An Interview With
Judge Mary Spencer McGowan By Megan E. Wooster Originally published in the Winter 2014 issue of In Brief
Circuit Judge Mary Spencer McGowan currently presides as the Sixth Judicial Circuit Judge, Ninth Division, in Little Rock, Arkansas. She is a Shawnee, Oklahoma, native who has resided in Arkansas for the majority of her life. Judge McGowan received her B.A. from the University of Texas. Thereafter, she worked for the Congressional Research Service in Washington, D.C. Although she contemplated attending law school at Georgetown University, Judge McGowan ultimately decided to return to the South, where she attended law school at the University of Arkansas School of Law in Fayetteville, Arkansas. After graduating from law school, Judge McGowan accepted a federal clerkship position for a U.S. District Judge, which sparked her interest in the judicial system. Judge McGowan’s strong interest in politics and desire to serve her community influenced her decision to run for judicial office. After a successful judicial campaign, Judge McGowan was elected to the bench in 1990.
Are there frequent mistakes that you observe young attorneys making in your courtroom? Why do you believe young attorneys are making these mistakes? Theory of the Case: Young attorneys are not spending enough time developing the theory of their case. In other words, young attorneys are not developing the story that they are trying to convey. Young attorneys should not come to court and expect to only elicit testimony from witnesses. Young attorneys need to spend adequate time considering their client’s goals and developing a plan to achieve those goals. Young attorneys need to feel comfortable explaining to their clients that, “you are not going to get everything you want,” if that is the likely outcome. Young attorneys need to remember that they are counselors at law; communicating potential outcomes to clients is part of the counseling aspect of being an attorney. I feel that the counseling aspect of being an attorney is often overlooked. Similarly, I feel that law schools do not spend adequate time training law students how to counsel their future clients. Art of Persuasion: I also believe that young attorneys are not actively crafting the art of persuasion. Young attorneys can be effective and persuasive without being overly aggressive or disrespectful. I have observed young attorneys being disrespectful and aggressive with witnesses, opposing counsel, and the court. I feel that the skill of persuasion is not being taught in law schools. I believe that young attorneys’ lack of skill
and knowledge combined with the pressures they are under can result in aggressive behavior. This combination of factors ultimately makes the young attorney less effective in the courtroom. Objections: Young attorneys are often unable to state a basis for their objections. It is common for a young attorney to say, “objection,” but then when I asked the basis for the objection, the young attorney is unable to provide a basis. The “relevancy” objection is the objection that young attorneys most frequently state when they are uncertain of the grounds for the objection. There must be proper grounds for an objection to be made. I have rulebooks available in my courtroom for reference. As a young attorney, it is better to be prepared for trial. If you need to bring a rulebook or checklist with you so that you can remember the available objections, do it. Also, it is important to remember to stand up when you are making an objection. Young attorneys often fail to stand up when they address the court. When addressing the court, it is proper to stand up to show respect for the court and so that the judge can clearly hear your voice. Seasoned trial lawyers are able to effectively use objections to interrupt the flow of damaging witness testimony or to distract the jury; however, to use this trial tactic, you need to have years of experience and be certain that you know exactly how to effectively state the applicable objection.
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