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Indiana Judges Association: Judges need to take control of cultural standing

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ija-dreyerInternet meme (pron.: / ’mi:m/MEEM): a concept that spreads from person to person via the Internet. Meme was coined by Richard Dawkins in his 1976 book “The Selfish Gene,” as an attempt to explain the way cultural information spreads; Internet memes are a subset of this, specific to the culture and environment of the Internet.

Have you ever Googled “lawyer dog”? If you do, be prepared to see a limitless line of websites all featuring identical photos of the same canine seated behind his desk, along with various one-liners related to the law, dogs and just silliness. (“The judge is a man? We’re golden. I’m man’s best friend.”) Such phenomena are presumably what people mean when they mention the word “meme.” Although it was originally invented as a pseudo-academic name for social symbols, words or ideas that emerge and represent part of a culture (like the peace sign), it has apparently been appropriated by humans’ computer habits. Some thinkers now believe the Internet is the only way that memes, or any cultural activity, are invented, perceived or have any impact on people. On the other hand, many avid Internet activists today use “meme” to merely describe anything that is currently popular on the Web. Some consider memes as just updated versions of stereotypes, only spreading much quicker. But here’s the problem: What if the meme becomes the message, that is, becomes so ubiquitous that it gets stuck in everybody’s mind – whether we like it or not – or whether it deserves to be?

Sometimes meme activity just happens in speech and practice, like using “Google” as a verb. Commentators sometimes use “meme” to characterize broad popular images, like a quarterback dating a cheerleader or a judge who is male with gray hair. More commonly, running Internet jokes, forwarded photos, satirical YouTube videos, open-ended questions and posted answers, etc., all creep into some part of our public observation and thinking. Hence, “lawyer dog” and the like. When this happens, no one yet knows the result. The Economist, a leading international journal, recently featured studies implying memes not only affect individual behavior, they shape entire societies.

Lawyers and judges are prominent meme creators. In fact, the language of law itself is perhaps the ultimate meme:

“All men are created equal.” But not all memes are created equal.

“Life, liberty and the pursuit of happiness.” Couldn’t they have added “regular vacations” as well?

“Right to remain silent.” If only more lawyers would take advantage of this.

“I cannot recall at this point in time.” 1970s Watergate lawyers developed this perjury-avoidant answer for clients testifying to Congress. It is still heard by judges every day.

“I know it when I see it.” Yogi Berra could not have said it any better.

The non-lawyer world unfortunately has found its own legal memes, and they are not as entertaining as “lawyer dog” sites. In fact, they should serve to alarm us, especially considering the instant power of memes. Pondscumandlawyers.com is a fairly typical example. It routinely ridicules lawyers with a different joke each day. The website is not necessarily popular, but its method is pervasive. The basic lawyer meme is anything that shows lawyers as rude, greedy, arrogant or just plain dishonest. This means that lawyers and judges are culturally misperceived. For lawyers, this may not be such a serious issue because clients and fees will come as long as there are people with problems. But the world depends upon public confidence in judges – and judges can do little to control the meme effect of the Internet.

The good and bad news is that Internet memes can be created and spread by anyone. So why shouldn’t we judges create memes to control our cultural standing? For example, why not post a succinct video of a judge talking about his or her job? It should promote a meme-like slogan, like “We’re judges, but we’re not judgmental.” Maybe we can spread the stories of judges who have given their lives in Mexico and Eastern Europe, in the name of justice, by finding an image of one grieving relative and asking for public comment? Perhaps we try to start a popular legal blog and forum where real judges answer questions about the system, what it’s like to be a judge, etc. As far-fetched as it can appear to those of us who were trained by actual books, the world today learns as much from Internet memes as anything else. Whether we like it or not, we judges risk peril if we avoid these realities.

All in all, law will not be decided by the Internet – at least not yet. So judges and lawyers will still have to think, write and argue just as before. Memes are part of our cultural experience and can form the basis of contemporary thinking. But law is more than contemporary culture. Judges may have to proactively market an accurate image to the public, but memes will never take the place of a fact well-proven or a judgment well-reasoned.•

__________

Judge David J. Dreyer has been a judge for the Marion Superior Court since 1997. He is a graduate of the University of Notre Dame and Notre Dame Law School. He is a former board member of the Indiana Judges Association. The opinions expressed are those of the author.
 

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  • Point Smith
    I concede, point to JS this round!
  • Less marketing more truth
    No lawyers are not the source of political correctness movement. Who is? I don't know for sure, but here is what William Lind says http://www.academia.org/the-origins-of-political-correctness/ As for who is the source of greed, the hallmark vice of lawyers, is it not our fallen nature? And the lawyers & politicians that founded this republic and disseminated such memes as "all men created equal" etc. down the decades right on up today, were not so much lawyers as plutocrats, marketing strategic wars for dominion in order to enlist the gullible colonials as cannon fodder. Maybe we need less memes and marketing and clever stuff like that and more plain simple Truth & Justice. As for who first told me there was no such thing as truth I recall that was a professor. Back to Bill Lind...
    • Caution, your honor, assumptions can make ...
      "The basic lawyer meme is anything that shows lawyers as rude, greedy, arrogant or just plain dishonest. This means that lawyers and judges are culturally misperceived." ASSUMPTION: That most lawyers and judges are just as reported. It that justified? What has the rise of the legal class since WWII done good for America? Has not our profession brought much of the modernist ills in governance, and is not most government corruption, financial or ideological (i.e. PC movement) not the fault of attorneys, by and large? Here is what Old Slewfoot has to say about that, and he is quite the expert witness: http://www.youtube.com/watch?v=z6bC9w9cH-M

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      1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

      2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

      3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

      4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

      5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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