President’s Message by Kevin E. Martingayle Work Together for Our Profession and the Public “An independent judiciary and a vigorous, independent bar are both indispensable parts of our system of justice.” In Re: McConnell , 370 U.S. 230, 236 (1962). This quote from the United States Supreme Court in an opinion handed down more than fifty years ago was delivered in the context of a dispute between a lawyer and a judge. In reversing a summary contempt order against a lawyer who had clearly irri-tated a trial judge in the process of “presenting his client’s case strenu-ously and persistently,” the Court determined that such conduct “cannot amount to a contempt of court as long as the lawyer does not in some way create an obstruction which blocks the judge in the performance of his judicial duty.” Id. Over the years, much has been written and said regarding the duty to provide clients with zealous represen-tation while also doing so ethically and with civility. To be sure, this is a delicate balancing act that will always be a hot topic in a system of justice that must address, manage, and resolve conflict. However, I believe that the quote from In Re: McConnell is actually quite relevant to more recent challenges that will require our individual and collec-tive attention in the coming weeks, months, and years. During Irv Blank’s tenure as pres-ident of the Virginia State Bar (2010–11), he was forced to handle two unexpected crises. Specifically, as a money-saving measure, the General Assembly decided not to fill judicial vacancies as they occurred across the commonwealth. Then there was a budget proposal from the executive branch that would have reallocated millions of dollars from the state bar’s reserves to address general state financial problems that were not caused by the judicial branch or bar. Fortunately, we had a strong, energetic state bar president who rallied sup-port across Virginia, convinced the legislators to fill many judicial vacan-cies, and helped thwart the attempt to reassign our funds. These problems taught us several valuable lessons. First, not everyone in government sees the judicial branch as being equal to the other branches. Not everyone understands how essential the judicial branch is. When such misguided or misinformed views surface, we have to be ready to address them and edu-cate those who do not understand the critical role filled by each branch of our government. Second, when members of our profession organize, unite, and work to achieve a goal, a lot can be accom-plished. Although there are fewer lawyers in the General Assembly than in times past, we still carry clout and have influence, as we have proved in addressing crises affecting what we do for a living. Third, these challenges are far from over. There are still too many judicial vacancies in Virginia, and our branch of government remains under-funded. The courts and clerks’ offices need sufficient resources to operate the way that the public deserves. The state that gave birth to the Declaration of Independence and United States Constitution can and must do better. When the Supreme Court said in 1962 that an “independent judiciary and a vigorous, independent bar are both indispensable parts of our system of justice,” it was probably assumed that everyone recognizes that our “sys-tem of justice” itself is deemed to be critical, fundamental, and “indispens-able” in a civilized society. But as we have come to learn in recent years, we can take nothing for granted, and it is up to those of us trained in words, logic, and strategy to do what is neces-sary to protect the judicial branch, our profession, and those we serve. 12 VIRGINIA LAWYER | June/July 2014 | Vol. 63 www.vsb.org