PRESIDENT’S PAGE
Border No Bar to Justice
Going into my 50th year as an active full-time practicing lawyer,
recent events have brought back memories of the tumultuous year of
1968—with its news of the Vietnam War, assassinations, violent protests,
and overall political upheaval within our democracy.
I’m comforted now, as I was back then, by my belief that our republic
will survive because of the rule of law.
Within 90 minutes of Texas Supreme Court Justice Eva Guzman swearing
me in as the new State Bar president on June 22, I personally
experienced how lawyers are uniquely equipped to address the problems
vexing our nation—which now include the separation of asylum-seeking
families at our southern border. In the weeks since then, lawyers have
been instrumental in ensuring that children and parents are reunited and
that legal rights are protected through due process of law.
Recently, the federal government reported it had delivered 1,442
children to parents detained in immigration custody and was expected to
soon reunite all “eligible” families. According to the Washington
Post, more than 700 children currently remain in government
shelters—many because their parents are no longer in the United States.
As lawyers, we can argue over who’s to blame or what should happen
next. Those debates are necessary, but I want to refocus our attention
on what makes us great, rather than what makes us common.
Our republic was conceived as one of laws, not men. Inspired by the
Magna Carta’s proclamation that no man should be deprived of life or
property “except by the lawful judgment of his peers or by the law of
the land,” Americans have united for centuries in the belief that
everyone is entitled to due process under the law.
Retired U.S. Supreme Court Justice Anthony Kennedy once defined the
rule of law as “a law that promotes freedom, that promotes justice, that
promotes equality.”
Recently, some members of our bar have asked me why the State Bar of
Texas is involved in the issue of family separations. They deserve a
clear answer.
As a unified bar, the State Bar of Texas is not taking a political
position on immigration policy. That’s for Congress and the president to
decide. Neither is the State Bar taking sides in these asylum cases or
expressing an opinion on how the federal government administers
immigration law. Those are issues for our courts to resolve.
Instead, the State Bar is involved because this issue goes to the
heart of two of its core purposes—“to aid the courts in carrying on and
improving the administration of justice” and to “advance the quality of
legal services to the public.”1 By connecting attorneys
interested in helping with volunteer and donation opportunities, the
State Bar is fulfilling these purposes.
Above: State Bar President Joe K. Longley with ProBAR Director Kimi
Jackson on June 27 in Harlingen. Photo by Lowell Brown.
At my own expense, I personally visited the border on June
26-27 to meet with various groups and people helping coordinate
volunteer lawyer participation. These included the South Texas Pro Bono
Asylum Representation Project, or ProBAR; Kids in Need of Defense; Texas
Civil Rights Project; Texas RioGrande Legal Aid; and 2017-2018 American
Bar Association President Hilarie Bass. I was impressed with their
efforts and their steadfast commitment to access to justice.
Upon returning to Austin, I met with State Bar staff, including
Executive Director Trey Apffel, and immediately issued a “Message from
the President” to all members. The message invited lawyers to visit the
State Bar website, texasbar.com/volunteer,
for opportunities to volunteer with, or give money to, the organizations
working to reunite children with their parents.
The greatest need at the border, then and now, is Spanish-speaking
attorneys with experience in immigration law. Other national and state
bar associations issued similar calls to action, and the response was
overwhelming. Although the initial situation shows signs of easing, cash
donations and skilled volunteer lawyers are still needed. The State Bar
will continue to update its volunteer webpage as new resources and
information develops.
Meanwhile, the ideals of due process of law and access to justice will
continue to be my focus as State Bar president. Let us not forget that
the rule of law is the true north guiding our profession.
Your questions and comments are always welcome—and I look forward to
hearing from you.
Joe K. Longley
President, State Bar of Texas
