14th Annual Legal Ethics and Professionalism Symposium '14

Recorded February 21, 2014

Presiding

Lonnie T. Brown, Jr., Associate Dean; Cleveland Distinguished Chair of Legal Ethics & Professionalism, University of Georgia School of Law, Athens

Welcome and Introductions

Lonnie T. Brown, Jr. Rebecca H. White, Dean; J. Alton Hosch Professor of Law, University of Georgia School of Law School, Athens

COLLEGIALITY AND DECORUM ON THE BENCH

Hon. David B. Sentelle, U.S. Court of Appeals, District of Columbia Circuit, Washington, DC

PANEL DISCUSSION: JUDICIAL CIVILITY, COLLEGIALITY & PROFESSIONALISM

Judges often admonish lawyers for behaving in uncivil or unprofessional ways towards one another. This panel will consider whether such judges personally put into practice what they preach. The panelists will examine the level of civility, collegiality, and professionalism exhibited by judges towards one another, as well as towards lawyers and litigants. They will discuss, among other things, the tenor and tone of opinions, judicial responses to criticism by lawyers, intemperate courtroom behavior, and the potential effects of these types of actions on the justice system.

Moderator

  • Matt Hall, Associate Professor, University of Georgia School of Law, Athens

    Panelists
  • Bruce Green, Louis Stein Chair, Legal Ethics, Fordham Law School, New York, NY
  • David Levi, Dean; Professor of Law, Duke University Law School, Durham, NC
  • Margaret Tarkington, Associate Professor of Law, Robert H. McKinney School of Law, Indiana University, Indianapolis, IN
  • Edward Tarver, U.S. Attorney, Middle District of Georgia, Savannah

FEATURED ADDRESS: THE ETHICS OF JUDICIAL SELECTION, CAMPAIGNING AND DECISION-MAKING

Hon. Marsha Ternus, Former Chief Justice of the Iowa Supreme Court, Grimes, IA

PANEL DISCUSSION: JUDICIAL ELECTIONS

This panel will examine the ethical and professionalism issues that arise in the context of judicial elections. The panelists will discuss and evaluate the efficacy of the various models of judicial elections, as well as the ethical challenges presented by campaigning and campaign finance. In addition, the panel will consider the potential effect of the election process on judicial decision-making, including possible influence on actual outcomes and the necessity for recusal. Special attention will be given to recent judicial elections in Florida, Iowa, and Wisconsin.

Moderator

  • Richard Vining, Associate Professor, University of Georgia, School of Public and International Affairs, Athens

    Panelists
  • Charles Geyh, John F. Kimberling Professor of Law, Indiana University, Maurer School of Law, Bloomington, IN
  • Hon. Steve C. Jones, Judge, U.S. District Court, Northern District of Georgia, Atlanta
  • Joanna Shepherd-Bailey, Associate Professor, Emory University School of Law, Atlanta
  • Penny White, Elvin E. Overton Distinguished Professor of Law, University of Tennessee College of Law, Knoxville, TN

PANEL DISCUSSION: JUDICIAL MISCONDUCT

This panel will explore the apparent rise in the number of judges being subject to disciplinary scrutiny or actual discipline for misconduct on the bench. The panelists will assess the true magnitude of the problem, as well as the nature of the misconduct involved and possible reasons for the increased disciplinary attention. In addition, the panel will discuss and critique the judicial disciplinary process in Georgia and elsewhere.

Moderator

  • Lonnie T. Brown, Jr.

    Panelists
  • M. Gino Brogdon, Sr., Former Judge, State and Superior Courts of Fulton County; Henning Mediation & Arbitration Service, Inc., Atlanta
  • Jeffrey R. Davis, Executive Director, Georgia Judicial Qualifications Commission, Madison
  • Lawrence J. Fox, Crawford Lecturer, Yale Law School; Drinker, Biddle & Reath, Philadelphia, PA
  • Robert Ingram, Chair of the Georgia Judicial Qualifications Council; Moore, Ingram, Johnson & Steele, Marietta