As I mentioned in one of my early posts, when I first started practicing law in May 1978 one of the first things I did was sign up with the roster for the Kenton County Public Defender’s Office. I thought that was my responsibility as an attorney. My brother had a very successful practice, particularly in the area of bankruptcy and personal injury, but he continued to participate as a member of the Public Defender Roster. It is about service to those who need it.
As I also told you Bob Carran called me in 1982 and ask me if I would represent a drug addict who was charged with attempting to sell his 2 year old daughter to an undercover detective with the Kentucky Attorney General’s Office. It was the only time Bob ever added, “You can say no.” But I did not. And over the years I have rarely, if ever, said no to the Kentucky Department of Public Advocacy, when I was asked to represent one of their clients. Whether it was a murder or a sexual offense I was willing to step up.
Even when Rodney Barnes called my cell phone as I was parking my car at the Capitol garage on a cold winter day in 2008 and asked me to represent Peter Hafer, who had punched his public defender in the jaw during a hearing in Scott Circuit Court, I did not say no.
But this is not about me, but it is about all the lawyers out there who do not say no. It was brought to mind by a Facebook post about Tim Nolan, an attorney and former District Court Judge from Campbell County, KY. He recently entered a guilty plea to numerous counts of Human Trafficking that will likely keep him in prison for the rest of his life. But even those we think are the most despicable are entitled to representation. I commend my log-time friend Margo Grubbs for her efforts. She is highly skilled and principled attorney who sets a great example for others in our profession to follow.
When I began working on this post, the Parkland School shooting occurred. When Nikolas Cruz made his first court appearance, I was not focusing on him, but rather Melisa McNeil, the Public Defender thrust into this madness and given the task of not only defending Nikolas, but the task of saving his life.
So why do we do this. When attorneys from the ACLU first challenged the posting of the Ten Commandments in government buildings they were condemned by many Christian religious leaders. The First Amendment guarantees of separation of church and state is important to all Americans, but it is a 2 way street and we as lawyers swear an oath to uphold the Constitution.
But that is often an onerous task. We have to bear the weight of ridicule. It is natural for this work to result in depression. When we win we still lose. We like to think that what we do is important and it is, but it does not equate to happiness. As I pumped gas at Kroger’s this morning I watched a woman get dropped off for work. As she open the door to that little 15’ x 6’ booth where she would spend the next 8 hours I wondered what that must be like. I like many others chose college and law school over manual labor. The difference is that while it may take less of a toll on our bodies it wears so heavy on our psyche. Are the rewards really worth the stress and the depression it conceives?
Today is Luke’s birthday. The memories are great. The pride he had in his father comes to mind. The pride I have in him keeps me smiling. Yes. It is worth it.
The Trials of Luke 