Speeches by Chesterfield - Vol. XXV, 378-398. 1998-1999

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XXV

CHESTERFIELD SMITH
DAVID W. DYER FEDERAL
COURTHOUSE DEDICATION
JANUARY 29, 1998
OLD FEDERAL COURTHOUSE
MIAMI, FLORIDA
FIVE MINUTES

CHESTERFIELD SMITH
RAY EHRLICH'S 80TH
BIRTHDAY
RIVER CLUB
JACKSONVILLE, FL
FEBRUARY 2, 1998
FIVE MINUTES

CHESTERFIELD SMITH
THE TIGER BAY CLUB
ST. PETERSBRUG, FLORIDA
MARCH 26, 1998
TWENTY MINUTES

CHESTERFIELD SMITH
TALLAHASSEE ROTARY CLUB
LEON COUNTY CIVIC CENTER
TALLAHASSEE, FLORIDA
MAY 14, 1997
TWENTY MINUTES

CHESTESEIELD::SMITH: :.
CEREMONIAL SESSION OF THE SUPREME
COURT OF FLORIDA FOR THE JUSTICE
STEPHEN H. GRIMES ORAL HISTORY
PROGRAM
SECOND DISTRICT COURT OF APPEAL
LAKELAND, FLORIDA
APRIL 24, 1998
SEVEN MINUTES

CHESTERFIELD SMITH
ABA ANNUAL MEETING
1998 PRAYER BREAKFAST
AUGUST 2, 1998
TORONTO, CANADA
THREE MINUTES

CHESTERFIELD SMITH
UNIVERSITY OF MIAMI SCHOOL OF LAW
AMERICAN JUSTICE SERIES
UNIVERSITY OF MIAMI
CORAL GABLES, FLORIDA
SEPTEMBER 8, 1998
FOUR MINUTES

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CHESTERFIELD SMITH
JUDGE C. CLYDE ATKINS
TRIBUTE DINNER
BILTMORE HOTEL
CORAL GABLES, FLORIDA
OCTOBER 1, 1998
FIVE MINUTES
CHESTERFIELD SMITH
ST. PETERSBURG BAR ASSOCIATION
YOUNG LAWYERS SECTION
ST. PETERSBURG YACHT CLUB
ST. PETERSBURG FLORIDA
NOVEMBER 6, 1998
TWENTY MINUTES

CHESTERFIELD SMITH
UNIVERSITY OF MIAMI RETIREES
UNIVERSITY OF MIAMI
FACULTY CLUB
NOVEMBER 11, 1998
TWENTY-FIVE MINUTES

CHESTERFIELD SMITH
LEGAL AID FOUNDATION OF THE
TALLAHASSE BAR
30TH ANNIVERSARY DINNER
UNIVERSITY CENTER CLUB
FLORIDA STATE UNIVERSITY
TALLAHASSEE, FLORIDA
NOVEMBER 12, 1998
TWELVE MINUTES

CHESTERFIELD SMITH
MIAMI LIGHTHOUSE FOR THE BLIND
DEDICATION CEREMONY
MIAMI LIGHTHOUSE FOR THE BLIND
MIAMI, FLORIDA
NOVEMBER 14, 1998
TEN MINUTES

CHESTERFIELD SMITH
BOSTON MERGER GROUP:
SHERBURNE POWERS AND NEEDHAM
HOLLAND & KNGIHT LLP
BOSTON, MASSACHUSETTS
DECEMBER 1, 1998
TWENTY-FIVE MINUTES

CHESTERFIELD SMITH
TRIBUTE TO CONGRESSMAN
DANTE FASCELL
GUZMAN CONCERT HALL
UNIVERSITY OF MIAMI
JANUARY 22, 1999
FIVE MINUTES

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CHESTERFIELD SMITH
ALL-LAWYERS MEETING "1999
CHESTERFIELD SMITH AWARD" TO
BILL MCBRIDE
ORLANDO, FLORIDA
FRIDAY, AUGUST 27, 1999
TEN MINUTES

XXV

CHESTERFIELD SMITH
EXTEMPORANEOUS COMMENTARY
H&K ALL PARTNERS MEETING
MARRIOTT SAWGRASS RESORT
PONTRE VEDRA, FLORIDA
FRIDAY, FEBRUARY 19, 1999
FIFTEEN MINUTES

CHESTERFIELD SMITH
INVESTITURE OF ANDREA SIMONTON
AS A FEDERAL MAGISTRATE JUDGE
MIAMI, FLORIDA
APRIL 16, 1999
THREE MINUTES

CHESTERFIELD.SMITH
TRIBUTE TO SAM SMITH
DADE COUNTY BAR ASSOCIATION
HYATT REGENCY HOTEL
MIAMI, FLORIDA
APRIL 19, 1999
THREE MINUTES

CHESTERFIELD SMITH
CHIEF JUDGE JOSEPH W. HATCHETT
RETIREMENT CEREMONIES
FLORIDA HISTORY MUSEUM
TALLAHASSEE, FLORIDA
FRIDAY, MAY 21, 1999
FIVE MINUTES

CHESTERFIELD SMITH
JUSTICE BENJAMIN F. OVERTON
ORAL HISTORY PROGRAM
COURTHOUSE
CLEARWATER, FLORIDA
MAY 28, 1999
EIGHT MINUTES

CHESTERFIELD SMITH
CELEBRATION OF THE 50TH ANNIVERSARY
OF THE FLORIDA BAR
ROYAL PALM BALLROOM
BOCA RATON RESORT & CLUB
FRIDAY, JUNE 25, 1999
NINE MINUTES

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SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 378

REMARKS OF:

BEFORE:

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PLACE:

CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA

DAVID W. DYER FEDERAL

COURTHOUSE DEDICATION

JANUARY 29, 1998

11 A.M.

OLD FEDERAL COURTHOUSE

MIAMI, FLORIDA

DURATION:

5 MINUTES

I HAVE LONG BELIEVED THAT THE IDEAL

JUDGE IS A COMBINATION OF CRAFTSMANSHIP -

WISDOM PHILOSOPHICAL VISION AND THE

EXPERIENCE OF LIFE IN THIS STATE AND COUNTRY

THAT BRINGS SOCIAL UNDERSTANDING.

IT IS MY

PERSONAL OPINION THAT NEVER HAS FLORIDA HAD

A JUDGE WHO MORE HAD THE TEMPERAMENT -

CHARACTER AND INNATE ABILITY TO MEET SUCH

IDEALS AS JUDGE DAVID W. DYER THE

MAGNIFICENT MAN WE HONOR TODAY.

BY EVEN THE HIGHEST POSSIBLE CRITERIA,

JUDGE DAVID DYER NOW IS AND LONG HAS BEEN

- A TRULY GREAT JUDGE.

WHILE ON THE FEDERAL

BENCH HE EPITOMIZED BY JUDICIAL CONDUCT

ONLY THAT WHICH IS GOOD AND RIGHT.

WHEN I

THINK BACK TO HIS DAYS ON THE OLD FIFTH

CIRCUIT WHEN THAT COURT FOUGHT TO

IMPLEMENT THE CONSTITUTIONAL IDEAL OF EQUAL

JUSTICE UNDER THE LAW I AM REMINDED OF

JUDGE DYER'S EXTRAORDINARY COURAGE AND

SACRIFICE.

BY HIS DEDICATION EXPERIENCE -

APTITUDE DILIGENT LABOR AND THE VERY

NATURE OF HIS BEING JUDGE DYER HAS SERVED

IN SUCH A WAY THAT I CAN CONFIDENTLY STATE

THAT HE HAS JOINED THE MOST MAGNIFICENT OF

THE JUDGES WHO OVER THE YEARS HAVE

GRACED THE FEDERAL BENCH.

ALWAYS HE HAS

APPROACHED THE LAW WITH ENTHUSIASM -

COMMITMENT AND AN UNPARALLELED AND

CONTINUOUS QUEST FOR EXCELLENCE.

IT CAN

HONESTLY BE SAID THAT DAVID DYER HAS GIVEN

OUR STATE AND NATION MORE THAN HE HAS EVER

ASKED OR RECEIVED.

AS IS SEE HIM DAVID DYER IS A GREAT

AND TOWERING JUDGE A GENTLE GIANT IF YOU

WILL. HE IS A WISE WARM AND GRACIOUS

MAN. HE IS ONE OF THE GREAT JUDGES I HAVE

KNOWN A GREAT PERSON AND A GOOD FRIEND.

THROUGHOUT HIS MANY YEARS OF ILLUSTRIOUS

JUDICIAL SERVICE HE WAS A SUPERB UNITED

STATES DISTRICT JUDGE AND AN EVEN MORE

ARRESTING UNITED STATES CIRCUIT JUDGE IN THE

FIFTH AND ELEVENTH CIRCUITS.

IT IS RARE INDEED FOR ANY ONE PERSON

TO COMBINE THE JUDICIAL SKILLS AND HUMAN

VIRTUES WITH WHICH JUDGE DYER IS ENDOWED.

I BELIEVE THAT EVEN TO THIS DAY DAVID DYER

CONTINUES TO BELIEVE THAT RIGHT GOODNESS -

AND JUSTICE ULTIMATELY WILL PREVAIL.

THE

HONORABLE DAVID W. DYER IS JUST THAT QUITE

AN HONORABLE MAN.

I CAN THINK OF NO BETTER WAY TO

RECOGNIZE JUDGE DYER'S DEVOTION AND

CONTRIBUTIONS TO THIS COMMUNITY THAN THE

NAMING OF THIS HISTORIC BUILDING IN HIS HONOR

- AND THAT WE DO TODAY.

LAWYER AND A FLORIDA CITIZEN I AM

PERSONALLY PLEASED TO PARTICIPATE IN THIS

CEREMONY BECAUSE AS YOU MUST NOW KNOW -

I LIKE JUDGE DAVID DYER VERY MUCH INDEED.

THANK

YOU.

MIA4-583994

AS A FLORIDA

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 379

CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA

BEFORE:

RAY EHRLICH'S 80TH BIRTHDAY

DATE:

FEBRUARY 2, 1998

5:30 P.M.

PLACE:

RIVER CLUB

JACKSONVILLE, FLORIDA

DURATION:

REMARKS OF:

5 MINUTES

IT GIVES ME GREAT PLEASURE TO

PARTICIPATE IN THIS BIRTHDAY "BOW TIE" AFFAIR

IN HONOR OF MY COLLEAGUE JUSTICE RAY

EHRLICH.

RAY IS MY LAW PARTNER MY

CONFIDANTE AND MOST IMPORTANTLY MY

CLOSE CLOSE FRIEND.

WHEN YOU HAVE KNOWN SOMEONE AS

LONG AS I HAVE KNOWN RAY AND WHEN YOU

HAVE LIKED AND ADMIRED SOMEONE AS LONG AS I

HAVE LIKED AND ADMIRED RAY IT IS ALMOST

IMPOSSIBLE TO TALK "BRIEFLY" ABOUT SUCH A

DEAR PERSONAL FRIEND.

BUT I WILL TRY!

OF COURSE I HAVE KNOWN RAY FOR

WHAT SEEMS LIKE FOREVER.

RAY IS DELIGHTFUL -

A REALLY GOOD LAWYER WITH A WIDE RANGE OF

HE HAS ALWAYS BEEN SOMETHING

INTERESTS.

OF A LOCAL LEGEND FIRST AT THE UNIVERSITY

OF FLORIDA SECOND IN HIS PROFESSIONAL

PRACTICE AND THIRD AS A FLORIDA SUPREME

COURT JUSTICE.

HE WAS AND IS KNOWN AS

SOMETHING OF A WORKAHOLIC BUT THEN MOST

GREAT LAWYERS ARE.

IN THE MIDST OF THIS FUN AND LIGHT

CELEBRATION I THINK IT IS APPROPRIATE TO AT

LEAST RECOGNIZE RAY'S GREAT AND IMPORTANT

ACCOMPLISHMENTS.

FOR MANY YEARS RAY

ENJOYED A SUCCESSFUL TRIAL PRACTICE LARGELY

REPRESENTING INSURANCE COMPANIES IN TORT

LITIGATION BUT DOING OTHER THINGS AS WELL.

HE ALSO WAS A FINE JUSTICE ON THE FLORIDA

SUPREME COURT FROM 1981 TO 1991 AND AN

EVEN FINER CHIEF JUSTICE FROM 1988 TO 1990.

THEN HE RETIRED AS A JUDGE AND IS NOW DOING

GREAT WORK AND LOTS OF IT WITH HOLLAND

AND KNIGHT IN THE JACKSONVILLE OFFICE.

HE IS

A GEM AND HOLLAND AND KNIGHT IS LUCKY TO

HAVE HIM.

I COULD GO ON BUT I WON'T.

YOU ALL

ARE HERE BECAUSE YOU KNOW RAY AND LOVE

AND ADMIRE HIM AND YOU KNOW THAT I DO

TOO. RAY WELCOME TO THE EIGHTY AND OVER

CLUB!

IT IS A FINE GROUP OF FINE PEOPLE IF I

DO SAY SO MYSELF!

HAPPY BIRTHDAY MY FRIEND.

MIA4-585013

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 380

REMARKS OF:

CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA

BEFORE:

TIGER BAY CLUB

DATE:

PLACE:

MARCH 26, 1998

12:00 NOON

ST. PETERSBURG, FLORIDA

TWENTY MINUTES

00S

DURATION:

NO ACTIVITY IN MY LIFE WAS MORE PROFESSIONALLY PLEASING TO ME

THAN MY SERVICE -- TWENTY-FIVE YEARS AGO -- AS PRESIDENT OF THE

AMERICAN BAR ASSOCIATION. I WAS ABLE TO SPEAK OUT ON IMPORTANT

ISSUES LIKE THE PARDON OF DRAFT EVADERS IN THE VIETNAM WAR THEN

LIVING IN CANADA -- AND OF FORMER PRESIDENT NIXON BY PRESIDENT

FORD. CERTAINLY -- THROUGH ME -- THE ABA TOO WAS ACTIVELY

INVOLVED IN THE WATERGATE ARENA -- A NATIONAL CRISIS WHICH AS OF

NOW IS THE SEMINAL EVENT IN MY FIFTY YEARS AS A LAWYER. THE ABA

POSITION WAS THAT ONLY A PROSECUTOR -- COMPLETELY INDEPENDENT OF

THE APPEARANCE OF PARTISAN INFLUENCES -- COULD SATISFACTORILY

RESOLVE -- IN THE MINDS OF THE PEOPLE -- THE LEGALITY OR

ILLEGALITY OF THOSE PRESIDENTIAL ACTIVITIES WHICH WERE TO BE

INVESTIGATED -- THAT EVEN THE PRESIDENT WAS NOT ABOVE THE LAW AND

THAT THE CONGRESS MUST NOT -- AND COULD NOT -- IGNORE THE

SATURDAY NIGHT MASSACRE. THE ABA STRONGLY URGED CREATION OF AN

INDEPENDENT FEDERAL PROSECUTOR PROCESS.

EVENTUALLY -- THE ETHICS IN GOVERNMENT ACT WAS ENACTED IN

1978 -- PRIMARILY TO PRESERVE AND PROMOTE THE ACCOUNTABILITY OF

THE PRESIDENT. AS A RESULT -- WE HAVE EVER SINCE HAD AN

INDEPENDENT COUNSEL WITH EXTREMELY BROAD DISCRETION -- INORDINATE

AUTHORITY -- AND AN UNLIMITED BUDGET.

WATERGATE OF COURSE INVOLVED ALLEGATIONS NOT ONLY OF

MISCONDUCT BY OFFICIALS AT THE HIGHEST LEVELS OF THE EXECUTIVE

BRANCH -- BUT ALSO OF THE ATTEMPTED PERVERSION OF THE CRIMINAL

JUSTICE PROCESS BY PRESIDENT NIXON HIMSELF. IN THE FIRESTORM OF

PROTEST WHICH FOLLOWED THE SATURDAY NIGHT MASSACRE -- THE PUBLIC

DEMANDED THAT A NEUTRAL INVESTIGATIVE BODY BE CREATED TO ADDRESS

THE INHERENT CONFLICT OF INTEREST INVOLVED IN THE EXECUTIVE BRANCH

INVESTIGATING ITSELF. SUCH INVESTIGATIONS WERE THUS REMOVED FROM

THEIR TRADITIONAL HOME IN THE DEPARTMENT OF JUSTICE.

INSOFAR AS THAT LAW TODAY IMPACTS DIRECTLY UPON THE PRESIDENT

AS AN INDIVIDUAL -- I AM NOW -- TWENTY YEARS LATER --

CONVINCED THAT THE ABA AND I WERE BOTH THEN WRONG. WHY MY

CHANGE? DESPITE THE LAW'S GOOD INTENTIONS THEN -- IT HAS NOW

RESULTED IN CERTAIN UNANTICIPATED CONSEQUENCES -- A PROSECUTOR

WITH UNLIMITED RESOURCES -- ENDLESS TIME -- AND NO EFFECTIVE

ACCOUNTABILITY -- SITTING OVER THE PRESIDENT -- YEAR AFTER YEAR

-- INVADING THE PRESIDENT'S PRIVACY -- TIME AND AGAIN -- AND

-- PERHAPS UNAVOIDABLY -- SUBSTANTIALLY INTERFERING WITH THE

PRESIDENT'S SERVICE.

THERE ARE -- AS THERE SHOULD BE -- IMPORTANT DIFFERENCES

BETWEEN AN ORDINARY PROSECUTOR AND THE INDEPENDENT PROSECUTOR.

IN THE ORDINARY PROSECUTOR'S OFFICE -- THE CONDUCT OF

INVESTIGATIONS ARE FORGED BY TRADITIONAL PRACTICE AND INTERNAL

RULE. THE INDEPENDENT PROSECUTOR -- HOWEVER -- HAS BUT ONE

TASK AND NO -- OR FEW -- GUIDELINES. ORDINARY PROSECUTORS

HAVE ONLY LIMITED FUNDS FOR A LARGE NUMBER OF INDIVIDUAL

INVESTIGATIONS -- BUT THE INDEPENDENT PROSECUTOR HAS UNLIMITED

RESOURCES FOR A NARROW INVESTIGATION -- THE INVESTIGATION OF ONLY

ONE INDIVIDUAL. THESE DIFFERENCES ARE MOST SIGNIFICANT BECAUSE

THEY CREATE AN INCENTIVE FOR ZEALOTRY.

IN COMMON PROSECUTORIAL METHODS USED IN AN INVESTIGATION WHERE

THE INDIVIDUAL TARGET IS PRE-SELECTED -- THE PROSECUTOR IS LEFT

TO FIGURE OUT WHAT -- IF ANYTHING -- THAT TARGET DID WRONG --

BUT THE PROSECUTOR GENERALLY KNOWS IN ADVANCE THE SPECIFIC CRIME TO

BE INVESTIGATED. AN INVESTIGATION OF THE PRESIDENT BY THE

INDEPENDENT PROSECUTOR IS DIFFERENT. ANY WRONG -- LARGE OR

SMALL -- WILL DO -- AND THE PRESSURE TO FIND CRIMINAL

MISCONDUCT OF SOME KIND IS VERY GREAT. THE INDEPENDENT

PROSECUTOR ACTS WITH VIRTUAL AUTONOMY AND A MUCH WIDER NET.

EXPERIENCE HAS SHOWN THAT SUCH FISHING EXPEDITIONS SOMETIMES

ENSNARE CASUAL BYSTANDERS -- OFTEN MANY OF THEM.

KENNETH STARR'S CONDUCT IN THE ONGOING CLINTON INVESTIGATION

SEEMS TO BE WITHIN THE BOUNDS OF COMMON PROSECUTORIAL PRACTICE --

BUT THAT DOES NOT ANSWER QUESTIONS ON THE PROPRIETY OF HIS CONDUCT

TO DATE. THE QUESTION IS NOT WHAT HE CAN DO -- BUT RATHER WHAT

HE SHOULD DO. FORCING A WOMAN TO TESTIFY BEFORE A GRAND JURY

REGARDING PRIVATE CONVERSATIONS WITH HER DAUGHTER MAY BE LEGAL --

BUT PROFESSIONAL PROSECUTORS GENERALLY WOULD NOT USE THE PRACTICE

ON WHAT I PERCEIVE TO BE A VERY STRAINED THEORY OF RELEVANCE. IT

IS NOT PER SE IMPROPER TO FORCE A SECRET SERVICE AGENT TO REVEAL

WHAT HE SAW PROTECTING THE LIFE OF THE PRESIDENT -- BUT WE AS

CITIZENS -- WANT -- OR SHOULD WANT -- THE PRESIDENT ALWAYS TO

BE PROTECTED IN HIS PERSONAL PRIVACY.

AS YOU MUST BY NOW UNDERSTAND -- THE INVESTIGATION OF

PRESIDENT CLINTON BY INDEPENDENT PROSECUTOR KENNETH STARR IS

DIFFICULT FOR ME. I LIKE TO THINK THAT I AM FAIR AND NEUTRAL --

BUT IN ALL HONESTY -- I AM NOT SURE HERE. I DID VOTE FOR

PRESIDENT CLINTON TWICE. AS PRESIDENT -- HE GENERALLY PLEASES

ME IN FISCAL AND BUDGETARY AREAS -- HE ALSO WORKS WELL WITH HIS

PARTISAN POLITICAL OPPOSITION. AT THE SAME TIME -- I ALSO

BELIEVE THAT HE IS FAR TOO HOT TO TROT WITH WOMEN NOT HIS WIFE.

I ALSO SOMEWHAT BELIEVE THAT THE VARIOUS WOMEN INVOLVED WHO HAVE

MADE ALLEGATIONS ARE TELLING THE TRUTH -- ALTHOUGH I CONTINUE TO

QUESTION THEIR MOTIVES. TOO -- I LIKE HILLARY CLINTON -- I

RESPECT HER AS A LAWYER -- EVEN THOUGH I DO NOT UNDERSTAND HER

SEEMING CONTINUING AND INTENSE PERSONAL AFFECTION FOR HER HUSBAND.

AM I PARTISAN -- AS SOME SAY? MAYBE -- BUT I DON'T

PERSONALLY THINK SO. MAYBE I AM ONLY MORE CONFUSED -- BUT I

NEVERTHELESS FEEL COMFORTABLE WITH MY POSITION. AS A SMALL TOWN

SOUTHERNER -- I MAY ONLY HAVE A DOUBLE STANDARD -- WHEN I

SHOULD SUPPORT A SINGLE ONE. MOST OF MY GROWING-UP FRIENDS --

PEOPLE THAT I KNEW WELL -- BELIEVED THAT UNDER THAT SINGLE

STANDARD -- PRIVATE SEXUAL BEHAVIOR SHOULD BE KEPT PRIVATE.

PEOPLE IN ARKANSAS -- INSOFAR AS GOVERNOR BILL CLINTON WAS

CONCERNED -- SEEMED TO HAVE BELIEVED IN THAT SAME SINGLE

STANDARD. IN PRIVATE SEXUAL BEHAVIOR -- UNDER THAT SINGLE

STANDARD -- A NEGATIVE RESPONSE MEANT "NO" -- AND "NO" WAS THE

END OF THE PRIVATE SEXUAL BEHAVIOR. AN AFFIRMATIVE RESPONSE

MEANT "YES" -- AND "YES" USUALLY WAS THE BEGINNING OF THE PRIVATE

AFFAIR. IF PAULA JONES AND KATHLEEN WILLEY ARE TELLING THE TRUTH

-- PRESIDENT CLINTON ACCEPTED THEIR NEGATIVE RESPONSES. WHILE

NOT YET ABSOLUTELY CLEAR -- HE APPEARS ALSO TO HAVE WELCOMED THE

POSITIVE ATTITUDE INITIATED BY MONICA LEWINSKY. IN THOSE SEXUAL

CONNOTATIONS -- "NO" CERTAINLY SHOULD MEAN "NO" -- AND "YES"

SHOULD MEAN "YES".

WHILE I STILL HAVE DOUBTS -- I SUSPECT THAT PRESIDENT

CLINTON LIED UNDER OATH IN HIS DEPOSITION IN THE JONES -- WILLEY

-- AND LEWINSKY TESTIMONY -- PERHAPS BY NOW CONTENDING THAT

WORDS THAT SEEM CLEAR TO MOST PEOPLE HAD A MUCH NARROWER MEANING

AND CONSTRUCTION TO HIM. WITH ALL THOSE DOUBTS -- BELIEFS --

AND CONJECTURES -- I STILL HAVE AN OVERRIDING SYMPATHY AND BELIEF

THAT PRESIDENT CLINTON -- AND FUTURE PRESIDENTS -- SHOULD BE

ABLE TO KEEP PRIVATE SEXUAL ACTIVITY PRIVATE.

I WAS BORN IN 1917 -- AND I KNOW ABSOLUTELY NOTHING

FACTUALLY ABOUT THE PRIVATE SEXUAL BEHAVIOR OF THE VARIOUS

PRESIDENTS OF THE UNITED STATES DURING MY 80 YEARS PLUS -- BUT I

DO HAVE SUSPICIONS -- GENERATED PRIMARILY BY PRESS COMMENTS --

ABOUT WOODROW WILSON -- WARREN HARDING -- FRANKLIN ROOSEVELT

-- DWIGHT EISENHOWER -- JOHN KENNEDY -- LYNDON JOHNSON

AND PERHAPS TWO OR THREE OTHERS.

NOT SURPRISINGLY AFTER THAT PARTICULAR 80 YEAR EXPERIENCE --

I STRONGLY BELIEVE THAT PRIVATE BEHAVIOR OF A SEXUAL NATURE BY AN

INCUMBENT PRESIDENT SHOULD NOT NOW BE MADE PUBLIC. LATER --

WHEN THAT PRESIDENT IS ONLY AN EX-PRESIDENT -- IS A DIFFERENT

STORY. HE CAN THEN BE SUED -- CIVILLY OR CRIMINALLY.

WHILE THERE ARE PEOPLE WHO BELIEVE THAT PRESIDENT CLINTON IS

NOT A WOMANIZER -- I AM NOT ONE OF THEM. OKAY -- I DON'T

KNOW IT FOR A FACT -- AND I DON'T WANT TO KNOW. AS I SEE IT --

THAT IS NOT A LEGAL QUESTION -- TO BE A WOMANIZER IS NOT A

CRIMINAL ACT. IT IS SOMETHING THAT WE CAN ALL REMEMBER WHEN WE

VOTE -- IT CAN IMPACT US THEN IN DIFFERING WAYS -- AND -- OF

COURSE -- IT QUITE LIKELY WILL BE A MAJOR ITEM FOR FUTURE

DISCUSSION BETWEEN BILL CLINTON AND HILLARY RODHAM CLINTON!

ON THE OTHER HAND -- LYING UNDER OATH CANNOT BE EXCUSED.

IF PRESIDENT CLINTON SOUGHT TO OBSTRUCT JUSTICE BY PERJURY OR

OTHERWISE -- THE CONGRESS OF THE UNITED STATES IS -- AS OF NOW

-- ENTITLED TO CONSIDER APPROPRIATE ACTION.

IN EVALUATING THE INDEPENDENT COUNSEL PROCESS TODAY -- THE

ONLY QUESTION WORTH NOW ASKING IS WHETHER THE INSTITUTION OF

INDEPENDENT COUNSEL PRESENTLY SERVES THE WELL-BEING OF THIS COUNTRY

-- WHETHER THE EFFECT OF THE PRESENT INDEPENDENT COUNSEL STATUTE

OVERALL HAS BEEN GOOD OR BAD?

UNFORTUNATELY -- TWENTY YEARS AFTER THE STATUTE WAS ENACTED

-- THE AMERICAN PUBLIC NOW WATCHES THE SPECTACLE OF A PROSECUTOR

SO INDEPENDENT THAT HE CAN'T BE STOPPED -- AN INVESTIGATION SO

UNBRIDLED -- IT SEEMS TO BE OUT OF CONTROL.

CLEARLY -- THE PROCESS IS ACHIEVING SUBSTANTIAL PARTISAN

SUPPORT -- SOME PARTISANS FOR -- A LARGER PARTISAN GROUP

AGAINST -- PERHAPS BECAUSE THE INDEPENDENT PROSECUTOR IS LARGELY

ACCOUNTABLE TO NO ONE SEGMENT OF THE PUBLIC. IT OBVIOUSLY IS NOW

IMPOSSIBLE TO MAINTAIN THE APPEARANCE OF NON-PARTISANSHIP --

BECAUSE THE APPEARANCE OF POLITICAL MOTIVATION IS GENERATED NOT BY

THE IDENTITY OF THE PROSECUTOR -- BUT BY THE IDENTITY OF THE

TARGET. THE INDEPENDENT PROSECUTOR IS EVALUATED BY THE SINGLE

ASSIGNED CASE -- A CASE SURROUNDED BY PARTISAN ENERGY -- SO

THAT SHE OR HE WILL ALMOST NECESSARILY BE ACCUSED OF PARTISANSHIP

BY THE PUBLIC. SIMPLY PUT -- POLITICAL DISPUTES WITH THE

PRESIDENT CAN NOW -- UNDER EXISTING LAW -- BE TURNED INTO LEGAL

DISPUTES -- AND POLITICAL HOUSECLEANING OF THE PRESIDENCY IS

TRANSFORMED INTO A CRIMINAL PROCESS.

CAN AN INDEPENDENT COUNSEL NOW ACT SO INTRUSIVELY THAT HIS

INVESTIGATION INTERFERES WITH THE PRESIDENT'S CONSTITUTIONAL DUTY

TO SEE THAT THE LAWS ARE FAITHFULLY EXECUTED? I THINK SO. IS

KEN STARR DOING JUST THAT? I THINK SO. DO THE NEEDS

INDEPENDENTLY TO PROSECUTE THE PRESIDENT TRUMP THE NEED TO HAVE A

PRESIDENT FREE FROM THE CONSUMING DISTRACTIONS HE PRESENTLY FACES?

I THINK NOT. IT IS NOW SO POLITICIZED THAT IT DOES NOT SERVE ITS

INTENDED PURPOSE.

I ALSO THINK THAT THE UNITED STATES SUPREME COURT WAS QUITE

WRONG WHEN IT DETERMINED THAT PAULA JONES HAD THE RIGHT TO PURSUE

HER SEXUAL HARASSMENT CASE AGAINST THE INCUMBENT PRESIDENT.

AS OF NOW -- IT IS CLEAR THAT THE LEGAL BURDENS ON THE PRESIDENCY

WERE GREATLY -- TREMENDOUSLY -- INCREASED BY THAT DECISION.

I BELIEVE THAT THE INCUMBENT LEADER OF THE STRONGEST NATION THE

WORLD HAS EVER KNOWN SHOULD NOT BE HAMPERED WITH SUCH DISTRACTIONS.

THE APPROPRIATE TIME TO PURSUE SUCH PRIVATE CIVIL SUITS IS AFTER

SHE OR HE IS NO LONGER PRESIDENT. THE SAME PRINCIPLE APPLIES TO

CRIMINAL TRIALS THE ONLY TRIAL MUST BE RESTRICTED TO

IMPEACHMENT.

A MAXIM WELL-KNOWN TO LAWYERS AND JUDGES IS -- "BAD FACTS

MAKE BAD LAW". WHEN PRESIDENT RICHARD NIXON FIRED A SPECIAL

PROSECUTOR WHOSE DOGGEDNESS HAD BECOME TROUBLESOME -- A

CONSTITUTIONAL CRISIS DID ENSUE. THE PUBLIC REACTION WAS CLEAR

-- OUR DEMOCRACY COULD NOT PERMIT THE PRESIDENT TO PLACE HIMSELF

ABOVE THE LAW BY STIFLING AN INVESTIGATION OF HIS MISCONDUCT.

THE PROBLEM SEEMED SO OBVIOUS AND THE REMEDY SO CLEAR.

WATERGATE WAS GOOD FACTS AND RESULTED IN WHAT THEN APPEARED TO

BE A GOOD LAW. BUT THE CLINTON INVESTIGATION INVOLVES SOME BAD

FACTS -- AND THE LAW HAS TURNED OUT TO BE NOT AS GOOD AS WE

THOUGHT.

THE WATERGATE SCANDAL -- LIKE THE CLINTON SCANDALS OF TODAY

-- CREATED -- OR ARE CREATING -- A GREAT PUBLIC DISTRUST OF

PUBLIC OFFICIALS. THE INDEPENDENT COUNSEL PROCESS

ESTABLISHED PRIMARILY TO SHORE UP PUBLIC CONFIDENCE -- HAS NOW

BECOME SO POLITICIZED THAT IT ACTUALLY -- AND IRONICALLY --

CONTRIBUTES TO THE PUBLIC DISTRUST. IN THE YEARS SINCE THE

INDEPENDENT COUNSEL ACT WAS ESTABLISHED -- WE HAVE LEARNED A LOT.

WE NOW KNOW THAT SOME OF THE INVESTIGATIONS LAST FOR YEARS --

COSTS TOO MUCH -- HURTS TOO MANY INNOCENT PEOPLE -- AND TURNS

POLITICAL DISPUTES INTO CRIMINAL INVESTIGATIONS. SOMEDAY SOON

-- WHEN THE DUST SETTLES -- WHEN THE CLINTON -- STARR --

JONES -- LEWINSKY -- AND WILLEY -- CRISIS IS OVER -- THIS

COUNTRY MUST TAKE A NEW LOOK AT THE INDEPENDENT COUNSEL PROCESS TO

SEE IF IT STILL SERVES ITS INTENDED PURPOSE. IT EXPIRES NEXT

YEAR -- AND PUBLIC OPINION SHOULD NOT PERMIT IT TO BE RE-ENACTED

IN ITS PRESENT FORM.

SO WHAT -- YOU MIGHT ASK -- IS THE SOLUTION? SHOULD WE

KEEP IT OR ABANDON IT? CERTAINLY -- WE SHOULD NOT ALTOGETHER

ABANDON AN INDEPENDENT COUNSEL CONCEPT. WE STARTED OUT WITH A

GOOD AMERICAN IDEA -- WHICH WAS THAT THE HIGHEST OFFICIAL IN OUR

GOVERNMENT SHOULD NOT BE TREATED DIFFERENTLY FROM OTHERS. WE NOW

HAVE MOVED TO A VERY DIFFERENT IDEA -- THE USE OF OUR CRIMINAL

JUSTICE SYSTEM AGAINST OUR PRESIDENT -- IN A WAY THAT IS MUCH --

MUCH HARSHER THAN THE WAY WE USE IT AGAINST ORDINARY CITIZENS.

WHEN ALLEGATIONS OF WRONGDOING BY SENIOR PUBLIC OFFICIALS

ARISE -- THE PRIMARY FOCUS SHOULD NOT BE WHETHER THOSE OFFICIALS

ARE SUBJECT TO CRIMINAL PENALTY -- BUT RATHER WHETHER THEY ARE

QUALIFIED TO CONTINUE TO SERVE IN THEIR HIGH PUBLIC OFFICE. WE

STILL HAVE THE CONSTITUTIONAL IMPEACHMENT PROCESS -- THE PROCESS

DESIGNATED IN THE U.S. CONSTITUTION AS THE PROPER WAY TO DETERMINE

WHETHER A SITTING PRESIDENT SHOULD CONTINUE TO SERVE.

FOR ALMOST TWO CENTURIES -- INVESTIGATIONS OF HIGH

OFFICIALS WERE CARRIED OUT EITHER BY THE DEPARTMENT OF JUSTICE --

THE ATTORNEY GENERAL -- OR IN SOME EXCEPTIONAL CIRCUMSTANCES --

BY OTHER AD HOC MEANS. SHOULD WE GO BACK TO THOSE WAYS? I

THINK YES. INSOFAR AS INVESTIGATING CONDUCT OF THE PRESIDENT IS

CONCERNED -- IMPEACHMENT IS THE ONLY PROPER PROCESS.

MY RECOMMENDATION: CONGRESS SHOULD DO NOTHING NOW ABOUT

INVESTIGATING PRESIDENT CLINTON UNTIL KENNETH STARR COMPLETES HIS

TASK -- BUT I BELIEVE THAT IT SHOULD LEGISLATE TO ALLOW

POSTPONEMENT OF ALL CIVIL LAWSUITS AGAINST A SITTING PRESIDENT.

WHEN THE INDEPENDENT COUNSEL STATUTE EXPIRES IN JUNE OF 1999 --

LET IT DIE. AS A POSSIBLE SUBSTITUTE -- CREATE AN INTERNAL

DEPARTMENT OF JUSTICE PROCESS INVOLVING CAREER PROSECUTORS CHARGED

WITH THAT SPECIFIC RESPONSIBILITY. THE PRESIDENT SHOULD CONTINUE

TO BE SUBJECT ONLY TO IMPEACHMENT -- AND THAT SHOULD BE THE

PEOPLE'S REMEDY. WHETHER THE PRESIDENT SHOULD BE TURNED OUT OF

OFFICE IS -- IN THE DEEPEST SENSE -- A POLITICAL JUDGMENT --

TO BE MADE ONLY BY THE PEOPLE THROUGH THEIR ELECTED POLITICAL

REPRESENTATIVES. IN MY JUDGMENT -- THIS NATION SHOULD GO BACK

TO THE WAY IT WAS INVESTIGATED BEFORE WATERGATE -- GO BACK TO OUR

CONSTITUTIONAL SYSTEM OF GOVERNMENT -- GO BACK TO OUR AMERICAN

PROCESSES OF DEMOCRACY.

THANK YOU FOR LISTENING.

MA4-60783.1

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 381

REMARKS OF:

BEFORE:

DATE:

LAWYERING: WHAT IT IS

WHAT IT OUGHT TO BE

TITLE:

TIME:

TWENTY MINUTES

Ni

37/

CHESTERFIELD SMITH

LAWYER

MIAMI, FLORIDA

TALLAHASSEE ROTARY CLUB

LEON COUNTY CIVIC CENTER

WEDNESDAY, MAY 14, 1997

12 NOON

- AND

ALMOST FIFTY YEARS

PRACTICING

PERSONAL

LAWYER -

PERSPECTIVE

I SHALL GIVE

ABOUT

YOU MY

TODAY'S

LAWYERS ASSUREDLY

SIMILAR

TO THAT OF

MANY

SHOULD

OTHERS

- BUT NOT ALL.

A LAWYER'S

WHAT

PROFESSIONAL

DUTY BE

IT BE TO SECURE PUBLIC

AFTER

AS A

WHAT

MUST

- AND

TO ME IT IS A GOOD

- PERHAPS

ALMOST

A NOBLE

PEOPLE

TODAY

SUGGEST

THAT MANY

LAWYERS

ARE NOT WHOLLY FULFILLING

THOSE DUTIES -

THE TRUTH

- SOME

DO SOME

DO NOT

- BUT MORE

CHANGE

DO THAN

DON'T.

- AS AN ACTUALITY

IN THE

- DOES NOT MOVE

ONE.

SOME

APPROVAL.

DUTY

LEGAL

PROFESSION

AT A

BUT THE PRACTICE

BY INDIVIDUALS

ALSO DOES NOT STAGNATE.

RATHER -

THE USUAL

COURSE

LAWYERING

EXTENT -

IS STEADY

PREDICTABLE

- AND I

E. THERE

r0 A LARGE

ALWAYS

HAVE BEEN AND

NOW ARE TWO

AS I SEE IT

FUNDAMENTAl

- THERE

- FACTORS

IN THE PRACTICE

OF

BLINDING

PACE -

OF LAW

THAT MUST

PERSIST

OF LAW

AND CONTRASTING

EMPHASIS

LAWYERS

AT VARIANT

AT EVERY

TIMES.

POINT

CERTAINLY

IN LEGAL

HISTORY

- AS THEIR

PRIME

PROFESSIONAL

CHALLENGES FACED AND DEALT WITH THOSE

TWO SIGNIFICANT FACTORS.

THE TWO FACTORS

TO WHICH

I REFER

- THE BODY

HAVE

- ALBEIT

WITH DIFFERING

ARE: FIRST

OF THE LAW

AND SECOND -

NEITHER

SERVED

ALWAYS

FACTOR

SINGULARLY

BY IGNORING

MUST

THE OTH

BE CONSIDERED

CAN BE FULLY

ER THEY

TOGETHER -

AND THE SUCCESSFUL

ACCOMMODATION

BOTH IS ABSOLUTELY

CRITICAL

TO THE

ULTIMATE

RESULT

SOUGHT

BY LAWYER

CLIENT.

OF

AND

THE LAWYERS'

CLIENT.

- THE COLLECTIVE

ALL LAWYERS

BY THE SEVERAL

UTILIZES

WHEN

WILL ULTIMATELY

AL TREATMENTS

WORKING

r BE DICTATED

EACH LAWYER

TO HARMONIZE

THOSE

TWO FACTORS.

LAWYERS

HAVE BEEN

-ARE AND

- INVOLVED

LEGACY OF

INDEED

ALWAYS

WILL BE

WITH THE

BODY OF THE LAW

ENTIRE

PRACTICE BUT

NO MATTER

LONG -

HOW INTENT

- THAT

INVOLVEMENT

- THEY NEVER WILL

LAWYERS

WHOLLY

- AND EACH OF YOU

MASTER IT.

KNOW THAT

THE BODY OF THE LAW OFTEN

CHANGES

AND AT LEAST

TO SOME DEGREE

IT WILL

NOT SURPRISINGLY

HOW

- THROUGHOUT

THEIR

ALWAYS

KEEP CHANGING.

- THE ROLE PLAYED

CHANGES

IS ALMOST

ALWAYS

IMPACTED -

AND USUALLY DOMINATED

- BY THAT LAWYER'S

CLIENTS AND

NEEDS

SWEAR

THAT

AND PERSONAL

AN OATH

UPON

CLIENT'S

DESIRES.

ADMISSION

PARTICULAR

LAWYERS

TO THE

BAR VIGOROUSLY

TO REPRESENT

ALL OF THOSE

- BUT- LAWYERS

IN THOSE

BY A LAWYER

CLIENTS

AT TH E

SAME

TIME

TO THE BODY OF

THE LAW. THE BALANCE

- THE

ACCOMMODATION

FUNDAMENTAL FA

- BETWEEN

ACTORS

THE TWO

- THE BODY OF THE

LAW AND THE CLIENT

CHALLENGING

- IS THUS

EVER-

- AND THE HAPPY ATTAINMENT

OF THAT BALANCE IS TO

ALSO SWEAR

AN ALLEGIANCE

ME QUITE

CLEARLY

THE

MOST REWARDING

A LAWYER

CAN KNOW.

THE LEGAL

LAWYERS

SKILLS

THUS WILL ALWAYS

AND ABILITY

OF

BE JUDGED

CLIENTS

BASED

ON THE LAWYERS

SKILL AND

ABILITY

TO BALANCE

THE BODY OF THE LAW

WITH THEIR

CLIENTS'

STATED

GOALS.

INDIVIDUAL

LAWYER

WHO ULTIMATELY

WANTS

10

THAT

BY

AN

PROFESSIONAL

EXPERIENCE

A FAVORABLE CLIENT JUDGMENT

UNDERSTAND

THAT BALANCE AND

THAT ACCOMMODATION AND SOMEHOW

- AND SOMEWAY

- PUT THEM IN TANDEM.

WITHIN MY OWN YOUTH I

UNEQUIVOCALLY RECALL THAT LAWYERS IN

THE SMALL COUNTRY TOWN WHERE I LIVED

GENERALLY WERE HIGHLY REGARDED BY ALL

11

MUST

TO ENSURE

I KNEW AT

OF THEM

PROFESSIONALS

ANY AND

NEEDED H

OVER THE

- REGARDED

WHO COULD

ALL OF PERSONS

ELP. CERTAINLY

BY MOST AS

GOOD

AND WOULD

HELP

WHO BADLY

IT IS TRUE THAT

LIFE OF OUR COUNTRY

- AS I HAVE

KNOWN

- LAWYERS

GENERALLY

OBTAINED

THE PERSONAL

JUDGMENT

- THE

12

HAVE

OF THE PEOPLE

LEAST MOST

- THE UNIQUE

THAT CAN HELP MOST

TROUBLES HELP TH

PERSONS

AT MOST

HAVING

PEOPLE

WOULD

AT SOME

POINT

BOTH WANT

NEED TO SECURE

- AND HELP THAT A

COMPASSIONATE

GIVE. SO I

LAWYER

HOSE

WOULD

LAWYERS

WANT

TO

WHO LONG

HAVE WELL CHAMPIONED

THE RIGHTEOUS

13

AND

BINDING ABILITY

KNOW-HOW

OF THEIR SEVERAL CLIENTS

HAVE IN THE END SERVED

THE PRINCIPLES

WHAT

I PERCEIVE

TO BE

- ANDAWANT ITj

A PUBLIC

LEGAL

PROFESSION:

HA
-jTHAT

$ -
A wr,4/-

LAWYERS

ALMOST

ALWAYS

ACCOMMODATED

AND UNIFIED

TOGETHER

BODYOF THE

Wr4^
G44toieacc

Cdr~Lt4LX

LAW

MnI1

- AND T EIR CLIENTS,-
,. a IH/

--

Ztnudo

14

OF

BE

J

HAVE

- THE

CAUSES

PRIMARILY

J vv mjtk

aXM Rw^<^

4" Il)Afc

IN BALANCING THE NEEDS OF THE

INDIVIDUAL CLIENT WITHIN THE FRAMEWORK OF

THE BODY OF LAW LAWYERS OF COURSE MUST

FULFILL THE DUTIES HELD PURSUANT TO THEIR

54
ROLE AS "OFFICERS OF THE COURT." AS

"OFFICERS OF THE COURT" LAWYERS ARE

SIMULTANEOUSLY

ADVOCATES COUNSELORS

- DRAFTERS

- AND MEDIATORS

- BRINGING

15

WHO ARE UNEQUAL

- HUNTING

JUST AND EXPEDITIOUS

RESOLUTION

FOR THE DILEMMAS

OF THE

DOWNTRODDEN

SOLVING

LARGE

AND SMALL

PROBLEMS

FOR BOTH GOOD

- FOR~THOSE

PEOPLE

AND BAD PEOPLE

WHO ARE GUILTY

AND FOR THOSE

INNOCENT

- MAKING

PEACE

FOR LARGE

CLASSES

- BUT EVEN WITH THAT

16

TOGETHER

AS ONE THOSE

PEACE CONTINUING

RESOLUTION

OR MITIGATION OF PROBLEMS

OF

INDIVIDUALS AND GROUPS PROTECTING

ALWAYS BOTH THE FAULTLESS AND THE

CRIMINAL STRIVING FOR EQUITY FOR ALL

PEOPLE -

COSTS

AND PURSUING TRUTH AT ALL

- FOR RICH AND

POOR.

17

TO AGITATE FOR THE

BELIEVE I

UNEQUIVOCALLY

"OFFICER

ASSERT

OF THE COURT"

CAN FILL A CENTRAL

PLACE

THAT AS AN -

- A LAWYER

STILL

IN OUR WORLD

PROMOTINGATHE

RULE OF LAW AND THE

TENETS

OF DEMOCRACY

AND JUSTICE.

6Ao

JUST AS STRONGLY

- I6KNOW

THAT A

LAWYER

CANNOT

PERSONALLY

VIOLATE

THOSE

18

IN

BUT

I KNOW

- I FIRMLY

zad

OR UPHOLD THEM

THEORY

- BUT NOT IN PRACTICE AND

YET TRULY

REMAIN

AN

OF THE

"OFFICER

COURT."

I SUGGEST TO YOU TODAY THAT THE

MALEVOLENCE IN WHICH LAWYERS ARE TODAY

HELD BY MANY

- MAYBE

MOST

- IS FIRMLY

ROOTED IN LAWYERS' FAILURE CONTINUOUSLY TO

19

STANDARDS

ONLY IN

BIl;AWIE THE ROLE OF OFFICER OF THE COURT -

THAT IS

- TO BALANCE WITH HER OR HIS DUAL

ROLE OF BEING THE CLIENT ADVOCATE AND/I

UPHOLDING THE BODY OF THE LAW.

J A4

AS A

It

GENERALITY THE PUBLIC'S ACTUAL EXPERIENCE
f

WITH LAWYERS IN THE RECENT PAST HAS NOT

MEASURED UP TO OUR

PRECONCEIVED AUGUST TIME-HONORED -

20

emL,

NOTIONS ABOUT THE EXALTED LEGAL PROFESSION.

HOW MUCH OF THE BLAME FOR THAT ADVERSE

CONDITION RESTS WITH LAWYERS? DID LAWYERS

ALONE BRING ABOUT THAT CHANGE? ARE

LAWYERS ALONE REALLY THAT GREED-STRICKEN?

OR IS THE AMERICAN PUBLIC'S GREED PERHAPS

DRIVING THE LEGAL PROFESSION?

I PERSONALLY

THINK TO A GREAT EXTENT THE LATTER IS MOST

21

O4

CAN THE LEGAL PROFESSION BE

DRIVING THE AMERICAN PUBLIC'S GREED?

THAT

APPEARS TO ME AS IMPROBABLE.

CERTAINLY I AM CONFIDENT THAT

LAWYER UBIQUITY IN AND OF ITSELF -

HAS

NOT LED TO AMERICA'S PREVAILING SUE-AT-EVERY-

OPPORTUNITY MENTALITY.

ON THE OTHER

HAND ALL OF THE BLAME FOR THE

22

PROBABLE.

UNRELENTING ADVERSE LAWYER IMAGE CANNOT

POSSIBLY BE SOLELY ASSIGNED TO CLIENTS'

CUPIDITY OR EVEN TO AN INNATELY

BELLIGERENT IN-YOUR-FACE AMERICAN CULTURE

BEARING A MONSTROUS CHIP ON ITS SHOULDER.

AS 1 SEE IT

- THE PROBLEM RESTS AT LEAST

EQUALLY WITH BOTH.

THE QUESTION THEN

BECOMES HOW ARE WE GOING TO SOLVE IT?
& mIAAd ,t J/ 4 wt

23

J.

AMERICANS WITHIN

AND WITHOUT THE LEGAL PROFESSION HAVE IN

RECENT

YEARS ROUTINELY

LOOKED

LAW ALONE

TO DETERMINE

WRONG

- TO DETERMINE

THE ETHICAL

THE UNETHICAL AND

THE MORAL

IMMORAL AN

ACTIVITY

WHICH

SEEMS

ME TO BE PERSONALLY

SELF-DEBILITATING

24

TO

THE

RIGHT

FROM

FROM

FROM

THE

TO

MORE

AND MORE

IT INNATELY ABSOLVES

FROM ALL CONDUCT

BY LAW. SADLY

BEYOND

TO ME

THAT REQUIRED

- PURPOSEFUL

GOALS

OF INDIVIDUAL

PERSONAL

RECTITUDE

BEYOND

THE MINIMUM

SET BY LAW

CURRENTLY

RECEIVE

LITTLE

POPULAR

SUPPORT.

TO PERMIT

LAW ALONE

CONTROL

THE ENTIRE

VALUE

STANDARDS

25

THUS

TO

OF

BECAUSE

OUR PEOPLE

HUMAN BEINGS CAN ONLY RESULT IN AN

ULTIMATE ATROPHY OF SOCIETAL

RESPONSIBILITY.

AS CURRENT WORLD AND

DOMESTIC EVENTS SHOW A LEGALISTIC

SOCIETY WHICH IGNORES ALL VALUES OTHER

THAN LAW IS A SOCIETY IN MY OPINION -

WHICH HAS NO SOUL -ANO ORDER AND NO

DIRECTION.

26

INDEED HISTORY HAS REPEATEDLY

DEMONSTRATED THAT NO STATE CAN

LONG

SURVIVE IF ITS PEOPLE ASSUME THAT ALL

CONDUCT NOT FORBIDDEN BY THE LAW IS

ACCEPTABLE.

LAW SHOULD SET ONLY THE

MINIMUM STANDARDS BUT NOT THE LOFTIER

B^J^L

GOALS.

IT CANA BE THE

FLOOR BUT IT

fUos 61 -

MUST NOT BE/1THE CEILING.

27

maJ i

-.4

THE LAW AS A FLOOR

FORGIVES

BEHAVIOR

INDIVIDUAL

WHICH

CITIZENS

FOR ALL

IS NOT PROHIBITED

BY LAW

- AND

PERMITS

MINIMUM

AS A NECESSARY

LEGAL

COROLLARY -

CITIZENS TO USE THOSE

STANDARDS TO ADVANCE

OWN PURPOSES

- SOMETIMES

SELFISHLY

SO.

28

THEIR

TO ACCEPT

muawia^1

THE PRIVATE BUSINESS SECTOR MUST

BE CONTINUALLY REMINDED BY ITS LAWYERS

OF THE ESSENTIAL ROLE IN OUR LIVES OF

ETHICS AND MORALITY AND PRIVATE BUSINESS

irWf BE CONSTANTLY ENCOURAGED TO

ALWAYS SEEK HIGHER STANDARDS OF CONDUCT

THAN THE MINIMUM.

INDEED I

RESOUNDINGLY PROCLAIM THAT PRACTICING

29

LAWYERS ALWAYS SHOULD COUNSEL

ASPIRATIONAL STANDARDS FOR THEIR CLIENTS

- ROUTINE AND HUM-DRUM COMPLIANCE

WITH THE MINIMUM STANDARDS OF THE LAW

p0N^A.

SIMPLY WON'T DO.-

A PROFIT CORPORATION SHOULD NOT

UNTHINKINGLY DESECRATE OR POLLUTE A RIVER

BECAUSE THAT CORPORATION CAN DECREASE

30

( tc~

WASTE MANAGEMENT COSTS BY ENVIRONMENTAL

DUMPING WHILE STILL MEETING

THE MINIMUM

DISCHARGE

SHOULD A

PRODUCTS

LIMITS

PRESCRIBED

CORPORATION II

ON CONSUMERS

BY LAW -

VIPOSE I

SIMPLY

NOR

INFERIOR

BECAUSE

THE LAW HAS NOT KEPT UP WITH

MARKETPLACE

BUSINESS DIS(

- NOR SHOULD

CRIMINATE

A SMALL

IN EMPLOYMENT

31

THE

- DUE TO ITS SIZE

DOES NOT FALL UNDER

THE PURVIEW

STATE

AND FEDERAL

ANTI-DISCRIMINATION

LAWS.

EVER-INCREASING

COMPETITION

IN THE

LEGAL

PROFESSION

HAS QUITE

OBVIOUSLY

AND UNFORTUNATELY

-NOW

LED TO AN

INCREASED

TREATMENT

OF THE

PRACTICE

32

OF

OF

PRACTICES

SINCE

- IT

A BUSINESS A

MAKING

LAWYERS

BUSINESS.

I RECOGNIZE THAT TODAY'S

DO WELL PERHAPS

TOO WELL.

WHILE

ADMITTEDLY

MAINTAINING

GENERATING

REVENUES

AND

IS AN ESSENTIAL

OF LAWYER

OFFICERS

FOREMOST

-R REALITY

OF THE C(

MAINTAIN

- TO

ME

)URTAMUST

THEIR

- LAWYERS AS

FIRST AND

UNIQUE

PUBLIC

33

PART

LAW AS

HUGE PROFIT-

- AND THEY MUST EMPHASIZE

"GOOD"

MORE

THAN DOING

"WELL."

CERTAINLY

- LAWYERS

PROFESSIONAL

TELL CLIENTS

OBLIGATION

TO DO MORE

HOW THEY LAWFULLY

THAN

CAN DO

WHAT

THEY WANT

TO DO.

14u

WUt

BALONEY ON

i LAWYERS

WHO DO THAT TO CLIENTS IT'S

NOT RIGHT

- IT'S NOT GOOD

- WHERE

34

HAVE

STATUS

DOING

IS BEING DONE ANDPIT IS OFTEN BEING DONE

- IT'S GOT TO GO.

A SENSE OF

RESPONSIBILITY OF VALUES TRANSCENDING

THOSE ARTICULATED BY THE LAW SHOULD -

AND MUST BE APPLIED TO DECISION

MAKING. LAWYERS AND THEIR CLIENTS MUST

ALWAYS CONSIDER IN THEIR RELATIONSHIP THE

ESSENTIAL ROLE OF ETHICS AND MORALITY.

35

CANNOT IGNORE

INTEREST

OF THE PUBLIC AND
/A

THE BASIC

STANDARDS

OF DECENCY SYSTEMATICALLY BY

STRINGING

ACHIEVE F

TOGETHER

OR A

LEGAL

CLIENT AN

LOOPHOLES

INORDINATE

ADVANTAGE.

THE TRUE RULE OF LAW

ENVISIONS

INTERNAL

CHECKS

AS A NECESSARY

COMPLEMENT

TO EXTERNAL

RESTRICTIONS.

36

TO

THE LARGER

LAWYERS

THAT TRUE RULE OF LAW

- LAWYERS

THEY ALONE

MUST

NOT LOSE SIGHT

- INDIVIDUALLY

THAT

OR IN LAW

FIRMS CONTROL

BEHAVIOR AND

THEIR

OWN PROFESSIONAL

THAT THEY

- AND

- THROUGH

THEIR

LAW PRACTICE

CONDUCT

AND LEAD AND DETERMINE

ATTORNEY-CLIENT

RELATIONSHIP.

- THE

LAWYERS

37

THEY

ONLY

AND IN APPLYING

THUS SINGULARLY REMAIN IN

POSITION AVAILABLE ONLY TO LAWYERS -

TO ADVOCATE THE PURSUIT OF TRUTH AND

JUSTICE.

THE LEGAL PROFESSION ALONE HAS

THE RIGHT AND DUTY TO SET THE TONE OF A

LAWYER'S RELATIONSHIP WITH THE PUBLIC -

AND IT MUST DO SO PARTICULARLY WITH

CLIENTS.

TO DO JUST THAT -

TO SET THAT

38

A UNIQUE

I AWla na IwaI iur Irnrw/a rfll

TONE -

FACILITATOR

YTEn MUoivSo DELCFIVIE E inc

OF NEW ATTITUDES THE
44

LIAVV

INSTIGATORS OF

CHANGE

IN THE CURRENT

PUBLIC

PERCEPTION

OF LAWYERS BY

RECOGNIZING

OPPORTUNITY

THE LAWYER

ANOTHER ANI

THAT

THERE

TO RESURRECT

OF OLD

D ANCIENT

NOW IS A PRESENT

WITH THE PUBLIC

- THE LAWYER

TIME

OF

- TO FOCUS

39

"r'lU r"

OF VINDICTIVENESS -

TO READILY

DEMONSTRATE

SAY NO TO CLIENTS

COUNTER

WHOSE

TO STEADFAST

PRINCIPLES TO

DO GOOD

A WILLINGNESS TO

CASES

RUN

AND HONORABLE

FOR CLIENTS

AND

NOT SIMPLY WELL

FOR THEMSELVES.

IN BECOMING

AND NOBLE

LAWYERS

OBLIGATIONS

THAT

- SOLEMN

ARE AN

40

ON FAIRNESS

INSTEAD

6-M It

PART OF THE LEGAL PROFESSION

WERE

IN TAKING THEOOATH OF ADMISSION

FREELY AND HAPPILY ACKNOWLEDGED AND

ASSUMED' LAWYERS FIFTY YEARS AFTER THAT

OATHASTILL

ARE

"OFFICERS

OF THE COURT"

WHETHER

THOSE

LAWYERS

GO TO TRIAL

OR ONLY DO OFFICE

LEGAL

WORK.

41

ALL

INTEGRAL

THEY DO AS LAWYERS

- ARE

OFFICERS

OF THE COURT.-

TOMORROW'S

LAWYERS -

DOMINANT

AS OFFICERS

QUESTION

TO

OF THE COURT

CLIENTS

MAY WELL

CONTINUE

BE "WHAT

IS REQUIRED

HERE BY LAW FROM

ME?" BUT THE ANSWER

TOO RARELY

GIVEN

FROM

THE LAWYER

TO THAT QUESTION

MUST

42

FROM

THEIR

TO

LAWYERS

- WHATEVER

HENCEFORTH BE THESE WHOLLY PROFESSIONAL

WORDS:

"THIS IS WHAT YOU MY CLIENT -

OUGHT TO DO NOT BECAUSE IT

REQUIRED

- BUT BECAUSE IT IS

RIGHT AND PROPER."

THIS MUCH IS CERTAIN REAL

IMPROVEMENT IN THE ENHANCEMENT OF THE

43

IMAGE RESTS SQUARELY

PERSONAL

LAWYER F

AND PROFESSIONAL

REPRESENTS

WAY THE

HIS OR HER CLIENTS -

IN HER OR HIS RELATIONSHIPS

WITHIN

COMMUNITY

- IN

THE MANNER

IN WHICH

THE LAWYER

INTERACTS

WITH HER OR HIS

COLLEAGUES

- IN HOW THE LAWYER

CHOOSES

TO CONDUCT

HIS OR HER PRACTICE.

G4WA ui 6-7 44
hA'^ 24 E^ePct tU; ik
- 4c t ,-I

THE

LAWYER'S

WITH THE

SILENCE

ON THE PART OF A LAWY 4
ON1 THE~ PART OF A LAWY

EXPLICITLY

SANCTIONS

DISCOURTEOUS

BEHAVIOR

FROM

HER OR HIS PEERS AND/

CLIENTS.

LEGALISTIC

THE LARGEST

SYSTEMS IS

SINGLE

OF COUI

RISK IN ALL

RSE THAT

EACH PERSON

WILL SEEK TO

USE THAT

SYSTEM

IN A WAY TO

SECURE

PERSONAL

ADVANTAGE.

THAT CANNOT

BE.

LAWYERS

45

eA6 -04

THAT WON'T WORK

LAWYERS

STANDARDS

MUST

HELP THEIR

OF PERSONAL

CLIENTS

CONDUCT

MORE

MEASURE

ASPIRATIONAL.

OF WHAT TH

THE MOST

IE MODERN

FRIGHTENING

LEGAL

PROFESSION

HAS LOST IN ITS PRESENT

CONSULTATION

WITH CLIENTS

IS THAT

PEOPLE

DON'T

EVEN REMEMBER

THE TRUST

46

MAKE

THE

EVER-

MOST

WELL KNOW

- AND

THAT SOCIETY ONCE NOT SO LONG AGO -

WILLINGLY PLACED IN THE LEGAL PROFESSION.

THAT TRUST SHOULD AND MUST BE

RESTORED PRIMARILY BY LAWYERS.

IF LAWYERS ARE TO LIVE UP TO

THEIR

HISTORIC

RHETORIC

- GRANDILOQUENT -

- THEIR DEEDS MUST

AND NOBLE

REQUIRE

EVER-BETTER EVER HIGHER STANDARDS

47

THEMSELVES AND

CLIENTS.

I REITERATE -

A SOCIETY

NOT LONG SURVIVE

IF ITS INDIVIDUAL

MEMBERS

ASSUME

THAT ALL CONDUCT

PROHIBITED BY

LAW CANNOT

LAW IS ACCEPTABLE

- SHOULD

NOT

CONDUCT.

- MUST

- BE

ALONE

A BUSINESS -

A MONEY-

MAKING

EXPERIENCE.

I REPEAT

48

WILL

NOT

NOT

- I

FROM THEIR

- FRO M

- I PROCLAIM -

"OFFICERS OF THE COURT"

- WHATEVER

LEGAL TASK THOSE LAWYERS PERFORM

AND WHEREVER THEY DO IT

WAY

- THE ONLY

- THE RIGHT WAY IS THAT

LAWYERS ALWAYS MUST

- UNDER ALL

CIRCUMSTANCES CONSCIOUSLY STOP -

AND THINK

- OF THEMSELVES ONLY AS

49

REITERATE

LAWYERS ARE

"OFFICERS OF THE

PROPONENTS

OF THE BODY OF THE LAW AND

THE HONORABLE

ADVOCATES

/Ar-

CLIENTS.

OF THEIR

&Alw

ttflf

THE END

MIA3-497856

50

- THE FAITHFUL

COURT"

ILU~/

~cel'

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 382

-5 2- 6i7

REMARKS OF:

BEFORE:

DATE:

PLACE:

CHESTERFIELD SMITH
LAWYER
MIAMI, FLORIDA

CEREMONIAL SESSION OF THE
SUPREME COURT OF FLORIDA
FOR THE JUSTICE STEPHEN H.
GRIMES ORAL HISTORY
PROGRAM

APRIL 24, 1998
3:30 P.M.

SECOND DISTRICT COURT OF
APPEAL
LAKELAND, FLORIDA

DURATION:

"T -t1

7 MINUTES

-The- 7Rial Lncur;: Vi5s- tt13

I AM HONORED TO PARTICIPATE IN THIS

PROGRAM FOR MY VERY GOOD FRIEND -

STEPHEN HENRY GRIMES.

ADMITTEDLY WITH

BIAS I PERSONALLY THINK THAT STEVE

GRIMES WAS A MAGNIFICENT LAWYER A

MAGNIFICENT APPELLATE JUDGE ON THE

SECOND DISTRICT COURT OF APPEAL AND

MAGNIFICENT JUSTICE ON THE FLORIDA

SUPREME COURT.

OF COURSE

- I HAVE KNOWN STEVE

GRIMES FOR WHAT SEEMS LIKE FOREVER.

KNEW HIM BEFORE HE BECAME AN APPELLATE

JUDGE AND BEFORE HE BECAME A FLORIDA

SUPREME COURT JUSTICE.

STEVE GRIMES WAS

ONCE MY LAW PARTNER- HAVING STARTED HIS

WITH HOLLAND

AND EVENTUALLY

LEADING

THE FIRM'S

LITIGATION

BECOME Al

- STEVE GI

TALENTS A

SERVICE.

DEPARTMENT

N APPELLATE

RIMES

BEFORE

JUDGE.

HAD GREAT

rND STRONGLY

HE WAS

HE LEFT TO

AS A LAWYER

AND REMARKABLE

BELIEVED

- AND IS

IN CLIENT

- A FINE LAWYER

- A LEARNED

LEGAL CAREER

AND KNIGHT

LAWYER

- A NOBLE

LAWYER.

- HE ACTS NOW AS

HE ALWAYS

HAS ACTED

- AS I WANT

LAWYER

TO ACT.

WE WHO PRACTICED

LAW WITH HIM

KNEW

IN OUR HEARTS

POSSESSED

THAT STEVE

THAT COMBINATION

- SOUND JUDGMENT

- DILIGENCE

GRIMES

OF CHARACTER

- WISDOM -

INTELLIGENCE

INDEED

- AS A LAWYER

EXPERIENCE

- INNATE

- SOCIAL

UNDERSTANDING PHILOSOPHICAL VISION -

AND LEGAL CRAFTSMANSHIP WHICH IS A

PREREQUISITE TO BECOMING AN OUTSTANDING

JURIST.

WE HERE ASSEMBLED TODAY KNOW -

WITH SUBSTANTIAL SUPPORTING FACT THAT

STEPHEN HENRY GRIMES POSSESSES THOSE

QUALITIES.

I WAS HONORED TO

PARTICIPATE

IN THE INVESTITURE OF

JUSTICE

STEPHEN

HENRY

GRIMES

- I PROCLAIMED

HIS POTENTIAL

FOR SERVICE

AS A JUSTICE

THE FLORIDA

SUPREME

COURT

WAS VERY

- BUT ADMITTED

THAT IT WOULD

YEARS

FOR HIM TO EARN THE TITLE OF

"GREAT JUSTICE."

THAT

OF

GOOD

TAKE

IN 1987

- WHEN

AFTER

HIS ELEVEN

YEARS

AS A JUSTICE ON THE FLORIDA SUPREME

COURT THE MOST PRESTIGIOUS JUDICIAL

OFFICE OF THIS STATE STEPHEN HENRY

GRIMES HAS EARNED THE TITLE OF A "GREAT

JUSTICE" FOR HIS YEARS OF DEDICATED AND

DISTINGUISHED SERVICE AND I PROUDLY

PRONOUNCE TODAY THAT STEPHEN HENRY

GRIMES CAN PROPERLY TAKE HIS PLACE IN

JUSTICE"

FLORIDA

SUPREME

COURT.

BY EDUCATION

APTITUDE

- BY EXPERIENCE

- BY

- BY DEMONSTRATED CHARACTER -

BY THE VERY NATURE

OF THE MAN

- STEVE

GRIMES

SERVED THE

FLORIDA

SUPREME

COURT -

AND THUS THE ENTIRE

STATE

OF FLORIDA -

IN SUCH A WAY THAT HE PROPERLY AND

HISTORY

AS A

"GREAT

OF THE

RIGHTLY JOINS THE MORE MAGNIFICENT OF

THE GREAT JUSTICES WHO OVER THE YEARS

HAVE GRACED THE SUPREME COURT BENCH.

MOST IMPRESSIVELY STEVE GRIMES

A GREAT AND LIKEABLE HUMAN BEING.

HE IS

DEVOTED TO HIS FAMILY TO HIS CHURCH -

TO HIS COMMUNITY AND TO FLORIDA. HE

IS AN INDIVIDUAL WITH STANDARDS OF

UNBLEMISHED MORAL INTEGRITY AND PROPRIETY

- AND WITH THE HIGHEST POSSIBLE ETHICAL

STANDARDS.

IN MY PERSONAL JUDGMENT -

AS BOTH A LAWYER AND JUDGE STEVE

GRIMES' PROFESSIONAL CONDUCT EPITOMIZES

THE ETHICAL PRECEPTS WHICH HISTORICALLY

HAVE GUIDED THE TRULY BEST LAWYERS AND

JUDGES WHO NOBLY SERVE THE LAW -

10

THE FINEST LAWYERS

PAST AND

PRESENT.

AS ONE OF THE

MANY

LAWYERS

PRACTICED

LAW WITH STEVE

GRIMES

ALMOST

TWENTY

YEARS

-- AS A LAWYER

HAS LONG BELIEVED THAT

THE CALIBER

THIS STATE'S

QUALITY

JUDICIARY

OF THE JUSTICES

- PARTICULARLY

THE

OF OUR HIGHEST

11

WHO

FOR

WHO

OF

INCLUDING

OF FLORIDA'S

COURT IS A PRIME YARDSTICK OF OUR

CULTURE AND THE QUALITY OF OUR LIBERTY

AND PERSONAL FREEDOM I AM TODAY

HONORED TO PARTICIPATE IN THIS CEREMONIAL

SESSION FOR MY FRIEND THE GREAT JUSTICE

STEPHEN HENRY GRIMES.

STEPHEN HENRY

GRIMES HAS GIVEN THIS STATE AND ITS

JUDICIAL SYSTEM SO VERY MUCH.

12

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