“Go, and Sin No More”

a p p l y i n g t h e l o r d ’ s m o d e l i n m a n ’ s c r i m i n a l j u s t i c e d e c i s i o n m a k i n g

Keith N. Hamilton, ’86, received love Brigham Young fault. The faculty, the staff, When I graduated from the 2012 byu Alumni Achieve- University, its alumni and my fellow students were this law school and entered ment Award for J. Reuben Clark association, and J. Reu- wonderful in their attempts to into active-duty service with Law School. Admitted to byu ben Clark Law School make me feel as comfortable the u.s. Navy jag, I did not Law School in 1981 after his bap- with all my heart, and as possible while I underwent have much desire to return to tism in 1980, Keith’s place was II cherish my associations with the difficult and grueling Provo beyond coming back for deferred until 1983 so he could so many great and wonderful course of study that is the law. the occasional visit with the serve a mission. He practices people related to each entity. I express my sincere gratitude Hansens and for special occur- law in Salt Lake City and has After delaying matriculation and appreciation to them rences at the Law School, such served as a member and chair of into the Law School to serve a for all that they did for me in as class reunions. But at the the Utah Board of Pardons and mission, I attended classes in making a very demanding and urging of then byu president Parole and as a member of the this building from 1983 until challenging time much more Rex E. Lee, who, as former governor’s cabinet. He has served 1986. For the most part it was a enjoyable and considerably dean of the Law School, was as a branch president, bishop, very lonely and difficult expe- less burdensome. I particularly instrumental in my admit- and temple worker. Keith is the rience for me as the first and wish to publicly express my tance here, in 1993 I returned author of the book Last Laborer: only black student at the Law love and gratitude to Reese and to byu with my young family Thoughts and Reflections of a School during my three-year Kathryn Hansen, who loved, to accept a position within the Black Mormon. Following are tenure. I never let on to oth- fed, sheltered, guided, and university’s alumni association. excerpts from his talk given to ers how difficult it was for me, mentored me through my law From 1993 to 1996 I worked for law students on October 16, 2012. because I knew it wasn’t their school years and since. the Alumni Association, which

38 clark memorandum While retribution While retribution has been » “Since 1980, the federal long accepted by the general prison population has grown has been long public as a key punishment almost 800 percent.”6 accepted by the oriented for public safety, many criminal justice thinkers » “Since 2002, the United general public and practitioners and most States has had the highest as a key punish- social scientists and theorists incarceration rate in the world. have long regarded it as the Although prison populations ment oriented “least accepted” theory of pun- are increasing in some parts of for public safety, ishment. However, “[retribu- the world, the natural rate tion] is suddenly being seen by of incarceration for countries many criminal thinkers of all political persua- comparable to the United justice thinkers sions as perhaps the strongest States tends to stay around ground, after all, upon which 100 prisoners per 100,000 and practitioners to base a system of punish- population.”7 Experts tend and most social ment.”2 to agree that, based upon the There is no doubt that retri- method of calculation, the u.s. scientists and bution is now the predominant rate is somewhere between theorists have theory of punishment utilized 500 and 755 prisoners per in the decision-making process 100,000 residents.8 long regarded of those who make, enforce, it as the “least and carry out the laws regard- » Huffington Post writers ing punishment within the Nake M. Kamrany and Ryan J. accepted” theory criminal justice systems of the Boyd note that the United of punishment. United States. I have gathered States “incarcerates 753 per the following statistics from 100,000” and that “compa- various sources as evidence: rable European figures include 153 for England, 96 for France, » “The United States is the 92 for Italy, 66 for Denmark “Go, and Sin No More” world’s leader in incarceration and 90 for Germany. . . . Over with [2.3] million people cur- the past forty years the number a p p l y i n g t h e l o r d ’ s m o d e l i n m a n ’ s c r i m i n a l j u s t i c e d e c i s i o n m a k i n g rently in the nation’s prisons or of incarcerated people [in the jails—a 500% increase over the United States] has increased past thirty years.”3 350 percent while population allowed me to establish lasting offenders. Of the various increased 33 percent, violent relationships with many more purposes for punishment— » “China, which is four crimes rose 3 percent higher people associated with the uni- general deterrence, specific times more populous than the than 1980 while property versity beyond my Law School or particular deterrence, inca- United States, is a distant sec- crimes dropped from 496.1 per associations. pacitation or restraint, reha- ond, with 1.6 million people in 1,000 in 1980 to 134.7 in 2008, I now will share a few bilitation or reformation, and prison. (That number excludes according to the Bureau of Jus- thoughts about something retribution—retribution has hundreds of thousands of tice Statistics.”9 for which I have more pas- become the primary purpose people held in administrative sion than even byu or the Law for sentencing, law making, detention, most of them in » “According to data main- School: the administration of and decision making within China’s extrajudicial system tained by the International criminal justice and particu- the United States. “Retribu- of re-education through labor, Center for Prison Studies at larly the way punishment is tion . . . is the oldest theory which often singles out politi- King’s College London, [the meted out against criminally of punishment, and the one cal activists who have not com- United States] has 751 people convicted persons in the which still commands con- mitted crimes.)”4 in prison or jail for every United States. Since my initial siderable respect from the 100,000 in population. (If you foray into the world of criminal general public.”1 Its roots stem » “The United States has count only adults, one in 100 justice some 35 years ago, our from the Mosaic practice of less than 5 percent of the Americans is locked up.) The criminal justice system has “an eye for an eye, and a tooth world’s population. But it has only other major industrialized become increasingly punitive for a tooth” (3 Nephi 12:38; almost a quarter of the world’s nation that even comes close is and harsh toward adult criminal see Exodus 21:24). prisoners.”5 Russia, with 627 prisoners for

clark memorandum 39 translates into the low incar- America’s current ceration rate within Utah. As far as criminal justice practice of retribu- decision making in Utah goes, tive justice and I am becoming alarmed at what I believe is a departure its exorbitant rates from Christlike attributes of incarceration by many criminal justice law makers and decision makers are throwing away in favor of more punitive laws too many of those and other decisions that result in the destruction of lives and lives precious in the costly burdens placed upon sight of God. our governments and com- munities. It’s easy to ask and answer the question “What would Jesus do?” I believe the much more pertinent question to ask is “What would Jesus have us do?”—an even harder question to answer on an indi- vidual basis. In His appearance to the Nephites following His Resur- rection and ascension to heaven, every 100,000 people. for those in their 20s and early per 100,000 and is the state Jesus taught that He had ful- The others have much lower 30s. Prisoners also tend to be with the lowest incarceration filled the law of Moses, includ- rates. England’s rate is 151; less educated: The average rate of all Mountain West and ing the law’s “an eye for an Germany’s is 88; and Japan’s state prisoner has a 10th-grade western states.16 eye, and a tooth for a tooth” is 63. The median among all education, and about 70 per- Since I began practicing requirement, saying, “Behold, nations is about 125, roughly a cent have not completed high law in Utah I have pondered I am he that gave the law, and I sixth of the American rate.”10 school.”14 why Utah’s incarceration am he who covenanted with rate is so much lower than its my people Israel; therefore, the » “In addition to overall All these statistics boil neighboring states and than law in me is fulfilled, for I have incarceration rates, the United down to the fact that because many other states in which come to fulfil the law; therefore States is also leading in rates of its sentencing policies, “the the majority of the electorate it hath an end” (3 Nephi 15:5). of female incarceration. In the United States is the world’s share similar political views, He taught His disciples that United States, women make leader in incarceration,” result- particularly the Southern “whosoever shall smite thee up more than one-tenth of the ing “in prison overcrowding states, whose incarceration on thy right cheek, turn to him whole prison population. In and state governments being rates are among the highest the other also” (3 Nephi 12:39) most countries, the proportion overwhelmed by the burden of in the United States. I have and that we should love our of female inmates to the larger funding a rapidly expanding concluded that it is, in large enemies, bless them that curse population is closer to one in penal system, despite increas- part, because of the influence us, do good to them that hate us, twenty.”11 ing evidence that large-scale of the gospel of Jesus Christ— and pray for them who despite- incarceration is not the most especially the restored gospel fully use us and persecute us » “The United States effective means of achieving as taught by The Church of (see 3 Nephi 12:44), “that ye may has striking statistics when public safety.”15 Jesus Christ of Latter-day be the children of your Father observing the racial [and age] Here’s another statistic: in Saints—in the lives of a great who is in heaven; for he maketh dimension[s] of mass incarcer- 2010 state incarceration rates number of its citizens. I do not his sun to rise on the evil and on ation.”12 United States prison in the United States ranged have any empirical evidence the good” (3 Nephi 12:45). populations are overwhelm- from the high being 867 per to support my conclusion, but President Thomas S. Mon- ingly comprised of young 100,000 in Louisiana and I truly believe that it is the son recently spoke of our need ethnic men.13 For all men, the low at 151 per 100,000 in efforts of the simple and aver- to develop the capacity to see “incarceration rates are highest Maine. Utah ranked 45th at 232 age citizen to be Christlike that people not as they are at present

40 clark memorandum but as they may become— “The worth of souls is great to reclaim the lost; the other is 5 Liptak, “u.s. Prison Population.” in essence, as the Lord sees in the [eyes] of [the Lord]” to avenge a wrong. 6 Kara Gotsch, “The u.s. Needs them. He said: (d&c 18:10), and America’s It is my prayer that we will to Make Prison Reform a current practice of retributive learn to love and forgive our Priority,” Washington Post, 27 There is absolutely nothing in justice and its exorbitant rates neighbors, especially those February 2012; articles.wash- this world that will provide more of incarceration are throwing who have criminally offended ingtonpost.com/2012-02-27/ comfort and happiness than a away too many of those lives us and our society, and that opinions/35444338_1_prison-pop- testimony of the truth. . . . precious in the sight of God. we can be a friend to them and ulation-prison-reform-private- My message tonight, breth- Many of those being damaged as a society replace our puni- prison-beds. ren, is that there are countless most are not the perpetrators tive and vengeful sentiments 7 Tyjen Tsai and Paola Scommegna, individuals who have little or no themselves whom our systems toward them with feelings that “u.s. Has World’s Highest Incarcera- testimony right now, those who seek to punish but the inno- heal and encourage and give tion Rate,” Population Reference could and would receive such a cents, such as the children and hope. May we see them not Bureau, August 2012; www.prb. testimony if we would be willing loved ones of the offenders. as they are now or have been org/Articles/2012/us-incarceration. to make the effort to share ours Our decision makers’ thirst for but as they can become when aspx. and to help them change. In some governmental vengeance is touched and influenced by the 8 See, e.g., The Sentencing Proj- instances we can provide the creating a new set of victims at true gospel of Jesus Christ. May ect, “Incarceration”; Tsai and incentive for change. . . . a high cost to our societies and we show Christlike compas- Scommegna, “u.s. Has World’s . . . We need to bear in mind communities. sion, tolerance, and love toward Highest”; and Liptak, “u.s. Prison that people can change. They God’s model of restorative, them and all God’s children, I Population.” can put behind them bad habits. healing, and merciful decision humbly pray, in the name of our 9 Nake M. Kamrany and Ryan J. They can repent from transgres- making provides “a more excel- beloved Savior and Redeemer, Boyd, “U.S. Incarceration Rate Is sions. They can bear the priest- lent way” (1 Corinthians 12:31) even Jesus the Christ, amen. a National Disgrace,” Huffington hood worthily. And they can to accomplish the demands Post blog, 13 April 2012; www.huff- serve the Lord diligently.17 of our criminal justice system. notes ingtonpost.com/nake-m-kamrany/ It reclaims lives and allows incarceration-rate_b_1423822.html. Like so many graduates of the offender to overcome his 1 Lynn S. Branham and Michael S. 10 Liptak, “u.s. Prison Population.” this great law school, I know weaknesses and shortcom- Hamden, Cases and Materials on 11 Wikipedia, “List of u.s. states by one particular graduate who ings and become productive the Law and Policy of Sentencing and incarceration rate”; en.wikipedia. fully embodies what President again. I have seen this occur in Corrections, 8th ed. (St. Paul, Min- org/wiki/List_of_U.S._states_by_ Monson taught at the priest- the lives of many throughout nesota: Thomson Reuters, 2009), incarceration_rate. hood session. Through this my years in criminal justice. I 7; see also pp. 5–7. 12 Wikipedia, “List of u.s. states.” graduate’s support of college have seen it happen in my own 2 Branham and Hamden, Cases and 13 See Tsai and Scommegna, “u.s. Has and professional athletic teams life. People can and do and Materials, 7. World’s Highest”; Wikipedia, “List in Utah, most people know him have changed. God has always 3 The Sentencing Project: Research of u.s. states”; and “Racial Dispar- as part of the law firm Siegfried known that truth. We, His chil- and Advocacy for Reform, “Incar- ity,” The Sentencing Project, sen- & Jensen. But I know Ned dren, need to learn and under- ceration”; sentencingproject.org/ tencingproject.org/template/page. Siegfried, ’83, as an institute stand that truth better. template/page.cfm?id=107; see cfm?id=122. teacher who takes two days In dealing with our sins and Marc Mauer, “Rising Prison Costs: 14 Tsai and Scommegna, “u.s. Has each week to teach the gospel transgressions, the Lord does Restricting Budgets and Crime World’s Highest.” to men and women at the not seek to punish us; He only Prevention Options,” testimony 15 The Sentencing Project, “Incar- Utah State Prison Draper facil- seeks that we “go, and sin no prepared for The Sentencing Proj- ceration”; Mauer, “Rising Prison ity. His efforts go beyond the more” (John 8:11). Repentance ect for Senate Judiciary Committee Costs,” 1. prison walls, and he has been and change are the endgame Hearing, 1 August 2012, 1; www. 16 See Tsai and Scommegna, “u.s. very instrumental in the lives with God. Making us pay is sentencingproject.org/doc/publi- Has World’s Highest”; u.s. Depart- of many toward their success- not part of His justice equa- cations/Mauer%20Testimony%20 ment of Justice, Bureau of Justice ful reentry into society. Ned tion. Sure, one must suffer the on%20Prison%20Costs.pdf. Statistics, “Prisoners in 2010,” is one who lives the Savior’s consequences of his or her 4 Adam Liptak, “u.s. Prison December 2011, 22, bjs.ojp.usdoj. doctrine “I was in prison, and actions, but there is a differ- Population Dwarfs That of gov/content/pub/pdf/p10.pdf; and ye came unto me. . . . Inasmuch ence between penitently sub- Other Nations,” New York Times, Wikipedia, “List of u.s. states.” as ye have done it unto one of mitting to a consequence and 23 April 2008; www.nytimes. 17 Thomas S. Monson, “See Others the least of these my brethren, being forced to pay a punitive com/2008/04/23/world/ as They May Become,” Ensign, ye have done it unto me” (Mat- price for an error or crime one americas/23iht-23prison.12253738. November 2012, 68; emphasis in thew 25:36, 40). has committed. One action is html?pagewanted=all. original.

clark memorandum 41 When It Is All Over

a f e w t h o u g h t s f o r t h e c h r i s t i a n l a w y e r

his is not a students, as lawyers, as hus- then moved for the adoption to coherent ser- bands and wives, and as chil- be granted. mon that I want dren—it would be that this The judge, in a room full of to preach this would be your prayer: that you lawyers on a law-in-motion day, morning—I am practice law and live your lives mercifully said, “Mr. Jensen, Tprobably not capable of a under the influence of the Spirit. will you approach the bench?” coherent sermon—but random He then whispered to me, thoughts on a theme, and if Know the Code “Where the heck are the chil- you have read the article in dren?” Marlin K. Jensen, a member of volume 1 of the book Life in I make another plea to you as And I said, “Well, I didn’t the Quorum of the Seventy of the Law, the talk I gave about you grow in your knowledge know that they were to come, The Church of Jesus Christ of God’s interrogatories as our of legal codes: know them. I Your Honor.” Latter-day Saints since 1989, son Matt graduated from here remember that the first time He said, “Don’t you read spoke to law students on October was probably my best thought I went to court as a young your code?” 30, 2012. Elder Jensen served as on what you are learning (see lawyer was to handle an adop- I said I always would in the the official Church Historian Marlin K. Jensen, “Answering tion. In this case the woman future. and Recorder from 2005 to God’s Interrogatories,” in Life was divorced and had met a Then he said, “Go get the 2012 and was made an emeritus in the Law: Answering God’s man and married him, and he children.” General Authority in October Interrogatories, vol. 1, ed. Galen L. now wanted to adopt her two To the court he said, “This 2012. Before his call to full-time Fletcher and Jane H. Wise children. So I did all the filings court will be in recess for 15 Church service, he was an attor- [Provo, Utah: Brigham Young and got the hearings set and minutes.” ney in private practice in Ogden, University Press, 2002], 1–7). took the woman and the man I walked back to the par- Utah, specializing in business A scripture I cherish is to court. I put her on, and she ents and, with a little half-truth and estate planning. He and his in 3 Nephi 19, when the apostles talked about how her new hus- that you will probably get good family have a ranching enterprise pray for that which they most band would make a very good at as a lawyer, said, “For some in Huntsville, Utah—the place desire: the Holy Ghost (see 3 adopted father to her children. reason the judge is requiring where he was born and raised Nephi 19:8–9). If I could have I put him on, and he said he the children to be here this and has always loved. one desire for you—as law was willing to support them. I morning. Let’s go get them.”

42 clark memorandum Luckily they were in a constituted or even talked but very firmly, “Okay, Gordon, Don’t go in thinking you are an school nearby, and when court about, but, in the course of have it your way.” It showed advocate or a lawyer; don’t be resumed, the judge said, “I see their associations, those who us that this was one wonderful a raging maniac for sure; just the children here, don’t I, Mr. are now the senior Brethren woman who had her own iden- get a grip on yourself and go Jensen?” all came under the influence tity, her own strengths, and her in there and be charitable and “Yes, Your Honor, you do.” of the older General Authori- own views and perspectives give your attention to your wife “And I find them proper ties. In almost every case one and who was giving her hus- and your children and put your subjects for adoption and of those senior Brethren over band tremendous input. own cares aside.” In those years hereby grant the adoption.” time became a mentor. Every week for a long time when I was first a bishop and Well, that was a lesson I President Thomas S. Mon- President Hinckley brought his eventually a stake president, I never forgot. Do you know what son often speaks of his relation- wife and his four adult children always had a rule: if the Spirit that episode made out of me? ship with J. Reuben Clark. A lot to lunch in the General Author- indicated that things at home It made me what I would call of their interaction came when ity cafeteria in the Administra- needed me more, I would miss a “code lawyer.” I never went J. Reuben Clark was writing his tion Building. They would go whatever was scheduled at anywhere—especially to court— books—Our Lord of the Gospels, to a corner table away from the that time. Sure there are some without checking the code, for instance—and President rest of the General Authorities, things that you can’t possibly making sure I was legally secure Monson was working for the but I used to catch glimpses of miss, but most things can go in what the written law said. Deseret Press as his publisher. what was going on over there. along fine without you. I would like to make that He would have long discus- This family was giving their dad Living the Lord’s program same plea for the scriptures. sions with J. Reuben Clark. good, honest feedback about has been such a security to me. If you practice for the next 50 President Monson has talked the way things really are, and We got behind once in paying years, then you’ll know code often about the effect of those I think that resulted in a presi- our tithing when I was in law sections backward and forward. conversations on his think- dent who was so connected, so school, and Kathy and I bor- But if you neglect the word of ing, his life, and his ideals as a contemporary, and so aware rowed to pay our tithing one the Lord, then, when you are person. I know a little bit about of how things really are that it year—which is a really poor age 70, which is what I am now, some of these men and women blessed the entire Church. That thing to do. The next year we you will have missed the bet- you associate with every day wouldn’t have been possible if had a loan to pay off plus that ter part. You have got to have at the Law School, and every he was not willing to seek that year’s tithing, and I have never equal doses as you go along. one of them that I know is com- kind of review and input that ever done that again. But even And I know that is challenging pletely worthy of emulation. honest and good people around in these recent years when the because you are all overex- In your efforts to figure him were willing to give. economy has pinched every- tended with your education life out, there is great value in body, I have always had in mind and your family and church and mentors and in being humble Live the Lord’s Program the assurance that as a tithe other responsibilities that you enough to take the correction payer, faithful and solid all have, but try to get in a daily and input that people around I remember as a young lawyer these years, I have a claim on dose of the scriptures every day. us can give. I remember an coming home very uptight. I God’s help and His blessings. Make learning the Doctrine encounter that my wife and I was called as a bishop just out I feel the same way about and Covenants, the Book of observed. We were with Presi- of law school when I was 28. My the Sabbath. I remember won- Mormon, the New and Old Tes- dent and Sister Hinckley on wife went into labor the day I dering in my first year of law taments, and the Pearl of Great the Huntsman jet, and we were was to be sustained and had to school if I would study on Sun- Price part of your daily regimen. trying to be inconspicuous and be taken to the hospital by my day, especially if I had a test on let them be, but they were just brother. Thankfully I arrived Monday. My wife and I made Find Value in Mentors across the aisle and there were in time for the baby’s birth, the decision that I would study only a few other people on the but it was right as sacrament half of Saturday but always I wanted to say something plane. They were involved in meeting began. We had a lot have the other half of Saturday about the value of mentors in a discussion we couldn’t help of things going on, and I was to spend time with her and my seeking to have the Spirit and overhearing. President Hinck- crazy enough to think I could little family, but I would never balance in your lives. As I have ley made an assertion about be a farmer and a lawyer at the study on Sunday. I remember been at Church headquarters something, and then Sister same time. When I would come being in exams, trying to see the last 25 years I have noticed Hinckley made a counter asser- home at night from my law the issues and bowing my that almost all of the senior tion. Then he reasserted and office, early on the Spirit said head in a quiet prayer, saying, General Authorities have had then she reasserted, and then to me, “Stop at the front door “Heavenly Father, I am doing mentors. Not that those rela- he came back the third time. and just ask the Lord to help the best I know how. I am try- tionships were ever formally We heard her say very sweetly you bless your family tonight. ing to honor the covenants I

clark memorandum 43 have made and keep Thy com- same sociality that exists here and so that we can be forgiven. your political views are a little mandments. Please help me will exist there—only it will be Learn the gospel and all its cov- different than the majority of the to remember what I know and coupled with glory—there is a enants and commandments. It members of the Church. Espe- record it in these blue books in real need to work on sociality. is designed to liberate us and to cially at this time with politics some kind of understandable That is what is going to give us make us happy and productive being big, how do you state your way.” I always felt such a secu- lasting happiness. and useful in this life. political views without going rity knowing that I would be To be a Christian and a against Church doctrines? able to do the best I could do in lawyer is to be conscious each Reading Mormon history has That’s an excellent question. that kind of situation. day of our Savior and His role in been a jarring experience for me. I’ll give you a brief answer. I’ve I commend to you the pro- our life, of our commitment to Is there a way to make it so that is actually had fun being one of gram of the Church. If you are Him through covenants, and of not a trying experience? the few Democrats among the centered in it and find time to the tremendous joy and fulfill- Thank you for your hon- Brethren, and I probably should read the scriptures and have ment that can come when we esty. That is a great question. I have been a lot quieter about good prayers and go to the tem- live our lives as He wants us to. work with Rick Turley, who is a it. In 1998 I was asked to make ple when you can and observe We should try to emulate His graduate of this law school. He a statement in favor of political the Sabbath and pay your tith- perspective, being as obedient practiced law for a few months diversity. There is a concern ing, you are going to have a to His Father as He is. Don’t and then was called to work on the part of the Brethren that spirit that will envelop you and let law school do anything but in the Church History Depart- we have become a one-party produce happiness in your life. reinforce your desire to do that. ment as managing director. He Church. There’s concern that Don’t let law school do any- has a very profound saying: in the public conception of us Of Time, Relationships, thing but show you that every- “Don’t study Church history too you have to be a conservative and Happiness thing you are learning here fits little.” There is much wisdom Republican to become a Latter- the eternal plan beautifully. in that. There is great danger, I day Saint, and that can be a Lastly, what do you have With your training you will think, in picking out just one very detrimental thought to the when it is all over—or nearly have a heightened sense of all piece of that puzzle and look- Church’s growth. So there is a over—as in my case at age 70? of this. I think the greatest thing ing at it in isolation. When we desire to have a more balanced Well, the dearest things to me to me about law school was enjoy a perfect knowledge of approach to politics. In part, at are the relationships I have and that I read the scriptures more Church history, many of the least in recent years, the Demo- the relationships I am finding critically, being able to under- things that are jarring won’t cratic Party platform has had again. So, take time. I’ve sort of stand them more and to see the be jarring at all. The new cur- planks in it that did run counter been an absentee grandpa for 25 relationship, the consistency, of riculum for the Young Men and to the Church’s view—on gay years, and now I have 25 grand- the Lord’s word. That was well the Young Women includes marriage, for instance, and on children who know me sort of worth the three years of torture. a more complete view of the abortion. When that has hap- as a figure, and yet I want them Church’s history. In this infor- pened, I’ve been able to say I’m to know me as a grandpa. We Questions and Answers mation age there is nothing a Utah Democrat. I believe in have an interesting phrase that is hidden. It would be the a lot of the ideas of the Demo- called “quality time” that I Looking back at your experiences most counterproductive thing cratic Party, but I don’t believe think is a scab for those of us in your life and as a General the Church could do to try to its ideas if they run counter to who don’t have time at all or not Authority, what advice would keep something hidden. There the Church’s moral issues. All much time, and I guess the big- you give? What would you do dif- will always be a need to believe. this is really about being able gest lesson I have learned is that ferently knowing what you now There will always be reasons to pick and choose. I think we good relationships take time. know? to doubt, and there will always can all be very thoughtful about They really do take time, and I would be completely obe- be reasons to believe. All I can how we exercise our franchise if we really love people—our dient. Someone asked me my say is that I stake my life in and work out our own private wife, our husband, our children, biggest regret, and I said that the truthfulness of the gospel. political philosophies. I have to our parents, our grandchildren, I haven’t always been exactly This Church is historically and say that overall—and I’m from and our neighbors—we will obedient. I see now just how doctrinally true, so I urge you a rural Utah farm town and I’ve give them time. It is the great- important it is to obey all of to keep putting your puzzle stayed there all my life, so I’m est gift we can give. And we are God’s commandments all the together. I promise you that out not a flaming eastern liberal all selfish in that way. We want time and to not fudge or neglect of that will emerge greater faith by any sense—I’ve resonated to exercise, we want to read, them or outright break them. I in the Church and in its history. more with the principles of the we want to do the things that feel grateful for the Atonement Democratic Party. So there I we enjoy, but if we are going so that we don’t have to be I was reading information about have stayed, and I think it is a to have relationships, if that defined by our mistakes forever you yesterday, and it sounds like healthy thing.

44 clark memorandum D. Gordon Smith, associate dean of byu Law School and Glen L. Farr Professor of Law, gave this byu devotional address on June 26, 2012, about the importance of names and what they represent. Following are excerpts from his talk. bradley slade What’s in a Name? d . g o r d o n s m i t h

oday is my father’s birth- Why I Took My Father’s Name California, where he taught day. He is 87 years old. Teletype repair for five years. He and my mother are in To understand why I took my Following his retirement our Wisconsin watching this father’s name as my own, you family returned to his child- devotional, and if the vol- need to know a bit about my hood home of Wisconsin, and Tume on the television is turned relationship with my father. My that’s where I grew up. Many of all the way up, they are listen- father and several generations my earliest memories involve ing to it too. before him had been dairy feeding and caring for cows, My father’s name is Gor- farmers in Wisconsin, but in pigs, and chickens on our don Smith. My mother told me the wake of the Japanese attack small farm, though I was tem- recently—and she reminds me on Pearl Harbor, my father, peramentally not well suited to often—that my father never only seventeen years old at the farming. wanted a son named Gordon, time, joined the navy and was Despite our humble and but he agreed to give me his assigned to serve in the South remote circumstances, I man- first name as my middle name. Pacific. He eventually made aged to cultivate big dreams This is the story about why I a career of the military, and I on that farm, in no small part took that name upon myself was born in a naval hospital because of my dad. During and why I have come to believe in Bremerton, Washington. his last year of service in the that the names we call each Shortly after my birth he navy he traveled the world and other are important. was transferred to San Diego, sent us souvenirs from Europe,

clark memorandum 45 Asia, and Africa. He was gone could change the world. As stuck, but “Gordon Smith” did That guy is cool!” Everybody for a year, and I remember far as I know, my dad never not seem like a good fit for me laughed, and I completely that when he returned, I didn’t changed the course of the war at that time. missed the joke. Then another know what he looked like through his naval service, but I was still Doug Smith person said something, and because I was only four years his stories showed me why the when I arrived at byu in by this point in the class I was old when he left and five when navy always valued one more August 1980. I was not a mem- starting to panic. he returned. But I treasured good man. During the war he ber of The Church of Jesus I wasn’t in the habit of those souvenirs that he sent was only an enlisted radioman, Christ of Latter-day Saints, but praying at the time—I didn’t me, and I spent many hours in but I was convinced as a young my first class in college was really pray much at all—but I my room in Wisconsin looking boy that, aside from Admiral Religion 121: The Book of Mor- just decided that since I was at at photos of Rome or pounding Nimitz, my father was the most mon. My best friend in high byu, I would bow my head and on a drum from Africa or play- important person in the Pacific school, who had convinced me say a little prayer: “Please, God, ing with toys from the Philip- Fleet. To me he was—and he to attend byu with him, told make them stop.” pines, imagining what it would remains—a great man. me I shouldn’t worry about Well, it did eventually be like to visit those faraway As President Joseph F. this class. He said the Book of stop, and at the end of class I lands. Smith wrote over 100 years Mormon was just a history of approached the teacher and Some of my most treasured ago: South America, and that was asked, “Did you post an assign- memories from childhood all I knew about the course. ment for the first class?” involve sitting in the living Those things which we call So I showed up on the first “No, why do you ask?” room or in the backyard listen- extraordinary, remarkable, or day, and the professor intro- “Well, it just seems like ing to stories about my father’s unusual may make history, but duced the course by saying we everybody’s read ahead.” childhood or about his adven- they do not make real life. would be covering the first half He looked me up and down tures in the navy. Like Aesop’s and said, “You aren’t a mem- fables, these stories almost ber, are you?” always came with some moral I thought about that for a that we were supposed to take I was clothing myself second, and I responded, “A from them. My son Drew and member of what?” I were recently in Wisconsin in his name, and I felt obliged So we had a nice long talk for a family reunion, and we about the class, and I read the again heard stories about the to wear it honorably. Book of Mormon in my first importance of hard work, com- year at byu. petence, and integrity. The transition from that My father also taught me— first day of college to my bap- more through his reaction to After all, to do well those of the Book of Mormon. He tism in the fall semester of my war than through his words—to things which God ordained to be started to talk about the events sophomore year did not require despise war. Although he could the common lot of all mankind, that we would encounter. I a dramatic change in my life- never speak of combat—and he is the truest greatness. To be a wasn’t worried until the guy style, but my worldview was still can’t to this day—one navy successful father or a successful next to me raised his hand completely upended. Embrac- story inevitably connected to mother is greater than to be a and said, “Will we be discuss- ing the gospel impelled me to another, and he often found successful general or a successful ing the sons of Mosiah in this look outward in a way that I himself led to memories that statesman. [“Common-Place course?” never had before, to place oth- he would rather suppress. We Things,” Juvenile Instructor, 15 I did a double take. I ers before myself: “Whosoever could discern when he had December 1905, 752] thought, “How does he know will save his life shall lose it: reached this point because anything about what’s in this and whosoever will lose his life he swallowed hard, his eyes Changing My Name book?” And I thought, “Well, for my sake shall find it” (Mat- welled with tears, and he the professor will provide us thew 16:25). looked off into the distance. During those growing-up years some context for the people I decided to serve a mission, My mother recently observed, in Osseo, Wisconsin, everyone who didn’t read ahead.” But he and one year after my baptism “They don’t give Purple Hearts called me by my first name, just answered the student as I was called to serve in Vienna, for those wounds.” Doug. Strangely, my group if it was a completely natural Austria. I became Elder Smith. Another significant of friends went through a question. Over the past few weeks I have lesson—never stated explicitly phase in which we decided to And then another student read my missionary journals. I but reinforced repeatedly in his call each other by our fathers’ raised his hand and said, “How don’t know if any of you have stories—was that one person names. Some of those names about Samuel the Lamanite? done that, but it is a horrifying

46 clark memorandum experience. I’m not a great jour- When I returned to Osseo, In another class so many father.” Rather, I was using nal writer, but I was impressed I shed the title of Elder Smith, people knew me by the name the name to honor him and to by the effort I expended in and, like many returned mis- Doug that they simply wouldn’t inspire myself to develop attri- trying to create a new identity sionaries, including my son allow me to change my name to butes like him. Similarly, tak- for myself as Elder Smith. I Drew, who just came home Gordon. They insisted, over my ing upon ourselves the name wanted to become a powerful from Ukraine, I went through protests, that I was joking. My of Christ is not a recognition missionary. I knew that Austria that awkward phase of adjusting coworkers and supervisors in of an achievement but rather was not a high-baptizing mis- to being called by my first name. the Reading and Writing Cen- a nudge toward improved sion, but, I thought, England In my case, however, my pre- ter split about evenly between behavior. wasn’t a high-baptizing mission mission name evoked thoughts those who made the adjust- King Benjamin gave his before Wilford Woodruff got about a confused young boy ment and those who couldn’t, people the name of Christ only there either. Unfortunately who had arrived at byu three and that just caused confusion. after the Spirit had changed my motives were entirely self- years before. “Doug” just didn’t It was hard on people. their hearts, but he gave them interested: I felt like I had a seem to fit anymore, but I didn’t At the same time I was sur- the name not because they debt to pay, and I wanted to do anything about it until I met a prised to discover that when had reached some threshold pay it. I hadn’t internalized the young woman at byu the follow- people called me Gordon, it and not because they had “no lesson taught by King Benja- ing year who was changing her felt different than being called more disposition to do evil, min that even if we serve God name. She just decided one day Doug. In the beginning, each but to do good continually” with our “whole souls,” we to ask people to call her by her reference to Gordon caused (Mosiah 5:2). Rather, he gave remain “unprofitable servants” middle name. And they did! me to think about my father. them the name so that they (Mosiah 2:21). This was a revelation to me. I was clothing myself in his could remember that moment I worked hard in Austria, I didn’t have to be Doug Smith name, and I felt obliged to and remain “steadfast and and I was frustrated at my anymore. I could be anything wear it honorably. I didn’t immovable, always abounding inability to reduce my debt. I wanted! After much contem- want to become my father, in good works” (Mosiah 5:15). Every sacrifice that I made, plation I decided that using my but I wanted to become a When faithful people take every extra effort that I made, middle name would not only person who would make him upon themselves the name was repaid many times over, be the simplest change—after proud. Over time I came to of Jesus Christ, they assume and early in my mission I wrote all, I wouldn’t have to make a associate the name Gordon a name that is imbued with about my frustration in my legal change to my name—but with my Mormon identity and meaning. President Spencer W. journal: it would also honor my father. the name Doug with my pre- Kimball once said, “The name What I did not fully compre- Mormon life. Jesus Christ and what it rep- I have been so blessed by the hend was how that change resents has been plowed deep Lord . . . , and I wanted to go on a would affect me. Taking Christ’s Name Upon Us into the history of the world, mission, in part, to show the Lord Changing my name was a never to be uprooted” (“Why how much I love Him. To think tremendous hassle. My wife, I have sometimes thought of Call Me Lord, Lord, and Do of my mission as just something Sue, was supportive, and I the experience of changing my Not the Things Which I Say?” else by which I can make myself didn’t ask our families to call name in relation to my Ensign, May 1975, 4). This fea- better is offensive to me. That me Gordon, so when we visit baptism—an ordinance in ture of the name is useful in implies that the biggest attempt relatives I’m still Doug. But the which I took upon myself the transmitting large quantities I’ve made in my life to be selfless real challenge was among my name of Jesus Christ. In both of information. Rather than has turned into the most selfish friends. In my first accounting instances the name was given saying that we should have endeavor that I have ever under- class of the fall semester, leg- to me by another but I was “faith, virtue, knowledge, tem- taken. endary accounting professor asked to embrace the name as perance, patience, brotherly Jay Smith called on me by my my own. Now each week in tak- kindness, godliness, charity, By the end of my mission first name, and I asked, “Would ing the sacrament I reaffirm my humility, diligence” (d&c I had come to terms with God you mind calling me Gordon?” willingness to take upon myself 4:6)—or any of the other myr- over my indebtedness, and By that time I was well into the name of Jesus Christ (see iad of attributes that we associ- I had learned that the most my major, and both he and my d&c 20:77). What is the signifi- ate with Jesus Christ—we can valuable lesson of my mission classmates looked at me quiz- cance of this representation? say more simply that we take was to love the people. As King zically, wondering, “What’s the When I took upon myself upon ourselves the name of Benjamin said, “When ye are punch line?” the name of my father, I Christ. in the service of your fellow But I didn’t have a punch was not using his name as a I pray that we may all come beings ye are only in the ser- line. “Um . . . I changed my description of my character. closer to that ideal, in the name vice of your God” (Mosiah 2:17). name to Gordon.” I was not saying, “I am my of Jesus Christ, amen.

clark memorandum 47 life in the law

Jerry’s Boys: Leaving a Christlike Legacy by David W. Magnusson, ’79

    

had been called back for a second interview by two of the Brethren who came to reorganize the Santa Barbara California Stake presidency in 2000. After a few assessing questions, I was asked, “How do you manage bal- I ancing the demands of zealously representing clients with being a Christian and a member of the Church?” The same question had been posed by President Marion G. Romney at the 1981 byu Law School convocation: “But how, you may ask, can concern, respect, and even love for other people be reconciled with a lawyer’s duty to vigorously represent his client?”1 I thought for a second and then recounted my first solo court appearance after passing the bar. It was a routine law and motion matter in the local state trial court across the street from the office. When the case was called, I arose, approached the counsel table, and announced my name, firm, and representation. The seemingly aged judge paused, peered at me over his half-frame reading glasses, and asked, “You one of Jerry’s boys?” Surprised at the familiarity, I realized he was referring to E. Jerald Haws, my firm’s founder and senior partner. I replied that I was. To me it seemed he snorted, and then he returned to the papers before him and ruled on my matter. I returned to the office, looked in on Jerry, and recounted the event. “What was that all about?” I asked. He leaned back in his chair and laughed out loud. “Don’t you know? It was because you are now one of the Mormons. You can’t ever lie, cheat, or steal. Better remember that,” he added as he dismissed me. There were other lds attorneys in town, but Jerry Haws had assembled the only all-lds firm. From that day forward, I explained to the visiting authorities, being one of “Jerry’s boys” was a badge I knew I wore each day. Jerry had assembled as nice a crew as I could have known—and I was now of them. They had set a standard of honesty, integrity, ethics, and competency for a fair price. That was the last question the Brethren asked before I was called to serve as stake president. President Romney’s answer to his own question mirrored the standards my partners portrayed:

First, neither your obligation to your client nor any other professional obligation should ever require you to be dishonest or in any other respect to compromise your integrity. . . . Second, even beyond the requirements of truth-telling, service to the client and his interests seldom requires the lawyer to sacrifice the kind of civility that is consistent with the Savior’s instruction that we should love all people. . . . Third, integrity means being prepared to say or do what must be said or done, regardless of the consequences.2

Three of the seven permanent attorneys of that firm were byu Law School graduates. The good of this school will continue to be felt through its graduates’ contributions. They build upon a foundation of equally honest, compe- tent, and exemplary graduates of other schools who, in the words of Elder Neal A. Maxwell, have their “citizenship in the kingdom, but [carry their] passport into the professional world—not the other way around.”3 While each of us benefits from legacies of example and goodwill left to us, we must leave a similar legacy of a Christlike person, as President Romney challenged us to be.

notes 1. Marion G. Romney, “A Christlike Attitude,” in Life in the Law: 2. Id. 246–47. Answering God’s Interrogatories, ed. Galen L. Fletcher and Jane H. 3. Neal A. Maxwell, “Speaking Today: Some Thoughts on the Gospel Wise (Provo: byu Press, 2002), 246. and the Behavioral Sciences,” Ensign, July 1976, 70.

The Clark Memorandum welcomes the submission of short essays and anecdotes from its readers. Send your short article (650 words or fewer) for “Life in the Law” to [email protected]. P004357 9.5M | 9.5M 3/13 | 3/13 13-033 | 13-033