Looking back, leaving a legacy July 15, 2012 Jan Pudlow Senior Editor Regular News Looking back, leaving a legacy Senior EditorA year ago, when Scott Hawkins was sworn in as Florida Bar president, he delivered a message aimed to inspire lawyers to get in touch with their noblest selves by asking this trio of questions:“What is your promise as a person? What is your promise as a member of our profession? What is our promise as an institution?” Delivering the State of the Bar address at the General Assembly June 22, Hawkins said he has examined those questions over the last year.Along his journey as Bar president, Hawkins said, “99.9 percent of the lawyers I met this year are committed to living out their oath — every day — and fulfilling their promise to the profession. Of that, I am completely sure. Unfortunately, there is a small number who will stray, and it is up to each of us to become more vigilant and to take steps to hold each other accountable. That is part of your promise to the profession.”Noting lawyers are “exceptional with language” to solve problems, Hawkins warned, “sometimes, however, we get caught up in our cleverness. I urge restraint. Not all thoughts that occur to you (and this definitely pertains to me) warrant expression.”As he walked the halls of the Legislature, Hawkins said, he was struck by legislators’ “commitment to do their best, from both parties. Unfortunately, I have become concerned that despite the best individual intentions, political parties often focus on preserving and acquiring power first and not good policy formation. Policy becomes subordinate to power. It is as if the two parties need each other; they need an enemy. The focus then becomes on how to make your enemy look bad, as opposed to good policy.“This probably sounds cynical and naïve. I urge each of you who has a relationship with a legislator to urge that leader to look beyond short-term interests and do what is beneficial to our state and judicial branch over the long term. Frankly, as the keepers of the law in our society, this is part of our duty, and, I would say, part of our promise.”Answering the question about the health of the Bar as an institution, Hawkins noted that with 93,895 members, it is the second largest mandatory bar in the country, behind California with more than 232,000 members.“I have learned this year that Florida has a unique role in our nation. Given its size and complexity, The Florida Bar often confronts issues earlier than other state bars. In this regard, I am extremely proud that the Bar installed Arnell Bryant-Willis as our first minority initiatives director. She is a bright, engaging lady blessed with immense wisdom. Involve her with your organization, as we work together to create points of entry for all gifted for leadership.”One of the Bar’s most important functions, Hawkins said, “is to vigilantly regulate lawyer behavior,” and the Bar recommended to the Supreme Court discipline in nearly 400 matters, including multiple reprimands, admonishments, suspensions, and disbarments.The Grievance Review Commission, also dubbed the Hawkins Commission, completed its work and its recommendations are being processed by the Board of Governors.“At one point, the commission met en masse at the Florida A&M College of Law, here in Orlando, and we had three justices spend nearly a full day working with the commission — Justice Quince, Justice Pariente, and Justice Perry. In connection with the commission, I know Vice Chair Jake Schickel is seriously exploring the formation of a section devoted to senior members of our Bar,” Hawkins said.Reporting on the legislative process, Hawkins said he and incoming President Gwynne Young visited with more than 30 legislators.“We all must remember that the Bar’s strength, in part, derives from its moral credibility and being nonpartisan. We must remember that The Florida Bar is not a political action committee. It is not a trade union. It does not raise money for candidates. The Bar is primarily a regulatory body that represents the judicial branch before the Legislature,” Hawkins said.“All year, I have been struck by how well the Bar has been received — across the aisles. It is critical that the Bar be nonpartisan and be perceived as an honest broker with the primary function being a commitment to the judicial branch.“Funding for the courts this year was strengthened and maintained at the same level for this next year, as for the past two years. Very significant. I want to compliment House and Senate leadership and the governor for helping to maintain court funding. The mechanism for funding the court system was also stabilized, as core court expenses are now being borne substantially by general revenues. I am hopeful that the liquidity challenge which plagued the judicial branch in the last few years has been ameliorated.”But in the final hours of the 2012 session, Hawkins said, “We unsuccessfully tried to help fashion a legislative compromise” regarding funding for the clerks.“Looking forward, we hope to help the clerks with the financial challenges presented this year,” he said.Relations with the Supreme Court “have been superb,” Hawkins said, noting Bar leadership had four meetings with the court as a whole, and he had several meetings with individual justices.“These regular communications have been extremely helpful to Bar leadership, as we seek to assist in addressing legislative challenges to the judicial branch,” Hawkins said.That “extraordinary” interaction with the justices, Hawkins said, has led him to “respect their service and commitment and appreciate, more than ever before, that the role and work of a judge can be somewhat isolating and lonely, as important issues bearing on the present and future have to be processed by this esteemed body of public servants.”Noting three justices and 15 appellate judges will be on the November retention ballot, Hawkins stressed the importance of what he calls “the merit retention challenge,” because research conducted on behalf of the Bar revealed 90 percent of those participating in the focus group did not know what judicial merit retention means.“Despite this lack of understanding, voters will be asked in November whether to retain or not — on the basis of merit — the judges and justices on the ballot,” Hawkins said. “For years, The Florida Bar has been engaged in voter education and public education efforts. This year, the Board of Governors — 52 elected members — initiated ‘The Vote’s In Your Court: Know the Facts,’ a voter education program devoted to providing public education about merit retention, the history of merit retention in Florida, and the vital role judges play in our democracy.”In closing, Hawkins told how he lost “a dear friend, someone very important to my life and career,” 65-year-old John McCracken, a partner with Jones, Foster, Johnston & Stubbs, where Hawkins practices in West Palm Beach.“Two years ago, if you met John at a Bar function, you would have thought he really had it together: great practice, great reputation, great family, well-prepared for his golden years. And then, cancer came along and stripped him from us.“As I sat in that funeral last fall and listened to the city fathers commend John, it was significant what I heard and what I didn’t hear. What I didn’t hear is anyone talk about how much money John made or the big deals he closed — and there were many.“What I did hear was about how John helped the little guy — and we all have them in our lives — and how John was consistent and a person of character who stood up for the truth and being fair with clients, partners, and adversaries, and how he put his family first.“That is John’s legacy. I share this now because John’s example reinforces the truth: that while we are not all in the same boat, we all leave a wake as we traverse the waters of time. In this sense, we all leave a legacy. I raise this now to urge each of you to reflect on your legacy as lawyers and parents and friends and those with great promise to impact the world.”
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