Monday, June 1, 2020
My house is made of candy, and sometimes I eat instead of facing my problems! – Gru, Despicable Me 2
As a nation we have problems to face, but a complacent majority seems to be turning to self-comfort and denial instead of confronting the problems head on. In the legal profession, complacency will cause the voice of the oppressed to fall on deaf ears. The greatest risk of self-regulated and unregulated professions is smug indifference to social change. As legal professionals, we are trained advocates. Trained first to advocate for ourselves and then for our clients, our students, and the protection of the rights of the commonwealth.
We took oaths to defend the Constitution and to conduct ourselves ethically. History and now recent events have proven and reminded us that silence in the face of injustice is unethical. We are not powerless to uphold law and order. We are equipped with the voice, credibility, network, skill, education, and training to effect change and to preserve lawfulness. In our silence and inaction, we become complicit in crimes and civil wrongs against those in dire need of advocacy.
Like all of us in ASP, I am a fervent advocate for my students and alumni. I want them to have sufficient bar prep resources, and fair and reasonably transparent practices in the administration and scoring of the bar exam. One of the most important things about our bar policy advocacy is that we are advocating for positions that will not affect us personally or professionally. On a daily basis, we demonstrate staunch support and fervent advocacy for a fair exam process for bar takers, even though we already hold law licenses and don’t need to take a bar exam.
In that vein, we should also be able to lend our voices to causes that may not “seem” to directly impact us. The ABA Model Rules of Professional Conduct remind us that as lawyers, we have a “special responsibility for the quality of justice.” As legal educators we are molding the next generation of lawyers. A generation that should be shaped with more than our thoughts and prayers. Last week the world witnessed a modern-day lynching by knee, with the assailant face to camera and hands in pocket. This horrific and callous homicide and all events in its aftermath will not be brought to justice on social media or in the courts of public opinion.
If the Constitution that we are all sworn to uphold means anything, then lawyers, law professors, judges, prosecutors, clerks, and peace officers will put to use their advocacy skills, training, and public reach to bring about the justice that has continued to elude people who look like George Floyd, Philando Castile, Botham Jean, Sandra Bland, Tamir Rice, Michael Brown, Alton Sterling, and others. Unless we use our voices and our knowledge of policy, procedure, and statutory construction to protect people who jog, play in public playgrounds, drive luxury autos, travel by car with their children, and eat dinner or sleep in their own apartments, we will have progressed too far down a path of Constitutional disregard.
Our houses are not made of candy, and we cannot afford to turn a blind eye to challenges to justice and equality.