Randy's Views

A Chi-Rho medallion. What is the connection, if any?

Just after Jesus Christ’s death (around 64 A.D.), especially during Nero’s (Nero Claudius Caesar Augustus Germanicus) term as Roman Emperor, Christians were persecuted. If identified, they were ridiculed, mistrusted, and politically ostracized. Often, they were accused of crimes and prosecuted.

The level of disdain by the opinions and political atmosphere of the moment made it basically impossible for Christians to discuss or display their faith openly. Hence, they turned to symbols. Most of the time these symbols were carved on the walls of catacombs, etched in the slabs of rock or marble on walkways, or carved on the slabs sealing tombstones.

Many of the symbols most recognized today include the fish or a dove. Some use the Alpha and Omega, the first and last letters of the Greek Alphabet, based on Biblical references describing Christ as the Alpha and the Omega – the beginning and the end.

One symbol that is not so common is the Monogram of Christ. There are different technical descriptions regarding how to form the symbol. The most common is the symbol which results from superimposing the Greek letter “X” (chi) over the Greek letter “P” (rho) which are the first two letters of the Greek word “Christos” or Christ. Another form is created by the overlay of the initial “I” and “X” based on the two initials of the name in Greek which is translated as Ihsous Christos. When created, the symbol reflects six intersecting lines pointing in the six directions of the Creation.

So what would all of this ancient Greek history and the plight of persecuted Christians have to do with the modern day Two Dollar Bill. Well, early Christians used the Monogram of Christ to accomplish two purposes. First, they used it let other Christians know that they were not alone. So, the Monogram of Christ was etched, written, and carved in places so that Christians would see evidence of, and take comfort in the fact that other Christians were present. Second, it was a means of identification without display. A simple medallion or later a coin permitted Christians to easily identify each other without the risk of public persecution if their identity was commonly known.

In today’s world, a different form of persecution exists. It is the persecution of political correctness. Religion, faith, and especially Christianity have somehow become taboo topics for “elevated” conversation. Indeed, absent some level of confidence in the sentiments of others, most now prefer that the topic never come up.

As a result, some Christians have resorted to a different symbol of faith – carrying a Two Dollar Bill. There does not appear to be anything especially religiously noteworthy about the bill (although it does have on it “In God We Trust” and it displays the Declaration of Independence which expressly recognizes our “Creator” and that rights come from Him).

But there is something that makes it noteworthy. People do not typically carry around a Two Dollar Bill. Carrying around several Two Dollar Bills is even more unusual. Yet, quietly, folks do it. Recently, after getting a shoe shine, the fellow noticed a couple of Two Dollar Bills in the wallet and asked – “so, are you a Christian.” Upon hearing the answer, he opened up his money and there were seven Two Dollar Bills. Nothing further had to be said. He gave out one of his Two Dollar Bills to share “down the road” as he put it.

Of course, this badge of Christianity does not directly parallel carrying the Monogram of Christ during the Nero persecution. But it is a sign of the times - a small sign, but a sign nonetheless.

The chaos of the Presidential nomination process continued this week with the South Carolina Republican Party’s decision to schedule its Presidential primary on January 19, 2008. Remember, the General Election is November 4, 2008, almost ten months later. South Carolina insists that its primary be the first in the South.

Anticipating the game of Presidential nomination one upmanship, Iowa and New Hampshire (the traditional one-two punch of Presidential politics) have state laws that require that they remain first and second, regardless of the date. Iowa’s election law requires that its Presidential nominating caucuses be held at least eight days before any other state votes. New Hampshire’s election law requires that its state primary be held at least one week before any other primary. The math is simple – take whatever date some other state picks and subtract at least fifteen days.

The current bidding for the third spot is between Florida and South Carolina. Before South Carolina’s recent move, Florida had moved its primary date to January 29, 2008, just ahead of the mega primary on February 5, 2008. Georgia, along with approximately twenty other states, all hold their presidential preference primaries on February 5. (Michigan and Nevada remain in the mix for the third slot behind Iowa and New Hampshire, but seem to have lost their appetite for more bidding. No one seems to care about the District of Columbia’s early primary date.)

In the scheme of things, the number of delegates at issue is not really significant. In order to win the Democratic nomination, a candidate must receive 2181 delegate votes at the Democratic National Convention which begins August 25, 2008 in Denver, Colorado. For the Republican nomination, the number is 1259 delegate votes at the Republican National Convention which begins September 1, 2008 in Minneapolis – St. Paul, Minnesota.

Measure against these numbers; Iowa has but a mere forty-one Republican delegates and fifty-six Democratic delegates. New Hampshire has only twenty-four Republican delegates and thirty Democratic delegates. In total, Iowa and New Hampshire, combined, have less than five percent (5%) of the delegates needed to nominate a candidate for President. Yet, every one concedes that doing well in both of these states is a necessary step toward winning the nomination of either national political party.

But, this is not the end of the story. Not even the most seasoned political observers dare predict the impact of the over twenty primaries all scheduled for February 5, 2008 (especially since they include the delegate rich states of New York and California). In fact, just four of the states holding primaries on February 5, 2008 - New York, California, Georgia and Illinois - yield an impressive 1009 Democratic delegates and 416 Republican delegates. If just the delegates from the other southern states holding primaries on February 5, 2008 are added, the total delegates at stake as of February 5th easily exceed the number required for the nomination in both parties.

Basically, February 5th will undoubtedly answer any lingering questions about who the Democratic and Republican nominees will be. Of course, the $64,000 question is whether there will be any lingering doubts when February 5th rolls around.

Obviously, a sweep of both Iowa and New Hampshire would go a long way toward putting the nomination away early for a presumptive nominee. On the other hand, in the world of cable news and internet access (and American Idol), anything less just focuses the Democratic and Republican nomination contests on the leading candidates in each party.

Two or three person debates have much more meaning than the marginalizing formats to accommodate all the candidates that exist now. In this context, the first state to follow Iowa and New Hampshire could be the most important state in the selection process. Hence the race between Florida and South Carolina to be third. Or, it could just be another state on the way to Tsunami Tuesday – February 5, 2008 – the day Georgians vote.

Don’t blame all lawyers!

Recently, the new President of the Georgia Bar Association wrote in a column to Bar membership this conclusion: “Lawyers are never going to be popular with the general public, but we are generally held in high esteem by our clients.” For a nation built on the rule of law (which necessarily depends on lawyers), this is a disappointing commentary on where Georgia lawyers stand.

A large part of the problem for lawyers has been self-inflicted. Notwithstanding mounting evidence of the problems arising from frivolous lawsuits, excessive verdicts, and systemic failures in Georgia’s criminal justice system, the Georgia Bar Association (the governing organization for Georgia lawyers) has insisted that there is not and has never been a problem. Even as little league coaches became more fearful of litigation and playground equipment virtually disappeared from schools, the Georgia Bar’s leadership went into attack mode against anyone (especially legislators) who suggested that there might be a problem.

The currently mandatory bar association elected to declare war instead of working towards solutions that all Georgians want and expect to preserve Constitutional protections of justice for all. It was “my way or the highway” and the highway led to the marginalization of the Bar in the operation of government, the public’s opinion, and even among most lawyers.

What a lot of people don’t know is that, unlike the American Bar Association (where lawyers who disagree can cancel their membership), the Georgia Bar Association is not a voluntary organization. Georgia lawyers have no choice. Every attorney practicing in Georgia must be a dues paying member. Yet, as reflected by attendance at the 2007 Georgia Bar Convention, only a very, very small percentage of the 38,000 lawyers in Georgia are involved in the decisions of the Bar Association. The fact is that the vast majority of members have been so disenfranchised that they simply decline to participate, attend, or sign up.

Why?

Probably the best illustrations come from the comments of the outgoing and incoming Bar presidents (reported in the August issue of the Georgia Bar Journal). As to working with the General Assembly and the Governor, the tone was clear. After setting its highest legislative priority, the new Bar President said: “This is just one issue the State Bar is working, however. And I am sure there will be others, as always, that will require us to ‘play defense’.” “As always?” There was a time when the Bar was part of the process. Lawyers worked with legislators and governors – not against. They did not always agree, but they did work together.

Discussions, much less legislation, aimed at addressing litigation ills is tantamount to “lawyer treason” according to Georgia’s new Bar President. Here are his comments: “When the American People repeatedly hear sound bites in the media about frivolous lawsuits . . . runaway juries – and, yes judicial activism – with little or no response, then that is an attack on justice. . . .”

There is another explanation - one that is shared by most Georgians – frivolous lawsuits and runaway juries are a problem. Rather than work toward solutions that protect justice for all, the Bar has decided to use Bar resources to achieve political ends.

So, the outgoing Bar President (and former head of the plaintiff/personal injury trial lawyer association) hired “expert help” in the form of a “rare breed of consultant” as part of the Bar’s new public education effort, which includes “a major broadcast advertising component planned for this year.” Notably, he learned through this process important things like “facts don’t matter.” The new Bar President made clear the program will continue with “a significant statewide campaign of television commercials.” And their purpose – boldly stated by the former President, “we used these messages to advance our perspective under the Gold Dome.”

So how does the Georgia Bar Association pay for all of these consultants, lobbyists, advertisements, “television commercials” and “campaigns” – mandatory dues from lawyers, even those who may not agree with the Bar’s political battle plan. Interestingly, buried in the back of the Journal was a notice of a Bar proposal to INCREASE the cap on mandatory bar dues from $250 to $350 per lawyer.

Here is a different idea – listen to the voices and concerns of Georgians and work with the Governor, the Legislature and local community and business leaders to solve Georgia’s problems. Listening works much better than high priced consultants and expensive advertising budgets. Be part of the solution, not part of the problem – that’s what most Georgians and most Georgia lawyers want.

Georgia judges are underpaid. That is actually an understatement. Georgia judges are terribly underpaid. That is still an understatement. The data is compelling and disturbing.

The starting pay for the larger Atlanta law firms is now $145,000. It is shocking – but it is also true. While there is little that can be done about starting salaries at some of the most prestigious law firms in America, it does provide a useful benchmark for assessing the pay of seasoned, talented and intelligent jurists who have long passed their first foray into the law.

So, first year lawyers fresh out of law school will make $145,000. After excelling in nineteen years of schooling followed typically by a year or two of judicial clerkships accompanied by the often times sizable student debt following law school, they undoubtedly believe they deserve it. Of course, not all lawyers make this kind of money. Big law firms justify this level of compensation by insisting that it is necessary to attract the most talented and gifted lawyers – a goal the State of Georgia undoubtedly shares for its judiciary.

Unfortunately, that is where any meaningful comparison of judges to attorneys in the private sector in Georgia ends. Currently, the State of Georgia pays Superior Court judges approximately $31,530 LESS than the starting pay of a lawyer at a large Atlanta law firm. While most state judges receive a supplement from local counties and jurisdictions, it is no where near the amount they would command in the private sector. The fact is – Georgia is not competitive in its compensation of judges if its goal is to attract and keep the most talented and gifted lawyers by paying them.

Indeed, Georgia’s appellate judges (those serving on the Georgia Court of Appeals and the Georgia Supreme Court) are in no better shape. Georgia Court of Appeals judges are paid $157,000 while Justices on the Georgia Supreme Court are paid $158,000. Any comparison to partners in big, medium, or smaller law firms would be embarrassing. And, Georgia should be embarrassed. The best estimates are that judges are paid approximately one-third of what their counterparts in the private sector are paid.

While the pay is much lower, the risks for judges in today’s world are so much greater. Disgruntled litigants pose serious and immediate dangers to judges and their families. Random acts of violence threaten the lives of judges and court personnel. Political campaigns are now more expensive and contentious than ever. The internet and constant news coverage guarantee that any misstep is posted everywhere.

Basically, Georgia judges are understaffed, overworked and underpaid.

Yet, they have one of the most important roles in an open and free country based on the rule of law. They resolve disputes. This is no small thing. Whether private litigants or public officials, judges civilly and peacefully decide controversies. At the core of a constitutional republic, judges separate chaos from order; armed conflict from peaceful resolution; and, a democracy from tyranny.

There was a time when the common retort to arguments for judicial pay increases was that there was no shortage of people who wanted to be judges. That is no longer the case. Increasingly, lawyers are taking a pass on leaving lucrative law practices in favor of judicial public service. Those who chose to serve, as well as those who continue to serve, do so at great personal sacrifice.

Given the importance of our judiciary in modern times, there is no legitimate reason not to increase the pay of judges – dramatically. Eventually, inadequate judicial pay will lead to crisis in our constitutional form of government – if it is not already there.

When bridges collapse, people lose their lives and only then does the government react. When the judiciary collapses, lives, liberty and rights, including the right to justice for all, are lost. Georgia cannot wait for a collapse to act.

Georgia judges deserve respect for the jobs they do. Respect begins with fair and meaningful compensation. Anything less is a disservice to them and an embarrassment to Georgia.