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Fall 1993 Clark Memorandum: Fall 1993 J. Reuben Clark Law Society
J. Reuben Clark Law School
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CONTENTS FALL 1993 LETTER FROM THE DEAN
DEAR AIUMNI, CLARK SOCIETY MEMBERS, AND FRIENDS: E7enty years ago, on August 27, theJ Reuben Clark Law Schoo! opened its doors Twenty years is a long time, but to many of us it seem like yesterday Some of you may recall our early days at St Francis School, the first two years, in fact, until we built the beaut@ building we have now Soine ofyou enjoyed sitting in the “Great Hall,” literal Powell, ]K % Oztr tradition of excellence continued through our second decade, with students doirzg extremely ivd in izatioiznl moot court and trial advocaq covapetitions, editing three excellent scholarly journals, teaching in local high schools, and prod ieg pro bono legal service through LniuHelp In oui twentieth year, another graduate, Stephen M Sargent, was selected to clerk for ChiefJustice lVilliam Rehnquist, bringing our total of Supreme Court clerks to eight The success of ozii students has been matched by the quality of our faculty, who have distinguished themselves with thorough and highly signijicant scholarship Out graduates have demonstrated their strong training through consistently passing bar examinations, by succeeding in private and coiporate practice and in government service, and by faithfully serving their communities 3 The Lazv School has matured, our jrst dean now president of Brigham Iioung University and our third deun izoz~7prmost Several faculty have retired, mzd two of our much-loved meinbeis, Woody Deem and Zrq1 Crapo, have passed away Three former students have joined the faculty, and a sense of continuity and yiogiess is evident % The Last twenty years have, no doubt, also beeiz signzfieant in your own lives as yxt have built both your families and your careers Most of you have established youiselves in successful ICIW practices in large and smallfirms, in cities and in rural areas Some of yozc have gone on to serve as mayors, state legislators, county attorneys, judges, and law professors One vf your mmher, Bill Orton, is serving in the II S House of Representatives Perhaps most important is the happiness you have found in semice to your families, to your conzmunities, and to your Church. It is in the individual lives of our graduates thut the strength of the Law School is most evident r, This year promises to be exciting. Besides our annual nctiv- ities and symposia, we have planned various events to commemorate the Law School’s 20th anniversav, including a Founders flay Convocation, a visitjom United States Supreme Court Justice Anthony il/I Kennedy, and a series of classes and lectures on constitutional reform by professor-in-residence Judge Alalcolm Willzey The Law School has also been selected to host this year ’s Western Regional Trial Advocacy Competition a We have planned our activities this year in a format that we hope will provide YOU with as many opportunities as possible to come back and visit Take a close look at the calendar on the page opposite 1 think you will find the activities worth fitting in your schedule. From the excitement of the national moot court competition to the ease of the Annual Alunzni/Law Society Dinner, zve invite you to once again enjoy your association with one anothel: 1 A closing note This is a year of remembering, a chance to look back with fondness on the joys, hopes, and experiences we’ve all shared It is also a year of renewals, an occasion to reestablish old ties and to build new ones. w We want you to know that we consider each of you-students, graduates, nongraduate meinbers of the Law Society, and benefactors-equal shareholders in the Law School’s success. In the words of our founding dean, Rex E Lee: “lnour hands we hold the responsibility of seeing to it that the next [20] years-and the next and the next in perpetuity-will be just us good as the first 1201 ” -DEAN 1-1 REESE HANSEN CALENDAR 13 27 a Justice Anthony M Kennedy Spring Fireside Founders Day ltah Supreme Court Session Lecture Stadium Avenue Chapel West lawn of Law School, iloot Court Room, Early I994 For details, call (650 Stadium Avenue, 2Pm 03 JRCB, 10 a m -Noon (801) 378-6384 Provo), 7 p.m. r2 25 .a147 SocietylAlurnni Annual 1 7iveljih Annual State and >innerand Class Reunions Third Annual Public Interest Local Government 11 lalt Lake City Marriott Law Auction Conference SBA 6 Alumni Association lotel Grand Ballroom. Moot Court Room, 303 Excelsior Hotel, Provo Goy Tournament 1 p m. Mix and Mingle JRCB, 7 p rn For details, 9 a,m -5 p m. $40 materi- 9-Hole Goljing ieception, 7 p m Dinner. call Lisa Stamps Jones, als, $12 luncheon CLE Cascade Fairways Golf ;27 50 per person. (801) 378-3685, credit available Course (13 13 E, 800 N , Orcm), 4:30 p m. 26 jill of Rights Symposiunz 4-5 $6.50 green fees include free Rex E Lee IOK Run for Right of Privacy v. The ?awiily Law Symposium bucket of golf balls. Cancer Research kblic’s Right to I(now] RCB,Yam-5pm, Race begins in Law School’s Jarsity Theatre and JRCB 3 a.m.-Noon. CLE credit east parking lot, 9 a m $6 Night Light “Scramble Golf 1:30 a.m -4 p m ivailable preregistration $13 includes Tournament “ ;50 (includes CLE credit), I1 ‘T-shirt or cap. $10 race-day Dusk (9p.m,), $5,50 green i8 luncheon UQQ~Court Finals registration $10 T-shirt, $8 fees RSVP or leave message Moot Court Room, 303 with SBA office by 4 p m,, gomecoming, BYZJ 11. Fresno cap For additional informa- JRCB, 2 p rn Friday, September 3, (801) State tion, contact the Student 3 78-2 349 Bar Association, (801) 378- 17-tS 2439 Western. Regional Trial 3-6 Home Football Game, Advocacy Competition Woody Deem Tdal BYU v. Hawaii JRCB. For details, contact Cornpetitiol.2,JRCB, 6-9 p m. 22 Brian Miller or Constance Law School Convocation Lundberg, (801) 378-6385. 12 11 Provo Tabernacle, 1 p rn Malcolm R Wilkey Professor Law School Fireside, Details to be announced Elder Dallin IL Oaks in Residence Lecture Stadium Avenue Chapel, 205 JRCB, I1 a m 11-te Wornen in the Law 7Pm 1 20 Syrnposiunz Ruce Judicata “Law School for a Day” JRCB, 9 a.m -5 p.m. $50 Moot Court Room, 303 29 Begins in Law School’s east ($25 students) includes Benefit for the Women and parking lot, 8 a m $6 pre- JRCB. Friday’s buffet dinner (after Children in Crisis Center registration. $1 3 includes January 1, 1994, add a $20 23 Wilkinson Center Main T-shirt. $10 race-day regis- late fee), For details, caI1 Swearingin Ceremony, U. S Ballroom, 7 p m, tration $10 T-shirt Lisa Stamps Jones, (801) $5 individual, $9 family Supreme Court/Dinner 378-3685 CLE credit avail- For details, call Lisa Stamps Home Football Game, BYU x Washington, D C Details to able. Jones, (801) 378-3685. University of Utah be announced President Marion G. Romney I R EUBEN CLARK'S SCHOOL THIS ADDRESS WAS GIVEN AUGUST 27, 1973, TO THE LAW SCHOOL'S FIRST CLASS ~~~ ~ .~ - _____~~ .- '1'IIANK YOU VERY RIUCH, PRESIDEN'I' OAKS, FOR THAT TO AYPKECIATE 'rm REASON THE CHURCH IS SCI-IOT,ARIY' ADDRESS I THINK THESE STUI)ENI'S WLI, ESTABLISHING A SCHOOT, OF LAW HERE AT BR1GHAR.i APPRECIATE IT R1OHE AS THEY PURSUE '1'lIElR I,A\Y YOUNG UNIVERSITY, ONE ICIUS'I' IIAVE SOME UNDER- TKAINING $ ELDER RENSON OF THE BOARD 01; STANDING OF THE CHUKCIl 01: JESUS CHRIST OF TKLIS'I'EES, COI\/IRIlSSIONEK RIMVELL, PRESIDENT 01\1<5, LATTER-DAY SillNTS AND KNOW AND REALIZE DEAN LEE, MEMBERS OF '1'IIE 1,AW FACULTY, FRIENDS, SOMETHING ABOUT ITS NATURE AND ITS PURPOSE AND PARTICULARLY YOU STUDENTS OF THIS FIRSI' BASIC 1'0 SUCH AN UNDERSTANDING IS i\ KNOWLEDGE CTASS AT THE J REUBEN CLARK 1,AW SCHOOL: 5 I\ND ACCEPTANCE OF A FEW FUNDt1kIENTAL VEKI'I'IES: ~ -~__ .~ PHOTOGRAPH BY JOHN SNYDER < I \ I< h \I I \I 0 I< \ \ I) 11 \I First-That wc humans “arc iiz the reszirrectiorz begotten sons ancl claughtcra unto .4nd if u yersoti gains wore knoiidedgc. C;od” (D8tC: 7h:24) mzd irztelligeiice iii this life through his Ceconci-That mortality is but one diligence NHL~obedience thm mother, he phase, alhcit an inc1ispensal)le phase, iidl heso wmch the ahantuge iiz the ot our total existence I’hird-That Chd crcatccl us that nc ”might hriw joy“ (2Nc 2:25)and that it is his purpose and his itwk and his glory “to bring to pass the immortality and etcrnal life of man” I iir t h e r h e said, (hloses 1:39), which is the highest form and type of joy and happiness hcxt--‘I hat Gocl has provided in the gospel of Jesus Christ thc true and onl? {i;i! 1,) nhich men can actiic.\rc that otijcctivc I iltti- 1 tint I’he Church of Jesus hrist of I :itter-da! \airits is (d’s d i\ i nc.1) cstalll islied progra in t hroirgh \\ liic h he teaches and ;idministers thc. gospt4 I he I ord rctcrrcd directly to thc 5ixth- I’hat the manner in uhich la\\ of the Llnitd States: \~erespond to C;od’s direction as he gi\es it in the gospel \till clcterrninc our rlestin~ I tic. I orci reiealecl the gospel to .Idam in the vcr! heginning ,\I] the prophets from .Idam to our present prophet, I’rcsiclcnt f Iiiroltl I3 I rc, ha\c taught it I inic and time again \I hvri it has lieen lost through apo’;tas\, thc I oril has restorccl it 1 he 3 I odern sc rip t u re it1 e n t i fics last restoration 01 both the gospel ancl .\incrica as the land of Zion I’hc Lord the C’hu rch \\‘as through the Prophet ad\~iscdJoseph Smith that he, hiniselt, Joseph Smith during the first part of had taken a hand in establishing the the 19th century supreme Ian of this land, speaking Upon the C’hurch the lard has, in directl\r of the Constitution of the thcsc last dws, put the rcsponsibilit!. United States to teach the gospel just as hc. put the In 1833 he instructed the Saints rc.sponsil)ilit!r upon thc pri mitive “to importunc for [a] redress” (D&IIC’, church \\hen he said to his apostles, 101:81-101) tor iirongs suftc‘rcd I), “C1o vc. into all the iwrlct, and preach thcm in Afissouri “xcording to the the gospel to ever; creature IIc that h\\s and constitution of the people, t)clic\ cth and is liapti/cd shall be I’ursuunt to thcsc instructions, con- \\rhich I have suf‘lc.red to IIC cstkib- sa\ccl” (Rlark 16:15-lh) cerning general education, the Church lishecl, and should he maintained for Rluch of lvhat the Lord revcaled to has set up its educational system, the rights and protection 01 all flesh, the Prophet Joseph Smith concerned including Rrigham hung University according to just and holy principles” theoloh7; some of it, however, dealt But, in addition to what the Lord said (D&C 101:77) It’s perfectly plain nit11 general education For example: to the Prophet Joseph Smith about here, as l’rcsiclcnt Oaks has alreacl) general education, he spoke specifically indicated, that this la\-\-thc “general ahout lait’ Concerning the rule of law; principles”-is tor the protection of’ all hc clcclarcd that flesh and \\ill be in force nhen he whose right it is to reign, reigns and controls ‘;And tor this purpose ha\$e I established the Constitution of this land, tly the hands of mise men {{horn h CLARK MEMORANDUhI I raised up unto this very purpose” And then on another occasion, he for every student and faculty member (D&C 101:80) said, “Get up classes for the study of of the J Reuben Clark Law School law” (Journal of Discourses 12:32) The trustees would like this school And now, verily 1 say unto yuu con- Now another question to which I to reflect the aura of President J cerning the laws of the land . wish to respond is: Why name this Reuben Clark, Jr -an aura generated that law of the land which is con- school the J Reuben Clark Law by faith, virtue, integrity, industry, stitutional, supporting that principle of School? To all of you who knew scholarship, and patriotism Now, with freedom in maintaining rights and privi- President J. Reuben Clark or who have respect to these virtues as they were leges, belongs to all mankind, and is jus- learned about him and learned of the possessed by President Clark: tijable befOre me. preeminence he attained in the field of Therefore, I, the Lord, justth you, government and law-particularly in faith and your brethren of my church, in the fields of international and United Although President Clark was separat- behending that law which is the consti- States constitutional law-the answer ed from the body of “the Church” tutional law of the land [D&C 98:4-61 is obvious In announcing the decision most of his adult life, his faith never to establish this law school, President wavered An eminent nonmember The board of trustees, in establish- Harold B Lee said: judge, with whom he was long and ing this school of law, did so that there intimately associated, said that he may be an institution in which you, the We ivould hope that this institution ncvcr hcard l’residen t Clark speak members of this cIass, and all those might be instrumental in developing states- puldicly without declaring his faith who shall follow you, may “obtain a men, as exemplijed by the life of] Reuben At his farewe11 dinner, before a non- knowledge of [the] Iaws of, . . man” in Clark, JK-men not only with unsurpassed member audience, speaking of Jesus, the light of the “laws of God ” excellence of training in the law, but also President Clark said: Prcsidcnt Brigham Young, after with unwavering- faith that the criticizing the conduct of certain Constitution of the United States was For us Christians he is the Christ, the lawyers, said: divinely inspired and written b./ men Only Begotten Son of the living God, the whom Cod raised upfor that very yztrpvse Creator under God, of the earth, the Noiq I request our brethren to go and Redeemer of the world, our Savior, the study law, so that when they meet any of I recommend that you law students First Fruits of the resurrection, ialhich be trustees would like this srhool to rgert the aura czf President J Rezlbeiz Clad,J.-- T mi aum generated by faith, virtue, integrity, industry, schola.YShip, mid patriotism. this kind of lazvyers they will be able to and you faculty members familiarize comes to all born tu this earth, believer thwart their vile plans I do not by any yourselves with President Clark’s and unbeliever dike, the only name means say these things of all layyers, for accomplishments and with his writ- under heaven given among men, whereby we have good and just men who are ings Dr David H Yarn, Jr, as we must be saved [Harold B Lce, lawyers, and we would like to h.ave a President Oaks has already said, has Behold the Lamb of God, hewordl great many more Uournal of Discourses, been commissioned to write his biog- vol 16 (London: Latter-day Saints’ raphy The first part of the biography, President Clark kept the Sabbath Book Depot, 1854-86), 91 as explained by President Oaks, has day holy, wherever he was While he already been published, I recommend was serving as United States ambas- On another occasion, he said: to you, Dean Lee, that the complete sador to Mexico, he regularly went on biography, when it is finished, together Sundays to sacrament meetings and lf I could get my own feelings with Stand Fast by Our Constitution, worshipped with the humble Mexican answered, 1 would have law in our school a compilation of President Clark’s Saints who, barefoot and meagerly book, and have our youth study law at addresses, and the 1973 spring edition clothed, met in a small, dirt-floor school Then lead their minds to study the of BYU Studies, containing outstand- adobe house furnished only with decisions and counsels of the just and the ing articles under the caption, “J. rough-hewn logs for benches. wise, and not forever be studying how to Reuben Clark, Jr, Diplomat and get the advantage of their neighbor. This Statesman”--I recommend that these Virtue is wisdom pournal of Discourses 16:9] four publications be required reading He thus voiced his standard of virtue 7 C L A K K M E M 0 R A N D I1 M in a conference sermon, October 9, at that time, he said, “The statement he really thought [Young Reuben, 1 141 1938: is true I would prefer to lose with it in the speech than to win with it omit- Industry And now you young people-May I ted” (see Herndon’s Lqe of Lincoln, President Clark’s zeal for industry as directly entreat you to be chaste Please 324-5). That’s the kind of integrity expressed in precept and example is believe me when 1 say that chastity is President Clark had proverbial As his biographer has said, worth more than lif. itself This is the Dr Yam, in the monograph referred doctrine my parents taught me; it is to by President Oaks, tells of President [Clark] was endowed with a tremendous truth Better die chaste than live Clark receiving a request, on one capacity for work, with a comparable unchaste The salvation of your very occasion, to help persuade the Utah degree of initiative and perseverance, souls is concerned in this. legislature to make a $100,000 appro- with a deep thirst for learning, and with 1 ask you young women to believe me priation for a cause which President an intellect and will to equal them . when 1 say that any young mun who Clark promoted, but the sum asked for In his professional lqe there were demands your chastity as the price of his he thought was excessive In his times he worked continuously for thirty- love, is spiritually unclean, and is offer- response, after expressing his interest six hours or more to finish a job For ing something that is not worth the pur- in the project, he said: many people who worked with him or chase price; his love will turn to ashes came to know him, he zvas a symbol of under your touch; it will lead you to mis- Frankly and freely, 1 believe you are work At least once i~ihis career he said ery and shame; and too ofteiz it will curse asking too much his first, middle, and last nanzes were you with dread disease . . . this is not a hasty conclusion 1 work [Young Reuben, 3, 151 To you young men 1 say that any have thought the matter over veyy care- Scholarship woman who comes to you offering her filly, and have not been able to see my Dr James E ’Talmage, under whose person outside of legal wedlock, is playing ziwy clear to honestly recommend to your direction President CIark did his first the harlot [Conference Report, representatives the appropriation of the post-elementary studying, is quoted as October 1938, I381 amount you ask fo. saying, “He possessed the brightest rf you would say that you will mind ever to leave Utah” (Young Integrity drop the $100,000 and work for the Reuben, 7 1). President Clark was the epitome of $54,000 you may count on my active co- He was not only blessed with a integrity. He measured to Lincoln’s operation to the very limit of my poor superior mind, but “His religious faith standard You will recall that one time ability; but if you still reach after the provided him with a set of values and a when Lincoln was preparing his great larger amount, you will at once see it will perspective to help him see the tempo- “House Divided” speech, he had in be better if I keep quiet; and 1 promise ral in the light of the eternal” (Young mind putting in it the following state- you that I shall do that [David H Yarn, Reuben, 44) ment He read his prepared speech to Young Reuben, 1 141 Herein lies much of President some of his friends who urged him not Clark’s greatness He was so eager to to put it in because it would surely Then Dr. Yarn comments: learn that even in his teens he would prove his undoing The sentence was, work all day in the fields and then read The frankness in this letter was to such books as Napoleon and His A house divided against itself cannot become a distinguishing characteristic of Marshalls during the evening stand 1 believe this government cannot Mr Clark’s correspondence and dealings His mind went directly to the crux endure, permanently half slave and half with men throughout his long career. of the matter He never mistook the free. I do not expect the house to fall- Although his recommendations many obiter dictum for the gravamen of a but I do expect it will cease to be divided times did not contain what others bad legal decision [Abraham Lincoln, Log Cabin to White hoped to receive, nonetheless his candor He obtained a profound knowledge House, 1531 and complete honesty contributed greatly of history, particularly of political and to men’s confidence in him for thty kneau legal history It can truly be said of When they urged him not to say that they could depend upon him to say what him, as he said of the framers of the ~~~ ~ 8 Athens, in Paris, and in London” (in Conference Kcport, April 1957, 48) ,‘is a stiident of history of the Inited States, its constitution, and he government, he had few, if any, wrs No rcccss of this vital area scaped his pcnotrating, exhaustive esearch In this field he ranked with hc giants of the Constitutional .hnvention John Bassctt Rloore, an ’15 l’rcsiclent I ee said: Lo\\just 11 nord in conclusion to )oil lortunatc studcnts it ho hate becn selectud to constitute thc first cluss in this la\$ school Because you are the first, you \\ill be, as a group, probably more widcly kno\tn than any other class You have been admitted for your superior qualifications Appreciate your opportunities; make the best of them Set a high standard Patriotism for \‘our successors to emulate Iiiu I’hat God may gilre IOU the courage President Clark’s patriotism knelt no kno\\ \thy you arc hcrc, what your and faith to meet your uhallengc, 1 hounds He loved his country as he school, the board of trustees, your oivn humbly pray, in the name uf Jestis lovcd his church To use his o\zn ivords: loved ones, and, yes, your Father in Amen __~ I I I I I I I I I I I I I I I IT'S BEEN ABOUT tl YEARS S1NC.E I I I FIRST LEARNED AS CHURCH I COMMISSIONER OF EDUCATION, IN I A CONVERSATION WITII ELDER I I I I I I I I I MARION G ROMNEY, THAT IT WAS I I I I I I I I I I I I I I I I I HIS STRONG DESIRE, ON WHICH I I I I I I I I I I I I I HE SOON MADE GOOD, TO HAVE A I I I I I LAW SCHOOL SINCE ?HEN, I ~ I ~H~NKWHAI HAS BEEN AMASSED IN ~ I I THE WAY OF ACCOMPLISHMENTS I I \ I I I I t ~~~~~~~~~~~~~~~_~~~~~----_------__-___-~~~_------I I I I I I I I I I I I I I I I I I BY ELDER NEAL A. MAXWELL I I I I I I I I I I I I I I I I I This address was given at the Alumni I I I I I I I I I I I I I I I Annual Dinner, October 23, 1992 I I I I I I I I L-- ILLUSTRATION BY BRIAN KEKSHISNIK CLARK ME OKANDUM is greater than even he would have ever imagined could suming tendency of compartmentalization in our society occur in such a short time The illustrative measurements 1’11 and in some of our lives. Compartmentalization is destruc- use here just by way of introductory comments leave out, in tive of identity and productive of hypocrisy It retards my opinion, the more significant accomplishments that have putting off the natural man because there are so many to do with being good fathers, mothers, husbands, wives, places he can hide! neighbors, and citizens. But we have: As I begin, I acknowledge that whether or not my 20 sitting judges remarks are at all helpfuI to you, this opportunity to reflect 17 state on what I yet lack with regard to integrity has been appreci- 2 federal ated Integrity is crucial to happiness; it is also portable It 1 tribal will, brothers and sisters, to the degree developed, go 1 congressman through the veil of death with us, and it will rise with us in 2 congressional candidates the Resurrection. How marvelous, isn’t it, that God’s long A major industrialist suffering, when you and I fall short with regard to integrity, Numerous state legislators and law professors gives us fresh chances to do better! 3 mission presidents Of President Marion G. Romney, the initiator and early 20 stake presidents nurturer of the Law School, recipient of the Order of the Numerous Relief Society presidcnts, Primary presidents, Coif, his biographer, EIder E Burton Howard, wrote: bishops, high councilors, etc. Graduates practicing in 17 foreign countries As [Elder Romney] opened his first law ofice, he resolved 7 who have clerked for U S Supreme Court Justices to arrive thirty minutes earlier than any of his associates. It’s very impressive, and I think the box score, so to He continued this practice for twelve years, during which he speak, is greater than any of us who have watched with read the Book of Mormon nine times interest would have ever expected He learned that the solution to problems was generally to be Of course, the on-rolling success of the Law School will found through reason and precedent Thus, he saw no conjict he reflected as it now is in the lives of its graduates And its between his approach and the scriptural admonition to “prove real accreditation will be a spiritual accreditation. all things; [and] hold fast that which is good” I repeat quickly two thoughts from a speech given a (1 Thessalonians 5:21) [Marion G Romney did not] see decade ago to the Utah State Bar: any reason to compartmentalize his life into religious and secu- lar segments [E Burton Howard, Marion G Rornney, His Life Please don’t let professional intensity cause you to falter in your and Faith (Salt Lake City: Bookcraft, 1988), 891 own families A good day in court cannot compensate for a bad day at home Winning points at the ofice round table is not as As the founder of the Law School that example should vital as that which happens at your supper table Go on being a be powerful €or all of us true friend tu your family and Meighbors as well as a good fiend The virtue of integrity is that it can respond to so many of the court. situations Integrity is never imitated by rivalry! General Robert E Lee, for instance, was asked for his opinion of a One piece of current counsel before I speak to my colleague Lee replied candidly but generously. Lee’s ques- major theme Please pace yourselves! Those of you whom tioner then said, in effect, “Well, he doesn’t speak so highly I know are highly conscientious and have need of this of you,” to which General Lee replied, “Sir, you have asked counsel. On my office wall is a quote from Anne Morrow me for my opinion of him, not his opinion of me!” Clearly- Lindberg, which says: “My life cannot implement in action to borrow a phrase from Walter Bagehot-Robert E Lee the demands of all the people to whom my heart “had furnished his mind with fixed principles,” which, responds” It’s a needed reminder for me, and I rather in my opinion, is the best form of interior decoratiun! expect for you as well John the Baptist had quite a following, but commented Paralleling that counsel is this episode involving a report meekly and with integrity on Jesus’ growing influence that by a colleague to President Brigham Young The colleague ‘‘Uesus] must increase, but I must decrease” (John 3:30) made his report and was anxious to leave so as not to How one wishes for that kind of meekness and candor in impose on President Young. But President Young said, “Oh, public life today A similar response occurred in the few brief please sit a spell with me I am weary of men and things ” moments in Church history when President Harold €3. Lee How often do we “sit a spell” with spouse, children, col- lay near death President Romney, his counselor, had come leagues, or friends? quickly to the hospital Soon Spencer Woolley Kirnball I should like to address the topic of integrity, which for arrived, president of the Council of the Twelve He meekly tonight’s purpose will be defined as an undivided, uncor- asked, “President Romney, what can I do to help you?” A few rupted, and unimpaired spiritual wholeness We are not minutes later President Lee was dead, and President Romney therefore speaking of mere reciprocity as in “honor among said, “President Kirnball, what can I do to help you?” thieves,” but of wholeness in relation to God’s principles. Our tongues are usually quick to reflect any lack of Hence integrity is an important remedy for the almost con- integrity Brigham Young said, 12 brethren tvho ot them arc m!‘ lriends I he? have liccome so scarcc‘” (hlathias I: C’o\\k); 11 i@rd \Ibo~lrr$f [Salt 1,akc City: The Ileseret Ne\\rs, 1909], h#) Hois blessed i\e arc that Joseph persisted anti completed hi5 mission--c\m amid those \r.ho lacked meekness and in tcgritv! I he episode just rcciteel may explain this quote since \crhosit\ docs clisclosc the heart, it has I from President \\i)oclruff trom \I hich the title of AND HONESTLY I hccn ol,scr\cd that sonictimcs it is “in silence ni) remarks is taken 1 Ic said: [that] man can most reaelil! prescr\rc his intcgrit!.” ( llcistcr Lckhart, Dirwtioiis j)r tile ( ‘orzteinpllttiw FOR REASON. 1 ifil Cmmpctcnc? and integrity \t’crC both prcscnt RESTRAINT, in the person of C;cncral George C’ hlarshall In an earl! effort to presene his intcgrity ;IS chid ot statf. Jlirrs,hdI rctuscct to be palsy-\\als\ nith PATIENCE. his comniatidct in cliict t irrl\ 011. I’rcsidcnt I riinklin I> I ;\lar\hall :I\ (,corgc&’* C rr.ntwI A Iarsha I1 c1 u ic hl\ rc )ti clctl~ ”It’s Crcwcwl llar- shall. ,\lr l’rcsiilcnt” I I>a\ id AlcC,iiilougli, lirrrrrlrii [ Sc.n hrk: \iinon & \chustcr, 199,I. 7341 I O\illt\ ;I\ I~lcnelccl it ti in t cyiI\ ! I iitc’r. 1o\i1IC,cncral llarshall \\anted \~n much to Icacl the, .Ulicd imrasion force \jhich nas his dc- scn~cdl\ to claim But I n AIm-shaII \\;is inore conccrncd about rc~iclc~ing~ t’ertiaps it is the gcncr:rl paucit! ol intcgrit\ in public lilt that results in its being so noticccl In dl scnicc than \\ith \\hiit his resumi. \ioulcl she\\! I ALL THE I ,hiceLricss \\:is t)lcndccl tsith intcgrit!! I of’ us Iherc. is something special aliout the Perhiips in it5 o\\n \\a\,genuine meekness is ;i ~ authorit!. of’ cxaniplc I his episode from the special rcflcction ot integrity’s proximate reaction I GOOD AND .lmerican lk~\~oltitionar!\iLir involves sacrificing to ultiniate reality, such as, \there \ve really stand ~ arid unpaid officers: in relation to the (d\tho created us and ga\~us I I UNEXCITING his Only 13cgottcn son I \\’hen intcgriti, is missing, hctra\al ma\ take its j place In Kirtland. \\hen \l’ilforcI \\’oodruff I VIRTUES eticountereci Joseph, the Prophet held his hand ’ and hoked longingl\ and scrutinizingly into --BART \\7ilh)rcl’seyes Disccrningh. Joscph said ho\\ glad , tie \\as to knon \\i)odruft itas his Iricncl, for “I I harclly kno\\ hcn I rncct those \I ho ha\c been rn)! I MCDOWELL CI ARK RIEMORANUUhl And then Washington stumbled as he read He WE MAY I [Boston: Little, Brown, 19831, 786) Ncvcrtheless, squinted, paused, and out of his pocket he drew some j ~ at the time of Chamberlain’s death, Churchill and new spectacles “Gentlemen, you must pardon me,” I I Parliament generously observed: I he said in apology “It appears that I have grown j gray in your service and now Ifind myself also grow- I NOT BE ABLE ~ History with its flickering lamps stumbles along the I ing blind I’ I I trail of the past, trying to reconstmct its scenes, to ~ Most of his men had never seen the general wear ~ revive its echoes, and kindle with pale gleams the glasses Yes, the men said to themselves, eight hard I I passion offormer days The only guide to a man 1 years They recalled the ruddy, fullblooded planter of ~ I is his conscience; the only shield to his memory is the TO STOP 1775; now they saw a big, good, fatherly man I 1 rectitude and sincerity of his actions. It is very grown old. They x~ept,many of these warriors And I I imprudent to walk through lye without this shield, the Newburgh plot was dissolved [Bart McDowell, j ~ because we are so often mocked by the failure of our The Revolutionary War; America’s Fight for Freedom 1 I hopes and the upsetting of our calculations; but with ALL v1 (Washington, D C : National Geographic Society, ~ this shield, however the fates may play, we march 1967), 190-911 I I always in the ranks vf honor. [Robert Rhodes I I 1 James, ed , Churchill Speaks: Winston S Churchill I ~ in Peace and War: Collected Speeches, 1897-1963 No wonder Flexner, Washington’s biographer, ~ THOUGHTS I (New York: Chelsea House, 1980), 7341 wrote of our first president, “In all history few I I men who possessed unassailable power have used Life gives LIS so many clinical experiences to that powcr so gcntly and self-effacingly for what help us, but it takes introspection and integrity their best instincts told them was the welfare of working together to break down the compartmen- their neighbors and all mankind” (James Thomas FROM COMING talization Flexner, Washington: The Indispensable Man Integrity also insists that we draw upon our [Boston: Little, Brown and Company, 19741, instructive memories, including past mistakes xvi) Churchill chose these words as the motto for his YCS, “almost all men” abuse authority and I INTO OUR last volume of his World War I1 history: “How power, hut Washington was not among them (see the Grcat Democracies Triumphed, and so Wcrc D&C 121:39) able to Resume the Follies Which Had so Nearly But Washington did not come to the American I Cost ’l’hem Their [Iives]” (Winston S presidency fully formed. Instead, as a younger off- I MINDS, BUT Churchill, “Triumph and Tragedy,” in The Second cer Washington learned from the reproof inherent World War, vol. 6 [Boston: Houghton Mifflin in his earlier mistakes Of his capacity for intro- Company, 19531, ix). spection, Flexner said: Without integrity, memory is diminished! I Integritjj can help us as it combines with WE DON’T HAVE I As his character and his world view expanded, more I meekness to keep us from the excesses of ego You meanings became clear to him He accurately defined and I can so easily be victimized by role suction, his failures and worked out the reasons why he had I that powerful, almost silent process by means of failed The iesults of this protracted self- education I which we can become so entrapped in a particu- I were to prove of the greatest importance to the cre- TO OFFER , lar role that we reflect its accompanying view- ation of the United States [Washington, 381 I points automatically, not reflcctively Hence the j saying you and I all know, “Where we stand I I depends on where we sit ” Granted, where we sit However, brothers and sisters, self-improve- ~ THEM CHAIRS I can bring wider perspectives, but it can also ment requires integrity in order for one to benefit ~ \ induce a refusal to reflect or to face the results of from introspection I ~ reflection. Inherent in integrity is the blessing of being I I In World War I, General Douglas Haig (along more settled, which makes integrity conducive to ~ I with other generals and their political leaders) got generosity Generosity in politics, for instance, is so I AND TELL I I “locked” in the awful and inconclusive trench war- rare, and we are bound to notice it I I ~ fare. One historian described Haig as, “inflexible, As you know, Churchill had steadily and vigor- I I intolerant . the perfect commander for an ously attacked Neville Chamberlain’s failed poli- j enterprise committed to endless abortive assault- cies of appeasement He once said Chamberlain 1 THEM TO I ing” (Paul Fussell, The Great War and Modern looked at foreign affairs “through the wrong end of I I Memory [London: Oxford Press, 19751, 12) a municipal drain pipe” (William Raymond ~ Just how disastrous was the “abortive assault- Manchester, The Last Lion, Winston Spencer I j I ing”? One morning, waves of British soldiers Churchill: Visions of Glory, 1874-1932, 1st ed. I SIT DOWN I climbed out of their trenches and began to walk 14 c LA I< K ni EM o RA N D u nr forward “Out of 110,000 who attacked, 60,000 were killed You and I have been asked to put off the natural man or woundcd on this one day Ovcr 20,000 lay bctwcen and the natural woman In your profession, as in every the lines, and it was days before the wounded in No Man’s other, there are so many inducements to keep the natural Land stopped crying out” (Paul Fussell, The Great War and man and woman comfortably intact-if only to do battle Modern Menzoiy [London: Oxford Press, 19751, 13) with other natural men and natural women! No wonder Unlike Washington, who learned froin his errors, Haig’s becoming the men and women of Christ is the great and “diary contains no admission of his errors, no recognition of persistent challenge (see Mosiah 3:19)! his fallibility ” If wc arc spiritually improving, whenever another indi- Without integrity, it is so easy to “gratib our pride,” or vidual encounters us-“at a11 times and in all things, and in “our vain ambition” and even to “cover our sins” (D&C all places”-he or she will experience a spiritual wholeness 121:37) In fact, this pattern is a leitwzot$ recurring again and a constancy-not perfection, but serious discipleship and again in human affairs! (Mosiah 18:9). For instance, Prime Minister Stanley Baldwin flinched Occasionally, by worIdly standards spiritual wholeness from the facts just preceding World War I1 because of worry will prove costly Disciplcs’ rewards are often not only over being reelected He later confessed as prime minister, deferred, they are often quite different Our retainers will a “confession” which stunned many in Parliament: come in the coin of a di€ferent realm At times, therefore, we really do give up certain things of the world in order to Szipposiizg I had gone to the county and said that Germany was maintain integrity rearming ai2d that we must reann, does anyom think that this “Do what is right; let the conscquciicc follow” contains pacific deinocracy would hime rdlied to that cyy at that homely but splendid advice Happily, faithful members of moment? 1 can think of nothing that zi~uuldhave rnnik the loss the Church have been promised the gift of the Holy Ghost, of the [general] election from my point of 27iew more certain who will show us “what is right” in all things and in all situ- [Roy Jenkins, Baldwin (London: Collins, 1987),271 ations (see 2 Nephi 32:35) Living in such a way that we can be shown what to do is a demanding challenge, and it takes integrity A very damaging, startling admission Erastus Snow warned of the Imrriers that we interpose to President John E Kennedy fretted over the growing U S God’s spirit when we seek to gratify our own wills instead of huildup in Vietnam, but as in this reported episode, he his What are these barriers, brothers and sisters, except shared Baldwin’s reluctance : more compartmentalization? One verse of scripture gives an immensely significaiit Tvze Picsident said, he krmv what the injueiztial Senatoi insight into Jesus’ integrity It tells us that he suffered wanted to heal; that he [l(ennedy] itm beginning to agree about “temptations of cvcry kind” but “gave no heed unto a comnplete military ivithdrmal “But I can’t do it zintil 1965- them” (Alma 7:11; D&C 20:22) With his keen intellect and zmtil after I’m re-elected I’ To do it hefore could cause “a wild unusual sensitivity, he would surely have noticed each and outcv” against him [Barbara W Tuchman, The March uf all of the temptations Yet he “gave no heed” unto them It Fully: From %uy to Vietnam, 1st- ed (New York: Alfred A is giving heed unto temptations that gets us in trouble! My Knopf, 1984), 3031 mission president used to say we may not be able to stop all evil thoughts from coming into our minds, but we don’t With those episodes from history as a backdrop, what of have to offer them chairs and tell them to sit down you and me? What of our individual samples of humanity- Many of us may not have any major problems with thosc lying within our circles of influence-whom God has integrity, hut we have lots of small gaps in our integrity given to us to love and to serve with integrity? One may not lie, but a nuance of an expression, otherwise Our circles of influence vary in size, but size is less accurate, nevertheless inflects to convey advantage We important than the quality and integrity of what we do may not personally engage in bashing others, but we do within those circles J R R Tolkien wrote wisely, engage somctimes in conversational cloak-holding by fail- ing to speak up If integrity were more operative, its emancipating effects It is not our part to master all the tides of the world, but to do on the human scene would be enormous It would €ree us to what is in us for the succor of those years wherein we are set, focus our energy, time, and talents on the real issues rather uprooting the evil in the fields that we know, so that those who than on game playing or maneuvering Moreover, with high- live after mny have till What weather they clean earth to shall er levels of shared trust, there would be greater shared per- [Gandolf in have is not ours to rule The Return of the King ceptivity as to problems and solutions. (New York: Ballantine Books, 1965), 1901 As in all things, the ultimate example is Jesus I never tire of bearing witness of him-not alone that he lived and lives, Without integrity, brothers and sisters, there are so many but also how he lived! Even in what might be descrihed as ways in which you and I can fail to “succor” and to uproot small episodes, he gives us such large lessons He was a fi~lly the evil in thc years and the situations whcrcin we are set integrated, righteous individual, fully congruent in character 5omc small episodes as I clusc: I’rc\ious to the c\rcnts lanterns and torches (see John I8:31 ,\mid that and so immecliatel!~ preceding the crucifixion, I’ilate and Herod had man\ other ironies, Jusiis kept his poise He endured so twen “at enmit) ” let, at 3 point of crisis, thcv “made tricntls nliich iron\, and iron\ is the crust 011 the hrcaci ot acl\-crsit\. togcther” [ I uLc 23:12 i Opportcinitics existed tor Jesus to Iron\. in m~ opinion, tcsts intcgrit! mote than dmc~stan\- take acl\mt;igc ot this tcmporar\ dliancc had he been \I ill- thing clsc. and Jesus cncluteil it in: to “shrink” from going through nith the ,\toncnicvt (scc IIrcnchccl in clccp suf‘lcring at the time of his arrcst, Jcsiis 1)t;iC. 1918, 19) I’ilatc found no tault uith Jcsus; f’ilatc \\;is might have let himself I)ecome so h\itrllcn \\ ith unclcrstancl- rcachal~le 50 \\;IS Hcrocl, t~hohad been clcsirous “to see hlc self-conccm-he‘s \lorking out the \toncment tor the IIcsus] ot‘ a long season” anti “hoped to have seen some mir- human tarnily-that there \1o~110have twcn IN) cupucity to acle cionc h) him” i I ,ukc L3:8-c)i Ihough standing bcforc think ot others at a11 Instead, cinpathic JCSLIS restored the Herod and fully a\\are of the ruler‘s expectations and the sc\rcrcci car of a hostile guard (see Iuke ??:?O-? I I lis \\a! opport unit) to please him, Jesus, nevertheless, “ansntwd itas not the nay of the s\zwd isec hlatthe\\ Zh:52 1 him nothing’’ (hikc 23:~),SCT also hIosiah 14:7i (In the cross JC‘SLISspokc onh several rccordccl scntcnccs Jesus’ integriti itas not for sale I’hcrc \\auld hc no One \\as to ;~ssc~rcthat his mother, hIar): \\o~ildbe carctl tor demonstration to purc.hasc amelioration Jesus maintainecl I)\ the ,\pestle John ,Inother reassured ;I pleading thief 11)- his integrity even in the niiclst ol an opportunitv 3 lcsscr Jesus’ sick \\'hilt Jesus \!as literall\, sa\~ingthe. \twIcl, hc still i ncl ividua I 1% ( u Id h ;i\~gI ad I\ sei /cd nurtured prouimatc inch~ieluals He \\as and is thc I’crl’cct tarlicr. \\hen his encrnics came liJr Jesus-the I,ight of Shcphcrcl, full of integrity and full ol crnp;uth\r! \\'hen io~ the \Z‘orlcl-in Ckthsemane, the\, ironically came nith and I sutler, sometimes \\c pass it along, don’t \te? Ih ~ ~~ - I IT 1s NOT Jesus always individualized remarltably The I I Of the once confident Peter who had faltered I Nephite Twelve, for instance, were interviewed by I 1 briefly, Jesus later pointedly and reprovingly asked I him “one by one” (3 Nephi 28:l) Clearly, he knew I 1 him three times, “Lovest thou me?” (John I I beforehand what their individual desires were, yet I OVR PART TO i 21:15-17)-evoking, as you know, Peter’s heart I he still gave each individual an audience Contrast I I wrenching rcsponses This was apparently a neces- I I how ablc-and-idealistic Woodrow Wilson tried to I I sary spiritual cleansing It seems to me, brothers I gct his league of nations approved As his hiogra- I I and sisters, that post-doctoral disciples often have I I MASTER ALL ~ pher said: I the toughest curriculum I I ~ Jesus was so perfect in his integrity that he I [Wilson] did not consult with the Seizators and I I never sought to prospcr or to conquer, in the I I 1 words of thc Book of Mormon, “according to his Representatives When he wanted to tell them some- I THE TIDES OF I thiizg, he sent for them, There zvas little give aid take I I genius” (Alma 30:17) Yet he was the brightest I I ~ ithen thq appeared He explained iahat zuas desiied, I intellect ever to grace this planet! I and dismissed the callers When inen o#ered informa- I I How many mortals have done precisely oppo- I tion he all-eady possessed, he cut them off by saying, I THE WORLD. site while wanting recognition for their domi- “I I I I k.~ozv that I’ [Gene Smith, \{hen the Cheering I 1 nance! Contrast meek Jcsus and his integrity with I Stopped (New York: \-Yilliain Morrow and I I thc poct Shelley’s lines about one mortal ruler cel- I Company, 1964), 301 I I ebrated by a statue: I BUT TO I I I I I Universal Jesus is so personal! Jesus honored I I ~vovast and trunkless legs of stone I 1 the integrity of each moment instead of worrying I I Stand in the desert Near thenz, on the sand, about audience size He was especially disclosing 1 [UPROOTI THE I Hnlfsz~izh,a shattered visage lies, I I to a believing and solitary woman of Samaria: I I I I I Aiad on the pedestal these words appear: I The iiwnan snith zcnto him, I know that filessins I I “M)P name is Ozynandins, king of kings; 1 EVIL IN THE I I ’’ cometh, which is called Christ: zvhen he is come, he I I Look on my works, j’e Mighty, and despair, I will tell us all things I I Nothing beside remaim Round the decay I Jesus saith unto her, I that speak uizto thee ant he I I ; Of that colossal wreck, boundless and bare [John 4:25-261 I FIELDS THAT I The lone and level sands stretch far azuay I I I [Percy Rysshe Shelley, ”OLymandias,” I81 71 I I I It was thc same audience size with an imprisoned I I Paul: “And the night following the Lord stood by I The ley may be seen in what concerned Jcsus WE KNOW, I him, and said, Be of good cheer, Paul: for as thou I in the depths of his agony in the Atonement hast testified of me in Jerusalem, so must thou ~ What concerned him? “That [he] might not bear witness also at Rome” (Acts 23: 1 1) 1 shrink” (D&C 19:18)! Mercifully for all of us, he THAT Jesus’ sensitivity and intcgrity combincd so so ~ did not pull back He did not shrink but, instead, beautifully ‘Ibthe mother of James and John, who I completed, with full integrity, his “preparations wrongly craved status for her sons in the world to I unto the children of men” (D&C 19:19) I I come, Jesus gave mild reproof, “Ye know not what I I No wonder Paul declared, “in [Christ] all l THOSE WHO I you ask,” further indicating the Father had already I I things hold together” (Col 1:17, KSV) He cer- I I I I made that determination (Matthew 20:22) Jesus I I tainly held togethcr during that awful Atonement! I I never shrank horn giving counscl, but hc always I I He not only had the integrity to do the Father’s I I took into account the receiving capacity of the I LIVE AFTER will, but, just as he had preniortally promised, he I I hearcrs It takes caring to customize and perceptiv- I I gave all the glory to the Fathcr! I I ity LO know how One could care but not know I I As I conclude, the words of Jacob come to I I how Or one could see what needs doing but not I I mind: “0be wise, what can I say more” (Jacob I MAY HAVE I care sufficiently to do it. Integrity mobilizes a11 the I I 6:12)? I I I I other virtues! I I May you and I develop sufficient additional I I Jailed John the Baptist sent followers, doubtless I I integrity so that we can receive the blessing I I concerncd with John’s situation, to inquire of Jesus I CLEAN EARTH I Wilford Woodruff promised and obtain “the evi- I I I I about his Messiahship “Do we look for another?” I I dence within,” so that, though imperfect, wc can I I they said (Matthew 11:3) Jesus praised, not scolded I I be “accepted” and “have the confidence of God ” I I John, indicating that no greater prophet had been I I And then, on one later day, shall our “confidence I TO TILL I born of woman (see Matthew 1 1: 1 1 ) To the inquir- I I wax strong in the presence of God” (D&C I I ing delegation, hc said go and tcll John that the I I 121:45) I I I I blind see, thc lame walk (see Matthew 11:4, 5) I I God bless you and yours, in the name of Jesus I 1 What is your phrase? Res ipsa loquitur? I -1 R R TOLKIEN I Christ Amen 17 Tllus+ratiom by Ann Weaver w I N P n E s I D E N T ElaineL Jack TOMORROW IS MY BIRTHDAY A BIG ONE YETIINCLUDE THIS hlYSELF TONIGHT AS I ISSUE A CLARION CALL FOR US TO FIRESIDE GROW UP I AX1 NOT SPEiiKING IN IhRMS OF OUR SILL OH ADDRESS OUR AGE, 1 Ah1 SPEAKING IN TERhIS OF OUR SOULS THE WAS GIVEN ADVERSARY IN IHJSE LASl DAYS IS SEFKING WITH FFRI‘OR MARCH 21, 1993 TO CALL US MIS OWN WE MUST BALANCE HIS ATTACKS, OFTEN SUBTLE AND SOFT SPOKEN, El OUR INCREASED SPIR- II’UALIlk IT IS NOT ENOUGH TO MERELY BELIEVE WE must be passionate in our belief and in our commitment to Jesus Christ and his gospeI plan We must know-unequivocally-that he is with us always, and that he will guide and direct us as we work toward our own salvation The Lord loves an honest heart and a contrite spirit He loves those who are meek and humble, those who rejoice not in the victories of the world, but in the victories over the world He loves those moments when we choose to stand for the right, when we sacrifice a good time for a great moment in his service To do so requires spiritual maturity Put simply, spiritual maturity is C L A R K R1 h hl 0 It A N D I1 hI understanding that life is a process to feel love for all of you sitting in this hard labor, and humblc circumstance help us become like God. Being well room with me tonight. Believe me when who would respond to the counsel, grounded in the gospel helps us place I say that. “FoIlow me, and do the things which yc one foot clearly in front of the other, on As I have talked with women and have seen me do” (2 Nephi 31:12) He a path less popular to the masses but men in countries, diverse in their lan- recognized the spiritual strength of 1~11traveled by the followers of the guages and cultural traditions, I find these men Savior. that though circumstances may vary, In the Doctrine and Covenants the basic challenges are the same I have AdJesus, walking by the sen of Lord has stated plainly “I say unto you listened to a single mother with a Galilee, saw two brethren, Siinon called that all things unto me are spiritual, , , , menial job who prays fcrvently that her Pete?, and Andretu his brother, casting a for my commandments are spiritual.” child support will arrive evety month net into the sen:for they were fishers (D&C 29:34-35). Though we know that in the mail I have been chastised by a And he saith unto them, Folloiv me, to be true, we tend to compartnientalize woman physician, a captain in the and 1 will ?nuke~-you fishers of men our lives We have our Church work, our Navy, who wants to be hcard and Aid they straightway Zeff their nets, families, our social life, our professions, understood 1 have watched a woman and follotved hiin. [Matthew 4: 18-20] and our possessions. To become spiritu- ally mature means to merge all these into one whole, to expcct that in this life we will live by the standards the Lord has set for us-for the eternities To be spiritually mature is to lx comfortable IT IS NOT ENOUGH with such a singular purpose Spiritual maturity embraces knowl- TO MERELY BELIEVE. WE MUST BE PASSIONATE IN OUR BELIEF AND edge and learning Elder G, Homer Durham, a formcr university president IN OUR COMMITMENT ro JESUS CHR~STAND HIS GOSPEL PLAN. and member of the First Quorum of the Seventy said, entrepreneur in Indonesia who oper- I Contrast their actions with the The respzsibilitv to leanz has greater ates a guest house not to pay the rent young man described in Matthew who significance for ivoinim todq than ever but to provide jobs for her LDS sisters approached the Good Master asking, before I have heard repeatedly from womcn “What good thing shall 1 do, that I Wornan has not only to learn, hut also who struggle with managing a home may have eternal life?” The Lord rcit- to use wisely that ivhiclz she learns and family, largely alone, because thcir erated his commandments concluding, The world of knowledge is before hex She husbands balance both demanding “l‘hou shalt love thy neighbor as thy- must enter it and proceed to the limits of professions and church callings I have self ’’ her capacity She begins by knowing had long conversations with university t?mt she is a child of God and recognizimg professors who have learned to steady The you?zg man snith uizto him, all tvhat that portends [“Woman’s their devotion to academics with spiri- these things have I kept from irzy youth Responsibility to Learn,” in Woman tual resolve What I see is that no mat- up; what lack 1 yet? Jeszis said unto him, (Salt Lake City: Deseret Book Company ter the setting or situation, these saints If thou wilt be yefect, go and sell that 19791, 32-33] are looking at their lives with spiritual thou hast, aqzd give to the pool, nizd maturity necessary to feel secure in thc But wlzen the j102irzg trzaiz heard that what it means to be a son or daughter great possessions [Matthew 19:16-221 application, devotion, clarity of thought, of a loving Heavenly Father joy, peace, and love It means accepting The scriptures have many examples Where arc we spiiitually? Have we who we are and where we are Since I of those who have understood the lost sight of our purpose because of our have been called to this position in the charge, “Seck ye first the kingdom of worldly treasures? Would we respond Church, I have prayed for the capacity God and his righteousness” (Matthew with the conviction of Peter-as did to form rclationships, in particular, 6:33). Indeed the admonition, “By Sariah and Lehi when they fled meaningful spiritual bonds with women their works ye shall know them” Jerusalem-as did the saints when they I have tried to understand their experi- (Moroni 7:5) speaks of the opportunity abandoned Nauvoo and their newly ences, to fee1 the height and depth of to makc a difference rather than sim- built temple? Few of us arc asked to their difficulties The Lord has answered ply to make a name or a place drop everything and come now But my prayers. I do feel warmth and con- When the Savior picked his disciples being spiritually prepared means being cern and love foi all of his children I he chose those seasoned by experience, on call whcn the Lord says “follow me ” ~~ 20 ~ ~ ~~~ It isn’t always easy We must learn es She stayed on her course But there stone” (John 8:7) Look at how you to includc the Lord in our decisions were changes deal with others-particularly in this and listen to his counsel as we steer our She learned much that fall. Yes, she highly competitive environment Is course I know of a young woman, became well schooled in her discipline, respect for onc another paramount in when about the age of many of you, but the much more dramatic growth your relationships? Do you value those who was graduating from college and occuried in spiritual dimensions Her friends who stand by you or only those preparing to go to graduate school Just original goals for fame and the spot- who can take you someplace? Have days bcfore her departure to the East, light faded quickly as she saw opportu- you caused pain to another or received she was sitting on the couch in her home reading a news mag- borrowed? Do you lack azine that had a promi- respect for the personal nent feminist splashed on goals, direction and pur- the front cover This is suits of others? What can what she describes: you learn from the Nephites and Lamanites I toas captivated by the who took such detours? picture on the front This Today at this law femule leader looked bright school you share opportu- and enthused ribont her life nities to lcarn and grow nnd her opportunities 1 Your experiences are so uunted to be just like her 1 valuable 111 you is a bal- wanted to do those things ance that will not be she had done. I, too, wanted found in many graduates to innhe such a difference I at othcr campuses You are wanted to be on the front students who Itnow God’s cover of Ncivsivcck maga- will and appreciate that zine blessings come from living As 1 mused about that close to the Lord and j’iitiire course a voice spoke touching others with your clearll, in my mind I iims n goodness By your cxam- good .member of the Chzmh ple, with your eyes single iiho had been taught well to the glory of God, you and raised to have a testimo- will teach and reach oth- ny 1 ivas bright, iizdependent, almost dri- talents in the Lord’s service She had ers This will be a most significant ven 1 was used to making vzy decisiotzs hcard, “Follow me,” and she could not contribution I promise you with the intelligence and saiy the LDrd deny it Thc challcnge for her was to Because of your training at this had given me, und I’d heen successfil determine just how shc could best great institution, you have much to So this voice was not a typical experi- serve the Lord with what she knew offer Jack Welsh, president of General ence It said, “That’show Satan gets to how to do so well. Electric, describcd such opportunitics people like you; he leads them away from Her contributions today are not when he said, “We need to make jobs the ivorlz of the Lord ” 1 IVUS startled focused on worldly causes She’s never big enough for the human spirit and That certainly zi7as not the direction 1 had been on thc covcr of Neivsiveek; in fact, still be winners in the marketplace ” been pzirsziing in tny mind I ivas thinkzng her name doesn’t always appcar on the I’d like to turn that around to say ‘We about becoming somebody As I continued books and chapters she writes or com- need to create human spirits big to tend of this ivotnan’s reach, the voice piles But she has come to understand enough for thc job ” As members of came again, “That’s how Satan gets to that spiritual maturity is not so much ’l’he Church of Jesus Christ of Latter- people lilze yon; he leads them mvay from what you do-but how you do it and day Saints, we are in the “business of the work of the Lord.” Uncomfortable for whom saving souls,” our own and others’ with ivhat ivas happening, I left the room Your spiritual and professional and tried another setting for my reading strengths will be most valuable whcn The message came again applied to saving souls. Start now to embrace the best in everyone Start My friend knew the Lord was talk- tual maturity is thc way we treat each with each other. This is work for us ing to her She’d never had such direct other Jesus taught his disciplcs, all-men and women-if we are to counsel What do you think she did? “Suffer the little children to come fight for righteousness in a world capti- No, shc did not leap up, embrace a unto mc” (Mark 10:14) and “He that vated by pleasure and pride In Mosiah new way of life and start to can pcach- is without sin let him first cast a we read, “Ye shall not esteem one flesh 21 C L A R K Al E M 0 R A N D U A4 above another, or one man shall not stated in Philippians: “forgetting those their muscles, lzft their spirits, multiply think himself above another” (Mosiah things which are behind, and reaching their blessings, increase their opportuni- 23:7). President George Albert Smith forth unto those things which are ties, comfort their souls, raise up fiends used to say it this way: “We are all our before, I press toward the mark for the and your out peace. [“Jesus Christ- Father’s children” (inscribed on his prize of the high calling of God in Gifts and Expectations,” in Speeches of gravestone, Salt Lake City Cemetery) Christ Jesus” (Philippians 3:13-14) the Year, 1974 (Provo: Brigham Young What we have in common are those University Press, 197 S), 3 101 things that matter most When we are spiritually mature we That’s not unrealistic If we turn put the Lord first. For example, by our lives over to God it doesn’t mean reading the scriptures every day we learned to press forward with full faith that he will make our decisions or keep our Iives centered on his corn- in Christ He’s a lawyer with four chil- solve our problems, It means he will be mandments, not the strident voices dren who after 20 years of practice left with us Elder Bruce R McConkie demanding their reform President his position as a partner in a large describes such spirituality as “that Benson has told us to read the scrip- firm. He was weary of the bickering, state of holiness, purity and relative tures with particular focus on the Book the angry outbursts among hi5 associ- perfection which enables mcn to enjoy of Mormon He has said. ates, and the questionable practices the near-constant companionship of that profited the firm’s bottom line the Lord’s spirit” (Momnon Doctrine, I bless you with increased zsnderstanding but compromised his integrity 2nd ed [Salt Lake City: Bookcraft, of the Book uf Alomzon. 1 promise you He and a friend, a busy bishop, set 19661, 760) Frequent promptings and that from this inoinent fonvnrd, if wewill up a partnership. It was a tough tran- personal revelation through the Holy duilj) sup froin its pages md abide by its sition to leave a firm of multiple Ghost are part of that refining process precepts, God will pour out upon each clients and set up shop hoping clients Being polished by the Lord calls for child of Zion and the Church a blessing would come He had made the break sacrifice and courage The process hitherto udbmivn [(A Sacred for the right reasons, putting his spiri- comes with trials and temptations that Responsibility,” Ensign (May 1986): 781 tual concerns first, but the heavens did are often unrelenting and so enticing not open No one came for his ser- We must recognize problems for what ‘l’he scriptures arc full of inspira- vices; he struggled. He implemented they are and surmount them In the tion and truth that can be an anchor all the client generation techniques he process we become strong and effec- to our lives no matter the situation knew Many of us would have started tive Spencer W. Kimball, speaking to While we often look to the scriptures to second-guess the decision Not my the saints in 1943 when he was called to receive comfort, to help us resolve friend He read the scriptures with to be a General Authority, spoke of problems or to point the way to repcn- intensity every day until he felt the such conflict He described the self tance, we should use the scriptures as spirit strongly He served sincerely in doubt he felt as he stepped forward to a guide to gladness as well. It is stated his Church callings He made serve the Lord: “You can’t do the work. so well in the Old Testament: “I will covenants with the Lord. He turned to You are not worthy. You have not the rejoice in the Lord, I will joy in the the only resource he had left. He asked ability”-and then he described that God of my salvation” (Habakkuk his Father in Heaven to help. But he still small voice speaking softly to his 3:18), Did you know there are 387 ref- didn’t ask alone He brought his family soul, “You must do the work erences in the standard works to rejoic- together and asked his children to pray assigned-you must make yourself ing and another 363 references to joy? that work would come. able, worthy, and qualified , . And Doesn’t that say something about And then he went to work At night the battle raged on” (in Conference being jubilant? This is a joyous gospel! his children would question, “Dad, did Report, October 1943, 16) The Lord can speak to us in the we pray anybody in today?” Indeed the Do you feel like that sometimes? scriptures He also speaks with a still, pleas to the Lord were successful, and On some days do you feel like “master small voice, and if we listen we will he soon had more clients than he the tempest is raging”? I do How I hear Notice how we have to do some- needed They still pray in that family plead that I will respond to that spiri- thing, Spiritual maturity has nothing to for work-and the work keeps coming tual voice that reminds us that in all do with age and everything to do with President Ezra Taft Benson has we do, we must make ourselves “able, experience Our spiritual development spoken decisively about being yoked to worthy, and qualified.” We must earn cannot be set aside for a time down the God our maturity by effort. road when our professions are in place, Those who are waiting out their our jobs are secure, our finances are Men and women who turn their lives over time on earth by merely being busy are adequate, and our children are raised to God will find out that he can make a missing the measure of their cre- We must address the world each day for lot more out of their lives than thhty can ation-to have joy-to be filled with what we can learn, understand, con- He will deepen their joys, expand their light and love and to rejoice-all our tribute, and restore Our goal is clearly vision, quicken their minds, strengthen days For there is much in this world 22 C LA R I< M E M 0 R A N D U hl to celebrate: We are living. We have not just for the easy things, not just for Growing up requires that we recognize the truth We have been born in these the good things. We must give thanks that this life is the time to prepare to days of the restored gospel. We have for all things meet God This world isn’t supposed the right to choose. The Lord speaks Our motto in Relief Society is to be perfect Our Father has given us to us and to our leaders. His spirit “Charity Never Faileth.” We believe in talents and trials here that we might brings peace to our souls These bless- that statement We live by it. It doesn’t learn and grow, and along the way help ings are most significant. mean charity almost always never others to find such direction. To be Rejoicing in the goodness of the faileth It means charity never failcth It spiritually mature we have to labor all Lord is a mark of the spiritually is a motto for everyone. To me charity our days. The Lord provides us with mature. Our rejoicing reflects our grat- is like the keystone of an arch. It holds the tools: the scriptures, the com- itude for all that the Lord has given everything else in the gospel in place. mandments, latter-day revelation, BEING WELL GROUNDED IN THE GOSPEL HELPS US PLACE ONE FOOT CLEARLY IN FRONT OF THE OTHER. ON A PATH LESS POPULAR TO THE MASSES BUT WELL TRAVELED BY THE FOLLOWERS OF THE SAVIOR us When we are truly grateful, we see The prophet Mormon defines charity prophets, the Holy Ghost, and other the Lord’s hand all around us; he is as “the pure love of Christ” (Moroni people, like family, friends, fellow stu- everywhere In a recent visit to the 7:47). Love is essential to spiritual dents, and neighbors. Philippines, I was touched by the cir- maturity We hear so much lately of the Do you remember people asking cumstances of the professional women changes taking place around the world when you were small, “What do you who are well trained but caught in the I think the transformations are not so want to be when you grow up?” Well, morass of extremely high unemploy- much what is happening in the head- here wc are, kind of grown up I think mcnt A 33-year-old returned mission- lines but what is happening in hearts we Itnow what we want to bc-follow- ary sister had her medical degree but and homes People are hungry for ers of Jesus Christ Each of us, in our no means with which to set up a clinic. meaning and purpose and love The own arena, from a guest house in So she was applying for further train- Lord said, ‘As I have loved you love Indonesia to the Law School at BYU, ing at a local hospital Waiting for the one another” (John 13:34) To love so can choose to follow Jesus Christ Such appointment to come through, she was sincerely is the solution to so many spiritual maturity means developing an gratefully treating the members of her woes, so many heavy hearts. attitude that directs the way we see ward who couldn’t afford doctors’ fees Charity is my business I am not things, dictates the order in which we She had made herself able, worthy, and here to direct, to make decisions for do things, and focuses our attention on qualified and the Lord was blessing you, or to pass judgment I am here to things that really matter others through her skill They had support your righteous desires and The power to sustain this level of cause to be grateful for her; she had encourage you to press forward with a devotion to the Father and his princi- cause to be grateful for them We are steadfastness in Christ. ples is within our reach. To bring souls all in this together I spoke to a bishop on the East unto Christ, ours in particular, is the Another mother expressed great Coast last week who was dealing with a essence of God’s plan We must love thanks that her two daughters were thorny problem involving a woman in what he loves, value what he teaches, completing their training as midwives his ward. Without disclosing the and labor where he needs us Let me She told me proudly that one had details he recounted to me his com- leave you with the finest example of earned the highest marks in the whole ments to her. “I can’t make that deci- such spiritual maturity It was Jesus country It would take three years to sion for you But I will support you in Christ who in his last hours went to pay off the debt, two more daughters your decision because I trust you and God in mighty prayer, saying, “0 my were ready to be educated, and the roof respect your ability to make that deci- Father, if it be possible, let this cup pass was leaking. Life was hard. Yet these sion righteously ” This was a disciple of from me; nevertheless not as I will, but women understand 1 Thessalonians: the Lord reaching out to another and as thou wilt” (Matthew 26:39) “Rejoice evermore. Pray without ceas- exercising pure love Charity never May we all respond to the call to ing. In everything give thanks” (1 faileth. I know that grow up. May wc seek to do the will of Thessalonians 5: 16-1 8). We must give Join me tonight in praising the our Father in Heaven, I pray, in the thanks not just for the splendid things, most high God, whose work this is name of Jesus Christ Amen 23 In THE TONIGHT I WOULD LIKE TO DISCUSS TWO DIS- TURBING DEVELOPMENTS IN THE LEGAL PRO- FESSION-DEVELOPMENT5 I BELIEVE TO BE RELATED THEY HAVE BEEN MUCH DISCUSSED DURING RECENT YEARS, BUT FEW PEOPLE SEEM TO SEE ANY CONNECTION BETWEEN THEM C L A R K kI EM 0 RAN D U h.1 The first development is the ever-increasing emphasis bono representation of John Hcnry Knapp, a well-known on the commercial and economic side of law practice and inmate on Arizona’s death row Ihapp had been convicted a corresponding decrease in lawyer public service. One seven years earlier of deliberately setting a fire that had Idled need only pick up a copy of any modern legal magazine to his two daughters in the bedroom of their home. As you can scc the commercial emphasis It is trumpeted in articlcs imagine, a crime so repulsive had received widespread publici- and surveys that measure professional success almost ty in Arizona By the time our firm was approached about the exclusively in terms of income and status case, Knapp had exhausted his appeals and lost severaI peti- The decrease in public tions for post-conviction service is more difficult to relief Several times the detect, but nonetheless Arizona Supreme Court rcal It was highlighted in had issued warrants for his February when thc ABA execution, only to have House of Delegates found thcm stayed by yet another it necessary to pass an judicial challenge Worst of amendment to the Model all, Knapp had confessed to Rules of Professional committing the crimc, Responsibility The amend- making his plight all the ment states that lawyers less sympathetic. should render at least 50 Knapp had been hours of pro bono legal ser- charged and convictcd vices each yeas (see Fzjly largely bccauhe of a state Hours for Pro €30~0,ABA arson investigator’s con- Journal, Apr 1993, 32) clusion that the Knapp Forty hours should bc fise was not accidental- spent providing legal ser- that it had bccn started vices to the poor, with with a comhustihle liquid another ten devoted to Suspicions that initially improving the law, the legal arose €rom the rapid system, or the legal profes- growth, intense heat, and sion The remarkablc aspect of this amendment is not that it unusual burn patterns of thc fire were confirmed, at least in occurred, but that it was decmcd necessary by the leaders of thc investigator’s mind, when he found an cmpty can of our profession Delegates from around the nation concluded Coleman fuel in the front ha11 closet of the Knapp home that modern lawyers need an ethical imperative if they are to Having concluded the fire wds caused by arson, AriLona spend the equivalent of one hour per week providing legal officials turned their suspicions to the only two adults in the assistance to the poor. Equally concerning is the fact that sig- house at the time of the fire-John Knapp and his wife, nificant lawyers and groups of lawyers opposed the new rule Linda. Several nights aftcr thc fire, under close and vigorous They apparently thought it improper or ill-advised to require interrogation at the police station, John Knapp confessed lawyers to provide pro bono services to the poor. that he had started the fire deliberately John recanted the The second development-one that probably should not confession almost immediately, but the confession was be mentioned during an awards ceremony for third-year law enough to convict him of first-degree murder and secure fur students-is the widely documented dissatisfaction modern him the sentence of death-a result applauded by outraged lawyers feel with their profession A 1990 survey by the citizens of Arizona Natioizal Lazi?Joztmal, for example, found that only 3 1 per- When our firm entercd the case seven years later, there cent of all lawyers were “vcry satisfied” with their profes- was little hope for John Knapp, and few people who carcd to sional lives (NationaE Law Journal, May 28, 1990, St) help him Initially we agreed to look at the case simply as a Nearly two-thirds complained that law has become less of a favor to an overworked and thoroughly frustrated criminal profession and more of a business More than half view defense lawyer who believed John Knapp to be an innocent other lawyers as obnoxious. Seventy percent dislike the long man but who had exhausted all of his time and energy for hours and tension of practicing law the case Lawyers in our firm who looked closely into the I believe there is a relationship between the increasing facts and met John Ibapp soon also concluded that he was unhappiness of lawyers on one hand and our profession’s an innocent man, Time does not permit me to recount all of modern emphasis on economics, with its corresponding de- the efforts undertaken during the next eleven years, but let emphasis on public service, on the other hand I see this me mention a few of the high points connection largely because of several experiences our firm At John Knapp’s murder trial, the defense had argued has had in pro bono practice and the effect those experi- that thc Knapp girls set the fire themselves, John was unein- ences have had on my own happiness as a lawyer ployed at the time of the fire, the heat in the house had Twelve ycars ago our firm agreed to undertake the pro been turned off by the electric company, and John and his 26 C L A R K hi E A? 0 II A N D U hl wife had resorted to Coleman lanterns and stoves for light- At Knapp's original trial prosecutors had placed in evi- ing, heating, and cooking The girls had been seen playing dence the Coleman fuel can found in the closet of the with matches more than once The defense theorized that Icnapp's home after the fire They referred to it as "the death the girls awoke on the cold morning of the fire and started can " The prosecutors told defense counsel and the court playing with matches in their cluttered bedroom, inadver- that they had tested the can for fingerprints but that all tently setting the fire that caused their deaths prints on the can werc sniudged While preparing for the The prosecution debunked this theory, arguing that an new trial years later, we insisted upon the disclosure of all flashover Flashover occurs when a fire in a confined arca touch the can, and shc told investigators she had placed the causes heated gases to collect at the ceiling level The gases empty can in the closet several days bcforc thc fire occurred quickly become superheated, rcflecting intense heat back But we still wcrc faced with the very troubling fact that down on objects in thc room This reflected heat causes the John Knapp had confcsscd to committing the crime. We room literally to burst into flames, and the confined space learned several significant facts about thc confession quickly becomes a raging inferno Tests at Harvard On the night of the confession John Knapp was suffering University had shown that even a small fire, through from a severe migraine headache-a recurring condition for flashover, can quickly cause an entire room to burst into which he had been receiving medical care The detectives flames The flashover phenomenon was not generally under- who questioned Knapp later testified that his pain was so stood when John Knapp was tried for the murder of his severc during the interrogation that he literally was pulling daughters in 1974 hair from his head The confession, given in a nine-foot-by- Our firm ultimately hired several fire experts from nine-foot room under close questioning by two investiga- around the country to examine the evidence from the tors, and while John Knapp was suffering a migraine Knapp fire These experts concluded that all of the indica- headache, was at least suspect tors rclied on by the Arizona arson expert were consistent John Knapp recanted hi5 confession almost immediately with an accidental flashover fire Our defense team even saying that he had confessed to protect his wife Knapp later built a replica of the small bedroom, down to the placement claimed that he told his wife, in a phone conversation from of furniture and other objects in the room, and ignited a jail the day after the confcssion, that he had confessed to small amount of paper to show how quickly a flashover fire protect her because the police had told him thc fire was set could spread Within minutes the small room became the deliberately and he did not want her to be charged with the raging inferno that the arson experts had testified could crimc At trial the prosecution rebutted this explanation by only have been caused by a combustible liquid noting that Knapp had spoken with his father-in-law shortly In 1987, after six years of attempting to obtain a hearing after the confession but had not stated to him that the con- on post-conviction relief, we were permitted to place this fession was false flashover evidence before an Arizona superior court judge Seventeen years later, as we wcre approaching Knapp's After reviewing the evidence, the judge found that it "would newly won retrial, the prosecutors finally revealed that the probably change the [guilty] verdict," and granted John telephone conversation Knapp had claimed to have with his Knapp a new trial wife in 1974 had in fact been tape-recorded by thc Statc and ( I \ I< h \I I \I 11 I1 \ \ I) II \I never disclosed to defense counsel \\'e obtained it copy ol' letter trom a )oung miin naniecl Ibt\ (7irdler. \\ho \\its serv- the tape ,\s la\\\ers trom our tirin listened to the recording ing t\\o conxcutivc life sentences tor the arson deaths of his for the first time. the\ heard the voice of a tearful John \vitc and child in a mobile home fire near l'rcscott. .\ri/ona hnapp, 17 \ears \ounger. telling his \\il'e that he did not set (;irdlcr \\rote, "I too am innocent. and i~skctlour lirm to the tire that took the lives of his chilclrcn and that he had help him \\'c chuckled about the ne\\ specialt\ \re iippir- contcssctl I,ecausc he Icared she \\oulcl Ix charged \\ith cntlv \\ere cheloping and responded \\it11 ;I politc letter the crime it he did not take responsibilit\ tor the tire I he declining to become involved tape, of course, strongl) corroborated Knnpp's explanation In .;hart. Ray (kdlcr persisted, and \\e of the confession to look at his case \\'hat \ve lountl \\;IS astonishing ktv There is much more I could tell you about this case Oirdler had lieen convicted ot the arson tlcaths ot his \\ife John Knapp is no\\ a free man, living in I'ennsylvania and and daughter on the testimony of the same investigator \\ ho ivorking at a full-time job In more than t\vo years of free- testified at John Knapp's murder trial La\\ycrs from our tirm dom. as in the )ears More the fire, John Knapp has had no quickly clcterminecl that the arson conclusions in the Lircller difficult) \\ith the la\\ .After spending 13 years on death fire \\ere c\en more doubtful than those in the hnapp tire rolv-at one point coming \tithin 36 hours of execution- .\id in the C;irdler case there \\:IS no confession. no motive, John knapp has become it contributing and responsible no (:oleman tucl can--only the testinion\ ot an arson inves- member of society tigator r\ho conclutlccl that the tire had not lieen accitlcntal 1 here is ;1 remarkable corollary to this story Shortlv after .\l'ter an extended e\ identiar) hearing, the )'a\ apai John Knapp \\as released trom prison, our firm received ;I County judge nho had sentenced Ray Girdler to t\\o con- C LA R K M E MO RAN D U M secutive life sentences ordered that a new trial be held We These words seem out of place, even antiquated, to our then convinced the court to hire an outside expert to modern legal profession-a profession that focuses more examine the evidence of arson The expert quickly con- attention on earning money than on public service. But cluded that the Girdler fire had been entirely accidental remember, that is the same modern profession that lawyers He found the Arizona investigator’s conclusions of arson now find quite unsatisfying to be professionally negligent and morally unforgivable, You law students might not recognize it, but as a lawyer and recommended in the strongest terms that the charges you will have marvelous powers You can open locked doors, against Ray Girdler be break down walls, find solu- dropped The prosecutor tions to impossible prob- agreed lems The plights of John I Knapp and Kay Girdler Ray Girdler, like John AFTER SPENDING 13 YEARS ON Knapp, is now a free man. illustrate that there are peo- After spending eight years ple in our society who find in prison under consecu- DEATH ROW-AT ONE POINT COM- themselves helpless before tive life sentences, Ray the law Without the assis- now lives in Phoenix, tance of a lawyer, these peo- where he is resuming his ING WITHIN 36 HOURS OF EXECU- ple often are incapable of college studies and recent- helping themselves, In ly was promotcd to man- today’s world of legal com- ager of a retail store T[ON-JOHN KNAPP HAS BECOME plexities, even a simple land- I suspect you would lord-tenant problem can not be surprised if I told become an insurmountable you that our firm’s defense A CONTRIBUTING AND RESPON- bairier to one untrained in of John Knapp and Ray the law Honest people of Girdler have been among modest means often find SlBLE MEMBER OF SOCIETY the most satisfying aspects themselves at tremendous of my law practice And I disadvantage in their per- did not work on either sonal, family, and business case They were handled dealings when they lack by other lawyers in our firm As a partner in the firm I helped legal counsel Those of us who have a monopoly on legal ser- to finance the effort, and even that meager contribution has vices must provide the assistance if it is to bc provided at all been very rewarding Thus, whether you’re heading for private practice, gov- 1 am not here tonight to urge you to take up the cause ernment service, or an in-house position in business, I of death-row inmates I recount the Knapp and Girdler believe you will find your greatest professional fulfillment in cases as examples. I have found similar satisfaction from doing for others what they cannot do for themselves other, less dramatic pro bono projects, such as helping a Charles Dickens once wrote that “any Christian spirit work- poor mother of three to fend off an unscrupulous debt col- ing kindly in its little sphere . . . will find its mortal life too lector, assisting another woman in retaining her trailer short €or its vast means of usefulness” (Dickens, A home, and helping the Arizona state bar in closing down Christmas Carol, 5 1 (Washington Square Press, 1963) That some lawyers who were engaging in patently misleading truth applies as fully to the practice of law as it did to advertising What little pro bono work I have done has Scrooge’s counting house been enormously rewarding-more so than any other It is my hope that you will undertake your life in the aspect of my litigation practice law as Woodrow Wilson counseled, “with a view to the That is why I believe there is a connection between the amelioration of every undesirable condition that the law two developments 1 described at the beginning of my can reach, the removal of every obstacle to progress and remarks It is not a coincidence that dissatisfaction with fair dealing that the law can remove, the lightening of the profession is reaching its peak at a time when lawyers every burden the law can lift, and the righting of every must, by ethical requirement, be forced to spend even one wrong the law can rectify” (Wilson, The Lawyer and the hour per week helping those in need Lawyers who lament Community, 35 A.B.A.R. 419, 435 [1910]). If that is too to the hiational Law Journal that law is becoming more a tall an order, then I challenge you to accept the ABA’s goal business than a profession ought to remember these words of devoting 50 hours per year to helping others with your of Roscoe Pound: legal skills Such devotion will find for you much happi- ness in the law Historically, there are three ideas involved in a profession: organi- zation, learning, and a spirit of public service These are essential David G Campbell is a partnei in the Phoenix, Arizona, fcm of Meyer, The remaining idea, that of earning a livelihood, is incidental. Hendricks, Victor, Osborn, G Maladon He taught as a visiting assuciute [What Is a Profession? 19 Notre Dame Law 203, 204 (1944)l law professor during faEl I990 29 P RTAA Photography by John Snyder HEIDI K. HUBBARD in 1986, Hubbard had the same cuncern that many law students express: How can you con- ’MIATAING‘ FROM EAST TO WEST scientiously defend someone who has been accused of a crime? Since then she has discov- ered that it is the criminally accused “perhaps more than anybody else in the legal system” urofessor Heidi K Hubbard says she has that need an advocate, and a substantial por- had “the best of both worlds ” After a year tion of her Iitigation work is now devoted to “out West” as a J. Reuben Clark Law School white-collar criminal defense visiting professor, Hubbard is now returning Heidi says she started to care about helping to practice with litigation firm Williams & the criminally accused when she began to see Connolly in Washington, U C how criminal prosecution isolates individuals Though here only one year, Hubbard, They are perhaps the only people withuut an accustomed to the intensity of trial law, took advocate-“there’s nobody lobbying Congress up her responsibilities at the Law School on their behalf; there’s nobody saying nice without breaking pace Besides teaching torts things about them in the newspaper; there’s to first-year students and criminal trial prac- nobody on their side, Even if they are acquitted, tice to second- and third-year students, she or if charges are dropped, they may go through also worked on the Admissions and Awards months or even years of reports in the newspa- committees and served as an advisor to the per about the accusations They may lose their trial advocacy program In all her involve- jobs People may refuse to associate with them. ment, Hubbard found herself continually Their lives may be changed forever ” impressed by the high quality of students the Continuing her efforts, Heidi is currently Law School attracts Though she loved teach- researching Fifth Amendment rights against ing them, she says she would be reluctant to self-incrimination during sentencing. LTnder meet them in court the new federal sentencing guidelines, a crimi- One of Professor Hubbard’s primary con- nal defendant who has been found guilty of a cerns this year was encouraging her students crime can choose to receive a more lenient sen- to look at career opportunities that, although tence by “accepting responsibility ” ‘Accepting not necessarily high paying or mainstream, responsibility” is an umbrella phrase that often might be very rewarding She stresses that involves admission of guilt Hubbard is con- “there are so many people who need help, cerned that this could hurt appeals the defen- and there are a lot of opportunities-in what- dant might have pending or give rise to ever areas of interest the law students have- prosecution for other crimes “There is a lot at to give that help ” stake for the criminal defendant When you And she speaks from experience EIeidi are representing somebody who knows that his Hubbard devotes much of her practice to a liberty is at stake, there is an urgency about the group that has few advocates-the criminally case that just does not let you do anything but accused Corning out of Stanford Law School give it all you have.” ~~ - 30 For Hubbard, going to court is exhilarat- be found “h1iataing”-puttinR the top don.n ing IIcr only frustration teaching 5tudcnts on her little red hla/da hliata tor a sunny criminal trial practice was that it made her drive ,\ selt-declared opera fanatic, she enjoys \zant to be in court again, examining Lvitness- doing theater and opera neekends-t\vo plays es and giving opening statements “‘I’hercis a and an opera in the course of tnw days She ‘high’ that comes trom being in court that I also loi~sthe outdoors and has relished ha\c not tound duplicated in anv other area Utah’s bcaut?~this last year nhile hiking, run- of my life ” Ho\ve\w-, t leidi is quick to add ning. and skiing that it is not nearly as glamorous as show like Professor Huhharcl sa)s it itx ;I difficult “L ,\ La11 ” “If you arc going to give 3 great decision to go hack to practice after teaching opening statement, you will probably spend In her practice shc deals with sophisticated the lxrholc night thinking, \vorking, and nor- tort litigation like securities fraud or medical rting So you itill not tee1 very glamorous the malpractice and found getting back to basics nwt morning ” and the fiindamcntals of the la!\ refreshing ticicli’s pccrs might think she’s a itorka- She has also enju!’ed the chancc to research holic She can oftcn he Iounct in her officc any areas that intcrcst hcr-an opportunity I;itc at night \\'hilt in \2’ashington. I) C , she the clcriiaricls of practice scldom dloit iilso serid as lklicf Socicty prcsiclcnt ’1 col- iicicli hiis had ;I \t~onclcrl’iil icar in thc league there points out that it is a marL of her classroom 1 or her, there is a real c\citemcnt k i ncl ;i ncl c(rm passiona t c 1x1t Lire that , \i,i t h ;is that comes from teachin~--clif’l’ert.n t from little free time ;IS she has. she giies much of it that of going to court I hongh she \\ants to a\iq to people in her congrck1 ration teach again in thc luturc, for no\\. she Lccls ;I Lllthough she works hard, I’rotessor pull tward the fast-paccd litigation lifestyle, Heidi k t-lzthhunl Hubbard also has a fun-loving side In her “11 hich prohablj~ means I need psvchiatric “i\fiaiuing” irz her ter! moments of rest and relaxation shc might treatment,” she laughs ,11LIdLd ,.Ilirrtn 31 LYNN D. WARDLE and the law, one group ivhosc legal rights are often ignored The seminar will focus on the CONSCIENCE CALLS sophisticatcd legal issues that factor into cases involving children, but nil1 also discus5 the tairness of certain lans and changes Professor \Vardle feels must be made hlany of these (57n a rvay, Professor lynn 1) IVardlc is like changes steni from a paper he presented in many other lcgal profcssionals, delicately 1')'- 1991 at thc Sixth ii'orld Confcrcncc of the ing to halance the scales ot justice and nicrc! International Society on Family I ,a\$ (lSl:l,), nith decisions that arc hth legally sophisti- cntitled " I he F,volving Rights rind Ihtics ot cated and humane On the other hand, Lynn Stepparcnts: hlaking Ne\zr Rules for Nu\ faces the even tougher challengc of' a prcdis- I :am iI ies, " pu Id i sh cd t h is s~im ni er i n position for legal "hot spots," including f'ami- I+irenthood iu i\Iodimi Society I,~,nnD Uhrdle with his ly law, biomedical ethics in law, and abortion The article centers on the recent explosion it$e, Alariutt, rrttri sons law 1 hvdoes Professor \.t'ardlc manage to in the number of stepfamilies in the United !hid uizdJonnthan walk the fine line between sophistication and States According to Professor ihrdlc, some- sensitivity? For starters, he makes his hest time this decade stepfamilies will hecome the law-trained decision '1 hen he Leaves the rest primary ilrnericun family form, since the up to his conscience number of non-first-time marriages in the For example, this year Professor it'ardie LI S is steadily rising Lynn argues that this nd! teach an advanced seminar on children rise demands home changes in family law C LA R K hl E M 0 RAN D U M since currently the law treats stepparents and euthanasia, removal of feeding tubes, steriliza- biological parents very differently For tion, or dispensing “morning after” instance, if a second wife raises the children pills-which, according to the particular judge’s of her husband’s first marriage, even after 15 point of view, may or may not be abortion years if her husband dies or they divorce she Similarly, most conscience clauses protect only cannot gain custody of them in some states a limited class of health-care providers, often “The presumption,” says Professor Wardle, “is omitting some of the most vulnerable person- that she is a stranger to the relationship, nel like medical students and providing even though for 15 years she’s been there ” less protection for institutions Lynn’s article Stepfathers are also trcated differently than reviews conscience clause statutes and case law biological parcnts. For example, a stepfather’s and makes recommendations for positive duty to support his wife’s children ends with change, claiming that the time for revision is his divorce from their mother now “The Clinton administration is trying to Professor Wardle stays involved with the substantially increase federal involvement in practical dimensions of family law through his health care When conscience clauses are pro bono work, representing or consulting in already so inadequate, a new program could dozens of divorce, custody, paternity, child lead to greater pressures for coercion, discrimi- support, and adoption cases free of charge, or nation, firing, threatening, and harassment supervising student work in the same areas Something needs to be done ” In addition, Professor Wardle is a member Probably the most controversial topic in of the American Law Institute consultative Professor Wardle’s work is abortion As a mem- group drafting proposed guidelines on how ber of the Americans United for Life Board of American family law should develop To his Directors, Lynn provides pro bono advice to and others’ frustration, Professor Wade abortion-case lawyers and discusses abortion- reports the group’s work has been detrimen- law policy questions Recently he informally tally influenced by gay-rights activists and counseled Utah State lawyers about the 24- others with narrow or partisan political agen- hour waiting period of the informed consent das Among the suggestions the group has law that pro-choice organizations and abortion encountered are motions for homosexual clinics have challenged Lynn feels the con- partncrs of parents (but not heterosexual ccrns about the new law are mostly mercenary partners, stepparents, grandparents, or foster “When a similar law was passed in Mississjppi, parents) to also be considered “parents ” the number of abortions dropped by 50 per- Others have lobbied for spouses to receive up cent That cuts into business ’’ to half of their partner’s future income in the Besides doing extensive pro bono work in event of a divorce, regardless of their need, abortion law and family law, Professor Wardle sacrifice, or contribution finds time to serve many others, In his ward Biomedical ethics in law is another sensi- he works with the Young Men and Scouts tive but pressing issue for Professor Wardle In Last summer he taught a basic jurisdiction June he had an article published in thejournal class for the CLEO program at the University uf Legd Medicine reviewing all American con- of Wyoming The program helps students science clause statutes These laws protect the whose predictors of law school success are not right of health-care providers to rcfusc to par- very high but who are attractive for some ticipate in medical procedures to which they other reason Typically, says Wardle, these stu- have a moral or religious objection The dents “have something in their background debate over conscience clauses began after Roe that makes them appealing but don’t have the 17s Wade held that all states had to allow abor- grades or LSAT scores that the other appli- tion on demand. Since then, 44 states have cants have For instance, the student’s par- passed conscience clauses ents may have immigrated from Siberia when While conscience clauses seem like a great he was 14 Or the student might have been a idea, Professor Wardle finds that most of the single mother at age 16, raised a family, been a statutes are poorly drafted and provide little great community leader, and now want to go protection. For example, most conscience to law school, Or she might be a bIack student clauses identify only one procedure (usually who wants to come to BYU, where there abortion), saying that the health-care provider aren’t many blacks. These are people you want has the right to refuse to perform that opera- to provide opportunities for ” Besides helping tion, but none other The statutes don’t apply students, Lynn’s experience last summer to other controversial procedures such as apparently helped him sharpen his teaching 33 skills: last year he was voted Professor ot the and an art history instructor at RYU, have Year ly the tan, 5chnol’s hlinority 1.a~ tbco sons who are “growing up too quickly ” Students ilssociation ‘I’hc oldest ivill he a RJ‘LI freshman this fa11 Professor \Vardle’s tawrite teaching experi- Lynn enjoys being ph>rsicallv active, partici- ence. hmvever, in past years has been his semi- pating in jogging, racquethall, tennis. base- nar on the origins of the Constitution “I hall, or golf at least thrcc or four times a iteek think it’s the most exhilarating course I tcxh to help him ”sweat off‘ the frustrations oL (his] at thc IAH School,” says 1 ynn “The students job ’’ ,4 modest confession from one rvho hears get into sonic‘ of the most cnriching literature a burden of conscience calls keirirr] \ibrth rid in law and gain great enthusiasm for the sub- KEVIN J. WORTHEN .som Collin titid :im-otz ject It’s fun to see students ignite and come to life, especially after they’ve gotten a little ONE OF THE GANG bit worn out and cynical in a couple of years of law school It gives them hope. because when they read in the nenspapers and case- hooks about how e\wything goes ivrong Ivitfi choing ,lristotlc, Profussor tiel in J G ;I the law, how it can be misused, they need to \C’orthen believes that “man is IIV naturc see that there are people lvho faced cnormous political animal,” instincti\dJr \\ranting to odds and tremendous olxtacles but overcame belong to a group I’rofessor \i‘orthcn claims them to do something magnificent ” no exception to this human tendencjr For Lynn and hlarian, Lynn’s nife of 20 years him, “Ixing nith thc gang” nicans a range of C L A R K Al E A4 0 11 AN D U M activities, from attending a University Faculty Without a cohesive tribe, being a ‘Navajo’ or Athletics Committee meeting, to teaching a ‘Hopi’ or ‘Cherokee’ doesn’t mean much ” class on Indian law, to playing a pickup game Professor Worthen proposes that the law allow with his six-year-old basketball enthusiast some groups more governing authority after son He has a knack for making others feel evaluating the different capabilities of and like part of the group, too, using his cnthusi- dangers posed by each particular group, asm and people skills to foster a variety of instead of ruling on each case with the same projects. hard-and-fast rule Kevin’s recent North Kevin’s recent writings confront problems Carolina Law Review article, “One Small Step groups face today, “In America we’ve come to for Courts, One Giant Leap for Group Rights: rely to a great extent on individual rights,” he Accommodating the Associational Role of says, “thinking that society ought to be orga- ‘Intimate’ Government Entities,” shows how nized so individuals have maximum freedom such a functional approach is consistent with I think we’ve overlooked that individuals real- existing constitutional law and illustrates how ly need groups to teach them the way to use it could be used to enable inner-city school freedom-to teach that if you have hccdom districts and rural Indian tribes to better solve you must be responsible for it and use it in a their problems certain way In order to be effective in teach- Research is not the only area where ing these things, groups have to have protec- Professor Worthen works in behalf of groups, tion from outside interference.” Professor however; he’s also quite at home with stu- Worthen continues, “But as a society we are dents His contagious enthusiasm makes him either ignoring or attacking them Sooner or the natural choice for judicial clerkship coor- later group disintegration will cause individ- dinator, where he generates enthusiasm for ual freedom not to work either, because indi- clerkships and helps students through the vidual freedom requires inner restraint ” application processes, “You’re going to be a Many oppose more group power out of fisher all your life,” he tells them “Here’s fear of abusive groups like the Nazis and the your chance to see what the fish like” Ku Klux Nan While Kevin agrees that abuse Professor Worthen explains, “Lawyers are of power needs to be controlled, some groups going to be appearing before judges all their legitimateIy need more governing authority to lives When they clerk for a year they take part accomplish their useful purposcs Hc cites the in an invaluable mentoring process Judges example of an inner-city schooI that may want will say, ‘that argument was really good and to segregate boys and girls to provide a better here’s why,’ or, ‘that attorney was really bad environment for teaching children without and here’s why’ Students can’t get that kind much home structure about what it means to of insight anywhere else ” belong to a positive association, In the future Professor Worthen wants to Small cities, which account for 75 percent become more involved with another group: of cities within the United States, also act as Latin Americans. His future plans include value-teaching groups and require more free- taking a sabbatical to a South American uni- dom to govern than do larger communi ties versity sometime in the next few years and with more diverse populations, claims taking a more active role in the Law School’s Professor Worthen. He explains, “People VoIunteer Immigration Program As one of move into areas where they have similar val- only two Spanish-speaking faculty members, ues Even in cities like New York, Chicago, Kevin feels a desire to represent Latin rights and San Francisco, there are suburbs with more effectively. particular characteristics To allow a suburb When not promoting other group causes, to say it’s not going to have X-rated movie Kevin enjoys spending time with his wife, theatres doesn’t bother me much, because it Peggy, and their own small gang, children can decide that’s the kind of community it’s Collin (eight), Aaron (six), and Kaylee (one) going to be in order to teach values ” Indian Probably Kevin’s most demanding affiliation, tribes, which act as small communities, are in this band frequently requires him to jockey his even more need of group rights, claims Kevin. time between basketball, yardwork, soccer “We want Native Americans to be part of practice, family fishing, piano lessons, and mainstream society and have individual “who knows what else?” And though Kevin rights, so we say ‘let’s break up the tribe ’ In seems to enjoy his long list of associations, it’s reality, though, it’s the tribe that gives mean- little wonder that flexibility, he claims, is the ing to what it is to be Native American. nice thing about his job. __ 35 C L A l3 K kl EM 0 RAN D U M DEAN HANSEN CONTINUES and content of lectures Another concern of the Libraries are another CONSULTATION VISITS TO According to Hansen, mem- Russian, Byelarusian, conccrn for republic law EASTERN EUROPE bers of the republics wanted Kazikhstanian, and schools, their meager to know how American law Kyrakstanian deans is the libraries containing mostly Iwo ycars ago Dean H schools handle these issues balance of hours devoted to old communist dogma and Reese Hansen visited with Dean Hansen also dis- each topic. Under the state- doctrine Also, funding is a deans from 27 Yugoslav and cussed the various classes dictated curriculum, crimi- problem. “There are a few Polish law schools as a that are core to American nal law was taught a private law schools starting member of the Central and law education He says the required 155 hours, while up in Russia now, and they East European Legal Eastern European schools property law was only taught have problems funding, Initiativc (CEELI), an orga- “have not had to teach any- 25 hours Dean Hansen since the average salary in nization formed by the ABA thing on private property, says, “There was reason Russia is so meager The to help the process of legal commercial banking, insur- behind the imbalance under people have little discre- reform now underway in ance, medical malpractice, the old regimc Many law tionary moncy Just coming Central and East European securities, lending and bor- schools were essentially up with the necessities, yet countries Continuing the rowing, ctc They have a police academies, and there alone tuition, is extremely initiative, Hansen traveled vast area of new topics that was not much property law difficult ” And, since law to Moscow, Russia, this they are going to have to to be taught. The state faculty are nearly at the bot- summer to talk with deans plug into their curriculum owned the property-nd of tom of the economic chain, from Russia, Byelarus, In most caws the faculty discussion Now, with pri- faculty salaries arc a major Kazikhstan, and Kyrakstan will lcarn while the students vate property emerging, they problem However, Hansen about thc impact of legal learn ” need about 30 hours of feels that as the countries reforms on legal education CEELI also helps pro- criminal law and 150 hours begin to engage more readi- there vide East European law of property law.” Though the ly in free enterprise and Dean Hansen chaired schools with teaching mate- transition from criminal to national and international discussion on curriculum rials Dean Hansen reports property law is theorctically commerce, the need for development, one of four that historically Russian easy, it is practically very dif- highly qualified lawyers will topics republic deans had legal education has bcen ficult, says Hansen “The explode, and they will go to identified in a survey as lecture-based, the students teachers have been teaching the law schools to get them, most important to them coming without prepara- thosc 150 hours of criminal creating great salary compe- Other U S deans discussed tion “They just come and law for the last 30 years tition faculty development, fund- listen to thc lecture,” he Some are former old hard- The republics’ greatest ing, and libraries. says After the lecture the line communists and are not challenge, according to According to Dean students divide into smaller cheerfully going to give up Dean Hansen, is to main- Hansen, republic deans groups, called seminars, their curricular turf ” tain political stability wcrc interested in several where the teacher expounds In the future CEELI during the next few years aspects of Western law on the lecture and clarifies plans to bring the deans to ‘Transformation from com- school teaching that had points “They were a bit America for a few wccks, munism/socialism to demo- been moot points under the surprised to learn that in reports Dean Hansen Then cracy/free enterprise is a communist system For America law schools stu- CEELI will match daunting task The parlia- instance, they were con- dents come to class pre- American law schools with ments are working fast at it cerned about who designs pared, having read republic law schools (sister Communication between the curriculum and who has materials The inference of schools) for what CEELI the parliament and the citi- the authority to decide what their questions is ‘What is hopes will he open cxchangc zenry and between thc curriculum should be the professor for if the stu- and regular dialogue academy and the legal and taught Under the old com- dents have materials to read between faculty members business professions is ham- munist rule, curriculum and learn before they come Dean Hansen says, however, pered by paper shortages, was mandated by the to class?’ We explain that in that “the language barrier is inadequate telephone ser- Ministry of Education American legal education, a difficult hurdle, because, vices, and other communi- Now, some schools plan to students are expected to though they’re starting to cation problems. They are continue to follow the min- participate in the dialogue teach English in highcr also dealing with a huge istry’s former guidelines, that produces the learning education, it’s not wide- land mass. The uncertainty whilc others plan to ignore Students get a better educa- spread It’s going to take of the future interjects into them In the past the min- tion when they come pre- time, but they want to learn everything they do a kind of istry also placed controls pared to participate than English and they will; caution, ambivalence, or over many aspects of law when they come just to lis- they’re very bright and anxiety If they can hang on school, such as curriculum ten to a lecture ” ambitious people ” long enough to find some 36 t 1 \Iih \I1 \I 0 I: \ \ I) II \I THE VISIONARIES: BYU'S TWENTIETH LAW SCHOOL CLASS SEEKS EXCELLENCE, s ERV I CE school sigii,ils ionmentall\ in I)ro\ o anii tiaclition,il attortic\ $5I(JIC' IItah I tee1 ;I commitment iittcbr l;i\\ school, he Icc'ls to \\OI k to impro\e ni\ con- strongl\ that L1 IegLd cdtica- munit\ ancl to scc it rcali~ tion \\ill pru\ide him \\itti ita rc.niarl\aldc ~induniquc the tools he nccds to gi\-c p()t c'n t i 111, a pot c titi ii I t h at t Iic prxtica 1 c o m m LI n i ti our small \,ision und mcrcc- sen ice he has planned for nar\ motilcs too ottcn so long .hi. he reminds ,A tormcr .hcrican litera- reduce to mcrch potential himself. thcre's no real t tire cloctoral stndcnt from for profit " hurn to \\rite his carccr 11C I \. I ril, I>a\is stcpa Lril, s interest in local rlcxision in stone ' One into ;I tli t t c~retit 11 ()rlcI t h is and xtntt' issues stems I'rom good thing ahout I)eing in \c';I[ as he Ilc*coiiic.\ 'I mcm- his deep roots in the area LI\\ school jor three \c;irs is lwr ol the 1 in\ 5chool s I he son oI t\\o 13) II prolcs- thilt I ha\ c that long to class of 1990 \sl;cd it lie, sors, he relates. 'I 1cc.l libc I clcciclc \\hat I \\ant to Iw ct c'r consitlercd lm school ha\c ;I huge in\ cStmctit, \\ hen I gror! tip ' hetore this !car. Lrik laughs, both cultLiraIIy ;ind eiiio- "1 usctl to tell people that tionall\, in the lltuh and C 'liristirie t 01 e\ crytx~hconsiclcrs la\\ Utah \Ollc\ communities ' school in their darL 5omc of the projects that " It tentling liin school h:is momcnts, anti then 11 hen in tcrcs t F r i I, arc i m pro\ i n g twen iiiv dream since I \\:is ;I things hrightcn up the\, go land - rcsou rcc 11se and !,oung girl listening in a\\v Iiack to Lngiish " On thc restoring clo\\ntcn\ ti I'ro\o to an attome\ ~liscussthe sc3rious side. 1:riL tccls coil- ('orrcspondi ngl!, the lepl inany tlilfcrcnt t\ps ut \\ark ticlent that the, springtinic s 11 I)i ec t s tnos t capt i\ra t i n g he \\;Is callcd LIpon to do." "tit ot rcl~ellion"that tor him arc' state and local sins retired clain tarnicr- irispired him to apph to ILIH go\ crrimcnt, .\mc'rican t 11r ncd- t ru ck4 is pa t c hcr- [ I \Rh \II of la\\ ]'\re alna>s planned mv father's nishes and m!' to pursue " Ikcause of her amhition appear to tic 3 ex pe r i e n c'e d c tla t i n g i s s u es reachable goal '* on the legislati\~efloor, Ihvn describes her pur- ho\\e\rcr. C hristinc has suit c)f'cducation in thu reccntl!, Ixcome more United 5tates as "a hattle intrigued \\ ith litigation (1t pc r so n a 1 ele t c rm i n ;I t ion than bctorc a ga i n s t a rdu ( u s c i rc u m - tn\.ironmcntiil la\\ is an stanccs " .\ftcr t\\o scmes- aclditirrnd interest tor ters at KI'U, she married C:hristinc, onc her protiusi- and fol Io~vcclhe r h u slianci ncss hacl\grouncl tells her to kin Francisco tor his ill 11c crucial to Utah carc'cv- in the local (. hincsc Iiusincsa in thc coming media 5he did not antici- \ears pat c that her immigration \sLe1l \\hilt she see's s t ;I t LI s ;I n d fin a nc ia I d i tti - herself doing \\it11 her jriris cultics \\auld pre\ ent her cloctor;itc. (. hristinc smiles. i ro m en t eri rig a ti tii\ crs it\ I \ e Icarncrl not to dri\ c' lor tlic l(~Ilo~iingfour \c;trs C hristinc \\orhctl to pro\e ;in\ stah; those ;ire' thc 1s soon 11s she could, shc that shc could I)c ;I \.ital ones \ ~LIend up ha\ ing to enrolled ;it ian 1 rancisco turned-legislator C hristinc mcml)er ol' the hod\ I\ ho pull Ollt 50 I gllc'ss I II state LIni\ersit\. \\hilt 101 ':\]though thcw hii\c could and \\auld gct the iu4t \\;iit and sc~'I \\orking full-time and rais- lieen \'ears I\ hen Ian school ioh donc \\ inning re- i rig t hrcc \ ou ng c ti i Id rcn scerncd to he in ;I cornplcte- election in 1988. 1990, iincl 1\10 \ears lutcr hcr school- Iv different realm. the 1 992 and licing elected ing \\;IS again disrupted In &cam nucr faded *' House .\ssistant hIaiorit\ \\'hen Ihnn 1 i-hling tian scriou s prcgn;inc\ co nip1iw- C,h ris t inc undcrstiincl- \\'hip in 1990 ancl JIaiorit! Imardcd the plane for tions itith licr fourth chilcl dih claims she has ' paicl II \\'hip in 1992, C hristine \mcrica. her tathct rcmincl- Ittcr three senicsters' lot of tuition in the school seems to ha\ e morc than ccl her stcrnh, "lkmicmher. :ihscnuc, she returned to ot life ' \o\\ the mother mct her goal IOU arc to stud\ in the school last \cat as LI non- ot six children \\ith tour 1s a \ctcran 01 \aricii LInitecl Statcbs so \ou \\ill t)c' nati\ c spcaher ot hglish to teenage Chugliters slill at 1i fc elper ie nc cs , C' h r i st in c' ot greater use to socict\ complete a tiachelor's home. her post-high school relishes the thought of ;I 1i.n years later. L)a\\n no\\ degree in tnglish litcwture, academic career at Lltali diverse la\\ school class and hrcathcs nith a sigh of relief' State \\as cut short soon looks forn,ard to the bene- and mticipation, "1 am after it began when she fits she \\ill derive from her finall!, at the point wherc married her husband, associ;rtion with other I ,a\\ Alerrill, and settled into School students "I think life on a dairy farm Later, that's 11 hat makes a stu- in \\,hat licgan ;IS an effort dent Iiocl!. really rich, \I hen to cconomi/c tw hauling \ou hale ;I lot of difteront thcir o\\-n feed, C hristinc vic\\points and a lot ot and her husl)and cle\'eloped experience to clra\\ from I' II tull-tledgcd trucking In fact, she claims that so company operating in all far the highlight of her the \irestern llnitcd Statca educational career has been In 1987 tragedy struck hcr association tvith other Rlerrill was killed in it studcnts farming accident, forcing Continuing to serve in her to sell the dairy farm the legislature during her and trucking business to tenure at the Law School, return to school and to till Christine is especiall!, look- her hushand's scat in the ing foruard to gowrnmcn- Utah legislature Not con- tal and constitutional Ian, tent to be nierel\r a "token" *' \z,hich sou ncl s d read ful ,'I legislator, ho\vever, she jokes, "but it's the area (1 \Hh \II \I earning a place on the dmmentall!~ important that tial shoca "I \\ant to hc> in \torIcl is to hccomc ;I good dean's list require peoplc ivho arc lvill- a position to stimulate solu- mother so that her children. Da\r n's experiences \i.ith i ng to dcd icatc them st.lvcs tions," shc sa\s '*,A legal in turn, can become goocl litcraturc directly inhcnccci to \\dingfor thc common education \\ill cnablc mc to citircns. shc also \)ants to her present plan to pursue a good In m! opinion, the do that. tot a \Varicty ot I)e "cmpo\~crcdto change la\\ degree "LiterLiture faniih is the most important \iorth\thilc C~U~CS' ii hat can he changed " moles me \\ith the \ast commodity 1 am liopctul \\as Imrn in Furthermorc, she 1ielic.i cs dimension of human clpcri- that lait school \\ill pro\itle I'hailand. has lii ecl in "there is a great need for cnCcs it encompasses; it also me \zit11 the skills I need to Jamaica, and has Ira\ eleel i\omcn and mothcrs iiith en 11 an c cs m Y u n dcr s t a n d i n g make the la\\ sene the fiinii- throughout I urope, his, the I;no\\ ledge, desire, ~ind ot' people and socict\ hI\ Iv lwttcr ' and ;icross ttic Unitccl ccrt i li ca t io n to ti 11 1 cadcr- emotional and intellect ud Statvs uith her famil) ,\ ship positions in the coni- experiences it hi n t he recent RYLl graduate in rnuniti iind in the \\orld " rcalm of' litcratiirc ha\c led Lnglisli, she spent :I setncs- Perhaps it is no coincidence me to rcali/e that nil amhi- \mi' \\hltlron has a rich tcr stud[-ing in I onclori and that \in\ s heritage of ser- tion lor a higher education hcr i t age- no t 11 her i t age (1t tt a\eIing throughout thc 1 icc Ixings her to an is to q>pl\ ii hat I ha\c idcsprcxl recognition, hut Ll ti i t cd hi 11gdc in ;i tid ;inni\crs;ir\ class honoi irig Icarncd to hcdping societ! ' ;I qiiict hcritagc. of ' c\ er\cki\ I- uropc I hroughorit her it\ o\\ 11 pionccring root3 Ihiti's specific go;iIs for citi/cns ' \\ iclcling c\traorcli- 1 at iccl \\orld c\pcrictices, 'helping socicti ;ire to help niin i n 11 uctic c' I i)gc t h c r, \ni\ tias lotincl the chal- i rn ni igr ants I i Lc tic1 \c lf set t Ic \tii\ s motlicr atlcl grii11cl- lenges ot hiI\ life consis- into h,ipp\. succcsstul li\cs in mot her hi\ e Ix~nin\ oh ell t c 11 I I\ s i 171 i la r: ' \ t [ )ci nd t he Like his \\itc, \in\, l'iiul \nicrica and to help pro\ iclc in the local politics ot thclir \\orld. people ;ire tr\ing to \\iddron \\ants to scrlc the ;I supporti\c en\ ironmcnt tor con1ni u n i t\ -the etiucat ion- fcrmilies in "this county of a1 ci~minunit\.that is hope " \ first-gcneration Ihred In less-than-ctial- imniigrxit li\ ing in cthnicul- I engi ng c'ii rric ti It1 ni t h rough I\ cli\ crsc hi1-rancisco and ni~ichof his xaclemic \\ilc to ;I \.ctcraii iournalist. c;irec'r, 1';iul \\ants to cttcct I)ii\in i\ hcc.nl\ iniiiiv of thc 11 IiLite\ C'I chmges he c'in to cultural contiision and iclcw- ciisurc that his c lii Idrcn. tit \ p ed ic ;I tiicnt nic )st i m m i - and all childrcn. get the. grants conlront "I \\ant to niost cri r ic h i n g ccl u c at ic ti be pait of the process that possililc* I Ic ~IIS~J\\iints to steers to\\ arc1 self-rcliance, he equipped to address tlic securit!. and strength ~incl legal issues of the modern respect lor funiilics." she s;i\'s c1;issroom. \\.here teachers ot her in'o goals "I hope I ;I n cl 3 cl m i n is t rat o rs ()tt c ti can do much to help soliditi leaic out amthing that nu\ families in this countn I otlcncl ;I particular interest ha\ e heen helped t)\ man\ group to a\oicl a l;i\\suit people, and I lccl that it I ;in1 I or these reasonh, 1';iriI capable I should contril)ute Iqitis this fall the Ion): hit to hclping others, cspeci;iIh interesting journc\ to earn- minorities In San I rancisco hometo\\ n ot C oncorcl. ing Iioth ;I JD ancl I'hI) or ;i lo 11c, i m 111 igra 11 t s h :i\~ C alifornia, tor o\w 40 \ears I- dI> man\ prohlcrns " [+om her grandmother s utidcrstuncl the world 1 hough I?iul spent his ho iicnoomcr to the efforts in the IWOs to influ- enough to survi\~ To undcrgraduate iurs at 131 U 4mcrican ccononiy, Lh\\ n is ence representation changes ensure that understanding in ,lmerican studies and \\,ell atare of the poor pa\ in her gro\zsing citj to her for eiwyonc requires kno\r+ philosoph!, he claims it \\.as fa m i 1j.-bawd i ni m i gra t ion mother's !cars of 1 oluntecr edge, jntegrit\: ancl 3 Ilill- here that hc. de\*elopedhis ianyrs t\rpicallv rccei\re cf'lort to combat the effects ingncss to senre To me, great intercst, no\\- almost Hone\ er, she sa!rs firmly. *'In of drug and alcohol abuse, that signals the need for la\\ passion, tor learning ho\\ aociet! toda!. most things L\in! has s~enthe value of training '' people Icarn Iiilking nith are gcurccl to ho\\ much ;icti\e concern firsthand 1 .\lttiough ,\niv feels the protcssors he has become monw !wu make Rut there gciicration later, .Iny seeks most re\\ a rd i n g con t ri tiu- \\.ell \wscd in Imh the edu- are still things that are fun- to fill hcr forebears' influen- tion she can make to the cational histon of different ( I \ I: I\ \I t "\I ...... BYU LAW GRAD TO CLERK FOR U S SUPREME COURT CHI EF J USTlCE CLARK MEMORANDUM RECEIVES KUDOS FROM CASE SPRING 1992 FALL 1993