FLS February Breakfast: Judge Hancock
Speaks on Dignity and Respect in Family Law Advocacy

Judge Michael Hancock’s words of wisdom (or “sermonette” as he called it) at the Family Law Section’s February breakfast provided insight into his courtroom, and not just for family law practitioners. Concentrating on professionalism, Judge Hancock expressed remorse for increasing instances of disrespect among attorneys, especially in the family law arena.

This disturbing trend, he noted, does not serve clients and sours relationships with the bench and bar. Advocacy need not be “all or nothing,” he observed, and does not mean destroying the family because of a fracture of the family unit. A “scorched earth” approach to divorce litigation is misguided, he said, fails to serve clients’ best interests, and increases the already heightened emotions in domestic cases, especially those involving custody, where the parties remain connected to each other post-divorce through their children.

Judge Hancock expressed a desire for more dignity and respect in family law advocacy, not only among lawyers, but also towards the family in the midst of a tumultuous divorce. He also reminded us that a lawyer’s “dog and pony show” creates the wrong image for clients and that such antics may be a factor in an attorney fees award.

Judge Hancock then turned to the all-important budget discussions and proposed cuts. In a democracy, he observed, all branches of government and their departments must be separate, distinct, and funded. He acknowledged the hard economic times, but insisted that all parts of government must work together. If one department suffers budget cuts while another enjoys an increase, the continuum will be off and government’s overall effectiveness will decrease. The tremendous budget cuts to the judiciary, he noted, will affect us all: fewer court personnel means more resources devoted to criminal cases, with less available to civil matters. Judge Hancock emphasized that decreasing the judiciary’s capacity while increasing police and prosecutors’ budgets fails to retain the continuum needed for a balanced system. Dockets will continue to grow exponentially as government proposals put more police on the streets, yet do not proportionately provide increased resources to the court systems to handle the burgeoning criminal docket.

Judge Hancock emphasized the importance of each of our voices in the budget discussions as citizens who have an inside view of the functioning of the justice system and an appreciation for how the system may not function as well given the recent discussions. His comments suggest that we not only have a duty to our current clients, but also to those who may be clients one day. Judge Hancock’s “sermonette” also reminded us that the judicial system belongs to all citizens, and each of us must work to protect it so that justice may be served as intended by the Constitution rather than crippled by politics.

The Family Law Section breakfast meetings are held monthly in the Harrison Room at the historic Old Courthouse in downtown Decatur. All are welcome.