December 2006 Briefly
Potential Conflict Between Rap Music and First Amendment Posed to 2,500 Students Through Interactive BroadcastBar-Drafted Measures Readied for Introduction Before Missouri General AssemblyLawyers Assistance Programs Offer Help to Lawyers During the Holidays - And Any Time of the YearWhen Lawyer or Their Families Need Help
Potential Conflict Between Rap Music and First Amendment Posed to 2,500 Students Through Interactive Broadcast
“It will ruin your reputation,” warned a school administrator. His e-mail message went on to note that The Missouri Bar produces quality programs to help students and teachers learn about the law, citizenship and the Constitution . . . but this program was a bad idea.
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St. Louis rap artist Potzee was featured on the December 15 Bill of Rights Day broadcast. |
To the bar staff that planned it,
Music, Freedom and the Bill of Rights sounded like a good name for a Bill of Rights Day program. But it wasn’t the title that the administrator was anxious about. It was the details of the program. The Missouri Bar was inviting all high schools to take part in an interactive Internet broadcast that featured an up-and-coming rap recording artist from St. Louis. The rapper, Potzee, has been the opening act for Nelly, performing his own songs in clubs from coast to coast. He has a contract with a major label and is currently on the road promoting his newest song.
The thought of opening school doors for a rapper to bring his music and message to students didn’t deter 60 high school teachers or administrators from registering for the free program, which was carried live over the Missouri School Boards’ Association Education Internet-based TV network, ESGN-TV.
On Friday, December 15, Bill of Rights Day, more than 2,500 Missouri students at high schools in all parts of the state – from Bernie to Centralia, from Chilhowee to Springfield, from St. Louis to Kansas City – had the chance to ask Potzee about rap music, censorship and the limits of freedom. They emailed their questions to the Missouri School Boards’ Association studio, where a moderator (Brent Ghan, communications director of the MSBA) read them to Potzee and the other panelists: Charlie Harris, Jr., the president-elect of The Missouri Bar; University of Missouri-Columbia School of Law Professor Douglas Abrams; and Barbara Graham-Alexander, Potzee’s attorney, who is also chair of The Missouri Bar’s Sports & Entertainment Law Committee.
Although they had their questions about the Bill of Rights answered, the students also learned that stereotypes are a poor substitute for knowledge of other people. Potzee explained how there is a wide range of rap styles, and that not all rap is gangster rap. He talked about how he imposes some limits on his lyrics because he respects his audience, which includes his mother and even 80-year-olds. But he made it clear that he has to remain true to his interpretation of the world around him, a world that is very different from the Norman Rockwell view of America.
For 50 minutes the panelists shared their points of view and their understanding of the First Amendment with each other and the 2,500 students who viewed the program.
“Is rap a detriment to society?” asked one of the students. “No, it’s an art,” said Potzee. “It’s a way of expression for me, and it’s a way for me to take care of my family.”
Professor Abrams reminded the students that the First Amendment is there to protect the rights of those who have ideas that aren’t popular. “The majority doesn’t need the First Amendment,” he said, “If you want to say something unpopular, that’s when you need it.”
Because the response to the program was so positive, copies of the program will be made available to other social studies teachers in Missouri.
Bar-Drafted Measures Readied for Introduction Before Missouri General Assembly
When the men and women who make up Missouri’s General Assembly pack their bags, leave their homes and head to Jefferson City early next month for the start of the five-month 2007 legislative session, they know they will face a barrage of proposals for their consideration. Among them will be several measures drafted by various committees of The Missouri Bar.
Bar committees have proposed, and the Board of Governors has approved, legislative proposals that they hope will be enacted into law during this year’s session, which runs from January 3 to May 18. These include:
• A revision of statutes defining animal neglect (Animal Law Committee);
• Authorization for environmental commissions and the Administrative Hearing Commission to render decisions based on summary determination (Environmental & Energy Law Committee);
• A uniform approach to the interpretation and construction of premarital agreements so that the law can be consistent within the state and with neighboring states (Family Law Committee);
• Amendment of the Uniform Interstate Family Support Act, which has already been adopted by Missouri, to include the amendment of 2002 (Family Law Committee);
• Adoption of the Uniform Child Custody Jurisdiction and Enforcement Act, which has been enacted by a majority of the states (Family Law Section);
• A technical correction to the Missouri Uniform Trust Code (Probate & Trust Law Committee);
• Establishment of an Electronic Recording Commission to adjust standards necessary to implement electronic recording in Missouri (Property Law Committee);
• An amendment to remove the sunset provision at the end of § 477.650, RSMo (Delivery of Legal Services Committee); and
• An amendment to change the mechanism for distribution of Legal Services’ share of the Tort Victims Compensation Fund from the “Legal Services for Law Income Fund” to the “Basic Civil Legal Services Fund” (Delivery of Legal Services Committee).
The Missouri Bar’s Legislative Process
The legislative activities of The Missouri Bar are limited to those measures affecting the administration of justice, the integrity of the judiciary, or the dignity of the profession. Any legislative position or proposal to be advocated by The Missouri Bar must be approved by a two-thirds majority of the Board of Governors, or the Executive Committee acting on behalf of the Board at times when the Board does not meet.
To ensure maximum input on legislation proposed by Missouri Bar committees, copies of measures submitted as part of the regular process established by Board policy are sent to all local bar associations for review and comment. The Missouri Bar’s Legislative Committee also studies each proposal.
The Board of Governors recognizes that there may not be complete consensus among members of the bar regarding specific legislative issues. Accordingly, any bar member who objects to a position or activity of The Missouri Bar in the legislative arena may notify the executive director of that objection and request a rebate of that portion of the member’s bar dues supporting legislative activities.
The state bar’s legislative staff is available to respond to inquiries regarding specific legislative proposals and provide copies of pertinent bills. Information on bar-drafted bills and related topics is also available through The Missouri Bar’s website, located at www.mobar.org.
Lawyers Assistance Programs Offer Help to Lawyers During the Holidays -- And Any Time of the Year
The whirl of parties and social events that naturally occur around the holidays can be a wonderful opportunity for valuable time with family and friends. However, for others this time of the year can be a challenge – especially for those who already have a tendency toward alcohol abuse, substance abuse, depression, or any number of other issues. Lawyers are no exception to this situation.
Indeed, more and more professional organizations are developing programs to assist their members with personal issues that may impinge their professional lives. The Missouri Bar is no exception. The Missouri Bar maintains a Lawyers Assistance Program, which operates in many of the same ways as employee assistance programs common in commercial companies. Every state in the United States and every province in Canada now have such programs.
Highly accountable professionals such as physicians, engineers, pharmacists, nurses, pilots, and lawyers have professional stresses that threaten their effectiveness on the job. Despite their advanced education and training, they are still human beings, and are at risk for all sorts of personal and family problems that might impair their work performance.
The Missouri Lawyers Assistance Program has been in place since 1996. A licensed counselor accepts phone calls from all over the state from lawyers, judges, law students and their families about problems that might impact their personal and professional success. The counselor assesses and refers callers to resources in their areas. At times, the counselor provides telephone counseling on an ongoing basis, and also sees clients in person at The Missouri Bar Center in Jefferson City.
Lawyers and families who contact the Missouri Lawyers Assistance Program call about problems very similar to clients from lawyer assistance programs around the country. About a third of such calls deal with substance problems, mostly alcohol. About a fourth of the calls are about marriage and family issues, and about 20% are about depression.
When Lawyers or Their Families Need Help
The Missouri Lawyers’ Assistance Program (MOLAP) is a professional, confidential counseling program designed to help law students and members of The Missouri Bar and their families who are experiencing depression, substance abuse or any other personal problem that impairs their professional or personal well being.
Because some untreated impairments may lead to ethical and professional violations, MOLAP is also intended to protect clients and the reputation of the legal profession.
Services
• Unlimited access to a licensed professional therapist 24 hours a day, seven days a week.
• Coaching
• Education and prevention designed to improve one’s quality of life.
• Clinical:
o Assessment of the presenting problem and preparation of a plan of action to remedy the problem that may include:
Counseling by a licensed therapist
Referral when appropriate
Intervention services
• Education, prevention and intervention training for law firms.
• Crisis Intervention: MOLAP will assist in coordinating crisis intervention services to individuals and law firms.
• Case Management
• Training – Regular Intervention Training is provided to members of the Intervention Committee of the Supreme Court and volunteers assisting the Intervention Committee.
Access
• Voluntary
• Third-Party
Judicial, firm, colleague or family
• Disciplinary Authority*
• Board of Law Examiners
*MOLAP will not report any lawyer to the disciplinary authorities.