Justice Speeches

On the Occasion of the Award of the Ohio Bar Medal

Thank you for this medal. As someone who a decade ago had to help decide upon whom to bestow this award, I am deeply aware of its importance and stature throughout the Ohio legal community.

I can never publicly thank every individual who helped me become a better lawyer, a better judge, and I hope, a better person. But I know that there are some without whose support I would never have been considered for this great honor.

So, I wish to thank my father and mother, both long deceased, plus my 5 siblings, 2 of whom are here today, and my dear wife Jane and lovely daughter K.C., both here and very much a part of my life, for all their love and support over so many years.

I must name Barbara Howard, Doloris Learmonth, and the late Jack Stith, for without
their encouragement, I would never have even become involved with the OSBA. Ever!
Last, I also wish to thank my Supreme Court co-workers, my fellow OSBA members, and my St. Xavier high school buddies, the so-called Brewers, some of whom are here today, too.

Instead of trying to impress upon you some words of my personal wisdom, [something which my dear wife would say does not exist anyway,] I wish to take a few moments to speak about an issue I believe is the most important one facing our Nation today, and that is:

the stubborn refusal, from all sides of the political spectrum, to listen to others with whom one may disagree.

We must revive the cultural norm that we can disagree without being disagreeable. And the bar and bench must lead this effort, and begin so today.

Among other things, this issue has had a demonstrable, and deeply negative effect on our young people, and that is most worrisome to me.

Recently, for example, there have been incidents at three universities that illustrate this problem among America’s youth.

First, some students at Xavier University demanded that the appointment of an individual
as a scholar-in-residence be rescinded, only because those students disagreed with the
appointee’s views. Such an ultimatum chills speech, and is not acceptable, and thankfully
Xavier’s leadership did not accede to it.

Second, students at Stanford Law were so disruptive that a federal judge could not give
a presentation. Worse, was the behavior of an associate dean who encouraged this misbehavior. This is a travesty to me, and fortunately, the Stanford Law dean thought so too.

Lastly, some Columbia Law students visited the U.S. Supreme Court and had their picture taken with a justice. Classmates protested, and those in the photo were demonized and harassed solely because they had a picture taken with someone
with whom the protesting students disagreed. Such behavior is unacceptable too.

The entire structure of American governance is based upon the foundation that all reasoned arguments from the entire political spectrum must be heard. That, is what made America great!

In courtrooms, both sides are heard before decisions made. In our court, we hear from both sides equally.

The General Assembly receives both proponent and opponent testimony and arguments before a vote.

Agencies and courts, in their rule-making, and local governments, when enacting ordinances, encourage public comments.

Debate may be passionate, but we must lead the way toward civil adversarial discourse in Ohio, and throughout America.

And why does this duty fall upon us as members of the bar and bench?

Because under the U.S. Constitution, soldiers and sailors are optional and not mandated in Article 1, and priests, rabbis, imams, and ministers are optional under the first Amendment.

But both Article 3 and the sixth amendment presume the pre-existence of lawyers and judges in order for the U.S. government to work properly, and that is also true under our state constitutions.

We lawyers and judges are the fiduciaries to those 51 constitutions. We must be our constitutions’ guardians, or they will fall.

Please also acknowledge, it is simply not enough for everyone to be permitted to speak. Rather, each of us individually also should commit to listen to those with whom we disagree, or we will end up “hearing without listening” as noted by Simon and Garfunkel in “The Sounds of Silence.”

The bar must take on this challenge and be the protectors of the right to be heard.

If not us, then who? To paraphrase Edmund Burke: “The only thing for the triumph of evil is for good [people] to do nothing.” Hence, all ‘good people’ must act! And now! To save our country and our youth.

So, I ask every bar leader and judge, please, please stand up, and help the organized bar so that it will lead this entire country back to listening to one another, especially those with whom we may disagree.

For the good of us all, for our children and our children’s children, and for the good of this entire nation.

Diversity and inclusion must mean more than gender and race. Listening to differing viewpoints is the true essence and underpinning of widespread American diversity and the foremost form of inclusion, and the basis for America’s success.

Our United States of America, the greatest nation ever, is at stake. Our republic is based on the proposition that all are created equal. Part and parcel of that equality is an equal right to speak out, and an equal right to hear views that differ from our own.

For without listening to reasoned positions enunciated along the political spectrum, Americans cannot reach the critical analysis necessary to carry this country forward. We must remain unswervingly devoted to this principle of free speech.

Why? So that President Lincoln’s “government of the people, by the people, and for the people shall not perish from this earth.”

The OSBA, and similar groups, must act and act now!

Again, thank you all so much for this highest of honors, and hopefully, for listening to and considering my differing viewpoint today.