FROM THE BENCH
LEADERSHIP: DOING THE RIGHT THING
By Mary G. Diehl
Judge, United States Bankruptcy Court
Northern District of Georgia
L
David N. Schaeffer, Atlanta Bar Association Past President (2009), Harold E. Franklin Jr., Atlanta Bar Association
Current President (2015), and Joan C. Grafstein, JAMS
Sally Hogsette, Atlanta Bar Foundation Past Executive Director (2009-14), Diane O’Steen, Atlanta Bar Association Past Executive Director (1965-2013) and William D. deGolian, Atlanta Bar Association Past President (2002)
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April 2016
awyers frequently ask me whether being a judge is isolating. The idea that accession to the bench means the
termination of numerous friendships, social relationships
and bar activities is widespread. It can be isolating if the judge
lets it be. It is important to remember that judges have unique
insights into the justice system and are in a position to further
its goals. Indeed, the Committee on the Codes of Conduct
for the Federal Judiciary encourages judges to participate in
open-member bar associations and other organizations which
are dedicated to making improvements in the legal system and
in the administration of justice. Quite simply, being a leader
in improving the justice system is part of the job description.
Ask any bankruptcy judge in Georgia and you will hear that
“being a bankruptcy judge is the best job in the world.” Unlike
our state court counterparts, we do not have to be re-elected
periodically. Unlike our federal district and appellate court
colleagues, we have no criminal dockets. And we are blessed
to have the bankruptcy bar – both consumer and business
bankruptcy lawyers – as the group to assist us in our work
both on and off the bench. For me, the bench presented new
opportunities for engagement and leadership. Judges are
frequently asked to speak to groups of lawyers and other professionals about substantive issues as well as on the subjects
of ethics and professionalism. While I participated in a number
of CLE’s during my time as a practicing attorney, the speaking
requests have markedly increased since I took the bench. It
is an activity that I not only enjoy but is one that makes me a
better judge. I have to learn the law about which I have been
asked to speak and I am always paired with professionals who
teach me a great deal. Additionally, my contact with lawyers
makes me aware of the business climate in which they now
practice – a landscape which has changed markedly in the
12 years I have been on the bench. That can be an important
element in understanding the cases presented to me.
I currently have the privilege of serving as President of the
National Conference of Bankruptcy Judges, the national
organization which represents approximately 400 of the 450
active and recalled bankruptcy judges in the country. I did not
get elected to that position because I am smarter than my colleagues or because I am a better judge. I was selected because
I have always been willing to say “yes” when I am asked to
serve on a committee, chair a group, solicit colleagues for
participation, advocate for a position or otherwise put myself
out front. I have a number of other leadership roles in national
organizations in the bankruptcy field: I serve as vice president
of the American College of Bankruptcy and as a member of
the Board of Directors of the American Bankruptcy Institute
and the Board of Trustees of the Turnaround Management
Association. Again, the request for me to serve was most
likely because there was a need for a judge and they knew I
would accept. The best way to become a leader is to express
willingness to serve.
The Atlanta Bar was the organization in which I first was called
to serve as a Leader – as Chair of the Bankruptcy Section from
1991-1992. As an officer of that section, I became friends with
numerous bankruptcy lawyers who I would otherwise have
known only as adversaries. Perhaps most notably, I was the
next in line after David Pollard, the lawyer after whom the
Bankruptcy Section’s professionalism award is named. David
led by example—a calm, measured approach to everything
we had to do. He was universally admired because he treated
everyone with empathy and kindness. Those characteristics
describe leaders in the Bar and I have aspired to emulate that
approach. A management consultant, Peter Druker, famously
said that management is doing things right; leadership is
doing the right things. I urge my colleagues to engage and to
do the right thing. ■
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER
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