Georgia Bar's Shattered Glass Reflected Stark Differences in Lawyers' Opinions
Responses to the bar's messages—first on the damage to the building during violence, then on "systemic injustices" to African Americans—produced harsh criticism from opposite sides, along with gratitude.
June 11, 2020 at 11:47 AM
13 minute read
There are 52,000 members of the State Bar of Georgia, each a highly-trained advocate on matters concerning the legal system. So it's not surprising some had a lot to say when the bar building was damaged last month after peaceful protests against racism and police brutality turned violent.
What was remarkable were the stark differences in the lawyers' opinions—first in response to Bar President Darrell Sutton's initial report on the damage, and then the organization's broader statement on deaths of African Americans that led to the demonstrations.
A review of dozens of emails the bar shared with the Daily Report showed that many members thought Sutton, in the first letter, cared more about broken glass at the bar building than about the racism and deaths being protested.
"At a time when our country is engulfed in protest over the murder of a black man at the hands of the police, at a time when unemployment threatens the fabric of a civilized society, and at a time when a pandemic is disproportionately attacking people of color, you chose to focus your Saturday night email on the damage to a building that the State Bar of Georgia owns," wrote Allegra Lawrence-Hardy in a message she copied to the Daily Report.
After the bar sent a second message June 6—stating that the deaths of George Floyd, Ahmaud Arbery and others "have highlighted the long-standing and systemic injustices and unfair treatment that African-Americans and other minorities endure"—more emails arrived.
Some suggested the bar was engaging in a "rush to judgment" against the defendants accused in the deaths or that it was supporting rioters. "How about those of us in pain over small business owners who've been wiped out or police officers who've been injured in the riots and looting?" asked one bar member, who was not identified. (All of the messages shared by the bar did not include names; Lawrence-Hardy was the only member to share her note with the Daily Report.)
"Criticism is important," said Sutton on Monday, less than a week before he hands the reins of the organization to Dawn Jones. "It helps us do better."
He said the initial email he sent after the building was damaged was not meant to address the issues underlying the protests; he sent it to answer questions from members who knew the building was near the center of the demonstrations and inquired about the building.
Nonetheless, many members viewed the initial letter as the bar's complete statement—one that was lacking empathy toward the issues facing African Americans, he added. "I'm sorry I fell short," he said.
Sutton noted that the first letter didn't identify the security guard who was working at the bar building the night of the protests beyond his first name, James, because the guard—who works for a contractor, not the bar itself—had asked that he not be identified.
The second letter was, he said, meant to address what led to the protests.
Here is Sutton's initial letter, followed by a sample of the emailed responses to the initial letter; the second letter sent on behalf of the entire organization; and a sample of the second batch of messages.
"Thanks for putting in the effort to craft a statement related to the many racial issues that plague our profession and our nation," read a response to the second letter.
The First Letter
May 30, 2020
Friends and colleagues,
The events that took place across Atlanta last night have left Bar leadership wrestling with the same emotions felt by so many of you and so many in our city, our state and our country: sad and heartbroken, troubled and angry.
Although it may be far down your thoughts, we have last night and today received numerous questions about whether the Bar Center was damaged. This building is owned by Georgia's lawyers, and we feel it appropriate that y'all be provided an update about how it was affected.
As the crowds around CNN Center and Centennial Olympic Park were dispersed, some were driven up Marietta Street toward the Bar Center. Some of them threw rocks, trash cans and other objects at the building, breaking glass in the windows and doors of the Marietta Street entrance, as well as other street-level windows along that side of the building. There was also graffiti spray-painted along one of the walls adjacent to the Marietta Street entrance.
The security guard on duty last night, James, had a harrowing experience, but there were no intruders and he is safe. The Bar's office manager, Mary McAfee, spent the night communicating with James and providing updates to Bar leadership. Yet again, the Bar's employees have demonstrated their dedication to our organization, and we are very thankful for them.
Early today, many of your colleagues joined hundreds of others in downtown Atlanta to aid in clean-up efforts. That included the boarding of the Bar Center's damaged windows and doors, and the building remains secure.
Please take some time today to reflect and pray for our city, state and country; for the identification of the common ground where we can stand together and begin to find change and healing.
Sincerely,
Darrell Sutton President, State Bar
Responses to the First Lletter
- "While I can appreciate the need to respond to questions regarding the status of bar headquarters, as the leader of the Georgia Bar, you could have issued a more direct, forceful statement regarding the unjustified killing of George Floyd. … [C]ertainly the unjustified killing of African Americans is an issue of concern to Georgia lawyers. With all due respect, vague references to 'common ground' and 'change' are insufficient."
- "I think it is about time the State Bar of Georgia takes a firm and outspoken stand against mob behavior like this. Trying to sell this behavior as just the Mobs way of exercising their expression of free speech is a total cop out. … How about following up on your damage report with a real plan to present to the Governor, the Mayor, the City Council, the Chief of Police and the Fulton County District Attorney, to crush these riots as soon as the so called peaceful demonstrations begin taking on a mob attitude; and include the steps necessary to implement it."
- "Thank you for this report and for doing your important work we need you to do!"
- "To comment and show concern about damage to property without even a word about the injustice that led up to this, is disingenuous at best. Instead of simply praying for the city why don't you pray for the family of that murdered young man and that justice be done."
- "This message is frustrating to read. It's tone deaf to the greater problem of systemic racism. Lawyers need to do more in support of justice."
- "While I understand the sentiment, the fact you are expressing these emotions ONLY over the events in Atlanta with no similar expression of even dismay over what happened to George Floyd simply adds emphasis to the argument going about that if you're more concerned about property than human life, you're part of the problem. I'd expect more of our Bar."
- "Thank you for this update. We are praying for peace and for everyone to treat each other as he would want to be treated. We are sad and troubled by the death of George Floyd and by the reaction that includes hurting property and other people. Thank you for your leadership."
- "I'm glad James is safe. Has additional security staff been added, or perhaps all removed? What could security staff do when faced with an angry mob if there is a sudden cry to 'Kill All the Lawyers?'"
- "I'm more troubled by the violent acts targeting people of color and unchecked police brutality happening in this nation, and less about the events that took place in Atlanta. I would love to see a statement from the Bar about that."
- "Given the unique position of this organization and our field, it seems crucial that its diverse membership is supported during this time. As an active minority member of the Georgia Bar, I hope that the State Bar will issue a statement or stance regarding discriminatory practices towards minorities and social injustices as several companies, organizations and legal entities have done."
- "I believe that taking time to reflect and pray for our city, state, and country is at an end. There is something inherited wrong with a judicial system that constantly allows unarmed citizens, specifically African Americans, to be brutalized and killed by law enforcement officials with little or no redress. Over the weekend, my 8 year old African American son asked me if the police were going to kill him."
- "It is up to our body of legal professionals to stand up to this injustice. In particular, State Bar of Georgia's leadership must act now with bold initiatives that will help to change this caustic law enforcement culture."
- "Let's start with something concrete—urging GA Senators to pass the Hate Crimes bill introduced and passed by the House!"
- "Prayer is not going to stop police brutality. It is not going to stop voter suppression, as so enthusiastically practiced by the state's governor in the last election. It is not going to stop endemic racism. What will stop these things is when people in prominent positions—like you—stop calling for thoughts and prayers and stand up and say 'enough' and lend their powerful voices to finding solutions."
The Second letter
Friends and colleagues,
The State Bar of Georgia acknowledges that so many of our members are in pain due to the tragic deaths of George Floyd, Ahmaud Arbery and so many others. These deaths have highlighted the long-standing and systemic injustices and unfair treatment that African-Americans and other minorities endure.
As advocates, servants and justice-seekers, the State Bar opposes inequality in our justice system, we fight bigotry and racism, and we seek fairness and equity for all. Among its goals, our State Bar exists to improve the administration of justice, working daily to protect the public and support its lawyers. As lawyers, we are problem solvers and must use our special training and positions of leadership for the betterment of society.
There is much work to be done.
We commit to engaging, listening and learning from the experiences and perspectives of all those willing to share them. We will act upon what we learn to deliver on the promise of equal justice for all people. These conversations are uncomfortable, but silence is unacceptable.
This is just the beginning of the dialogue.
Sincerely,
Darrell Sutton President, State Bar of Georgia
Responses to the Second Letter
- "No comment on the looting, rioting and other violence? Silence is now being interpreted as indifference."
- "Will You please stop virtue signaling, and trying to be so politically correct. There is no systemic racism. But there is systemic victimhood. You are the Bar President, please act like it. You're not some Social Justice Warrior."
- "I am hoping that after this series of nation-wide protests over the death of George Floyd that legislators everywhere (especially Republican) will look to changing criminal codes to address long-standing inequities in the criminal justice system, especially as they impact African-Americans and other persons of color. If we do not see the seriousness of these issues while watching these ongoing protests, perhaps all of us should look to do other work."
- "Sad the State Bar divorces itself from the constitution, rule of law and duties of counsel to strive for acceptance to a braying anti democracy mob."
- "You can start by not kowtowing to the mob that insists that our justice system is inherently racist. It is not, and the bar should fight that false narrative."
- "Thanks for putting in the effort to craft a statement related to the many racial issues that plague our profession and our nation."
- "I agree with you that injustice of any kind, to any one, is completely unacceptable, under any circumstances. I do not agree, however, with your attempt to use your position in the State Bar to provide your views on social issues to the membership at large, or to tell the membership what response to these issues is or is not acceptable. These are serious issues and people need to think for themselves about them; they do not need unsolicited lectures by others."
- "Thanks for your following message and your progressive leadership and recognition of systemic racism in our legal system and society!"
- "I do not recall any similar statements for police officers who have died on duty."
- "I was losing sleep at night not knowing what the State Bar of Georgia thinks about this situation. I've now gotten emails from you, Ben and Gerrys, Staples, and J Crew. Any way you can have the GAP email me so I don't accidentally buy a polo shirt from them without knowing exactly where they stand?"
- "I would be happy to help start that dialogue. Please let me know your next steps."
- "I resent the idea that I am responsible for someone's death because he has made bad decisions and wants to blame everyone else for his choices. I think it is time for people to speak up and say enough is enough, don't blame me for the actions of a few and assume the that everyone is a racist. … The problem is not racism but hatred. Hatred is found in the hearts of many no matter the color is their skin."
- "You have done the bar a disservice by interjecting yourself and your office into current affairs. Judges need to be impartial and attorneys advocates. That's our system and we need to trust the system, not take politically expedient virtue signaling positions that suggest the bar, and perforce the state and the judicial system, have taken sides or picked winners. Prejudice is rash, impartiality takes time and patience."
- "A very thoughtful message from the Bar, Darrell. Thanks to all who put it together and supported it."
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