State Bar Studying Judicial Choice (Denise Hoggard Commentary)

Why do drug kingpins from the cartels fear extradition to the United States more than anything? Gov. Asa Hutchinson says when he was administrator of the Drug Enforcement Agency, he learned they feared it because our judicial system cannot be corrupted. He told Arkansas lawyers he is proud of being a trial lawyer and experiencing how 12 jurors set aside their own personal biases, hear the evidence and make fair decisions. Our judicial system works.

I’m not ignoring the obvious — individual judges might fall victim to corruption, and when they do, we have experienced in this state that they are prosecuted and removed from the bench. We are all too aware of the reality that our judges and elected officials may have to endure undue pressures by those attempting to sway them with power, position or money.

But the system stands firm because of the checks and balances provided by our Constitution, including our right to trial by a jury of our peers, and because of the integrity of Arkansans. John G. Roberts Jr., chief justice of the United States, recently addressed the Eighth Circuit Judicial Conference in Rogers and reminded us that our federal judicial system has had 200 years of successfully protecting the rule of law. We can be proud of that same track record here in Arkansas.

Trial by jury is one of the key tools in our system of justice that provides a level playing field for all Arkansans. It ensures our communities, not individuals or money, retain control over our courts. It allows Arkansans to have a voice in the type of conduct we deem acceptable and, conversely, unacceptable in our communities. It gives people the opportunity to see firsthand the administration of justice and the competence of our system.

Much money has come into Arkansas from unidentified sources to fund advertising in recent judicial elections. That money and the advertising it purchased were aimed at undermining public confidence in our courts. Public confidence in the system is critical. When public confidence is threatened, the Arkansas Bar Association stands ready to protect and restore it.

The Arkansas Bar Association is a voluntary statewide professional association which has membership of about 5,400 lawyers who voluntarily pay up to $275 per year to belong. They do so largely because the organization serves the vital role of being the voice of Arkansas lawyers in the advocacy of justice for Arkansans.

Similar to our judicial system, we too have a checks and balance system within our association by way of our members being from diverse and balanced backgrounds. Our members include attorneys who represent plaintiffs, attorneys who defend those sued, solo practitioners, judges, partners or associates of large firms, in-house counsel, government attorneys and nonprofit corporate counsel, and some members work in business providing direct legal services. With our different backgrounds, experience and expertise, we come together with a common purpose and mission to ensure a fair and just system for Arkansans.

This includes being a resource to the public about the legal system. Current Bar President Eddie Walker formed the Task Force on Maintaining a Fair & Impartial Judiciary. Members of the task force come from varied backgrounds and have been thorough in studying the variety of ways in which other states select their judges. They have heard from constituencies on a state and federal level. The task force is scheduled to release a report to the House of Delegates, the bar’s policy body, at the association’s annual meeting on Friday, June 17.

In journalism school where I earned my undergraduate degree, I was taught to ask the important questions of “who, what, when, where and why.” “Why” has become critically important. We all need to be aware of the sources upon which we rely for information and how economics or personal agendas may impact the content. I have taught at universities and as an adjunct at the UALR Bowen School of Law, and I always challenge students to assess the value of the information they receive in this electronic age. When I was growing up, we relied upon the Encyclopedia Britannica as the gold standard. Now, folks rely on their favorite internet search engine, which produces a multitude of answers from myriad sources. Far too often we unwittingly take it as the gospel. By now, surely, we know that not everything on the internet is true.

The Bar Association is a trusted voice that reflects input from legal scholars and those who have committed their professional lives to the rule of law. Let’s look carefully at the assessment the task force provides come June and what steps the Arkansas Bar Association proposes from the report.

Denise Hoggard, an attorney with the Rainwater Holt & Sexton firm in Little Rock, will be sworn in as president of the Arkansas Bar Association on Friday, June 17. Email her at Hoggard@RainFirm.com.