Georgia

Politics and judgeships shouldn’t mix, but they do. Across the country judges are elected or appointed as part of the political process. Where they are elected, as they are here in Georgia, should lawyers who appear before them be allowed to contribute to their campaigns? Or, maybe the opposite makes sense, lawyers should really consider contributing since lawyers are in the best position (usually) to know which judges are better than others?

The Georgia Supreme Court is now taking a serious look at the issue. The good news is that it seems this is not a “rush to judgment”. There has been a study group and the apparently many different aspects and factors are being considered. The point I made in the first paragraph illustrates the dilemma. On one hand, is it right for lawyers who appear before a judge to contribute (or to refuse to contribute) to a judicial campaign? Does that indiciate a potential for unfair treatment (favorable for donating, unfavorable for not donating)? Perhaps? But if contributions are made to ethical candidates, then the risk is reduced. On the other hand, if lawyers are prohibited from contributing to judicial campaigns, then the contributions will come from less informed sources who may not have had nearly as much experience with the particular judge. Wouldn’t we prefer that those in the know help guide the rest of us?

This is a fascinating issue. There are lots of “workarounds”. Lawyers can (and should, in my opinion) participate actively in opinion polls about judges. Lawyers should educate their clients and friends about judicial races given the insight lawyers, at least trial lawyers, may have about certain judges. But all too often we sit on the sidelines. We know which judges are excellent and we should strive to keep them in place. This benefits society as a whole and lawyers are in a unique position to help and can, and should do their/our part.

In just over a week, the American Bar Association holds it’s annual meeting. This year it will be held in San Francisco. It is a time for leaders in all legal areas to come together, share ideas and learn from each other.

At the meeting, I will have the good fortune of being sworn in as the Chair Elect of the Family Law Section of the American Bar Association. It will truly be a privilege to serve. I have been fortunate to have had some wonderful mentors during my career, and each, without fail, have encouraged bar participation. In 1997 I served as Chair of the Family Law Section of the Atlanta Bar Association and I also will soon serve as Chair of the Family Law Section of the Georgia Bar Association.

While some may think this takes away from my practice of law, the opposite is true. My practice, including every member of our firm benefits from the leadership roles and active participation in which I, my partners and our associates engage.

Attending scores of legal education seminars each year and maintaining relationships with the finest lawyers and judges in the country keeps us all on the cutting edge. If there is a new idea, trend or significant case, we are giving ourselves every opportunity to learn about it first.

While in San Francisco, I fully intend to take advantage of everything the ABA has to offer. From Hot Tips in Family Law, to programs on presentation techniques for the courtroom, I plan to soak in as much as I can. The nice thing is, most of the other lawyers there too are similarly motivated and that is exciting. I look forward to learning from my peers and returning to Atlanta with at least a few pearls of wisdom, learned, borrowed or stolen from some of the best legal minds our country has to offer.