B.A. 1977 Emory University; J.D. 1980 University of Georgia
; M.A. 1977 Emory University.
Member of the Mercer Law Faculty since 2006.
Involvement:
Member, National Advisory Committee, Equal Justice Works (selected for two-year term—July 2006-June 2008);
Member, Supreme Court of Georgia Equal Justice Commission, Civil Justice Committee (appointed by the Court to this newly created commission to a four-year term in March 2006); Chair, Public Education Subcommittee; Member, Pro Bono Subcommittee;
Vice Chair, State Bar of Georgia Access to Justice Committee, 2007-08 (member since 2004);
Member, American Bar Association Death Penalty Moratorium Implementation Project, Georgia Assessment Team, 2004- 2006;
Chair, Advisory Board, Georgia Council for Restorative Justice, 2006-present;
Member, Texas Access to Justice Commission (named by Texas Supreme Court to three year term May 2001-2004) (Commission oversees and advises Court on all legal services, pro bono, and access to justice issues);
Chair, Education Committee, Texas Access to Justice Commission (2001 to 2004) (coordinated meetings of representatives of all nine Texas law schools on public service and pro bono activities at the law schools);
Chair, Student Loan Repayment Committee, Texas Access to Justice Committee (developed and implemented program to partially repay student loans for attorneys working in legal services; first grants made in September 2002);
Chair, Supreme Court of Texas Grievance Oversight Committee, 1995-1998 .
Publications:
Books:
Can a Good Christian Be a Good Lawyer? Homilies, Witnesses, and Reflections, editor (with Thomas E. Baker)(Notre Dame University Press 1998);
The Lawyer as a Professional (co-editor with W. Frank Newton) (Texas Center for Legal Ethics and Professionalism 1991);
The Execution of Louis Jones, Jr. (work in progress);
Articles and Book Chapters:
Book Chapter, “Walking Through the Valley,” in Perspectives on the Practice of Law: Character, Civility and Professionalism, William Duffey, editor, forthcoming 2009
Legal Ethics, Narrative, and Professional Identity: The Story of David Spaulding, 59 Mercer L. Rev. 941 (2008)
Book Chapter, “Listening to Clients,” in The Affective Practice of Law: Practicing Law as a Healing Profession, Marjorie Silver, ed. (Carolina Academic Press 2007);
"Lawyers and Prophetic Justice," 58 Mercer L. Rev. 513(2007);
“What’s Going On? Christian Ethics and the Modern American Death Penalty," 32 Tex. Tech Law Review 931 (2001);
Panel Discussion: Does Professionalism Leave Room for Religious Commitment? 26 Fordham Urb. L.J. 875 (1999);
Literature for Lawyers and Judges (Review Essay) , 29 Tex. Tech L. Rev. 967 (1998);
The Practice of Law as a Vocation or Calling, 66 Fordham Law Review 1405 (1998);
Legal Education and the Vision Thing, 31 Ga. L. Rev. 853 (1997);
We Never Promised You a Rose Garden, 38 S. Tex. L. Rev. 1255 (1996);
Faculty Editor, Special Symposium Issue on Faith and the Law, Volume 27, Issue 3 of the Texas Tech Law Review (1996);
The Role of Religious Convictions in the Teaching of Law Students, (with Thomas E. Baker) 17 J. Leg. Prof. 77 (1993);
Religious Convictions and Professional Education, (with Thomas E. Baker) 1 Professional Ethics: A Multi-Disciplinary Journal 195 (1993);
Fifth Circuit Survey: Criminal Procedure, 23 Tex. Tech L. Rev. 205 (1992);
Realism, Responsibility, and the Good Lawyer: Niebuhrian Perspectives on Legal Ethics, 67 Notre Dame L. Rev. 587 (1992);
Fifth Circuit Survey: Criminal Procedure, 22 Tex. Tech L. Rev. 493 (1991);
"How You Can Get In Trouble and What Happens When You Do", and “Your Role as In-house Counsel” in A Guide to the Basics of Law Practice (W. Frank Newton, ed.) (Annual editions 2000, 1999,1998, 1997, 1996, 1995, 1994);
“Lawyer Disciplinary Procedures”, in The Ethics Course (Beryl Crowley, ed.) (annual editions 1998, 1997, 1996, 1995);
“American Death,” Vistas: Texas Tech Research (Summer 2001, Vol. 9, No. 2, p. 21);
“How Bad Must a Defense Lawyer Be for a Federal Court to Reverse in a Capital Case?” ABA Preview of United States Supreme Court Cases, at 47 (September 13, 1999);
“Can a Simple Denial of Wrongdoing Subject the Speaker to Federal Criminal Liability?” ABA Preview of United States Supreme Court Cases, at 163 (November 21, 1997) ;
“Proving a Guilty Mind," ABA Preview of United States Supreme Court Cases, at 12 (September 18, 1997);
“The Constitution is the Province of the Court,” The Texas Lawyer (July 14, 1997, at p. 24);
“To Err is Human; To Reverse, Another Story: In a Perjury Prosecution, Is a Convicted Defendant Entitled to Automatic Reversal When the Judge, Not the Jury, Decides That the Perjury Was Material?” ABA Preview of Supreme Court Cases, at 307 (February 6, 1997);
“Lies and Material Lies: In a Prosecution for Making False Statements to Influence a Federally Insured Bank, Must the Statements Be Material As Well As False?” ABA Preview of Supreme Court Cases, at 83 (October 15, 1996);
"The Prosecutions Burden of Proof Versus the Defense of Voluntary Intoxication," ABA Preview of United States Supreme Court Cases, at 268 (March 7, 1996);
"Determining the Materiality of a False Statement," ABA Preview of United States Supreme Court Cases, at 327 (April 7, 1995);
"Is A Federal Court a Federal Department?" ABA Preview of United States Supreme Court Cases, at 223 (February 10, 1995);
"Did Prosecutorial Misconduct Lead to the Conviction of the Wrong Person?" ABA Preview of United States Supreme Court Cases, at 61 (October 21, 1994);
"A Crisis in Death Penalty Representation," ABA Preview of United States Supreme Court Cases, at 232 (March 18, 1994);
“Are private citizens who initiate the use of an unconstitutional statute entitled to qualified immunity?” ABA Preview of United States Supreme Court Cases, at 210 (February 21, 1992);
"The New Texas Rules of Disciplinary Procedure", in An Introduction and Invitation to Professionalism (1991);
Ethics and Professional Responsibility (Texas), (with W. Frank Newton) 41 Southwestern Legal Foundation Institute on Oil and Gas Law and Taxation 3 (1990).
Honors:
Named to the J. Hadley Edgar Professorship, Texas Tech University School of Law, 2001;
President, Texas Tech University Faculty Senate (1998-99);
Chair, Texas Tech University Teaching Academy Executive Council (2003-2004);
Received Spencer A. Wells Faculty Award, Texas Tech University 1995 (University-wide award for innovative and creative teaching);
Received President’s Excellence in Teaching Award, Texas Tech University, 1997;
Paul Casseb Distinguished Visiting Professor, St. Mary’s University School of Law, Summer 2003;
Received Presidential Citation for Meritorious Service to the State Bar of Texas, 1991;
Editor in Chief, Georgia Law Review
Teaches:
Currently:
Law of Lawyering, Public Defender Clinic, Capital Defender Clinic, Capital Punishment Law, Public Interest Practicum, Introduction to Counseling.
Has also taught:
Criminal Law; Criminal Procedure; Law and Literature; Family Law and Therapy Clinic; Innocence Project; Dispute Resolution; Criminal Practice Skills; Professional Responsibility; Evidence; Legal Ethics; Interviewing and Counseling; Negotiation; Pretrial Litigation; Constitutional Torts; Jurisprudence; Immigration Law; Trial Advocacy; International Human Rights
Recent Pressentations :
Presenter, "Lincoln on Professionallism," Atlanta Bar Association, October 2008
Presenter, “Social Justice and Externships: Accident, Oxymoron or the Right Stuff?” Association of American Law Schools Conference on Clinical Legal Education, Tucson, May 2008
Speaker, National Institute for the Teaching of Ethics and Professionalism, Annual Workshop, November 17, 2007. Topic: “The Role of the Public Interest Practicum in Cultivating Professional Identity.”
Speaker, National Conference on Law as a Healing Profession, Touro University School of Law, November 5, 2007. Topic: “Practice, Spirituality, and Religion.”
Invited Participant, National Conference, Legal Education at the Crossroads: Ideas to Action at the University of South Carolina School of Law on November 2-4, 2007. Approximately 50 invited “leaders” in legal education met to plan for changes in legal education.
Speaker, National Conference on The Role of Law Schools in Fostering Commitment to Pro Bono Publico, sponsored by Columbus School of Law, Catholic University of America, in Washington, D.C., October 5 and 6. Topic: “Cultivating a Culture of Commitment: The Role of Professional Partnerships.”
Presenter, “The Role of Externships in Values Clarification and the Formation of Professional Identity,” Association of American Law Schools Conference on Clinical Legal Education, New Orleans, May 2007
Speaker, “Professionalism in Law and Public Service,” Mercer University Colloquium on Professionalism Across the Professions, November 2006
Speaker, “The Death Penalty in Georgia,” Wesleyan College, September 2006
Speaker, “Lessons Learned as My Client Faced Execution,” Faithful Lawyers Quarterly Breakfast, Atlanta, Georgia, October 19, 2007
Speaker, Georgia Council for Restorative Justice, Defense-Initiated Victim Outreach Training, October 21, 2007, and April 13, 2007. Topic: “The Law and Procedure for a Death Penalty Case in Georgia” (with Daniel Craig)
Program Planner and Presenter, “Making ‘Justice for All’ a Reality,” State Bar of Georgia Annual Meeting, June 2007. Along with Gerry Weber, Director of the Georgia ACLU, planned and presented a “Moot Court” on “Civil Gideon,” or the right to appointed counsel in civil cases. Wrote briefs on each side of the case and orally argued the case to a bench consisting of five Justices of the Georgia Supreme Court. Program repeated in Athens, Georgia, November 1, 2007
Speaker, “Professionalism and the Criminal Defense Lawyer,” GACDL Spring Seminar, Destin, Florida, April 2007
Speaker, “Restorative Justice,” Atlanta Bar Association March Madness CLE, March 2007
“Collaboration in the Georgia Capital Defender Clinic,” Association of American Law Schools Conference on Clinical Legal Education, New York, May 2006;
“Recent Death Penalty Decisions and Cert Grants in the United States Supreme Court,” Georgia Capital Defense Training Seminar, January 2006;
“Recent Criminal Decisions of the United States Supreme Court,” In-House Seminar for the Georgia Court of Appeals and Georgia Supreme Court, November 2005;
“Vocations and Professionalism,” Mercer University Colloquium on Professionalism Across the Professions, November, 2005;
“Religious Faith and the Death Penalty,” Duke Law School, October 2005 ;
“Juveniles and the Death Penalty,” Georgia State University College of Law October 2005;
“Current Issues in the Death Penalty,” Georgia State University College of Law September 2005;
“Legal Ethics, Moral Imagination, and Spaulding v. Zimmerman,” to faculty of Georgia State University College of Law, April 2005;
“Discovery in Georgia Death Penalty Cases,” Georgia Capital Defense Training Seminar, February 2005;
“Religious Faith and the Practice of Law,” Georgia State University College of Law January 2005;
“Death Penalty,” Texas Association of Criminal Defense Lawyers Annual Rusty Duncan Conference, San Antonio, June 2004;
“Transforming Practices and Legal Education” National Conference of Law Reviews, San Antonio March 2004;
“Religion and the Death Penalty,” Conference Leader and Speaker, 43rd Annual Joseph Fletcher Lawyer’s Ethics Conference, Columbus, Ohio, February 6-8, 2004 (Previous Conference Leaders have included Joseph Fletcher, William Stringfellow, Joseph Pike, Martin Marty, Langdon Gilkey, Jerald Brauer, Mary Jo Weaver, John Shelby Spong, and Loren Mead);
“Ethical Challenges in the Death Penalty,” Criminal Justice Act Continuing Legal Education Program, New Orleans, Louisiana, November 2003;
“Issues in Supervision,” Rocky Mountain Regional Clinical Conference, Houston, Texas, November 2003;
“Law and Spirituality,” Conference on Lawyering and its Discontents: Reclaiming Meaning in the Practice of Law, Touro University Law Center, April 2003
Significant Representation:
Represented several capital defendants in trial, direct appeal, and state and federal post-conviction proceedings in Texas and Georgia. Most significantly, represented Louis Jones, Jr., in federal capital case, 1996-2003. First case in nation under the Federal Death Penalty Act of 1994; Representation on direct appeal in Fifth Circuit (1996-98), representation in United States Supreme Court (1998-99)(case decided by Supreme Court in June 1999); Representation in post-conviction proceedings (1999-2002); (Legal issues in various courts included substantial legal issues involving the constitutionality of the Act); Representation in clemency application (2002-2003), (issues in clemency proceedings included substantial medical evidence involving Gulf War Syndrome); Execution March 18, 2003.
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