be allowed to do so is who she loves? Sounds crazy, doesn’t it? But, although DADT has been abolished, and although same gender citizens may now be married in any state in the United States, it would be wrong to say we are out of the woods of discrimination and we don’t ever have to worry about that again. We need look no further than to our current Administration’s constant threat to reinstitute a ban on gays and transgendered people in the military. Or the current Justice Department’s intervening in a private employment lawsuit arguing that the ban on sex discrimination in the Civil Rights Act of 1964 does not protect workers on the basis of their sexual orientation. Or the recent sentencing of a gay man to death by a South Dakota jury because sending him to prison for life would be sending him “where he wants to go and he shouldn’t be able to spend his life with men in prison.” The United States Supreme Court refused to grant the defendant’s certiorari petition on the basis of what was clearly anti-gay bias of the jury. Thus, you see why we must continue fighting the good fight.
In last year’s Pena-Rodriguez v. Colorado, 137 S. Ct. 855, 868, 197 L. Ed. 2d 107 (2017), Justice Kennedy wrote that “racial bias [is] a familiar and recurring evil that, if left unaddressed, would risk systemic injury to the administration of justice. This Court’s decisions demonstrate that racial bias implicates unique historical, constitutional, and institutional concerns. An effort to address the most grave and serious statements of racial bias is not an effort to perfect the jury but to ensure that our legal system remains capable of coming ever closer to the promise of equal treatment under the law that is so central to a functioning democracy.” Until we can easily substitute “sexual orientation bias” with “racial bias” in this sentence, we have not realized the Constitution’s promise of justice for all.
So, it is not hyperbole to say Judge Manning is a true American hero, for her example, for her sacrifice, for her honesty and openness, for her dedication to equality and to justice for all. She is exactly who we want on the bench, who can bring to bear her toughness forged by personal struggle but tempered with deep compassion. And it is with that courage in mind that tonight we fittingly honor Judge Alex Manning.
Please join me in congratulating Judge Manning.
Robin Frazer Clark is a trial lawyer who 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, a Past President of Georgia Trial Lawyers Association, a Past President of the Lawyers Club of Atlanta and has practiced law in Georgia for 30 years. She is a member of the International Society of Barristers and of the American Board of Trial Advocates. 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.
We are about to reach the 100 day milestone of the current POTUS, and with that come many criticisms and many “attaboys.” It’s all in the eye of the beholder. This POTUS is the first in a string NOT to be a lawyer. When you think about that, the fact that he is not a lawyer, nor has he ever served in any public service role, means he has had no formal training in the Constitution nor in either drafting, interpreting or applying legislation. These are things that lawyers do every day, day in and day out. That is pretty obvious. What may not be at the forefront of your mind when thinking about lawyers is the professionalism displayed by lawyers every day. Not only must lawyers as professionals in the practice of law abide by certain formal ethical rules and rules of professionalism, they must also insure they practice with a certain courtesy and respect for their opponents and for the judicial system that other people, say, real estate tycoons, for example, do not. So as we approach that 100 day marker for the POTUS, I have been thinking of a few things that POTUS, a non-lawyer, so far has failed to demonstrate consistently in the last 100 days and what he could learn from lawyers…things I think would naturally serve him, his administration and most importantly, the people of the United States, well.
- Be Impeccable With Your Word. A lawyer’s ability to advocate successfully for his or her client is only as good as his or her credibility, and credibility directly flows from being able to count on what a lawyer says as being true. No half-truths, no hedging the truth, no embellishment to make your facts seem just a little bit better than they really are. A lawyer must always tell the truth in all dealings or risk complete ineffectiveness, or worse, a client’s, or an opposing counsel’s, or a judge’s (gasp!) not being able to believe what the lawyer is telling them. Once that happens, all is lost. You may have heard this referred to as “your word is your bond.” The Cambridge Dictionary defines this as “If someone’s word is their bond, they always keep a promise.” Nothing is truer for a lawyer. Lawyers even have a duty of candor to the court to inform the court of case law or precedent that goes against their client’s position in court. Can you imagine a salesperson having to tell a customer that he could actually sell a car to you for less than what you, the customer, is willing to pay for it? Of course not, but lawyers are required to act with that much candor and honestly at all times before the Court. The ideals of professionalism in the practice of law are aimed at ensuring our profession remains a “high calling” and not “just a business like any other,” enlisted in the service not only of the clients, but of the public good as well. “A Lawyer’s Creed,” developed by the Chief Justice’s Commission on Professionalism (the Commission), states it as thus: “To the courts, and other tribunals, and to those who assist them, I offer respect, candor, and courtesy. I will strive to do honor to the search for justice. ”
- Never Take Anything Personally. I think this is good advice for everyone, but especially lawyers must behave like this and are expected to do so. Trial lawyers must always do their jobs in an adversarial situation. By definition, there will also be another lawyer representing the opposing party in a lawsuit trying his or her level best to prevent you from succeeding. Think how hard this is! If we were talking about the profession of medicine and using surgery as our analogy, no other surgeon comes into an operating room to try to prevent the operating surgeon from performing the surgery successfully! No other doctor comes in and tries to kill your patient! But that is precisely what occurs in the practice of law. Every time I represent a client there is an opposing counsel trying to prevent me from succeeding. It’s pretty stressful, but would be even worse if the lawyer takes his opposing counsel’s efforts personally. The opposing counsel is just trying to do his job well, too. That’s all. And The Lawyer’s Creed requires lawyers to promise this to opposing counsel: “To my colleagues in the practice of law, I offer concern for your welfare. I will strive to make our association a professional friendship.” We also are required to make this promise: “To the opposing parties and their counsel, I offer fairness, integrity and civility. I will seek reconciliation and, if we fail, I will strive to make our dispute a dignified one.” Temper tantrums and other demonstrations of pettiness and “unsportsmanlike conduct” have no place in the legal profession. Following a trial, adversaries shake hands, regardless of the outcome. I have never had a problem shaking the hand of my able adversary when he or she has conducted himself or herself with integrity and professionalism throughout the litigation. It honors our justice system and your opponent. As Shakespeare wrote in “The Taming of the Shrew,” “do as adversaries do in law, strive mightily but eat and drink as friends.”
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. 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
Friends: Tomorrow, we citizens of Georgia, get the opportunity to exercise one of our sacred rights: the right to vote. I urge each of you to do so.
Other than serving on a jury, voting may be the single most important thing you do as a citizen. During my personal injury trials I often tell a jury that a vote on a jury is even more powerful than a vote in an election because as a jury member, your vote is one of twelve, and in an election, your vote is one of thousands. But elections have consequences, and as responsible citizens we Georgians must vote our consciences to try to shape the consequences rather than simply complain afterwards.
The United States Constitution, in Article VI, section 3, stipulates that “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” The Constitution, however, leaves the determination of voting qualifications to the individual states. Over time, the federal role in elections has increased through amendments to the Constitution and enacted legislation, such as the Voting Rights Act of 1965. At least four of the fifteen post-Civil War constitutional amendments were ratified specifically to extend voting rights to different groups of citizens. These extensions state that voting rights cannot be denied or abridged based on the following: