ST. LOUIS. — Missouri Chief Justice Mary R. Russell delivered the opening luncheon address of the joint annual meeting of The Missouri Bar and the Judicial Conference of Missouri in St. Louis:
Thank you, President-Elect Dreyer, and good afternoon to all of you! I am honored to be here celebrating the 80th anniversary of The Missouri Bar. And let me tell you … from up here, you all look pretty good for 80!
How many of you are attending your very first annual meeting? I attended for the first time when I was a young associate at a small Hannibal law firm. It was “strongly suggested” I go by my new boss, Bob Clayton, who had been very involved in The Missouri Bar for years and would soon serve as president.
Chief Justice Mary R. Russell with Bob Clayton. (Photo courtesy Supreme Court of Missouri)
He introduced me to his generation of lawyers and other leaders. He later encouraged me to run for a seat on the Young Lawyers Section council. It was through that council that I met Zel Fischer, Karen Mitchell, Dan Scott, Angela Quigless and Bill Corrigan Jr. – not only did they all become judges too, but they also became my lifelong friends. It’s also where I met our ABA President Bill Bay, who is another lifelong friend.
Because Bob always was such a huge mentor and cheerleader of mine, I always assumed he was happy to have hired me … but I recently learned that he struggled with the idea of employing a female attorney. At that time, there was only one other woman practicing law in our small town – it was the mid-1980s! Apparently, Bob was apprehensive to add a female to his two-man firm. He sought advice from one of his friends on the board of governors, Jerry Brandt of Liberty. He assured Bob, “hey, it wouldn’t hurt a thing to add a girl to the firm.” I believe Jerry is here today – thank you for your endorsement, Jerry. Without you, who knows where I would be?
I hope Bob never regretted his choice, but as far as I am concerned, joining his practice was one of the best decisions in my life … second only to agreeing to marry my late husband.
Bob became my mentor, my law partner, my friend, my confidante … basically, we became family. Bob, I know you weren’t aware I was going to talk about you today, but please stand so everyone can join me in recognizing you!!! Now Bob, I need to warn you: I’m going to be talking a lot about you in this speech … and all the lessons you taught me.
I am so glad Bob took the time to invest in me and teach me all the realities I needed to know to practice law. You know, all those things we didn’t really learn in law school … how to take a deposition or notice up a hearing, make sure the staff gets paid, how to handle lawyers who were bullies, remind clients they might be behind in paying fees, and how to deliver the bad news.
In all our years working together, we never had a disagreement. Well, except that one Saturday morning I brought my dog to work and he peed on Bob’s carpet! (Let’s just say Sparky stayed home after that!)
From Bob, I learned to value the practice of law as a profession, and not just a job … an avocation, not a vocation. I learned the importance of honesty to our clients and the courts … the importance of service through pro bono, civic and charitable work in our community and state.
Bob also demonstrated that we are lawyers 24/7, and our code of ethics governs us at all times. He set the example of showing respect for all. He greeted everyone warmly, no matter their station in life.
Thanks to him, I have always made a point of getting to know court staff, valuing not only the work they do but also caring about them and their loved ones.
Bob’s appreciation of court staff set an example for me. And I believe it was what inspired me to spend the past 14 months traveling the state thanking our frontline heroes for everything they do to serve the public and to keep our courts functioning smoothly. So far, I have visited 30 circuits, with another 16 to go by June. I am surprised how many local court employees have never met a Supreme Court judge. Many can’t believe the chief justice would travel to their courthouse just to shake their hands and say “thank you.” I want to get to know them, and it is my hope that hearing how much they are appreciated boosts their morale and renews their enthusiasm for the important work they do.
During my visits, I hear about the successes of their circuits and also how the judiciary can be improved. The lessons I’ve learned are consistent across the state. Our clerks are resilient, but it has been exhausting for them to adapt to a new case management system while also processing workloads, searching old court records to expunge eligible marijuana convictions and fielding questions about redactions. Meanwhile, the ever-growing number of self-represented litigants also puts a strain on them to balance helping without giving legal advice.
Those working with jurors are frustrated by how little money the law guarantees as pay for local citizens who serve on juries. Our juvenile system employees are worried about the lack of available beds and staff in our juvenile detention centers. And everyone is disheartened at the growing number of litigants who need mental health services and the lack of available resources across all case types.
Our courts are also facing an increasing loss of public trust and confidence … and civility. We see it in the news and on social media, and I hear about it from court staff who increasingly encounter disrespect and vitriol from the public.
In my 30 years on the bench, I have never seen such low public trust and confidence as I see now.
And national data proves it. When asked whether they believe state courts provide equal justice for all, more people say no than yes. Focus groups describe two systems of justice – one for those with money or connections, and the other … for everyone else. And almost half the people surveyed believe their state courts need to do more to help them navigate the court system … without an attorney. This should concern us all.
This loss of public trust and confidence coincides with attacks against our entire system. Our courts and judges are disrespected. They are called “corrupt” or “illegitimate.” They receive angry, belligerent phone calls. And they even receive threats of physical violence.
Right here in Missouri, judges recently have received death threats, have had threats made against their family members, have been threatened with the public release of their private financial information, and even had litigants show up at their homes.
The violence is not isolated to our judges. Earlier this year, we were devastated when a Jackson County circuit court employee was killed in the line of duty when he went to serve an eviction notice.
So, what can we do to help reduce these threats and bolster public trust and confidence?
When I was practicing, I certainly did not win every case I tried or every motion I argued. Sometimes I just didn’t have the facts – or the law – on my side. And sometimes, even when I thought I had a good case, I still lost. And, admittedly, I probably won some cases I shouldn’t have. But no matter the outcome, Bob always taught me to never speak ill of any court or judge in talking with my clients or the public. We took seriously our ethical obligation to show respect toward the judicial system and legal process.
As Bob demonstrated to me, both lawyers and judges are leaders in Missouri’s legal community. What we tell our clients, our neighbors, our friends and our family – and what tone we take – all matter because we influence others, whether we realize it or not. We should tone down our rhetoric when we talk about any judicial decision with which we disagree.
We must remind litigants, our clients, and the public that neither judges nor lawyers are above the law. all of us are accountable – to our constitutions, laws and ethical rules – and subject to criminal sanctions if we break the law. In addition, Missouri judges have financial disclosure requirements, just like elected officials in the executive and legislative branches.
We also need to provide more accessibility and transparency, so the public better understands our system. After all, more than 95 percent of all cases are heard in state courts, not federal courts. We want people to feel like their state courts are relevant in their daily lives.
It is not enough to say that justice is being done. The public must see first-hand it is being done before they will begin to believe it is being done. Last week, our Supreme Court started live video streaming of our oral arguments, giving more people a view of what is happening at the Court. Now the public can watch arguments from their computers or mobile devices, without having to travel to Jefferson City.
We also need to better utilize social media, because like it or not, people increasingly rely on social media for information. So we all need to provide accurate facts about how our courts and legal system work. When we see incorrect information, we need to flag it and fix it. Many of your organizations already have social media accounts. Now the Supreme Court is starting accounts too. This way, we can help more people learn about activities and programs at all levels of the courts and spotlight incredible individuals for the hard work they do every day. If you have any ideas of what we can share, please let us know!
Utilizing technology in the courts and in the practice of law continues to be essential. I learned this early, because Bob loved technology, which might surprise you about a guy who used to have a side gig playing Mark Twain. He especially advocated technology that could help us serve our clients better, more efficiently, and at a reduced cost. As a result, our firm was always on the cutting edge. We were early users of computers and, in fact, we were the first law firm in Hannibal with a dedicated fax line! (Hey! It was revolutionary back then!)
Today, we stand on the brink of another technology revolution –generative artificial intelligence.
AI is already in our lives. If you’ve used Siri or Alexa, you’ve used AI. You know those ads that show up right after you were shopping online? You have AI to thank for that. And no matter what legal research tool you are using, it probably has AI built into it.
Generative AI is being incorporated into legal processes worldwide. Some countries are deploying AI to increase access to justice. But other countries are using AI to replace human decision-making and “correct human error.” One country is even developing an AI system to decide family law cases – a judge only gets involved if there is an appeal. That scares me.
The bottom line is this: Generative AI is here to stay, and its use in our profession is inevitable. We all have practical and ethical duties to become competent about generative AI. But we also have an imperative to establish appropriate guardrails around its use in our legal profession.
If they haven’t already, your clients – large and small – will start asking you to find ways to use generative AI. They will expect you to reduce the cost of legal services while maintaining high standards for the quality of those services. We should find ways to be more efficient so we can be more effective at the uniquely human elements of our work.
Missouri courts are taking a lead in shaping our future. Our judicial AI work group is developing policies and strategies to help the people who work in our legal system, not to replace them.
Speaking of people we value, I value all of my colleagues on our Court, including our newest member – Judge Ginger Gooch, who joined us this past November. Ginger, we are thrilled to have you on our Court. And for those of you who are counting, yes, we still have a female majority on the state Supreme Court.
I know Judge Gooch has also had great mentors in her career, including Judge Ann Covington, for whom she clerked after law school. Judge Covington is a mentor who made a lasting impact on everyone she encountered, including me.
Judge Gooch and I were fortunate to have mentors like Judge Covington and Bob and others along the way. Everything they did served as an example of ethics, professionalism, and civility. They exemplified leadership through actions, not just words.
As I reflect on the profound impact people like them have had in shaping my professional journey, I am more driven to express gratitude at every opportunity to all those who have helped me.
Perhaps you, too, have been thinking about the special mentors in your lives, whose investments shaped you into the individuals and professionals you are today.
We all benefit from the knowledge, experience and generosity of those who have come before us. Let us not take their support for granted. Let us seize the opportunity now to express our gratitude to those who have helped guide our careers.
I appreciate you indulging me today as I have shared how instrumental Bob’s mentorship has been to me. I never will forget his wisdom, guidance, humor and unwavering belief in my abilities.
And as we go forward, let us find ways to play a role in the success of others by mentoring and developing another generation of lawyers and leaders … not because we hope to gain anything for ourselves, but because we are invested in making sure our legal profession remains headed in the right direction.
So I encourage you to lift others up as we navigate the future together. Who knows, our small actions today could result in a profound impact on someone else in the future!
Thank you.