Tough Mudder Here I Come

Someone please check my sanity!  I recently signed up to compete in the Tough Mudder on February 11, 2012 at the Aonia Pass in Georgia.  For anyone who knows me, it is no surprise I will need every bit of the next 7-8 months to train for this adventure.  Believe it or not, I am truly excited to compete in this challenge.  I know it will change my life forever.  I will be racing the Tough Mudder with several of my brother-in-laws, my father-in-law, and a few other family members.  I cannot think of a better group of guys to go to battle with than these warriors.  For those of you who are interested, you can check out what I got myself into at http://www.toughmudder.com/.

Why A Prosecutor?

To know me is to know what I stand for and what I believe.  I am a family man who loves and adores his wife and children.  I am also a man of faith whose religious beliefs are at the center of his every action.  Am I perfect?  No!  But I do strive to live a life of principle, character, and integrity.  As Abraham Lincoln once stated, "[n]early all men can stand adversity, but if you want to test a man's character, give him power."  He also stated, "[c]haracter is like a tree and reputation like its shadow.  The shadow is what we think of it; the tree is the real thing."  Abraham Lincoln has always been one of my heroes.  I have chosen to follow in his footsteps and pursue the noble practice of law. 


I am a prosecutor by trade.  It is a noble and honorable profession met with challenge and adventure.  I love what I do.  I truly believe there is much good in what I do.  There is no better feeling than helping those that cannot help themselves.  I once read an article that perfectly defined what I do as a prosecutor and why I do it.  I cannot think of a better introduction to what it means to be a "Lincoln" lawyer and a prosecutor than the following article:

Atticus Finch, Prosecutor

By Barry Matson, Chief Prosecutor ACFL

This article first appeared in the Alabama Prosecutor back in 2003 and was later publish nationally in the Prosecutor Magazine. It is republished here today and dedicated to the only person in the justice system that actually seeks justice, the tireless prosecutor who give of themselves everyday in that pursuit.

When asked why he or she took a job in the District Attorney’s office, the first answer out of a prosecutor’s mouth is almost always, “For the trial experience.” Still others come to build political equity or to command attention. This is certainly not the case for everyone entering the prosecution arena; many come because of a desire to help make a difference in the communities in which they live. Regardless of the reason we come to the profession of criminal prosecution, if we stay long enough we learn a lot about ourselves and what kind of person it takes to do this job and make a career of it. A great prosecutor once told me to never let a verdict determine if I had done a good job. In other word, success is not measured by your destination; it is the journey itself that defines our value. How we carry ourselves on that journey determines what kind of person we will become.

My son David (13) and my daughter Rachel (8) and I, love to watch old movies. One of our favorites is, “To Kill a Mocking Bird”. I am sure you know the story of Scout and Jem’s father, Atticus Finch. In the fictional town of Maycomb, Alabama, Finch decides to take on a case involving a black man named Tom Robinson who has been accused of raping a very poor white girl named Mayella Ewell, a member of the notorious Ewell family. The Finch’s face harsh criticism because of Atticus’s decision to defend Tom Robinson, but Atticus insists upon going through with the case because his conscience could not let him do otherwise. Both Scout and Jem face whispering taunts and ridicule from family and town members because of the position taken by their father.

My daughter Rachel has always reminded me of the character of “Scout”. She not only resembles the fictional “Scout”, but she also shares some of her precociousness and carefree spirit. She is never at a loss for words nor is she afraid to mix it up with the boys in athletic contests. For this reason I gave Rachel the nickname of “Scout” several years ago. One hot summer afternoon, a year or so ago, I called her to come in from playing. I yelled out, “Scout”! She answered with, “I’m coming Atticus”, and I laughed. When she came in I asked her why she had called me by Atticus. She said, “You’re a lawyer like Atticus in the movie”. I reminded her that although I am a lawyer by profession, the character in the movie that shares my job was the other lawyer, not Atticus Finch. She paused for a moment a pondered what I had said. Looking at me with her big brown eyes, she said, “but he was not after the truth and you say all the time that you are all about the truth, why aren’t you Atticus Finch”?

I hear the same tired lawyer jokes you hear. I also hear the same call from the legal profession for a champion of character that you hear. The profession cries out, where are the Atticus Finchs’ of the world. Criminal defense attorneys claim that banner as, “seekers of justice”, but we know they are mere advocates of what ever position the person that hired them has taken, and true justice is the last thing they want. With this in mind, I have often reflected on the exchange between my daughter and me, since that hot summer day. I have come to the realization that if the world is truly looking for a modern day Atticus Finch, it need look no further that the career prosecutor. Although it makes good theater and Hollywood loves to portray the lone criminal defense attorney as David against the Goliath of the State. We [Prosecutors] know otherwise. We are the voice of the voiceless and the only person in the justice system sworn to seek justice. The American Bar Association Standards for Criminal Justice as cited by the National College of District Attorneys states, “The prosecutor is both an administrator of justice and an advocate . . . The duty of the prosecutor is to seek justice, not merely to convict”. We have all taken the oath to carry the burden of proof and we take it serious. We are called upon every day to make decisions that affect the lives of not only our victims and defendants, but our entire community. We draw a line in the sand of human tolerance and say enough is enough.

If the story of Tom Robinson were written today, I have no doubt that Atticus Finch would be the District Attorney or a staff career prosecutor. With community pressure mounting and an element of society wanting Tom’s head on a platter, Atticus would again be called on to make a hard decision. Faced with the evidence or lack of evidence, District Attorney Finch would add the case to his already overcrowded Grand Jury Docket. Mayella Ewell and her father would be subpoenaed. The local law enforcement agency would have conducted a thorough investigation. The Department of Forensic Sciences would have examined all scientific evidence and issued reports. Mayella would be sworn, as would be her father. After a complete examination, the Grand Jury would do the right thing and No Bill the case. Then District Attorney Finch would open a perjury investigation into the Ewells. District Attorney Finch would be called all manner of things in the court of public opinion, but an injustice would be prevented. The book might not be as long and it probably would not win a Pulitzer Prize. Mr. Gregory Peck would be short one Academy Award, but truth would win out and the right thing would be done. This scenario is played out every day in District Attorneys Offices all over this country. Atticus Finch can be found where a young Assistant District Attorney decides to charge a well known individual in her community, because she knows the facts and evidence call for it, even though she knows her decision will be unpopular and will strain her relationships in the community. Atticus is there when a District Attorney and his Deputy indict a long time public official they have known all their lives and grew up with his children. They know as bad as they feel, they would feel much worse if they had not indicted, because it was the right thing. In another area, a career prosecutor declines a warrant even though he knows the decision to charge would be popular, he also knows a key witness is lying, and he further knows there is exculpatory evidence. If he charged, he may still win, but justice would not be served.

It has been understood, since the very first appointment of a prosecutor in America, that the person holding that position must be cut from a different bolt of cloth. In 1704 a Connecticut statute set forth the first prosecutorial office in that colony. It stated:  Henceforth there shall be in every county, a sober, discreet, and religious person appointed ... to be the attorney for the Queen, to prosecute and implead in the law, all criminals and to do all other things necessary or convenient as an attorney to suppress vice and immorality.

Perhaps one of the greatest statements regarding the professionalism of those involved in prosecution came in 1940 when Attorney General Robert H. Jackson addressed a conference of United States Attorneys. He said:  “The qualities of a good prosecutor are as elusive and as impossible to define as those which mark a gentleman. And those who need to be told would not understand it anyway. A sensitiveness to fair play and sportsmanship is perhaps the best protection against the abusive power, and the citizens’ safety lies in the prosecutor who tempers zeal with human kindness, who seeks truth and not victims, who serves the law and not factional purposes and who approaches his task with humility.”

In the story, “To Kill a Mockingbird”, Atticus tells Scout that you never really know somebody until you crawl up in their skin and walk around for awhile. Only another prosecutor can truly understand the burden that we carry and likewise, only another prosecutor can understand the joy and satisfaction we gain from our profession.

We must, as professional prosecutors, remember our fundamental obligation to ourselves, our victims and the public we represent. We are to be firm and uncompromising in our principles, with fairness and honesty as our standard.

Yes Scout, we are all about the truth, and Atticus Finch’s office is now in the Courthouse.

The Alabama Prosecutor, July 2008, pgs. 3-5.