February 13, 2011

Some questions about the possible sexism of the way the NYT portrays Judy Clarke, the public defender in the Tucson massacre case.

Jared Loughner's lawyer has an "unassuming, almost motherly way," the NYT informs us. Judy Clarke, we're told, achieved an "essential act[] of lawyering... when she patted Mr. Loughner on the back in court last month, leaned in close and whispered in his ear."

Let's talk about the degree to which it's currently considered acceptable to ascribe lawyerly skills to gender.

Is the NYT being sexist? Is it okay because it's kind of subtle?  Is it okay because if there's a special goodness in femininity, it lends momentum to the progressive trend of including more and more women in the legal profession?

If the answer to the last question is yes, imagine a similar statement made about a male lawyer, suggesting that his maleness brought extra value to his lawyering: Would that not be okay? If not, is that because you can say (in so many words) that it's better to be female, but it's retrograde to say (subtly as well as unsubtly) that it's better to be male?

If you've bought into the notion that it is acceptable to say (with some subtlety) that it's better to be female, because that seems progressive, why is it progressive to promote women using the traditional stereotype of women as maternal and nurturing? Why isn't that precisely what is sexist?

Do you think, in the long run, it is helpful to the success of women in the legal profession to portray them as good at mothering and being sensitive to other people's feelings?

72 comments:

RichardS said...

Interesting question. Is it true that men and women, on average, have different professional styles? If so, isn't it reasonable for us to use them in our common discussion. If not, then no.

PaulV said...

Loughter is in trouble for shooting a mother figure. Clarke defended a mother who killed her male children.

Bob_R said...

Are there gender differences? Do they manifest themselves in lawyering? If there are and they do is it honest to make it taboo to mention them?

Winding down said...
This comment has been removed by the author.
Chip S. said...

I didn't realize that it was the task of the NYT to write only those things that will make it easier for women to earn more money as lawyers.

How about "Is it true?" as a standard for evaluating a news story?

Synova said...

Movies and television aside, my understanding is that a public defender's job is to make sure that everyone else involved toes the line and follows the rules and that the trial convicting their client is "fair."

That said, it seems to me that there must be a certain amount of theater involved and that the aspect of the lawyer defending is going to be different than that of the prosecutor. "Motherly" is going to work better than "hard ass" in gaining a measure of sympathy. It's there with what clothes the lawyer has the defendant wear to court.

Now, is it sexism to point it out?

I'm trying to reverse the situation. Would it be sexism to describe a lawyer as fatherly or grandfatherly? I don't think so.

The sexism only comes into it with the prejudices of the observers.

lucid said...
This comment has been removed by the author.
lucid said...

For the NYTimes, if it is something a woman or a metrosexual is doing, it is good. If it something a black male it is doing, it is probably good, and, if if it is illegal or racist, at least understandable.

If it is something a white male is doing, it is to be regretted and deplored.

So fatherly in a male lawyer won't work, unless it is directed toward a black male (as in OJ's lawyer's much remarked hand on his should) or a woman.

But anything a female lawyer does--whether mother or bitch, whore or madonna--is good by virtue of the privileged status of her sex.

BTW, Ann--I think the correct term here is not her gender--it is her sex.

Synova said...

"...imagine a similar statement made about a male lawyer, suggesting that his maleness brought extra value to his lawyering: Would that not be okay?"

You're right. Someone would never get away with doing this. If someone presented male virtues as adding "extra value" there would be howls of protest.

Anonymous said...

Judy Clarke is like almost all other women. She would never even think of letting even one stray hair follicle go unshaved :(

Peter

Peano said...

I don't see how anything in the article can be construed as "sexism."

q12345q6789 said...

I think, maybe, you are asking your questions in a universe wherein consistant, non-pc logic is allowed to operate unfettered. In this universe, a woman can be praised for this "motherly" quality and a man who speaks of it this way is automatically assumed to be a "patronizing" asshole. The *Only* rule in this PC (feminist) code is: "We" (your betters) will decide what is / is not acceptable to say and think about women which is completely up to our whims of the moment and if you don't walk this line we will castigate you...
Orwell has been trumped by this crowd so many times - the word Orwellian has practically changed meanings. The word Orwellian has come to mean: Truth. (whoa...)

rhhardin said...

In her unassuming, clamlike gender-neutral way, Ms. Clarke excels at getting close to people implicated in awful crimes.

Anonymous said...

I have absolutely no interest in the success of women in the legal profession.

Hagar said...

Men and women generally have different styles and that also naturally goes for lawyers.

This type of article belongs in the Sunday supplement sections; it is not "reporting."

As for "being sensitive to other people's feelings," it has been my experience that the women in my life have been far more sensitive to their own feelings than to mine.

Hagar said...

Professor, I think you are stereotyping.

I'm Full of Soup said...

The NYT thinks it's important a demented, psycho gets some motherly attention?

Hagar said...

and falsely.

chuck b. said...

Oh, so much gnashing of teeth.

I think for sexism there has to be a clear sense that one sex is better than the other. Where is that happening here? (In the article at the link? Oh.) Rather than compare women to men, why not compare women to women. Is it sexist for a woman lawyer to effectively deploy her mothering skills? Only if it's never possible for a woman to effectively deploy her bitch.

Irene said...

Perhaps this related more to portraying Jared Loughner as a child than it is to portraying Judy Clarke in a sexist way.

The Crack Emcee said...

Is the NYT being sexist?

Don't care.

Is anyone being killed, enslaved, or ripped-off by cults? You don't care.

I think that's all waay worse than if someone's being portrayed as "motherly".

Priorities, Ann.

Are you going to whine the next time some woman's portrayed as "a goddess"?

Probably not.

Priorities.

I'm Full of Soup said...

Irene-good point IMO. Next, the NYT will find a way to point the finger at the economy, low taxes, Sheriff Arpaio, onservatives are mean, etc.

Edgehopper said...

At a recent trial for trade secret misappropriation, our lead attorney (male, late 40s, aggressive natural voice) noted that our second chair attorneys (female, small and unassuming, mid to late 30s) actually had the ability to do a much stronger cross-examination and objection defense because they wouldn't come across as bullying.

But that may be a difference between criminal and civil litigation as well, and dependent on the specific case. The goal for Loughner is to make him look like a deeply troubled insane man-child, and a mothering defense attorney fits well. The goal for an innocent, harassed corporate defendant is to look strong and have nothing to hide, so we want assertive but not bullying lawyers--the mothering type would be wholly out of place. Even for an innocent criminal defendant, I don't think a mothering defense attorney would be as valuable; it looks like the lawyer's grabbing for inappropriate sympathy. Note that Clarke's high profile defendants are other plainly guilty people trying for some form of insanity defense (the Unabomber, Moussaoui...)

Paddy O said...

I would think that questions of sexism might be more fitting if she were a judge, law professor, or an attorney whose primary work involved solely ideas.

But, there is a reality that she is someone who is being assessed by juries. Part of her job is in fact playing a role.

I'm not a lawyer, so I might be wrong, but I'm pretty sure that trials are not simply about pure logic and force of argument. There is a lot of personality involved, including empathy if it can be found. So, acknowledging the kind of 'role' the public defender plays really might be a worthwhile point to make.

Cedarford said...

I find the whole post-shooting "lawyers and legal process" show revolting. The focus on defense lawyers as stars, 100 FBI agents being paid to "assemble evidence", talk of millions to relocate one trial so "it will be fair with an unprejudiced jury". And well-paid lawyers slavering for more millions on more trials at the state level so "justice" happens and money for their ski trip to Switzerland or two weeks in Bali happens.

The guy, like Major Nidal Hasan, shot a slew of people in front of witnesses and camera footage exists.

Before justice was perverted into "Its all about the exciting lawyers and all about Talmudic endless due process and argumentation" - Loughner and Major Hasan would have gotten a two day long jury trial a month or so after the shootings. Then conviction then execution or tossed in a hole and forgotten about within months of conviction.

As we ponder what frivolous, incredibly wasteful government programs and expenses can be cut - the US legal system of lawyers and for lawyers is as larded with fat as a Pentagon toilet purchase procurement contract.

Bob Ellison said...

Like other commenters, I think the Professor makes the error here: one of hyper-sensitivity. Replace the word "motherly" with "fatherly", and there you have the non-sexist, equal-opposite statement that might have been made about a male lawyer.

Unknown said...

Ann Althouse said...

"Let's talk about the degree to which it's currently considered acceptable to ascribe lawyerly skills to gender."

As always, if a Conservative does it, it's sexist. If the Gray Lady does it, she's pointing out the natural superiority of women.

Do you think, in the long run, it is helpful to the success of women in the legal profession to portray them as good at mothering and being sensitive to other people's feelings?

No, but the Lefties don't care about the success of women; they only care about the success of their agenda.

Anonymous said...

Before justice was perverted into "Its all about the exciting lawyers and all about Talmudic endless due process and argumentation" - Loughner and Major Hasan would have gotten a two day long jury trial a month or so after the shootings. Then conviction then execution or tossed in a hole and forgotten about within months of conviction.

Such as Leon Czolgosz:

1. Shoots President McKinley on September 6, 1901.
2. McKinley dies on September 14, 1901.
3. Czolgosz goes on trial September 23, 1901.
4. Sentenced to death September 26, 1901.
5. Rides the Hot Squat October 29, 1901.

Peter

Palladian said...

How is anyone supposed to make any money that way, Peter?!

Isn't that what the justice system is all about?

Quaestor said...

If Loughner's lawyer was male, would the NYT describe his gestures (pat on the back, whisper in the ear) as "fatherly"?

What vacuous blather passes for journalism these days. A defense counsel showing support for his/her client is only being professional, to read anything beyond that is outside the bounds of responsible journalism
Pinch Sulzberger's wallet must have grown really thin, he's hiring amateurs now.

Lincolntf said...

Not that anybody asked, but I'm one of those (presumably) rare conservatives who opposes the death penalty for U.S. citizens. I agree with it morally 100%, but one single case has decided me against it on principle.
Long story short, the FBI, various Judges, the entire U.S. Government (through the works of only a couple evil men, but with the full force of Govt.) jailed 4 men (murder) with "mob ties" to cover up crimes committed not only by valuable informants, but ultimately FBI agents themselves. 2m of them died in prison and might as well have been executed. The other two have since been exonerated and released after 30 years inside. I realized then that a Government that I don't trust to do even simple things (borders, etc.), is a Govt. I don't want in that end of the life and death business.

(If you care, Bing/Amazon search Salvati, Winter Hill, Paul Rico, etc. for info. There are a few books out, a couple are good, a couple are useless. I'll have to go check the titles to remember which is which.)

Anonymous said...

Pinch Sulzberger's wallet must have grown really thin, he's hiring amateurs now.

He can count on Carlos Slim and his uncountable riches to help out.

Peter

Beth said...

Is the NYT "portraying" or observing? If this lawyer portrays herself as maternal with this client, in the interest of shaping the judge and jury's sympathies, how is it sexist to use that observation in an analysis? It doesn't say anything about women and men as entire categories to observe something about how an individual uses expectations about his or her own gender to shape a performance. Surely there are good example of how a male lawyer might use his masculinity to connect with the jury and model a way he'd like them to see his client.

somefeller said...

Paddy O says:But, there is a reality that she is someone who is being assessed by juries. Part of her job is in fact playing a role.

Exactly. Context matters and being a good trial attorney entails a certain degree of role playing before a jury and for that matter in front of your client. Looking motherly may be part of the role here, and if you're the one being represented by the attorney, the only thing you care about is if the role is being played in a manner that's helpful to you. Also, don't assume that the motherly persona is in effect during plea negotiations or meetings with the prosecution.

somefeller said...

Surely there are good example of how a male lawyer might use his masculinity to connect with the jury and model a way he'd like them to see his client.

The White Knight persona could be an example, in the right trial context. Or the Outraged Father.

Beth said...

If Loughner's lawyer was male, would the NYT describe his gestures (pat on the back, whisper in the ear) as "fatherly"?

That's a fair question, and I am inclined to lean toward the assumption that it wouldn't, and so Althouse's point about the automatic interpretation of Clarke as "motherly" is worth thinking about.

I'd want to know more - I can see where acting fatherly toward Loughner might be a good strategy, asking the jury to see him as young, vulnerable to an illness, neglected perhaps by his own father. But it would take a lot more than a one or two gestures to make that work.

Trooper York said...

Well what about Shaft? He's a bad
mother fu....

Trooper York said...

But I'm talk'n about Shaft!!!!

The Crack Emcee said...

This is equivalent to a black person screaming about "niggardly" or "black hole".

It's unworthy of Ann or a blog post.

Almost Ali said...

Harvard's Larry Summers got into a lot of trouble for stating the obvious.

Trooper York said...

See. Sing about a black dick and shows right up.

Trooper York said...

I'm talkin' about Crack....he's a bad mother fuc....

Trooper York said...

I'm talkin' about Crack...

G Joubert said...

Is the NYT being sexist?

If the implication is that Clarke is uniquely specially skilled and positioned as a woman lawyer to get close to and develop a relationship of trust with her client, then maybe they are.

I watched the trial of nurse Melanie McGuire, charged with killing her husband, chopping him up, packing him into a suitcase, then throwing him off of a bridge into Chesapeake Bay. Her lawyer was Joe Tacopina, and they frequently touched, leaned in close and whispered in each other's ear, etc., the same things they're saying Clarke does.

Fred4Pres said...

A male or female lawyer can make their client seem more human, more personable, and thus more worthy of mercy. Jerry Spence says what works for him is not going to work for someone else. But that is your job as an attorney, to tell your client's story and express the theme of the case in the best possible way.

I assume Judy Clarke, who is a very experienced trial lawyer, is doing what works for Judy Clarke. Observing that is not necessarily sexist, because gender (being such a big factor of a individual's personality) is going to reflect in what she does. Now of course the NYT could very well be sexist, or misconstrue what she is doing, or just flat out lie about what it is reporting about.

Fred4Pres said...

I suspect Judy Clarke will do a hell of a better job defending the Tuscon shooter than Arianna Huffington would.

traditionalguy said...

It is good to remember that the true role of an appointed Defense Attorney is to "provide effective assistance of counsel" to an extent that the court's sentence will be upheld on appeal. Their role is not to win the case, and it blows a DA's mind when he loses to one...it's, it's against the rules. The Washington Generals playing the Harlem Globe Trotters has its known rules.

Gene said...

Whenever a defense attorney has to defend a man accused of notorious rape or murder, it's good to have a young lawyer on the defense team who can sit next to the accused, whisper in his ear, laugh at his jokes, and occasionally touch his arm. The idea is to send a subliminal message to the jury that I'm a woman and I don't believe all these horrid charges against this poor misunderstood man.

traditionalguy said...

My prognostication: Loughner is toast. A jury leans toward the side that has a personable Plaintiff/Defendant and a likeable lawyer. No matter what Louchner's attorney does or says, the hatefulness inside of Loughner will demand the quickest of convictions.

Ralph L said...

Of course it's progressive to try to get a lesser sentence for a murderer. See Angela Davis.

IIRC, the man who shot at President-elect FDR was executed before FDR was inaugurated.

lucid said...

This post, like all of Ann's posts on women and feminist issues, demonstrates that only a woman can whine even while she is winning.

i.e., Judy Clarke gets a positive story in the NYTimes, and Ann finds a way to complain about it in a form that makes the woman a victim. Same as with her post implying that the real firecracker in Tunisia was that a woman slapped a man--never mind that the woman was an arrogant and oppressive government official).

The invariant in feminsism is the whine.

Fred4Pres said...

"My prognostication: Loughner is toast."

Given Rep. Giffords asked for toast as her first words, I am not sure I would use that analogy for Loughner. But I seriously doubt Clarke (or any lawyer) could get Loughner acquitted. The evidence is overwhelming and there is no suggestion law enforcement did anything improper that would get Loughner off on a technicality.

Her job is to try to get him acquitted either by the jury or the judge (say under an insanity defense), but short of that to do her best to make sure he has a fair trial and to try to mitigate the punishment to him as much as possible (for example by avoiding the death penalty for example).

Fred4Pres said...

And Ralph L, it is not "progressive" for a defense lawyer to defend his or her client. Defense lawyers have a job to do, a critical job. Try not to channel too much Nancy Grace.

D'oh! I just went sexist.

Mary Beth said...

It's not whether or not this behavior works for her, it's whether it's "one of her most essential acts of lawyering".

Perhaps the NYT is confused since lawyers are called counselors. Really, it sounds as though emotional support is more important than good representation and advice.

(I didn't read past the first couple of paragraphs so my intrepretation may not hold for the rest of the article. Also, Google spell check doesn't recoginze "lawyering".)

ricpic said...

I thought the law was about overcoming the tyranny of feelings?

Trooper York said...

Why does this douchenozzle even need a lawyer. We all know he did it. Just give him the needle and get it over with. If there was any justice in this world this scumbag would already be worm food.

Justice is too important to leave to the ambulance chasers.

The only thing worse than a journalist is a lawyer.

Mary Beth said...

Why does this douchenozzle even need a lawyer. We all know he did it. Just give him the needle and get it over with.

Still have to connect it to the Tea Party. While there's a trial, there's hope.

Trooper York said...

Justice gets all fucked up when lawyers are involved.

He should have been strapped to the gurney within two weeks after this happened if there was any justice in this world.

Or better yet hung by the neck until his was dead.

The loony tune who shot at FDR and killed the Mayor of Chicago at a campaign stop was executed before FDR even got to take the oath of office.

Wait, didn't somebody just sat that?

ricpic said...

I'll cut off yer balls, dearie...in a motherly way.

BarWrite said...

All good criminal defense lawyers lean in close to their clients and whisper in their ears in a motherly/fatherly way. I have seen enough of her work to know that Judy Clarke is one heckuva good lawyer.

Methadras said...

She is a lawyer and she is doing the job she has hired to do in defending her client to the utmost of her skill. I'm not defending what she is doing, but I also know the reality that a lot of what being a lawyer is in a high profile situation like this requires excellent acting skills.

But what I also think the NYT is doing is trying to continue to paint this sub-human animal as a right wing nut job and ascribe a level of blame on his lawyer for showing her motherly-ness towards him so she can draw even more sympathy towards him. It's all hogwash.

traditionalguy said...

Mary Campbell...Laughner can lean into and whisper with grandmothers on either side of him and to the rear and the sympathy that generates for him will stay below zero. His only small hope is to be found insane, which he has set the table well for that defense unless he reverses course and claims he is the only sane person in the community. His self destructive streak may demand to take over.

The Crack Emcee said...

Trooper,

He should have been strapped to the gurney within two weeks after this happened if there was any justice in this world.

Or better yet hung by the neck until his was dead.


Chris Rock suggested a "stabbing chair" - to save money.

virgil xenophon said...

Loughner definitely fits the "lets give him a fair trial before we hang him" category...shouldn't take over 45 min in a sane world..

Peano said...

Let's talk about the degree to which it's currently considered acceptable to ascribe lawyerly skills to gender.

Considered acceptable by whom?

Alex said...

st - I have absolutely no interest in the success of women in the legal profession.

Yes we know women have their rightful place in the kitchen, barefoot, pregnant.

Michael said...

We recall fondly the days when the assassin of William McKinley, the guy that hundreds of people witnessed shooting McKinley, was tried and executed within a couple of months of the event. Now we go through this stupid and costly kabuki.

test said...

"Is it okay because if there's a special goodness in femininity"

This is the answer. Modern feminists believe both (1) all suggestions that men and women are different in ways detrimental to women are sexist, and (2) anyone denying that men and women are different in ways beneficial to women is both sexist and an idiot.

Steve said...

As far as touching my client, or whispering to him, I do the same thing, because it is an attempt to remind the jury that the "Defendant" is a real person, not some cartoon version as described by the prosecutor. That more than anything (reminding the jury pool that they are sitting in judgment of another human being) is my greatest challenge, and when you have someone who is insane and a mass murderer, it's even harder.

former law student said...

Agree that motherly could simply have been replaced with "fatherly" had the PD been Jud Clarke instead of Judy.

I'm pretty sure Loughner's jury will notice that Judy Clarke is a woman. They will notice her size and her attractiveness as well as her behavior. They will notice what she wears, and how often she repeats an outfit. This is human nature, which we disregard at our peril.

If she seems afraid of this man who shot dead not only a woman her age but a little girl, this will not work to his advantage

BJM said...

This is just part and parcel of the NYT gender dumbing down and the MSM efforts to portray Loughner not as the perpetrator of a heinous crime, or even a madman, but a victim.

The MSM ID'd the real perps; Sarah Palin and the TEA Party. Nothing more to see, move along to the next fictitious story.

el polacko said...

men are sloppy, incompetent, useless dolts and women are savvy, intelligent, fashionable, nurturing wonders of the universe.
i've learned these truths by simply watching t.v. commercials.

misandry is rampant in our culture.