Sad News

By Joan Stone

We have a tendency to think that our lives will slow down in the summer months, with nothing more onerous to attend to than swim in the pool, catch a baseball game or - this year - watch the Olympics on television. This is especially true in the often-searing heat of Sacramento.

However, for our esteemed, and largely unsung, volunteer editor Chris Krueger, this is not the case. Chris still has a magazine to put out, in addition to his day job at the Attorney General's Office. As part of his editorial duties, Chris has to round up the necessary articles from a motley crew of volunteers, including this writer, which he does with much-appreciated grace, charm and wit.

I have to confess that, I hope uncharacteristically, I am a chronic procrastinator as far as this column is concerned. It is usually written just as the Sacramento Lawyer is ready to go to press, with the result that, sometimes, I can write about more recent events than the magazine can cover. This month, unfortunately, this includes some especially sad news.

It is with great regret that I tell you that our 2003 president, and my dear friend and mentor, Bion Gregory died suddenly, on September 15, at the age of 64. Bion's untimely death is a great loss to the SCBA and to me personally. We have lost not only, his wit, humor and outstanding intellect, but also his loyalty and wise counsel on some of the more difficult issues that we have to face. The November/December issue of the Sacramento Lawyer will be dedicated to Bion's memory. There, you will read more about his remarkable life and his amazing contributions. Our hearts are with his wife Patty at this difficult time.

There is one other issue that I want to touch on that is the result of breaking news. Recently, one of our Superior Court judges, Loren McMaster was threatened with a recall attempt because of a decision he made in a pending case. This raises the much bigger issue of the crucial need for the members of the bar to support judicial independence. As always, I disclose that I work for the judges of the Professionals Superior Court. That fact in no way disqualifies me from addressing a fundamental duty of every member of the bar.

Hopefully, you will, by now, have read the excellent article on this subject by State Bar President Anthony Capozzi in September's California Bar Journal. As Tony points out, "Judicial independence is a concept that forms the very foundation of our judicial system."

The effectiveness of the administration of justice depends in large measure on confidence. The reporting of inaccurate or unjust criticism of judges by the news media erodes public confidence and weakens the administration of justice. It is vital that nonlitigants as well as litigants believe that the courts, their proceedings and decisions are fair and impartial. Judges themselves cannot respond publicly to criticism. The canons of judicial ethics prevent comment on pending cases. I support Tony's belief that it is a basic responsibility of the bar to assure that the courts are not intimidated or subject to political pressure. We must ensure a dialogue so that the public is educated about the importance of judicial independence to the preservation of the rule of law and to democracy itself. As part of the organized bar, SCBA must take the lead in defending judicial independence whenever and wherever it comes under attack.

September / October 2004