Joe B. Whisler

It is hard to believe this is my last "President's Page." By the time you are reading this, my year will be nearly over. I have enjoyed being able to convey my personal outlook on the issues we face as attorneys in the 21st Century. I have heard from a surprising number of you who you have actually read my columns.

My first "President's Page" dealt with the Missouri Non-Partisan Court Plan and my second with the attempt to defeat Judge Richard Teitelman in the retention election for his seat on the Supreme Court of Missouri. I have received a lot of criticism about my role, and that of The Missouri Bar, in this regard. I offer no apology for any of this. As the Comment to the Rules of Professional Conduct says: "To maintain the fair and independent administration of justice, lawyers are encouraged to continue traditional efforts to defend judges and courts unjustly criticized."

This begs the question of what is unjust criticism. I believe that certain of the last-minute attacks on Judge Teitelman were so untrue that no person of good faith could believe they were true, or just. At the same time I believe that judges should most certainly be subject to criticism for their performance in office, whether they serve under the Missouri Plan or are elected.

We were unprepared for the attacks when they came and were fighting a rearguard action from the first day of the attacks. Immediately after the election cycle, I asked the Board of Governors of The Missouri Bar for authority to set up a "blue ribbon" commission to address the issues of what is fair criticism and how to preserve the Missouri Plan. I was given that authority. I asked the Honorable Ann Covington of St. Louis and R. Lawrence Ward of Kansas City to head that panel. The remainder of the panel was chosen with a view toward obtaining a broad spectrum of political thought. I can not start singling out members of the commission for particular notice, because I would not know where to stop. It is certainly fair to say that members with a more conservative viewpoint had a strong influence on the work of the panel and its final report. The work product was extraordinary. It will be presented to the Board of Governors at its meeting on July 22, 2005. I am hopeful that the Board will adopt the report. I plan to have most or all of the report published in the Missouri Bar Bulletin on its next printing after Board approval. The beneficial result of this is that the next time (and there will be one!) this issue arises, the leadership of the bar will have a template to compare against whatever issue has arisen. When you read these documents, you will see that much attention was given to what level of criticism must occur before the bar should even consider a response, as well as the timing and nature of any response. The report also addresses the way we should inform the public about the Missouri Plan and its benefits. As I told the commission, no one could have afforded to hire the members of the commission to do the work they have done for no compensation, and I will be eternally grateful for their time and sacrifice.

One of the problems in our response in November of 2004 was our lack of funding for any meaningful response in the media. The Missouri Bar is not able to do fundraising for this sort of issue. I have been informed that a not-for-profit, non-partisan, charitable organization known as the Missouri Law Institute (MLI) has been recently formed as an IRC Section 501(c)(3). The Missouri Bar has played no part in this and has no role in MLI. Its goals are public education, public outreach, research, analysis and program development toward non-partisan advocacy for the rule of law and independence of the judiciary. I anticipate you will hear more about this as things progress.

It is said that God laughs when men make plans. My plan for my year as president was to update, improve and circulate our Durable Power of Attorney For Health Care and Advance Health Care Directive. The project was named the Lotus Project in memory of my late mother-in-law, Lotus Murphy, who died, before her body did, of Alzheimer's disease. Lotus did not have any sort of written health directive. Her end-of-life struggle created great hardship and disagreement among her children. This pain can be avoided for you and your family by simply discussing your wishes while you still can with your family and filling out the form.

This form is available for free from The Missouri Bar. It can also be downloaded from www.mobar.org. That my plan came to fruition during the Terri Schiavo controversy was fortunate. Although the Schiavo family suffered a tragedy, I hope it is in part made worthwhile by the fact that nearly 45,000 people visited our web site and likely downloaded the form. You do it for your family, not yourself, so please make sure you give this great gift to your children, spouse, parents and the rest of your family.

I have been trying to find the best way to express my thoughts as I leave office. I can not improve upon just saying that it has been my greatest honor to have had the opportunity to represent the members of the best bar association in the United States, The Missouri Bar. Thank you for this great opportunity.