January 2011 - Lessons from Judge Johnson and Our Priorities for 2011 by John Hueston
In late August, 1991, I headed out of the house on South Perry Street in Montgomery, Alabama, for what I anticipated would be an easy one-mile walk to the federal courthouse. Twenty minutes later, I arrived at the courthouse, soaked in sweat for my first day as a law clerk for the Honorable Frank M. Johnson, Jr., a federal appellate judge. The Judge laughed when he saw me. “You’ve got to slow down and get acclimated.” The Judge himself had walked in that day and did not appear to have broken a sweat. As was typical of the Judge, he asked first about my family, meaning my wife Mae, whom I had met at college, and our daughter Tara, who was four years old. I told him that Mae, a full-blooded Navajo, had applied for the position of Executive Director with the Alabama Indian Affairs Commission. I told him that she had received an interview but did not receive an offer. He asked for details of the interview. I then told him that none of the interviewers were Native American, and all were male. At one point, an interviewer asked her to “show us a little song and dance.” Stunned by this request, she declined and the interview concluded. The Judge’s face darkened and he said nothing for what felt like minutes. He then picked up his phone and dialed. “Billy, I’d like you to meet someone. The wife of my law clerk, Mae Hueston, has a graduate degree from Harvard in education. . . . She’s looking for work for a year. . . . I agree, it’s a great opportunity.” The Judge hung up, wrote a name on a slip of paper, and suggested that Mae call “Billy.” Billy turned out to be the Superintendent of schools in Montgomery. Mae later secured a different job, but we never forgot this unsolicited act by the Judge to “make things right.”
Judge Johnson was the youngest federal judge in the nation when first appointed by President Eisenhower and had authored key desegregation decisions for over 30 years. And yet equally important to me was the mentoring Judge Johnson provided as an elder but still very active judge. During my clerkship year of 1991–92, he explained how and why his judicial philosophy defied political labels, the power of succinct opinions, and his views on effective written and oral advocacy. Judge Johnson fostered confidence and helped me form a powerful sense of judgment. At the same time, he explained (with a laugh) how he shrugged off bomb threats from the KKK and personal attacks from former Governor Wallace, he demonstrated the continued priority he placed on family and the importance of doing justice on the smallest and often unseen levels. At the age of 72, Judge Johnson made a lasting impact not only on my life but on the life of my family.
In 2011, almost 30% of the OCBA membership will be age 60 or older. A number of law firms in the county, including my own, mandate retirement as early as age 60. Our county clearly has a wealth of senior legal talent that is currently underserved and untapped by the OCBA.
This year, the OCBA launches as its priority program a Masters Section for attorneys 60 years and older. One of my own mentors, Tom Malcolm, Partner Emeritus at Jones Day, has graciously agreed to serve as the Section’s chair in its inaugural year. This section will provide senior lawyers with the opportunity and means to mentor younger attorneys and to contribute broadly to the OCBA community. Targeted services will include seminars for continued client development as well as training and placement for pro bono work. The section will also provide unique social and networking events for members of the Masters Section, including dinner meetings focused on work, health and lifestyle issues of concern to attorneys 60 and older. In conjunction with the Senior Division of the LA County Bar, the OCBA Masters Division will host events featuring participants from southern California’s milestone trials and legal events. But the OCBA will not launch programs without input and direction of our target community. One of our first acts will be to survey our target community to determine specific areas of interest and needs from those eligible to become members of the Masters Section.
The OCBA in 2011 will also undertake four additional initial priority areas. I will address these areas in greater detail in future President’s pages, but in brief they address the following key concerns:
- Junior lawyers, particularly at large firms, are increasingly less likely to gain trial experience in their early practice years. Organizations such as Legal Aid have clients with small cases, such as unlawful detainer actions, that often go to trial but lack volunteers.
Plan: A Small Case/Trial Program
Create a Small Case/Trial Program, conduct outreach with firms interested in providing trial experience to junior attorneys, and then connect prescreened pro bono cases with volunteer attorneys.
- We have entered an unprecedented competitive climate for legal work. Starting in early practice years, attorneys must learn and continue to adapt to the business of law.
Plan: A Transition and Business Development Focus
Offer targeted seminars designed to assist lawyers in different transition stages such as government attorneys moving to the private sector as well as training in methods to build a book of business.
- The California budget crisis will continue to threaten resources for our judiciary.
Plan: A Responsive Voice for our Judiciary
Meet regularly with state and federal judges in the coming year to identify emerging compensation and budget issues and then deploy OCBA resources to support our judicial community.
- The OCBA will soon be paying $18,000 per month for rented space that is inadequate for member needs.
Plan: A Cheaper and Better Home
The state of the commercial real estate market presents a unique opportunity to buy a larger facility with more member amenities at a lower monthly cost than our current monthly rental rates. We will seek to secure the future of the OCBA with an OCBA facility that represents an investment and a lasting resource for all OCBA members.
Thanks to its dedicated board and the work of presidents past, the OCBA is one of the finest and most responsive bars in the country. But to borrow from Winston Churchill, “[t]o improve is to change. To be perfect is to have changed a lot.” I look forward to hearing your ideas for suggested areas for improvement and focus for the OCBA.
John Hueston is 2011 President of the Orange County Bar Association and a partner with Irell & Manella LLP specializing in white collar criminal defense and business trials. He can be reached at jhueston@irell.com.
