Articles Tagged with Rule of law

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This past week I was fortunate to attend the 2026 Annual Meeting of the International Society of Barristers (ISOB) in Mauna Lani, Hawaii. I am a Fellow in this amazing trial lawyer organization, and enjoy the fellowship and camaraderie these meetings engender.  Each day begins with a formal program of speakers from all disciplines, but rarely from the actual practice of law. These speakers are there to enrich your mind and expand your capacity for thought. They make you get out of your daily rut of practicing law and put yourself into a new world that is exciting, thought-provoking and challenging. You grow as a human being. Enrichment is the goal.  This was also my last meeting serving on the Board of Governors. I have been on the ISOB Board for 6 years and now that rewarding role is now finished.

Of the numerous speakers, two were my favorites. The first was Valentino Dixon, an artist who was wrongfully convicted of murder and who served 27 years in prison in Attica, N.Y. Mr. Dixon has an amazing story. He “drew himself to freedom” after spending 27 years in prison for a crime he didn’t commit. He survived the notorious Attica Prison through his gifted hands and a set of colored pencils his uncle gave him.  One day his warden asked him to draw his favorite golf hole, No. 13 at Augusta National.  Then, his next-door cellmate gave him two old copies of Golf Digest magazine and challenged him to draw the golf holes in those magazines. Drawing up to 10 hours a day he created awe-inspiring masterpieces that evoke powerful emotions giving strength and inspiration to anyone facing a difficult time.  Along the way, he wrote 1,000’s of letters asking for help to exonerate him. Finally, Max Adler, a writer with Gold Digest, took action and helped begin an investigation that led to Mr. Dixon’s exoneration and freedom from prison. His is a truly remarkable story and I urge you to read about it. There have also been documentaries made about Mr. Dixon’s life. Mr. Dixon said that if his story could be boiled down into one phrase it would be “Don’t ever give up.”Valentino Dixon's golf drawings become center of attention at New York art show | Golf News and Tour Information | Golf Digest

My second favorite speaker was Dean Erwin Chemerinsky, Dean of Berkeley Law and the Jesse H. Choper Distinguished Professor of Law. He often writes for news organizations and the American Bar Association. He is the author of 22 books and the most knowledgeable person about the U.S. Supreme Court that I know.  This was the second time I had heard Dean Chemerinsky speak to the Barristers. Last time he predicted five things from the U.S. Supreme Court and all five of them came true. So I was very eager to hear his predictions this time. Dean Chemerinsky spoke about his deep concern about the Rule of Law in America and how close our Democracy is to collapse. He urged us to speak out and educate others about what is happening to our Democracy and to take action to prevent those who do not value it from destroying it. He also urged us to continue to protect the Judiciary from physical threats of harm and to help maintain its independence.Image of Erwin Chemerinksy | Office of the Chancellor

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I am sitting here in my office at my desk watching the Georgia Supreme Court oral arguments today, October 21, 2025, on my computer. I am able to do this because the Georgia Supreme Court televises live all of its oral arguments, even when it travels around the State of Georgia for special oral arguments. You and anyone in the world can watch oral arguments by going to the Georgia Supreme Court’s website and simply clicking LIVE Oral Arguments. It’s that easy and that simple.  And that’s exactly as it should be.

The live feed of the Georgia Supreme Court focuses on each speaker, whether it is the attorney or the Justice and identifies each Justice as they ask questions. In this way, the public knows which Justice is speaking, and can see for itself how seriously the Court takes every matter before it. And how seriously every lawyer takes being before the Court. If any citizen of Georgia ever had any doubt about how the Georgia Supreme Court operates and how seriously it takes its oath to do Justice and uphold the Georgia Constitution, watching oral arguments would quickly alleviate that doubt. The Georgia Supreme Court’s live televised oral arguments allows every Georgia citizen (and really anyone in the world who is watching) to have complete confidence in our Georgia Justice System and in the degree of due process given to everyone before the Court. Any citizen can also go in person to the Georgia Supreme Court to watch oral arguments. The Court is open to the public for good reason. All of this engenders confidence in our legal system and the Rule of Law.

Now let’s turn to the United States Supreme Court, which, in my opinion, operates in the dark, just the opposite of the Georgia Supreme Court. The United States Supreme Court does NOT televise their oral arguments live, and does NOT have an open courtroom, and this leads to doubt about what it is doing, lack of confidence in its rulings and lack of respect of the Court by the general public.  With the Court’s recent unprecedented uptick in the use of its so-called “emergency docket,” nicknamed “the Shadow Docket,” it goes further down in public opinion and confidence.

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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-

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I received a wonderful email over the holidays from Terass “Razz” Misher letting me know he had graduated from law school. The subject line of the email simply read “I graduated.” I was thrilled to read his email and so happy for him and his lovely family.20241213_164327-225x300

I first met Razz back in April 2020 when we started the podcast “See You In Court,” which is sponsored by the Georgia Civil Justice Foundation. Razz was our very first producer of the podcast and he did a wonderful job. I learned a lot about podcasts from Razz, from what type of microphone I should use to elimination of ambient noise in the room. I was introduced to Razz by my good friends Steve Lowry and Yvonne Godfrey, host of the incredible “The Great Trials Podcast.” BTW, I happened to be a guest on “The Great Trials Podcast” in October 2020 discussing my plaintiff’s $2.35 Million verdict in Fox v. Emory University Hospital. You should check it out! Anyway, they were using Razz for their podcast and suggested I hire him as well. Which I immediately did and it was a great decision. During the next few years, Razz and I spoke many times about a life in law and particularly pro bono efforts. Razz seemed to become more and more interested in what we did as lawyers and the types of cases we handled the clients we served. He started having a thought in the back of his mind that maybe being a lawyer would be right for him.  Steve and Yvonne even did an entire episode entitled “Should Razz Go To Law School?”  The answer seemed to be a resounding “yes!” Then, one day, he announces to us that we will need to find a new producer because he is going to law school! Wow! Razz said that working with lawyers and listening to stories about lawyers helping others inspired him to consider a life in the law, also, and he decided to take the leap for himself and his family. Razz hooked us up with our current producer, Phillip Hoover, leaving us in Phillip’s capable hands.  I was honored to be asked to write Razz a recommendation letter for law school and I proudly did. The next thing I know, Razz is headed to Elon School of Law in North Carolina. Three short years later Razz has graduated.  Not only that, he was also inducted into the Order of the Barristers at Elon, which is for only the absolutely top law students at that law school. The photos show Razz with his beautiful family.

I have often encouraged young folks to consider a life in the law. For me, the number one consideration was it was a profession that would allow me to be completely independent, without being beholden to any other person for support. This was my father’s requirement, i.e., that no matter what I do I must be independent. Being a lawyer certainly does that. Although my father was a pharmacist who owned his own drugstore in a small town, Sturgis, Kentucky, he told me being a lawyer would be wonderful for me because once you got your law license, no one could never take that away from you. No matter what may happen, you could always hang out your shingle like a true entrepreneur and make your own way on your brain and your work ethic, and then if you were successful, it was because of your hard work, and if you weren’t, you had only yourself to blame.  Plus, lawyers can use their license to effect change in society…real change. No one else in our legal system can serve a subpoena on another citizen and force that citizen to testify, and in a civil case, to testify even against their own interests. Only with a law license could I have obtained a Presidential Pardon from President Obama for my client who was convicted of being gay (which is obviously NOT A CRIME!) while he was serving his Country in the United States Army and who was imprisoned for two years in Ft. Leavenworth Prison. So, there is a lot to be said about being a lawyer, having a life of service to others and devoting your life to the Rule of Law. As my letterhead reads:

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