Memphis Law Magazine - Summer 2014

Page 29

“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.

from compulsory 28


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