page 1MC Mound City News - Clover...

B Y E R I C K E N D A L L B A N K S ,P A R T N E R ,

T H O M P S O N C O B U R N , L L P

Concern about the small numberof African-American partners inlarge St. Louis firms has promptedan initiative involving the largest St.Louis area law firms, law schools,corporations and the judiciary. Thedynamics of the local situation havebeen studied extensively for approx-imately a year, and a plan for actionwill be developed this spring. Theultimate goal is to have our largestlaw firms better reflect the demo-graphics of thecommunities thatthey serve. Butdoes that goalmake good busi-ness sense?

Since 1975, itis estimated thatlarger St. Louislaw firms havehired more than125 African-American internsand associates.Only four of thesehave been pro-moted from associate to partner.There are more than 600 partners atthese firms. Approximately eightare African-Americans. It is gener-ally accepted that the status quo

does not reflect well on our firms orour region. Just like a rising tidelifts all ships, the economic climateof the St. Louis legal communitywill be enhanced when we receivenational recognition as an area thatfirmly embraces the idea that diver-sity is a business, in addition to amoral necessity. And the businesscase for diversity is evolving withincreasing clarity.

The Minority Corporate CounselAssociation’s Creating Pathways toDiversity Research Report onRecommended Diversity Practicesfor Law Firms (Blue Book) summa-rizes the business case for diversity as

follows:With corporate law

departments growingmore diverse and thesedepartments nowexpressing more concernabout the efforts of lawfirms to increase thenumber of minoritiesand women on theirstaff, law firms that onlypay lip service to diver-sity will pay a stiff eco-nomic price. Law firmsthat do not take diversi-ty seriously are already

losing money by:1. Forfeiting the best legal

talent to competitors by doingnothing about the unaccept-ably high levels of attrition

among all attorneys, which dis-rupts client relationships andthe firm work environment;

2. Paying high recruitmentcosts for diverse candidates,money squandered when thoseattorneys leave within fouryears for a more supportiveenvironment or more attractivepositions at law firms or in-house departments;

3. Sustaining damage totheir reputation from discrimi-nation litigation, which gener-ates negative publicity andincreases the cost of recruit-ment and retention of newassociates;

4. Not receiving the fullreturn from employees, eitherby failing to make diversity astrategic advantage in tappingemerging markets or by failingto increase productivitythrough more open communi-cation and problem-solving;and

5. Sustaining work envi-ronments out of step with cor-porate clients, who increasing-ly may request that moreminority and women attorneysbe assigned to their work.

To remain profitable, elite lawfirms must increase their diversityefforts because corporate clients con-

IN THIS ISSUE:50th Anniversary of Brown v. Board of Education: Facing History With Courage 1MC

The Business Case for Diversity at Large Law Firms 1MC

Why Minorities Are Still in the Minority at Majority Law Firms 2MC

Used Car Dealers and African-American Consumers 2MC

Making the Transition From Attorney to Commissioner in the Family Court 3MC

Greetings from the SLU Black Law Student Association 4MC

Member Profile 3MCOrganization of Interest 4MCOpinion Box 8MCReferrals 5MCUpcoming Events 11MC

page 1MCSupplement to Legal Communications Corporation, April 2004

Mound City NewsBreaking Barriers, Building Bridges

B Y M A R G A R E T B U S H W I L S O N

“History, despite its wrenching pain, Cannot be unlived, but if faced With courage, need not be lived again.”

-Maya Angelou

It is quite astonishingto me that three monthsfrom now, May 17,2004, will mark the50th anniversary ofBrown v. Board ofEducation of Topeka.I’m surprised by joy thatI am alive, well andlucid. I simply didn'texpect to live this long!

My hero isCHARLES HAMIL-TON HOUSTONbecause he was thegenius and brilliantarchitect and strategist of theNAACP thrust, which inexorablyled to the decision in Brown.

Houston was a man of extraordinarybrilliance. He was valedictorian ofhis 1915 graduating class fromAmherst College. Later, he attendedHarvard law school and was the firstAfrican-American editor of theHarvard Law Review. He was virtu-ally a protégé of Felix Frankfurter,

one of his law profes-sors, who later becamea U.S. Supreme Courtjustice.

Between college andlaw school, World WarI erupted. Houston wasa First Lieutenant inthe U. S. Army andserved in France withthe all-black Ninety-Second Division. Theracial humiliations heendured there madehim decide to studylaw so he could fight

back. (See Brown v. Board ofEducation, “Caste, Class and theConstitution” by Cottrol, Diamond

and Ware, University Press ofKansas, 2003, p. 55)

Houston served as law professor,vice dean and dean of HowardUniversity law school between1924 and 1935. He was teacher,mentor and father figure to a cadreof law students who completedtheir legal education at Howard andbecame the phalanx of lawyers whobattled in the courts for equal rightsand fair treatment for descendantsof the freed persons. Among theselawyers was the first African-American to sit on the SupremeCourt of the United States and oneof the lawyers in the Brown case,namely, Mr. Justice ThurgoodMarshall who was named originallyThoroughgood Marshall. As a littleboy he found that name much toolong to write so he changed it toThurgood.

Other lawyers of this phalanxwere Oliver Hill, SpottswoodRobinson, Robert Carter, JamesNabrit, Louis Redding, JackGreenberg, Constance BakerMotley, George E.C. Hayes, Louis

50th Anniversary of Brown v. Board of EducationFACING HISTORY WITH COURAGE

Editor’sBox

I would like tothank all thewriters whoc o n t r i b u t e darticles for thefirst edition ofMound City

News. It is only through theefforts of our members that thenewsletter is a success. In addi-tion Mound City Bar wouldlike to express their apprecia-tion to the staff of the St. LouisDaily Record for their hardwork and patience, especiallyLinda Meyers and Sue Tedesco,for without their assistancethis newsletter would not havebeen possible.

Please remember the articles inthis newsletter reflect the views ofthe authors and are not necessarilythe views of the Mound City BarAssociation.

Questions? Concerns?Comments?

email: [email protected]

Mound City Bar Executive Board 2003 -2004

Judge Hope Whitehead - PresidentKim Franks, Esq. - President ElectMarvin Teer, Esq. - Vice PresidentJoan Miller, Esq. - Corresponding

SecretaryPhyllecia Reed, Esq. - Recording

SecretaryLeslie Tolliver, Esq. - TreasurerAnnette Slack, Esq. - Member at

Large (practicing over 5 years)Rolanda Johnson, Esq. - Member at

Large (practicing under 5 years)Shelby Watson, Esq. - Historian

MargaretBush Wilson

The Business Case for Diversity at Large Law Firms

RolandaJohnson

See BROWN, page 10MC

See DIVERSITY, page 4MC

Mound City Bar Association Newsletter

April 2004

Eric Kendall Banks

B Y H O P E W H I T E H E A DP r e s i d e n t ,

M o u n d C i t y B a r A s s o c i a t i o n

As my grandmother use to say: “Ifyou always do, what you always did,then you will always get, what youalways got.”

That was my reaction to an articlerecently published in the St. LouisBusiness Journal titled “Women,minorities remain in the minority atlaw firms.” According to the St. LouisBusiness Journal, the five largest lawfirms in St. Louis have “eight AfricanAmerican partners out of 498 part-ners.” On the associate level the arti-cle looked at eight large law firms inSt. Louis and noted they have a com-bined total of 63 minority associates.The writer failed to mention the totalnumber of associates at these firms,but one can assume it is more than498. In fact, standing alone, BryanCave has more than 500 lawyers.Since these law firms only had 50minority associates in 2001, thewriter noted this as an improvement.But is it really?

Ten years ago the St. Louis BusinessJournal wrote the same story entitled“Minority partners scarce at area’slarge law firms” (Feb. 28-March 6,1994). In that story, the writer quot-ed national lawyer recruiter consult-ant Aaron Williams, who said,“[t]here are only 26 minority lawyersamong 1,399 lawyers at the 21 largestlaw firms here.” On the partner levelonly .6 percent of the partners inthese firms were minorities. Further,Mr. Williams compiled his data in1991 and expressed doubt that therehad been any change in the percent-age in the “last three years.” It is notthat these law firms aren’t trying hardto achieve diversity. If you look attheir Web sites you will find thatthey all say they are committed todiversity. In fact, they have recruit-ment committees and subcommit-tees, advisory boards, internships andjob fairs, but nothing seems to work.The numbers are the same, year, afteryear, after year.

Should the numbers change? Isdiversity important? Or is this justthe bemoaning of another African-American lawyer who didn’t getaccepted to a silk-stocking law firm?While that may be true, law firmsneed to learn what corporationslearned a long time ago. Diversitymakes good business sense.Corporations understand that diversi-ty should be an integral part of doingbusiness anywhere, particularly in aglobal economy. That is why corpora-tions today have more diversity thanthe law firms they hire to representthem. They know that they are com-peting for market share in a multicul-tural environment, and in order tosurvive they must find new marketsevery day. To help them achieve theirgoals, increasingly, the corporateclientele is demanding more diversityfrom their legal department. StaceyMobley, senior VP chief administra-tive officer and general counsel forDupont, stated: “A multiculturalteam helps corporate management tocommunicate with and relate to aricher variety of consumers. A cultur-ally diverse legal department also lit-igates smarter. When a company triesa case in a racially and ethnically

diverse environment, the jury mostlikely will be similarly diverse. Byreflecting the jury composition in thediversity of its legal team a corpora-tion will be better able to identifywith jurors and thus not appear as anoutsider.”

Law firms also need to recognizethat the world does not look as it did50 years ago. More and more minori-ty-owned corporations are appearingon the Fortune 500 list. These busi-ness owners generally seek moreminorities for their work force. Lawfirms who represent people of diversecultures and ethnic groups must bemore than just aware of the culturaldifferences. They must have empathy.You must understand where theycame from before you can advise themon where to go. Also, the minorityclient would like to identify with hislawyer. This will be hard to do if theclient perceives the lawyer’s firm ashostile to minorities.

In addition to making good busi-ness sense, diversity is good for thelaw firm. Diversity increases moral. Itprojects an atmosphere of inclusion,and it encourages retention. An in-depth study by the MinorityCorporate Counsel Association(“MCCA”) found thatthe “major reasons forthe alarming attritionof attorneys of color areisolation, the lack ofmentors, and the lackof opportunity.” In alaw firm where busi-ness is generated bycultivating relation-ships, it is difficultbeing “the only one”or “one of a few.” Thisfeeling of isolation canadd stress to an alreadystressful job. Isolationeventually leads toexclusion, and exclu-sion leads to a jobchange. Attrition iscostly to a law firm.

Lastly, diversity inlarge law firms is goodfor St. Louis. Toincrease its attractive-ness and appeal to vis-itors, businesses andprospective residents,St. Louis needs a repu-tation of diversity andinclusion. Businessesthat want to relocateto St. Louis need toknow that St. Louishas the work force tosustain them. To com-pete with bigger cities,St. Louis has to pre-vent the “brain drain.”

We have to reducethe exodus of our newgraduates to Chicago,

New York and California. Large lawfirms need to be good corporate citi-zens to St. Louis. The St. Louis arealaw schools continue to produceminority graduates every year, but thelarge law firms here are not hiringthem. Eventually, that could lead toprospective students declining toattend St. Louis law schools becausethere is no market for them aftergraduation. Also, the graduates whomight have relocated here are forcedto find work elsewhere. The St. Louiseconomy will lose another income-producing, revenue-generating indi-vidual to another city.

To become more diverse, law firmsmust first abandon the antiquatedhiring practices that have yet to pro-duce measurable results. Law firmsneed to stop defining “highly quali-fied applicants” by GPA or lawreview. The MCCA states that“[w]hile these credentials are accept-able measures of academic perform-ance by a law student, they have yetto be proven reliable yardsticks tomeasure success as a practicing attor-

ney.” The recruiter should be evaluat-ing whether this student can be arainmaker. Is this student a quick-thinking, highly resourceful individ-ual who would appeal to a jury? Didthe student advocate for himself well,and could he manage in highly stress-ful situations?

In addition to evaluating hiringpractices, law firms should considermore lateral hires to increase diversi-ty. Hiring practicing minority attor-neys with a proven history of resultsprovides mentors for the new minori-ty attorneys and increases minorityrepresentation on the managementlevel.

Lastly, to increase the “highlyqualified” applicant pool, law firmsshould network more with the minor-ity bar associations. We could co-sponsor events that will attractminority students and practicingattorneys. The Mound City BarAssociation is an untapped resourcefull of young, bright, talented stu-dents, lawyers and judges who arecommitted to diversity at every level.We invite you to take the diversitychallenge with us. Let’s work togeth-er and ensure that 10 years from nowthe St. Louis Business Journal has some-thing new to report.

While there are many roads todiversity, they all start with commit-ment. If the law firms are truly com-mitted to this effort, they will find away.

As my grandmother also use tosay: “If you want something to hap-pen that has never happened before,then you are going to have to dosomething that you have never donebefore.”

Why Minorities Are Still in the Minority at Majority Law Firms

Hope Whitehead, MCBA President

Supplement to Legal Communications Corporation, April 2004MC

M E S S A G E F R O M T H E P R E S I D E N T

To become more diverse,law firms must first aban-don the antiquated hir-ing practices that haveyet to produce measura-ble results.

B Y C O M M I S S I O N E R

R O B I N R A N S O N V A N N O YF a m i l y C o u r t , S t . L o u i s C i t y

I was administered the Oath ofOffice as a family court commissionerfor the 22nd Judicial Circuit in thecity of St. Louis on Dec. 27, 2002. Itook the bench on Jan. 2, 2003. Mylegal experience includes service as apublic defender and prosecutingattorney in the adult and juvenilecourts of St. Louis County. Eventhough my education and prior workexperiences gave me the legal insightand background needed to do the job,nothing could have prepared me forthe emotional and personal toll thataccompanies the job of juvenile courtcommissioner.

The juvenile court has jurisdictionto hear any case involving a childunder the age of 17 that has beencharged with a criminal offense, achild under the age of 18 who hasbeen neglected, termination ofparental rights and adoptions.

Generally, the attorney for thedeputy juvenile officer files petitionsin both criminal and neglect cases. Ifthe case involves a criminal allegation,the public defender is usuallyappointed to represent the child at thechild’s initial detention hearing. Thisis the first contact I have with theaccused prior to any pretrial confer-ences or trial dates. The only issue atthe detention hearing is whether thejuvenile should be detained orreleased to the custody of a parentpending trial. These hearings do notreach the merits of the case. However,the severity of the charge, the lengthof the child’s history with the courtand the parent’s or custodian’s abilityto provide proper supervision pendingtrial are factors that are considered inthe decision to release or detain thejuvenile.

Typically, the nextstage in a juvenile courtcriminal case is a trial.In the juvenile court,there are only bench tri-als. The trial consists oftwo phases. The firstphase is the adjudica-tion. During the adjudi-cation, facts and evi-dence are presented, andvictims and witnessesare allowed to testify.Usually the victimsenter the courtroomupset and agitated, as the commonimpression of the juvenile system isthat even if the allegations are foundtrue, there is not much that can bedone to a juvenile found to be delin-quent. If the allegations are found tobe true, the case moves to the secondphase — disposition. Victims areallowed to give a victim impact state-ment in the disposition phase; howev-er, rarely are victims able to fullyexpress the anger and disgust of beingviolated by children in their very owncommunity.

Most of the crimes seen at thistime in the juvenile court involve carthefts, driving stolen vehicles andassaults on school property.Unfortunately, a significant numberof the accused are black malesbetween the ages of 12 to 15. If thematter is adjudicated as true, usuallyfor a first offense, the child is placedon official court supervision and pro-bation. The case is then reviewedevery 30 to 90 days to monitor thechild’s compliance with the rules ofsupervision.

One of the most common compo-nents of the child’s probation is thathe/she pays restitution. The court hasa restitution program in which juve-niles can complete community serviceto earn money towards their restitu-tion obligations. However, due to

financial limitations, the juvenilecourt can only award $250.00 per vic-tim. In most of the car-related offens-es, the victims’ losses exceed thatamount. It is quite difficult to explainto the victims that while the court canenter judgments against the youngoffender or his parent in an amountexceeding $250.00, the court cannotensure satisfaction of said judgment.This situation often leaves victimswithout adequate insurance, shoul-dering an enormous financial loss.

The greatest challenge I face withcriminal matters is how to strike abalance of fairness to all partiesinvolved, by providing a sense of reas-surance to an adjudicated youth whofeels that everyone is against them,and at the same time making victimsfeel as if they have been heard andsomewhat restored.

I have found that while on proba-tion, many kids are successful duringthe first 90-day review period.However, soon thereafter, the behav-ior begins to deteriorate. Most ofthese children have poor school atten-dance, poor grades, are involved insubstance abuse and have a generalsense of hopelessness. Many of theseyoung men and women come fromdifficult family situations. Many arein single-parent households, somecome from families in which one or

both parents have had several arrests,convictions and/or incarcerations,while others come from familieswhere there have been referrals to theMissouri Department of SocialServices, Children’s Division, regard-ing allegations of abuse and neglect.

In abuse and neglect cases, theMissouri Department of SocialServices, Children’s Division, preparesan affidavit alleging that a child iswithout proper care, custody and con-trol. An ex parte order of temporaryprotective custody is entered withinthe first 24 hours of a child’s removal.The attorney for the deputy juvenileofficer, upon receipt of the affidavit,files a petition alleging neglect. Aprotective custody status hearing isthen held within three days of thechild’s initial removal. This informsthe court of the minor’s temporaryplacement and allows a formal reviewof the causes for removal.

Neglect cases are usually quitehostile, in that you have a parent orcustodian who has been accused ofneglect and whose child has beenremoved from the home. Unlike thecriminal cases in which offenses arecodified, neglect is a gray area in thatthere are no specific statutes to define

page 3MCMound City Bar Association, April 2004

Making the Transition from Attorneyto Commissioner in the Family Court

Robin Ranson Vannoy

See COMMISSIONER, page 8MC

m e m b e r p r o f i l eMeet MCBA Member Sreenu Dandamudi

B Y R O L A N D A J O H N S O N , E S Q

Mound City Bar memberSreenu Dandamudi, a burgeoningmember of the legal community,has emerged as a competent lawyerand a rising community activist.

Sreenu is the son of Jhansy L.Dandamudi and Babu R.Dandamudi. In 1975, when only asmall child, Sreenu and his parentsmoved from India to St. Louis.Sreenu’s younger sister, Neelu,soon followed, and his mother,Jhansy Dandamudi, cared for thefamily as a homemaker. The movefrom India occurred so Sreenu’sfather could begin his medicalcareer. In St. Louis BabuDandamudi worked at the formerHomer G. Phillips hospital andcurrently serves as the medicaldirector for the BellefontaineHabilitation Center. He is also onstaff at the Missouri VeteransHome of St. Louis.

Sreenu, who has lived in St.Louis since he was a toddler, grad-uated from Parkway West in 1990.He went on to attend theUniversity of Illinois (Urbana-Champaign) in 1993, where hemerited a bachelor’s degree in his-tory. In 1998, Sreenu earned hismaster’s in international affairsfrom American University and hisJuris Doctorate from WashingtonUniversity School of Law in 2001.

After receiving his J.D., Sreenuworked for the Missouri AttorneyGeneral’s Office (AGO) and repre-sented several professional licens-ing agencies, including theDepartment of Mental Health, theState Board of Pharmacy, theMissouri Board of Nursing, theCommittee for ProfessionalCounselors and the Department ofSocial Services (Division of ChildSupport Enforcement).

In January, Sreenu resigned as

assistant attorney generalto run for state representa-tive of the 64th District.Currently, Rep. BobHilgemann represents the64th district; however,term limits preventHilgemann from seekingre-election. The openinghas given Sreenu theopportunity to be thevoice of his communityand address concerns ofthe local constituency.Sreenu has built a plat-form that consists of pro-tecting our public educa-tion system, supportingtort reform for Missouri’sphysicians, supportingMissouri’s workers andprotecting our environment. Formore information, visit SreenuDandamudi’s Web site:www.sreenu2004.com, where

details of his campaign are out-lined, and questions/comments arewelcomed.

Even though my education andprior work experiences gave methe legal insight and backgroundneeded to do the job, nothingcould have prepared me for theemotional and personal toll thataccompanies the job of juvenilecourt commissioner.

B Y M I T C H E L L B . S T O D D A R D ,A t t o r n e y a t L a w

Almost everyone is famil-iar with those scenes from thenature shows where we see ahungry lion, lurking in thetall grass, eager to pounce onan unsuspecting zebra orgazelle. The lion patientlywaits until the timing is justright, then he suddenly leapsfor his victim’s exposedthroat. By the time the poorzebra has time to realizewhat’s going on, it’s too late— he has just become lionfood. This analogy fittinglyapplies to car dealers whospecifically target African-American consumers withone purpose in mind: to walkaway with as much money aspossible while selling theleast quality vehicle possible.

The first thing these“predators” will look for is apoor credit history. Have youever visited a dealership onlyto be immediately asked foryour driver’s license? Thesalesman really wants to seeyour license so he can do acredit check on you. Now,you might think that if yourcredit is bad the salesman willnot want anything to do withyou. Nothing could be furtherfrom the truth. The worse yourcredit rating, the hungrierthe salesman gets for yourbusiness. In a used car sales-

man’s mind, bad credit trans-lates to a higher interest ratewhich, in turn, means a high-er kickback from the financecompany. Suffice it to say thatbad credit (combined with asteady job) is the perfect mar-riage in the eyes of a used carsalesman.

There are so many ways aused car salesman can rip youoff, there is not enough paperin the world to print all thewords. Here are a few exam-ples, however, of situationswhere a car dealer will stealyou blind if given the oppor-tunity:

The “I Need A SecurityDeposit” Scam

Have you ever decided ona vehicle, only to be told bythe salesman that you firstneed to make a refundablesecurity deposit before he canstart to look for financing?Then, after the salesman can-not find the rate you asked foror the financing falls throughaltogether, the salesman tellsyou for the first time that thatsecurity deposit is non-refundable. This is fraud,pure and simple, and it needsto be stopped. Yet, one deal-ership local to the St. Louisarea routinely engages in thistype of fraud, almost exclu-sively against African-American consumers.

Complaints to the BetterBusiness Bureau and theAttorney General’s Officehave failed to stop this dealerfrom swindling people thisway. About the only way peo-ple can ever hope to get theirmoney back is by filing a law-suit.

The “Your Warranty HasExpired” Scam

Another common tacticused by car dealers to cheatconsumers is offering a short-term warranty (perhaps 30days) on aused vehicle,then refus-ing to per-form repairsafter 30days, eventhough theproblem(s)s t a r t e do c c u r r i n gwithin thew a r r a n t yp e r i o d .Federal war-ranty lawrequires thedealer torepair alldefects that occur outside thewarranty period if the defectsfirst arose within the warrantyperiod. Similarly, a dealer canbe held responsible for defectsthat are not even covered by

the warranty at all, understate law implied warranties.The only exception ariseswhen the dealer sells the vehi-cle “as is” and offers no war-ranties at all, limited or oth-erwise. In this case, there islittle recourse available to theconsumer, unless the dealercommitted outright fraud bymisrepresenting the condi-tion of the vehicle at the timeof sale.

The “Your Title Is In TheMail” Scam

Most consumers are notaware that it is a violation ofstate law to sell a vehiclewithout providing propertitle at the time of the sale. Inmany instances, a car dealer

will notwait to receive title beforeselling a car, as to do so couldmean losing out on somebusiness. A dealer may nothave title for any number ofreasons: 1) the person trad-

ing-in the vehicle has lost it;2) the auction house has notyet mailed it to him; 3) thereis a technical glitch that mustbe corrected; or 4) the vehiclewas stolen, and the dealer isnow trying to “launder” it. Ineach of the examples above, itis considered an act of fraud ifthe car dealer sells the carwithout providing title at thetime of the sale, regardless ofwhether the dealer thoughthe was providing good title ornot.

Lemons, OdometerRollbacks and OutrightFraud

Finally, many used cardealers will not hesitate tosell vehicles that have sufferedmajor damage in the past,including wreck damage, firedamage, flood damage andodometer rollbacks. Whilesuch prior damage is sup-posed to appear on the face ofthe title, many such vehiclesenter Missouri from out-of-state, and the title gets“washed” once the vehiclecrosses state lines. In such acase, it is still possible to tracethe vehicle’s title historythrough a service called“Carfax.”

Carfax can be found onlineat http://wsf.carfax.com.

Mitch StoddardConsumer Law Advocates1000 Executive ParkwaySte. 224St. Louis, MO 63141#314/453-0002


Used Car Dealers and African-American ConsumersHOW TO KNOW WHEN YOUR RIGHTS HAVE BEEN

VIOLATED (AND WHAT TO DO ABOUT IT)

ReferralsDonna Anderson - Employment

Discrimination- Personal Injury - Prescription MalpracticeChionuma & Associates,P.C.9378 Olive Blvd. Suite 317 St. Louis, MO 63132 #314/ 567-1100 #314/ 567-0100 (fax)[email protected]

Richard E. Banks - Product Liability- Workers Compensation - Medical MalpracticeCasesRichard E. Banks &Associates, P.C.8000 Maryland Avenue,

Suite 1260 St. Louis, Missouri 63105 #314/ 721-4040 #314/ 721-6095 fax www.seriouslegalhelp.com [email protected]

Ken Goins - Auto Accidents- Bankruptcy- Criminal/TrafficGoins, Graham andAssociates, LLC5261 Delmar Suite BSt. Louis, MO 63108#314/ 361-9999 #314/ 361-6561 (fax)[email protected]

Michael P. Gunn -Estate/Probate Planning-Small BusinessThe Gunn Law Firm, P.C.1714 Deer Tracks Trail, #240 St. Louis, MO 63131#314/ 965-1200 #314/ 965-1054 (fax)[email protected]

Tommie A. Harsley, III - Workers Compensation8200 Olive Blvd.St. Louis, MO 63132 #314/ 872-3900 #314/ 872-3943(fax) [email protected]

Rolanda Johnson - Bankruptcy- Traffic/DWI- Municipal Ct/Criminal2734 LafayetteSt. Louis, MO 63104#314/ 772-9494#314/ 772-3604 (fax)

Steve Lewis - Auto Accidents- General Practice- Workers CompensationThe Professional Building2734 LafayetteSt. Louis, MO 63104#314/ 772-9494#314/ 772-3604 (fax)[email protected]

Justin Meehan- Civil Rights- Criminal- Personal Injury The Professional Building2734 LafayetteSt. Louis, MO 63104#314/ 772-9494 #314/ 772-3604 (fax)[email protected]

Rufus J. Tate, Jr.- Missouri Election Law- Traffic- Trial PracticeThe Tate Law Firm, LLCClayton Tower7751 Carondelet, Suite 803St. Louis, MO 63105-3369#314/ 726.6495 #314/ 726.0166/0424 (fax)[email protected]

Mavis Thompson - Health Law DefenseSandberg, Phoenix & vonGontard One City Centre, Suite 1500 St. Louis, MO 63101 #314/ 231-3332 #314/ 241-7604 (fax)[email protected]

Mitch B. Stoddard

For information onplacing your name on

this referral list, callRolanda Johnson at

#314/-772-9494

DiversityContinued from page 1MC

tinue to demand it. In 1998, CharlesR. Morgan, BellSouth’s general coun-sel, formed an 11-member diversitycommittee to recommend ways thecompany could increase its commit-ment to diversity. A letter titled“Diversity in the Workplace: AStatement of Principles” was preparedthat Morgan sent to the law firms thatrepresented BellSouth. He also circu-lated the Statement of Principles toother corporate leaders. This state-ment now has more than 500 signato-ries, including most of the nationalclients of St. Louis law firms. Some ofthese corporations have recentlypromised to do a better job of moni-toring the diversity efforts of thefirms that receive their work.

Dr. Arin Reeves of The AthensGroup chronicled a number of theseclient concerns and the reflections ofsome of their leaders. Alan Lacy,chairman and chief executive officerof Sears, Roebuck and Co., said,“Research has shown that diverseorganizations are consistently more

creative, produce higher quality prod-ucts and achieve better returns forshareholders. Their products andservices are also more appealing to adiverse customer base. We believe itis essential that vendors who provideservice to Sears, including lawyers,must reflect the diversity and inclu-siveness that are an inherent part ofour culture. This can only result in awin-win situation for our customers,our associates and our shareholders.”

Kenneth D. Lewis, chairman, chiefexecutive officer and president ofBank of America stated, “Diversity ofviewpoint, background and opinionhelps us to get to the right answers totough, complex business questions.We rely on our legal counsel foradvice about how to do business,defend our company and navigate thelegal system in a complex and diverseenvironment. A diverse legal team iscritical in enabling us to achieve ourgoals.”

William C. Weldon, chairman andchief executive officer of Johnson &

Johnson said, “We ask for reports on aquarterly basis from law firms onminority and female attorneys work-ing on our matters. Legal workplacescan be greatly affected by corporatediversity measures, and we make itclear that we want the benefit ofdiversity reflected in who getsassigned to do our work.”

Even companies that do not havereporting requirements prefer to seeminorities and women attorneys ontheir teams of outside counsel. “Ifyou’re calling on a company to try toget some business, don’t show upwith only a group of white males,”said Brent C. Bailey, senior vice pres-ident, general counsel and secretary ofDuke Energy International L.L.C.

Major East Coast law firms havealready gotten the message. The backcover of the March 2004 edition ofCorporate Counsel — The BusinessMagazine for the Chief Legal Officer fea-tures a full-page ad from Kirkpartrick& Lockhart L.L.P. Kirkpatrick &Lockhart L.L.P touts that it is “raising

the bar on diversity” and cites as itssource the July/August 2003 editionof Diversity and the Bar. Othermegafirms similarly use their successwith diversity as a major part of clientdevelopment or marketing efforts.

Numbers tell the story more con-vincingly than the most persuasiverhetoric. Twenty-one Fortune 500corporations have attorneys of color astheir general counsel. Ninety-sixFortune 1000 companies are membersor supporters of the MinorityCorporate Counsel Association. Asthe 2000 census has revealed, thedemographics of the United States areshifting rapidly. The next and futuregenerations increasingly will be com-prised of people of color. Law firmswho fail to recognize this fact will beat a competitive disadvantage similarto those faced by firms who held on totheir typewriters while those aroundthem automated word processing.

B Y W I L L I A M E . D A I L E Y, J R .B L S A , P R E S I D E N T

Our mission is to promote aca-demic success, professional compe-tence, service and social support forAfrican-Americans and other minori-ty students at the law school. In linewith these goals, the fall 2003 semes-ter was replete with activities and ini-tiatives to enlighten and uplift theblack law student at Saint LouisUniversity (SLU).

During the semester we conduct-ed an Academic Success workshop, aLegal Research and Writing work-shop, an Exam Prep workshop and anOutlining and Review session. BLSAappreciates the efforts of Professor

Camille Nelson, Professor TerriDobbins, Professor Twinette Johnson,alum Leslie Butler and KelceyWilliams, all of whom committedtheir time to participate in our work-shops and share their expertise andopinions with students.

In addition, following the lead ofthe 2002-2003 executive board,BLSA participated in law firm toursand discussions at ArmstrongTeasdale and Sandberg, Phoenix andvon Gontard. The goal of the tours isto provide BLSA members with aunique opportunity to ask hiring ormanaging partners questions aboutlegal careers and expectations forsummer associates.

BLSA began the second semesteras the host chapter for theMidwestern Region NBLSA conven-tion. Under the leadership ofChristal Edwards, SLU law studentsworked to insure the conventionwould be one of the most successfulin the region’s history. We are incred-ibly indebted to the Mound City BarAssociation and the state’s black judi-ciary and legislature for its willing-ness and enthusiasm in making theconvention a success.

Upcoming events include BLSA’sannual Judicial Reception scheduledApril 15, 2004, and the secondAnnual Casino Night ScholarshipFundraiser — Sept. 25th, 2004. The

first Casino Night was an enormoussuccess. BLSA was honored to haveBryan Cave L.L.P. as its inauguralsponsor and famed attorney WillieGary as the featured speaker. Savethe date; postcards and invitations forboth events are forthcoming.

Ultimately, our ambition iseclipsed only by our sincere commit-ment to fulfill our charge as black lawstudents in an age where fewer of usare daring to accept the challenge. Aswe continue to march onward andupward, we ask that the Mound CityBar Association continue to keep ourefforts close to heart and mind.

Greetings from the Saint Louis University School of Law Black Law Student Association (BLSA)

o r g a n i z a t i o n o f i n t e r e s tProfessional Organization of Women (POW)

Professional Organization ofWomen (POW) is a nonprofitorganization founded in 1997.Our members share a vision andcommitment to enrich the profes-sional, social and communityaspirations of African-Americanwomen in entry and mid-levelmanagement positions. POWpursues a breadth of communityinitiatives, networking activitiesand learning activities as part ofthe mission.

POW’s goal is to facilitate abridge of communicationbetween African-Americanwomen, other ethnic minorityprofessionals and established

executives in the St. Louis regionthrough programming and net-working.

Events created by POW tofurther this objective include theProfessional Forum (fall), the Artof Networking events, a commu-nity service partnership withAlmost Home Inc. and profes-sional development program-ming throughout the year. POWalso hosts along with A.G.Edwards & Sons Inc. the AfricanAmerican Women of DistinctionAwards. This year POW waspleased to recognize: AntoinetteBailey, VP CommunityEducation Relations, Boeing;

Sheila Banks, Director ofCommunications, city of St.Louis; Sheila Clarke-Ekong,Associate Professor & InterimDean, Anthropology, UM – St.Louis; Frankie Freeman, Attorney,Montgomery Hollie & Associates;Laurna Godwin, President, VectorCommunications; and KathyConley-Jones, President, ConleyFinancial Group as honorees.

POW has a diverse profession-al membership base that includesmany supporters from the legalcommunity — former POWboard member Cheryl D.S.Walker of Bryan Cave L.L.P.,members Sheryl Johnson and

Rolanda Johnson and past forumpanelist Rueben Charles III.

POW is currently acceptingnew members. To find out more,call #314/963-5287, [email protected], or visit uson the Web: www.powinc.org.Monthly meetings are the thirdWednesday of each month atA.G. Edwards (downtown loca-tion).

Pamela RaymondPOW — Communications Chair

Supplement to Legal Communications Corporation, April 2004Page 4MC


L E G A L A D V I S O R /A S S O C I A T E A D M I N I S T R A T I V E

L A W J U D G E– M O . D I V. O F W O R K E R S ’

C O M P E N S A T I O NS T. L O U I S O F F I C E

Employees injured on the jobin Missouri are entitled to receiveworkers’ compensation benefits.It is important to report all work-related injuries to your employeras soon as they occur. No injury istoo small to report. It is best toput the report in writing.

“Any injury caused by the jobis covered – everything fromfirst-aid type injuries to seriousaccidents, including death.”“Worker’s Compensation Lawalso provides coverage for work-related occupational diseases.This may include diseases such ascarpal tunnel syndrome. The keyis whether the injury or illness iscaused by your job.” (Facts ForInjured Workers brochure pub-lished by the MissouriDepartment of Labor andIndustrial Relations, Division ofWorkers’ Compensation)

The three basic benefits pro-

vided are: 1) Medical care fortreatment for the injury, 2) pay-ment for a percentage of lostwages and 3) compensation forpermanent disability.

If you have questions or con-cerns about one or more of yourbenefits, you may contact youremployer or a representative fromthe insurance company. If thatdoes not resolve the problem, theDivision of Workers’Compensation DisputeManagement Service may behelpful. Contact 573/526-4950for injured employees or800/775-2667 for employers.Someone will be happy to answeryour questions or direct you tosomeone who can.

Generally, an employer isrequired to have workers’ com-pensation insurance if theyemploy five or more employees.However, in the constructionindustry, an employer must haveworkers’ compensation insuranceregardless of the number ofemployees.

Written brochures are alsoavailable upon request from any

local office; however, no legaladvice will be provided about aspecific case. Consult the attorneyof your choice for advice aboutyour specific rights underMissouri law.

To appear before a judge, con-tact the nearest workers’ compen-sation office to you and request asetting. Or either you or yourattorney may file a claim with theDivision of Workers’Compensation on Form WC-21,which is also available from anyoffice listed below.

The Bar Association ofMetropolitan St. Louis (BAMSL)has published a handbook outly-ing the process for handling aworkers’ compensation case. Itmay be purchased throughBAMSL by telephone at 314-421-4134, online atwww.bamsl.org or by fax at 314-421-0013.

You may access additionalinformation by Internet homepage at www.dolir/mo/gov/wcor by calling one of our eightdivision offices listed on theright.

FOR YOUR INFORMATION

Workers’ Compensation Practices in Missouri

Mound City Bar Associat ionThe Mound City Bar

Association is one of the oldestblack bar associations west of theMississippi River. Our objectivesare to advance the professionalinterest of members; to improvethe administration of justice; touphold the honor of the legalprofession; to promote the pro-fessional development of blackattorneys; and to provide serviceto the community.

Standing Committees• Membership • Program• Constitution and Bylaws• Professional Development• Community Affairs • Budget and Finance

Additionally, MCBA pro-vides a host of other professionaland social networking opportu-nities for judges, attorneys andlaw students, including an annu-al picnic, holiday reception,cosponsoring programs withBAMSL and The Missouri Bar,and providing pro bono servicesto the community.

Dues Structure Fee(Admitted to practice)Less than 1 year Free1 yr, less than 3 yrs $253 yrs, less than 5 yrs $505 yrs or more $65Life Member 1,50050 yrs or more Exempt

Law School Graduate Not Admitted to Practice $40

Law School Student FreeParalegal $40

Benefits of MembershipNational Bar AssociationMCBA is an affiliate chapter of the NBA, the premier professional organization for African-Americanattorneys. Address: 1225 11th St. NW; Washington, DC 20001-4217Phone: (202) 842-3900 Fax: (202) 289-6170 www.nationalbar.org

Scovel Richardson ScholarshipThe Scovel Richardson Scholarship is awarded at the annual Scholarship Dinner to an African-Americanlaw student who most exemplifies the ideals and accomplishments of Judge Richardson, the first HowardUniversity law school graduate to be appointed to the federal bench.

Pictorial DirectoryThe MCBA Pictorial Directory serves as a resource for individuals, recruiters, law firms and corporations.It showcases the diverse talents and areas of practice of MCBA members.

Black History Month ProgramAnnually co-sponsored by the MCBA and the Lawyers Association, this program features a keynote speak-er, a dinner and the opportunity to network with judges, attorneys and community leaders.

Continuing Legal EducationMCBA sponsors at least 4 CLEs per year. Past topics have included: Ethics, Federal Practice, the SoloPractitioner, Criminal Practice, Bar Disciplinary Procedures, Establishing Client Trust Accounts and Workers´Compensation.

Membership Application

Name:

Address: Zip Code:

Phone:(work) (home)

Fax: E-Mail

Law School: Area of Practice:

Years Admitted to Practice: States Admitted:

Mail to Mound City Bar Association, P.O. Box 1543; St. Louis, MO 63185

Jefferson City Office3315 West Truman Blvd., PO Box 58, Booneville, Columbia,MO 65102-0058 Eldon, Hannibal, (573) 751-4231 Fulton, JeffersonCity, TTD Users Call Relay Mexico,Moberly, WarrentonMO. 1-800-735-2966

Cape Girardeau Office3102 Blattner Dr. Suite 101Bloomfield, Cape Girardeau, Cape Girardeau MO 63703-6348Caruthersville, Farmington, (573) 290-5757 Ironton, NewMadrid, Poplar Bluff, Rolla, Sikeston,

Joplin Office3311 Texas Avenue Joplin, MO 64804-4343 Joplin,Nevada, Neosha (417) 629-3032

Kansas City Office1805 Grand Ave., Suite 400Clinton, Kansas City,Kansas City, MO 64108-1840Lexington, Liberty, (816) 889-2481 Marshall, Sedalia

Springfield Office1736 East Sunshine, Suite 610Branson, CamdentonSpringfield, MO 63301-1333Lebanon, Springfield,(417) 888-4100 West Plains

St. Charles Office3737 Harry S. Truman Blvd. Suite300 St. Charles, St. Charles, MO 63301-4052Union/Washington(636) 940-3326 Festus

St. Joseph Office525 Jules St. Room 315 Bethany,ChillicotheSt. Joseph, MO 64501-1900Kirksville, Linneus,(816) 387-2275 Macon, Maryville,St. Joseph, Trenton

St. Louis Office111 N. Seventh St. room 250 Cityof St. Louis & St. Louis St. Louis, MO 63101-2170 County(314) 340-6865

Docket Settings by Office

MCSupplement to Legal Communications Corporation, April 2004

a case of neglect. The hearing officer isrelied upon to know neglect whenhe/she sees it.

Some cases are clearer than others.Obviously a child that has been sexu-ally or severely physically abused iswithout proper care, custody and con-trol. But what about a child whoseparent or custodian accused of educa-tional neglect? How many absencesfrom school equates to neglect? Or theparent whose child has been removedover allegations that the home envi-ronment was dirty and unsanitary?Just how much clutter equates to adangerous living environment for thechild? Or what about the allegationsthat a parent/custodian abuses illegaldrugs while children are in their cus-tody? Does drug usage alone makeone unfit to parent? How much con-tact should a mother who has givenbirth to a child exposed to cocainehave with the newborn? Or whatabout the case in which a parentspanked a child because the child con-tinually misbehaved in school, andthe corporal punishment left scratchesor marks on the child? Should thatchild remain out of the home? Whatabout the parent that has been diag-nosed with a mental illness? What doyou do in situations in which you havea child that has been in foster care foryears, and the foster parents want toadopt, but the biological parents aremaking progress? Do you return thechild, or do you proceed with termi-nation of parental rights?Determining when to remove a child,whether a child has been abused,where the child should be placed,when or if the child should ever bereturned home; and whether parentalrights should be terminated are ques-tions I must answer on a daily basis forchildren.

Cases that are even harder than

criminal and neglect cases involvepetitions to terminate the parentalrights of the biological parents. In myopinion, these are the hardest casesthat arehandledat thecourt. Int h e s etypes ofcases, thehe a r ingofficer isasked top e r m a -n e n t l ysever the parent-child relationshipand to have the child legally free foradoption. Try telling a parent who hasgiven birth to a child they are nolonger the parents because you do notdeem them appropriate or fit.

When I was asked to write thisarticle, I was asked to discuss myadjustments to the bench. To be hon-est, I have not adjusted yet. Every dayis as difficult as the first day I assumedthe bench, and I remember that daywell. It was an abuse/neglect docket.While as a prosecutor I had filed hun-dreds of petitions against delinquentchildren and abusive parents, and hadadvocated for the removal of hundredsof children, I had never been the indi-vidual making the ultimate decisionof a child’s placement. On that firstday, there were stacks and stacks offiles of children I did not know, all ofwhom had been out of the parentalhome for one to several years. Therewas not sufficient time to becomefamiliar with all aspects of each case.In a flash, I had to try to figure out, asto each child, when they wereremoved from the parent, why theywere removed and whether there wasany way possible in the foreseeablefuture the child would ever be

returned to the custody of a parent ora suitable relative. For some of thehearings, a parent or relativeappeared. For many of these cases, the

children werenot present butwere represent-ed by guardianad litems(GALs). Forthe cases inwhich the chil-dren didappear, imag-ine how awk-ward it is to

introduce yourself to a child who hasbeen through circumstances you donot know about nor could you possi-bly imagine. In many of these cases,there had not been a court review for ayear or more.

As the hearing officer, these chil-dren look to me for the answers. Ifthey are charged with a crime, theyare looking to me for absolute fairnessand understanding, even if foundguilty. The victims of criminal offens-es want to be sure their anguish istaken into consideration in determin-ing what happens to a child. Try mak-ing the decision to remove a childfrom his parent and the communityand explain to the child that the deci-sion is really in his best interest. It isalso difficult when children who havebeen physically, sexually or emotion-ally abused, and moved from one fos-ter home to another, to believe thatyou are really concerned about whathappens to them. Try telling the childthat has been out of the home for yearsthat adoption is a possibility.

What have I learned during thisyear of on-the-job training? I havebecome convinced the work in thejuvenile system is the most importantwork we can do to prevent the loss of

many of our youth to the adult penalinstitutions or the morgues and tobetter sustain families that are on thebrink of deterioration. The childrencoming through the revolving doorsof the court, many times, are youngparents. Many parents charged withabusive/neglectful conduct are usuallyproducts of abusive environments.

When I was a prosecutor, my col-leagues and I would often discuss ourcases, and inevitably someone wouldrefer to the particular judicial officerhearing a case, and we’d say, “Whatwere they thinking when they madethat decision?” Now I realize thatmany of the attorneys, children, vic-tims and families affected by my deci-sions are probably referring to me inthe same light. I have learned that tobe a good judicial officer; you must besteadfast in your decisions. Even whenthe child or other parties staunchlydisagree with your position, you mustmake the decision and move on.Although it sounds cliche’, you mustbe a good person and truly care aboutthe individuals you are dealing with. Ihave come to realize the individualsinvolved in these hearings simplywant to be heard, and you must do thebest you can to ascertain all of theinformation necessary to make a deci-sion within the limited amount oftime you have to spend on the casesand dispositions.

Most of the individuals I see incourt mirror my own community. It isa heartbreaking job, one in which eachnight that I go home, I carry the facesof the day with me. I have promisedmyself that if I ever get to a pointwhere I believe that this job is easy, orif I am not exhausted by the end ofmost of my workdays, then I have notdone my best to make the life of achild the best that it could be.

CommissionerContinued from page 3MC

STOP BENCHING OUR BENCH This is in response to an article

appearing in the March 12, 2004,St. Louis Post Dispatch regardingCircuit Attorney Jennifer Joyceseeking removal of Judge EvelynBaker from hearing criminal cases.I disagree with the “blanket”removal of a duly appointed sittingjudge from a class of cases. I dis-agreed with it when I was a prose-cutor, and I disagree with it now.As president of the Mound CityBar Association I urge all attor-neys, legislators and concerned cit-izens to speak out against this dis-turbing practice.

While it is true that the circuitattorney, just like the defense attor-ney, has the option of disqualifyinga judge without cause, disqualify-ing ONE judge in all criminalcases is tantamount to an assault onjudicial independence. The article

states that Circuit Attorney Joyceis doing this because Judge Bakeris “too lenient” at sentencing.Well, if that is the reason thenCircuit Attorney Joyce is doingwhat Congress did to the federalbench almost 20 years ago: impos-ing sentencing guidelines. Federalsentencing guidelines have beenheavily criticized by scholars,lawyers, John Q. Citizen and evenSupreme Court justices. The feder-al sentencing guidelines haveshown us that there should not be a“one size fits all” approach to sen-tencing. Justice in sentencingrequires an individualized assess-ment of the offender and theoffense, imposed by judges withskill, experience and wisdom. Ajudge makes a sentencing decisionafter carefully weighing all of theinformation before her, including

trial evidence, probation reports,arguments made by counsel, factspresented at sentencing hearingand the pleas of victims and familymembers. Examining the totalityof the circumstance ensures thatthe punishment not only fits thecrime but the criminal.

The circuit attorney’s office isnot vested with the power to selectjudges. In St. Louis, the judges arechosen by a very arduous processcalled the nonpartisan court plan.A judicial commission consistingof judges, lawyers and laypersonsinterview attorneys and select apanel of three to send to the gover-nor. The governor then appointsone of those three to sit on thebench. I don’t always like the per-son chosen, nor do I always agreewith their rulings, including sen-tencing. However, I respect their

right to make that call. The MoundCity Bar Association works hard tocreate diversity on the bench. Wedon’t want all of the judges to lookalike. Nor do we want them all tothink alike. We want judges tobring to the bench the wisdom thatcomes from years of legal serviceand life experiences. Then, we wantthem to be given the room to dotheir job.

Lawyers should be objecting tothe Circuit Attorney’s office micro-managing the court. We want jus-tice for all. Not just justice for theprosecution. Stop benching thebench.

Hope Whitehead, President Mound City Bar Association

o p i n i o n b ox

Let your voice be heard. Do you have an opinion you would like to share? Send your views to [email protected]


To Advertise in future newsletters, call Linda Meyers at 314-421-1880 ext. 222 or email [email protected]

I have become convinced the work inthe juvenile system is the most impor-tant work we can do to prevent theloss of many of our youth to the adultpenal institutions or the morgues andto better sustain families that are onthe brink of deterioration.

MCSupplement to Legal Communications Corporation, April 2004

Redding, Loren Miller, David M.Grant, George Vaughn, SidneyRedmond and Henry D. Espy.

Under Houston’s leadership,Howard University Law Schoolbecame a living laboratory and theincubator where Civil Rights Law inthese United States was born and thefirst course in Civil Rights Law wastaught. Transforming a night lawschool without accreditation into afully accredited day school with amission to educate lawyers having theskill and competence to challengesuccessfully a caste system in theUnited States based on color and racewas a major feat. The strategy wasforthright — go through the courts ofthe land. Challenge racial segregationin residential housing, transportationand the white primary in the South.Sue to equalize salaries of black teach-ers. Zero in on graduate and profes-sional schools — particularly lawschools — and expose the mockery of“separate but equal” treatment. Thentake on racial segregation in the pub-lic schools. A fine book on Houstonand his role is named GROUND-WORK by Genna Rae McNeil.(University of Pennsylvania Press,1983).

PUBLIC EDUCATION — It’s a BlackThing

As DuBois noted, “The first greatmass movement for public educationat the expense of the state, in theSouth, came from Negroes.” Then headded: “Public education for all atpublic expense was, in the South, aNegro idea.”

In some detail from page 641 of“Black Reconstruction,” DuBoispoints out there were two inseparableobstacles to a free public school sys-tem — the attitude of the propertyowners and the indifference of whitelaborers. The property ownersbelieved laborers did not need educa-tion. The white laborers saw no needfor it.

It was the other part of the labor-ing group, indicated DuBois, the

black folk, who connected knowledgewith power. The black folk believedtwo things — first, that educationwas the stepping stone to wealth andrespect, and, second, wealth withouteducation was crippled. DuBois spec-ulated that these black folk had seenwealthy slaveholders up front andclose and knew firsthand the extent oftheir ignorance and inefficiency.

At the end of the civil war therewas this MASS demand on the part ofthe black laboring group for educa-tion. Booker T. Washingtondescribed it as a whole race trying togo to school. Few were too young,and none were too old. It was thisdemand for education, concludesDuBois, that was the effective forcefor the establishment of the publicschool in the South on a permanentbasis for all people and all classes.

The question must be raised:“How then have we gone so far astraythat some young African-Americanstoday are trumpeting the line that‘education is a white thing.’” Theyobviously are ignorant of their ownhistory as descendants of an enslavedpeople, whose first grasp of freedomled to their mass push for an educa-tion.

This points up how tragic and dev-astating the Hayes-Tilden compro-mise of 1877 was to an emergingNew South. That political compro-mise of the presidential election of1876, that allowed Hayes to be elect-ed president of the United States,though Tilden had won the popularvote, also provided for the withdraw-al of federal troops. That led to theabrupt termination of this well-spring of a people recently emancipat-ed to be free educated and brings ustogether today to celebrate a decisionof the Supreme Court of the UnitedStates on May 17, 1954, which setthis nation back on the right course,after a detour over very rough terrainof some 77 years.

The men and women who engagedin that struggle from 1877 to 1954 toretrieve, recapture and restore the

constitutional and human rights offreed persons and their descendants aspromised by The EmancipationProclamation and the Thirteenth,Fourteenth and FifteenthAmendments to the United StatesConstitution are a splendid exampleof facing history with courage, which isthe subject of my remarks today.

BROWN I AND II — DECLARINGTHE RIGHT, DELAYING THE REME-DY

At the time Brown v. Board and itsfour companion cases reached thehighest court, the HonorableFrederick M. Vinson was chief justice.It was known by some in the legalcommunity that Chief Justice Vinsonwas not willing to overturn Plessy v.Ferguson, the disturbing case in 1896which established the legal precedentof the “separate but equal” doctrine,separating persons by race and colorin the nation.

NAACP lawyers knew they facedan uphill battle before the SupremeCourt. The cases had been arguedoriginally in 1952, then on the orderof the court reset for further argumentin the next term. A series of fivequestions were posed by the courtwhich the parties were directed toaddress in briefs. Oral argument wasset for December 1953.

Then an unanticipated and climac-tic event occurred. On Sept. 8, 1953,Chief Justice Vinson suffered a heartattack and died; some viewed this asdivine intervention. Promptly,President Eisenhower appointed a for-mer Attorney General and Governorof California Earl Warren as chief jus-tice. Argument in December wentforward as scheduled, and then theagonizing wait began. It is nowknown, years later, that Chief JusticeWarren was for overruling Plessy v.Ferguson, but probably as importanthe wanted a unanimous court. Heachieved the latter, and there are nowords in the Brown opinion expresslysaying we overrule Plessy. That camelater. The High Court simply said:

“separate educational facilities are ~Inherently unequal.”

What baffled me, as a younglawyer, was an opinion which firmlydeclared the right and then delayedthe remedy. That’s not what I wastaught, and that’s not what usuallyhappens. Now I know that the courthad no choice because nobody quiteknew how to enforce this far-reachingand profoundly significant decisionaffecting an untold number of per-sons. Has Brown worked? Yes and no.Are our schools desegregated or inte-grated? Yes and no. Are we better offas a nation because of Brown?Absolutely.

AFTER 50 YEARS - WHERE ARE WE,WHERE SHOULD WE BE

Looking to the future requires usto be honest about the past. Brown v.Board did not solve many problems.IT DID PUT US ON THE RIGHTTRACK TO SEEK A HUMANESOCIETY THAT CARES ABOUTALL ITS CITIZENS.

The United States is a very youngcountry — not yet 300 years old.Rome lasted some 700 years. Egypt3,000! So, we must view ourselves asa “work in progress” with each gener-ation contributing to our growth anddevelopment.

As in the past, I expect and urgeAfrican-Americans, because of ourunique and splendid heritage, ofwhich Brown is an example, to be onthe cutting edge of this nation’s socialprogress. For example, in the UnitedStates, there is something askewabout a growth industry consisting ofwarehousing persons in prisons andjails when the G.I. Bill years agotaught us about the value and greatbenefit — social and economic — ofeducating our people. This should bean overriding imperative for us ofAfrican descent, since far too many ofthose incarcerated are African-American males.

The United States’ version ofApartheid casts a long shadow on ourhistory. That shadow is still with us.Brown, however, was and is a power-ful beacon shedding a vast light on atroubling side of a great country andnudging us forward.

It takes courage to step on the cut-ting edge, but let Brown alwaysremind us that facing history withcourage is the way we arrived at wherewe are, and it will be the way we getwhere we ought to be!

Copyright pending. Excerpts fromSpeech of Mrs. Margaret Bush Wilson,Former Chair, National Board ofDirectors, NAACP; to American ExpressStaff in Recognition of Black HistoryMonth and the 50th Anniversary ofBrown v. Board of Education. WorldFinancial Center, New York, N.Y.,Monday, Feb. 23, 2004. All rightsreserved.

BrownContinued from page 1MC


Breaking Barriers, Building BridgesMOUND CITY BAR ASSOCIATION/JACKSON COUNTY BAR ASSOCIATION

Continuing Legal Education RetreatMay 14-15, 2004

INNSBROOK RESORT and CONFERENCE CENTER; WRIGHT CITY, MISSOURI

Friday, May 14, 20043:00-3:15 Welcome3:15-4:05 May It Please the Court: Appellate Practice from a Judge’s Perspective

Judge Ronnie White, Chief Justice, Supreme Court of Missouri, Judge Booker Shaw, Missouri Court of Appeals, Eastern District, and Judge Thomas Newton, Missouri Court of Appeals, Western District This question-and-answer session provides the opportunity for the lawyer to view appellate practice from a judge’s perspective.

4:05-4:15 Break 4:15-5:05 What Do These People Want?

Chris Stiegemeyer, Director of Risk Management, The Bar Plan Mutual Insurance CompanyDirection on the many hats of a lawyer and finding an ethical balance. The lawyer as a legal professional: advocate, fiduciary, and counselor. The lawyer as a business manager: client and case selection, screening, and case budgeting. This program qualifies for a Bar Plan Premium Discount

5:05–5:15 Break5:15–6:05 Media Relations: Making Good and Ethical ImPRESSions

J. Justin Meehan, Attorney at LawWhen should you respond to media requests to discuss your case in the media? What is the reporter's agenda? How can you make sure you get your point across? Can you trust the reporter to keep your comments "off the record"? Learn some tips that could help you win your case at trial and win good media exposure, and learn how to play by the rules… that is the Rules of Professional Conduct.

6:05–6:30 Dinner Served6:30–7:30 Panel Discussion: Diversity in the Legal Profession: Catching the Big Fish and Exploring Joint Venturing Opportunities

Sly James, Dana Tippin Cutler, and Reuben Shelton How do minority firms, solo practitioners, and associates in large firms attract and contract with corporations, utility companies, banks, insurance companies, construction and real estate companies as clients?

8:30-10:00 An Evening with the Bar: A CLE Networking Affair Co-sponsored by the National Bar Association and the Missouri Bar Committee for Minority Issues

Saturday, May 15, 20048:00 Breakfast10:00–10:50 Legislative Watchdog Update

Rodney Boyd Update on the 2003-04 legislative session will provide an overview of recent legislation and policy issues.

10:50-11:00 Break11:00–11:50 Practice Management: How to Get Em’ and Keep Em’

Taylor Fields and TBATechniques to attract and retain good clients. How to develop a sound marketing plan and marketing and advertising ethics.

12:00 Lunch1:00 Tee Time!

This program qualifies for a maximum of 8.0 MCLE Hours and 1 Ethics Hour


Registration Form

Name: Firm/Court/Affiliation: Title (to be used on badge): Judge Dean Professor Other

Telephone: Fax: E-mail:

Address: City/State/Zip:

REGISTRATION DEADLINE is April 30, 2004. Full payment of registration fee is due along with registration form. Registrations received after April 30 cannot be guaranteed! CANCELLATIONS beforeApril 30 — refund minus $35 administrative fee. April 30 and after — NO REFUNDS!

REGISTRATION FEESFRIDAY CLE PROGRAMMING ONLY (includes only Friday CLE programming, dinner, and Networking Bonfire)………………………………………………………………………..$100.00

SATURDAY CLE PROGRAMMING ONLY (includes only Saturday CLE programming, breakfast, and lunch)….……………………………………………………..................………..$100.00

ALL INCLUSIVE (includes all CLE programming, overnight accommodations, dinner on Friday, and breakfast and lunch on Saturday) …...............… (Check either of two options below)

__ Option I. DOUBLE OCCUPANCY CONFEREE (shared bedroom)…………………………………...$180.00 per person__ *I would like to share a room/condo with the following conferee(s): 1. 2. 3. 4. 5.*While all efforts will be made to accommodate roommate requests, we cannot guarantee roommate preferences. Roommates are encouraged to mail in their registrations together.

__ Option II. SINGLE OCCUPANCY CONFEREE............................……………………………………$240.00 per person

Non-CLE guests are an additional fee. Please contact Kim Franks for details.

GOLF OUTING

Yes, I would like to register for the golf outing. Enclosed is a check for $75.00 per person, $65.00 for CLE registrants (enroll early, limited slots available!)

List name and contact information for each player:

1. 2. 3. 4.

GRAND TOTAL, Registration and Other Fees/Tickets

Mail this completed registration form and check or money order payable to Jackson County Bar Association to: Attn: Vanita MasseyJackson County Bar AssociationP.O. Box 410184Kansas City, MO 64141-0184

If you have special needs addressed by the Americans with Disabilities Act, please notify us at the phone numbers below at least one week before the program date.

Please direct any questions, concerns, or special requests to Kimberly Franks at (314) 865-1096 or [email protected]; or Vanita Massey at (816) 842-6908, ext. 1524 [email protected].

Watch your mail! National Bar Association is coming to Innsbrook, too! May 13-14, 2004…

Upcoming EventsThursday, April 22nd, 2004 Unity DinnerMissouri Asian-American Bar Association Co-Sponsored by: Mound City Bar Association

The Missouri Asian-American Bar Association (MABA) was officially formed in the fall of 2000, but the idea of forming an Asianbar association in Missouri had been kicked around by some of the original members of the organization for some years prior. Theassociation’s first president, Diane Yu (now residing in New York City), also a founding member of the National Asian PacificAmerican Bar Association (NAPABA), was instrumental in gathering many of us to the first organizational meeting. As a newcomerto St. Louis and a seasoned bar leader, Diane was instrumental in garnering support and membership for MABA from other barorganizations, locally and statewide.

MABA’s inaugural Unity Dinner was held on April 5, 2001, at the King and I Restaurant in St. Louis to introduce ourselves tomembers of MoBar and the local bars in the St. Louis community. Mound City Bar Association was asked to co-host the event, andour guest speaker was Supreme Court Judge Ronnie White. In Judge White’s celebration speech, he labeled our formation as a maid-en voyage. He reminded all of us that the specialty bars were historically formed because certain ethnic groups were not allowed tojoin the majority bar associations. The specialty bars gave members the opportunity to engage in frank discussions about issuesuniquely related to them such as racism, glass ceilings in the workplace, lack of minority judges, affirmative action, multicultural-ism, immigration and other matters that affect a minority lawyer. MABA had planned for a party of 30 to 50 people, but we had aturn out of 143 attendees, and it was a standing-room-only event! Outside of the legal profession, many community leaders, andalso the press, were present for our inaugural dinner.

MABA continues its tradition of bringing people in the legal community together when it jointly hosts with the Mound CityBar Association its fourth annual Unity Dinner at the Vietnam Star Restaurant on 8080 Olive Blvd. on Thursday, April 22, 2004,at 6:30 p.m. We invite all interested to attend. For more information contact: Jim Robinson #636/530-9199 email: [email protected]

Maylin MahoneyMABA PresidentMCBA Member

May 14th & 15th, 2004 CLE Retreat “A Time for Birth, A Time for Renewal”Joint Effort: Mound City Bar Association & Jackson County Bar Association

As the sun begins to peak from behind its winter blanket, I am buoyed by the anticipation of spring. Spring has always been myfavorite time of the year, especially the month of May. May gives birth to the fruits of April’s wet labor. The flowers bloom anew,the sun shines ever so brightly, celebrations of weddings and graduations fill the air, and old friends emerge from their winter habi-tat to greet one another. I must confess, in times past, I have been so tempted by spring’s sweet promise that I had no choice but tobreak away from the tedium of school and work to sample its offerings.

Now, as a Missouri lawyer, the month of May has come to also signify crunch time, that is CLE crunch time. Many of us receivethose annual reports in the mail each spring to realize that we have neglected to fulfill our minimum obligations for practicing lawin the Show-Me State. The deadline looms, but with all the excitement of spring, the last thing you want is to be stuck in a win-dowless air-conditioned pit for countless hours with a group of total strangers.

For those of you who can relate, I have the perfect solution to your quandary — the Mound City Bar Association (MCBA)/JacksonCounty Bar Association (JCBA) CLE Retreat. On Friday, May 14, & Saturday, May 15, 2004, Missouri’s two historically black barassociations will host 8.0 MCLE and 1.0 Ethics hours worth of programming at the scenic Innsbrook Resort and Conference Center,which is located just one hour west of St. Louis.

Whether you are a litigator or a corporate practitioner, a solo practitioner or a large firm associate, this program is for you. Withpresentations on topics including Media Relations, Appellate Practice and Corporate Client Development from esteemed panelistssuch as Judge Ronnie White and J. Justin Meehan, this program has been geared to address the needs and concerns of Americanattorneys practicing in the state of Missouri. Mark your calendars because this is an event you do not want to miss! For more infor-mation see page 11MC of this newsletter or call: #314/443-1091

Kim FranksMCBA President ElectMCBA CLE Committee [email protected]

May 15th, 2004 Innsbrook Golf Outing Mound City Bar Association

The Mound City Bar Association is branching out to new opportunities for networking. Come join us at Innsbrook on May 15for a friendly round of golf. Right after our CLE seminar our members will join our friends for tee time. Come join CongressmanWm. Lacy Clay, Chief Judge Ronnie White and other prominent judges, lawyers and professionals from around the state in a relax-ing afternoon of golf. We are going to do a scramble format so all skill levels are welcome. The cost is $75.00 per golfer. Hope tosee you there. For registration information see page 11MC of this newsletter or call: Kim Franks #314/443-1091 [email protected]

Friday June 25th, 2004 Scholarship Dinner “Breaking Barriers, Building Bridges”Mound City Bar Association

It is that time of year again. The Mound City Bar Association (MCBA) is holding its annual Scovel Richardson ScholarshipDinner on Friday, June 25, 2004, at the fabulous Windows On Washington in downtown St. Louis. Every year the ScovelRichardson Scholarship Dinner has raised funds to help defray the educational expenses for talented law students attending Missourilaw schools. We are very proud of our efforts, and with continued support from the St. Louis community we believe we can con-tinue this worthwhile tradition.

As president of the oldest minority bar association west of the Mississippi River, I spent my term committed to increasing diver-sity throughout our legal community. To that end, MCBA has taken a leadership role in building bridges between our brother andsister bar associations. We co-sponsored events with MATA, Women Lawyers, the Lawyers Association, SLU and Wash U. BLSA,and the Jackson County Bar. So far, all of our efforts have been successful. We want to continue this focus with our scholarship din-ner. That is why the theme for this year’s dinner is “Breaking Barriers, Building Bridges.” Take the diversity challenge with us. Youcan help in many ways: •Co-sponsor the dinner; •Donate a table for students; or •Co-sponsor student scholarships. In the comingweeks MCBA will mail sponsorship invitations to businesses and law firms throughout the St. Louis community. We need you tohelp us “Break Barriers, Build Bridges.”

For more information on sponsorship and/or to make reservations, call #314/340-7979.Hope WhiteheadAssociate Judge, Workers CompensationMCBA President

Ap

ril

Ma

yJ

un

e


page 1MC Mound City News - Clover...

Documents

Transcript of page 1MC Mound City News - Clover...