Vol. 78, No. 5, May 2005

Protecting Our Justice System

by Michelle A. Behnke

"Anybody can become angry - that is easy; but to be angry with the right person, and to the right degree, and for the right purpose, and in the right way - that is not within everybody's power and is not easy." - Aristotle

When people become angry at the wrong person and to the wrong degree and for the wrong reasons, then events take place such as those reported in recent news headlines: the murder of a federal judge's mother and husband, the murder of an Atlanta judge and court reporter, and the Los Angeles incident in which a defendant slashed the arm of his public defender. Such anger also produced the political attacks on the state and federal judges who were called on to decide the numerous cases and petitions concerning Terri Schiavo.

The anger and frustration toward our justice system and those working within that system, including judges and lawyers, is palpable. But as Aristotle said, anyone can become angry. Lawyers and judges must apply the problem-solving skills that are the hallmark of the legal profession to help the public understand the value of the legal system and the roles of all the people who work within the system. I believe that if the public has a better understanding of the system and if the public values the system, even if individuals don't think the system touches their lives on a daily basis, the anger will be diminished. If the anger is diminished, I believe that we reduce and ultimately eliminate the acts of anger directed at the wrong people and to the wrong degree.

Several years ago, the State Bar embarked on an effort to improve the public's perception of the legal profession. Some members have criticized the effort as just a "warm and fuzzy love-a-lawyer" public image campaign. The goals of the "Branding the Profession: Educating the Public About the Value of Lawyers" effort are more substantive than that, focusing on lawyer expertise, problem solving capabilities, and community involvement. This program is aimed at helping people understand that lawyers assist them with good (but sometimes complicated) and bad or traumatic life events. The public needs help understanding the underpinnings of our system. Why do we need defense attorneys? Why do we have certain standards of proof? What is the role of the judge? What is the role of juries? We must teach respect for the system and for all of those who work within it, including prosecutors, defense attorneys, bailiffs, court reporters, and judges. If the public doesn't understand and value our justice system, the public will not be willing to fund and support it. (For a toolkit to use in educating the public about the value of lawyers, go to www.wisbar.org/brand.)

Education about our justice system must be a life-long process. It must start early as part of the grade school experience. The education must continue in high school, college, and most importantly into adulthood. How many times have you heard an adult tell you how he or she needs a way to get out of jury duty?

The good news is that this education is already underway. Our Law-related Education (LRE) Committee as well as several other committees work to provide a wide range of programming to help teach young people about the legal system. Programs like Court with Class, Mock Trial, and On Being 18 are some of the most well known. Collectively, these LRE programs represent one of the largest program expenditures within the State Bar budget. (For more information about the Bar's LRE programs, visit http://www.wisbar.org/LRE.)

As we move forward we need to strengthen these programs and consider other ways to educate the public. Lawyers and judges need to try to reach a wider audience, and perhaps we need to be more forceful in our message. The State Bar needs to measure the effectiveness of its programs to ensure that the goal of increased education is being achieved. If we as an organization don't make a more concerted effort to increase public understanding of the justice system, the role of judges, and the role of lawyers, the news headlines will not get better anytime soon.

This educational obligation falls to all of us. The State Bar needs you to be a part of this educational effort. Speak to community groups, work on a Law Day project, or present programs to children in your schools. Write letters to the editors when legal issues arise in the news. We all must take up this obligation to educate and to use every opportunity to share our knowledge.

Wisconsin Lawyer