My very first trial was a DWI case before Judge William Scarborough. I reviewed my law school CliffsNotes on probable cause and the elements of the crime. I was ready. Or so I thought. On direct examination, the officer testified that he stopped my client’s car because there were sparks flying from underneath his car. “Was this probable cause to stop the vehicle?” Also, I learned that apparently no field sobriety tests were given at the scene.
When it came time for my cross examination, I asked the officer, “So you pulled over the defendant just because you saw sparks coming from underneath his car, is that right?”
“Yes,” the officer replied.
Mistake No. 1
“And officer, why were there sparks flying from underneath the car?”
“Because your client was driving 45 mph. down Wilkinson Boulevard, straddling the median and his car’s tailpipe was banging on the concrete.”
Undaunted by the laughter in the courtroom, I asked, “And you did not give him any sobriety tests at the scene – did you?”
“I did not.”
Mistake No. 2
“And why not?”
“Because your client was so intoxicated, he was unable to stand when we got him out of the vehicle.”
After my client was appropriately sentenced, Judge Scarborough asked me to approach the bench. “Son,” he began, “It’s best not to ask a question unless you know what the answer is going to be.”
His sage advice has boded well for me over the years. But sometimes you must ask questions, even though you may not know all the answers.
Recently, you received the news that we are selling the Bar & Foundation Center and are looking for a new home. This was a very difficult decision. We reviewed the cost and utilization of the building as well as the transition of the surrounding business park to a residential subdivision. We began to ask questions even though we did not know all the answers.
I am so proud of the work, dedication and contribution that so many members of our Bar and staff sacrificed to make the Bar Center a reality. All Bar members owe these MCB pioneers a great deal of gratitude and appreciation. In my mind, building the Bar Center was the right decision, at the right time. However, if nothing else, COVID-19 taught us that much of our work and activities can be accomplished in virtual ways that were never dreamed of when the existing Bar Center was constructed. For example, when the State Bar relaxed rules on the number of online continuing legal education courses that we could take; CLE in our pajamas became “a thing.” Notwithstanding the fact that more CLEs can be taken virtually, I hope we continue to find ways to share classes and events together – in person.
Additionally, a large portion of the MCB financial resources is being used to pay the mortgage, utilities and maintenance on the Bar Center at a time when the building remains mostly vacant. We have an obligation to be good stewards of the MCB’s assets.
So, with all deference to the late Judge Scarborough, there are questions that we are asking even though the answers may not be immediately apparent. Questions like: Where will we move? Will moving impact the services our Bar offers?
We may not yet know the answer as to where we will be, but the MCB will continue to have a physical location that accommodates our needs. We have already begun to explore possibilities for our new home. We believe that moving forward, we will be able to offer even more benefits to our members with this change.
As we look towards the future for the MCB, soon to be in its 110th year, I ask for your continued support and patience.