“What a man he must have been to rise… from where he started… to those heights. And to have the intellectual honesty to do what he thought was right in the courtroom, regardless of the consequences.”
DAVID A. COOK
David A. Cook, an alumnus of the University of
This past December marked one year since Shelby
Memphis School of Law and president of the
County signed an agreement to avoid a costly, drawn-
Hardison Law Firm, has become a local expert on
out lawsuit with the U.S. Department of Justice. The
Fortas. He recently conducted research for a CLE
Memorandum of Agreement was the result of a five-
he presented about his fellow Memphian. Cook
year DOJ investigation of the Shelby County Juvenile
acknowledges that even though historical accounts of
Court. The Justice Department charged that
Fortas’ life always end with his alleged wrongdoings,
the Court failed to uphold due process for
there is much more to admire about the courage this
children, and that black children were not
brilliant attorney displayed in the courtroom.
provided equal protection from the law.
“Fortas has been vastly overlooked, and it’s regrettable
Today, a majority opinion written four decades
that his public career came to a conclusion,” says
ago by a Supreme Court justice from Memphis
Cook. “But what an individual. What a man he must
reminds us what a fair justice system should
have been to rise… from where he started… to those
look like, especially for our children:
heights. And to have the intellectual honesty to do what he thought was right in the courtroom, regardless of the consequences.”
arbitrariness.’ Gault, 387 U.S.
Cook with the Fortas research. Francis admits that
at 18. Gault focused not on
until recently, he didn’t know Fortas was from
creating a system of rigid
Memphis. That’s something he’d like to see change
formality, but on ensuring
for everyone.
that juveniles were afforded
the city,” says Francis.
Much like the city of his birth, Fortas’ life is complicated and, in places, troubling; yet, his impact on our country is profound. His story does not fit neatly into the template for “Local Boy Does Good,” but Abe Fortas may very well be the most remarkable Memphian of our time.
established principles of due process resulted
year associate with the Hardison firm and assisted
United States should receive more recognition in
Civil Rights Division, April 26, 2012).
juvenile courts, noting that ‘departures from not in enlightened procedure, but
Memphis to sitting on the Supreme Court of the
County Juvenile Court, U.S. Department of Justice
“Gault expounded upon the deficiencies in
Hugh Francis, a 2013 Memphis Law grad, is a first-
“I would think that anyone who could make it from
self-incrimination” (Investigation of the Shelby
the protections of due process. In essence, the Court outlined important constitutional proces—the right to counsel, the right
In the last few years, Fortas’ work has received a great
to notice of the charges,
deal of attention in his hometown. The majority
the right to confront
opinions delivered by Fortas in Kent (1966) and In
witnesses and the
re Gault (1967) have guided the investigation and
right to be free
reforms of Shelby County’s juvenile justice system.
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