Message From the President

I was recently surprised to learn that a little more than fifty years ago, the bathrooms and entrances at the Martin County Court House were segregated. Then, not many could have foreseen the progress we would make in the civil rights arena, and that we would so soon elect our first African-American President. In the hustle and bustle of our daily lives, it is easy to forget how far we have come. As I write this article, our court houses, schools, and other institutions are closed in celebration of Martin Luther King’s birthday. On this day, let this message serve as a reminder of King’s contributions, and the significant role of the legal profession and judiciary in the civil rights movement.

In 1964, King became the youngest person to receive the Nobel Peace Prize for his efforts to end racial segregation and racial discrimination through civil disobedience and other non-violent means. Throughout his life, he remained true to his ideals of non-violent protest, even though he was jailed twenty-nine times, and was the victim of beatings, harassment and even bombings. Ultimately, he paid the highest price for his efforts to make democracy a reality for all Americans.

Perhaps the best known legal decision of the civil rights era was Brown v. Board of Education, 347 U.S. 483 (1954), which rejected segregated school systems and by implication, overturned the “separate but equal” doctrine established in Plessy v. Ferguson, 163 U.S. 537 (1896) (holding that equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be separate).

Brown was initially argued in 1952. Realizing the significance of their decision and being divided among themselves, the Supreme Court took until June 1953 to decide they would rehear oral argument. In September 1953, President Eisenhower appointed Earl Warren, Governor of California, the new Supreme Court Chief Justice. After the rehearing, Chief Justice Warren took nearly six months to assemble a cohesive and unanimous decision from the splintered Court. Writing for the entire Court, Justice Warren concluded on May17, 1954, “…in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.” Brown at 495.

At the rehearing, Plaintiffs were brilliantly represented by counsel. On behalf of the Plaintiffs, Thurgood Marshall provided the Court with a vast amount of scientific evidence from prominent social scientists in support of desegregation. There was also evidence concerning the negative impact domestic racial policies could have abroad. Historians note that these arguments were especially effective against the backdrop of the Cold War and the defeat of the Axis Powers in World War Two.

At a time when many critics feel there are too many lawyers and too much litigation, it is important to remember that the legal system played a pivotal role in dismantling segregation, promoting social justice, and ensuring that people of every color shared in the same fundamental rights guaranteed by our Constitution. As we celebrate King and his legacy, remember our own profession’s contributions, and the vital and lasting roles played by judges and lawyers in making – and keeping – the values we hold dear.

Best regards,
Scott Konopka, President

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