Reflections on and challenges concerning two great American traditions.

As you read this, you can stare out the window of your home or office and observe the grey, sullen November sky that is a harbinger of what we know will be only the latest in a long line of cold, windy Midwest winters. Deadlines being what they are, I write this on a hot, humid 90-degree September day, likely the last time these environs will see that kind of heat until next June or July. As I bask in the comfort of my air-conditioned home, I’m thinking of just what my jet-lagged brain will direct my fingers to type, having just returned from 11 days in Italy with other ISBA members on a tour of Rome and Tuscany.

Lest you think a “president’s trip” is all fun and games, it was a learning vacation for yours truly. While touring Rome with our group, we heard from our guide the story of Romulus and Remus, brothers who founded the city of Rome, and I subsequently learned that November gets its name from the Latin word novem, because, as it turns out, November was the ninth (and last) month in King Romulus’ calendar, circa 750 BC. As an aside, Romulus became king (with the power to create calendars) not in some antiquity-based version of primogeniture being the primus inter pares of dear old dad Mars, but in the old, old-fashioned way: He killed his brother Remus over a dispute the two had concerning on which of the seven available hills on the banks of the Tiber Rome would be built. Romulus’s victory and Remus’s demise ended the dispute with Rome’s Palatine Hill being declared the winner, and the rest, as they say, is history.

Preserving America’s unique traditions

Which brings me, somewhat indirectly, to the point of this month’s exercise. November to most Americans is important, not just because it’s my birthday month (although it is), but rather because we celebrate two quintessentially American traditions: Election Day and Thanksgiving. Together, these two events symbolize why America is (in my opinion) special, even unique, among the countries of the Earth. We not only cherish our democracy but are continually working to preserve and improve upon it. This month, we do this by exercising our right to vote.

Indeed, our task—our duty—as lawyers is to be at the forefront of the effort to ensure that all who wish to vote can. In that effort, we are guided by Lincoln’s ideal “that government of the people, by the people, for the people, shall not perish from the earth.”

The surest, if not the only way, is to guarantee that the right to vote remains absolute and inviolate, accessible and unfettered for all voting-age citizens.

As lawyers, we can do our part in many ways. We can do it by volunteering to be election judges and poll watchers; by donating our time and effort to elect the candidates of our choice; and talking to our friends, family, and clients about the upcoming judicial elections. Granted, most voters may have no clue as to which of the judicial candidates are best qualified to hold the offices they seek; therefore, one of the most important functions the ISBA performs is done by our standing committees on Judicial Advisory Polls and Judicial Evaluations. The incredible work the members of these committees perform is widely and rightly known for being diligent and thorough. However, while our judicial polling and evaluation committees provide unbiased, nonpartisan, detailed information to the public, few in the public even know these programs exist, and even fewer will read the occasional media article relaying this information.

Therefore, as lawyers, it is up to us to educate the public about judicial elections and advocate for those candidates we believe will truly enhance access to and administration of justice. Please join me and take the time to talk to people about our polling and evaluation processes, and the importance of our upcoming judicial elections. Educate them about the information available, and the importance of making an informed choice. I truly believe that it doesn’t matter which candidate or candidates you believe are the best ones. What matters is that you make the effort to educate nonlawyers and encourage them to vote based upon information not inclination.

Most importantly, there will be winners and there will be losers. It is inevitable that as voters we will not like every outcome. But it is critical that as lawyers, we send the message to our nonlawyer clients, friends, and family members that the process is fair and free, the very essence of elections in a democracy. Free and fair elections are always more important than who gets elected. The process is always more important than the product the process delivers.

Giving thanks

Later this month, when we all gather with friends and family to take inventory of our blessings, and express gratitude for them, I encourage us all to remember two things. There are many here and around the world who don’t have the many advantages we enjoy as Americans: fair and free elections and, at the very top of the list, real democracy. As lawyers, as leaders, we should be mindful of the adage “to whom much is given, much is required.” Let us express our thanks for what we have by using our time, talents, and treasure to give to those less fortunate.

Second, as we give to others less fortunate, let’s give thanks for those close to us—our families and friends who depend on us, look up to us as role models, and love us unqualifiedly. Hug your spouse, your partner, your kids, and grandkids; show them—better yet, tell them—how much they mean to you, and how important their love and support is for you to be able to do what you do. Happy Thanksgiving, my friends!