33 Trial Lawyer • Spring 2024 See Empathy p 34 torney for the Oregon Office of Public Defense Services. He had the distinction of arguing a case at the Court of Appeals while still in law school. Many of Myers’ experiences must ring familiar to others of color who pursue the law. His family fled a community with an education system in decline on the East Coast for the promise of greater educational opportunity in rural Washington state. His parents instilled in him a work ethic informed by the ugly American reality that some individuals must work harder to achieve their goals simply because of the color of their skin. While Myers’ parents did not limit his dreams, he knew, through their experience and story, that he would face unique difficulties as a Black man. His experiences included being told to “go back to Africa” in his junior year of high school, and, while working as a paralegal in undergrad, observing that apart from him the only other people of color in the courthouse were defendants. Although it is hard to underscore how important Myers’ presence is in our justice system, it can perhaps be summarized best by a story from that same day at the courthouse. Myers, in his role as a paralegal, accompanied an attorney to court and to a contentious meeting with a young Black defendant. The young man, seeing Myers as the only other Black man in the room and accompanying the attorney, hurled an accusation at Myers that he could not know what it was like to be a Black man in that Washington town. Myers was initially shocked, but he was able to respond to the young man that he had in fact grown up in that Washington town and had likely shared many similar experiences. The young man’s demeanor then changed. Although Myers never knew if that exchange in particular changed the young man’s perspective, it was clear that the meeting then turned in a more productive direction. “When someone says, ‘By the grace of God, go I,’ I understand it,” Judge Robinson said, “I understand how you got yourself into the situation that you are in.” He would go on to explain, “It might be a cultural thing. A nonminority lawyer might miss nuances, the subtleties of language and communication. There might be another message, (and a minority lawyer) can humanize the client before the judge and before the jury.” Judge Robinson fundamentally understood that, to increase fairness in the law, the system needed to both see people from all communities with empathy, as well as reflect back to the community that its members were a part of the administration of the law. To see and be seen. Judge Robinson was hopeful that, in the future, attorneys like Bruce Myers would help shape a more just legal system. An inspiration The 2022 scholarship recipient, Chloe Clay, recently made the news. You can still find the story at OPB “Public defenders sue Washington County over what they say is systemic courthouse racism.” Clay came to Oregon from Kansas to study law. Being one of the only African Americans in her neighborhood in Kansas was exhausting and confusing, and, when coupled with the challenges of poverty her family faced, she also felt ashamed and voiceless. Her parents were working class, and her father and brothers fell into the criminal justice system. She was familiar with the disparities in the law. Like Myers, her parents prepared Clay for the inevitable discrimination she would observe and face in her life. Despite these hard lessons at a young age, Clay did not fall into despair or cynicism. Instead, she found inspiration in education and service. In the second grade, following a debate competition, she formed the desire to be an attorney. That drove her to excel at school. Because serving her community proved its own reward and cost her nothing, she threw herself into volunteerism throughout her life. At 16, Clay was volunteering at clothing and food drives for children in the foster care system. In college she volunteered with re-entry and restorative justice programs with both the state and federal prison population. In law school, she volunteered at Transition Projects, and, as she neared the end of her time at Lewis & Clark Law School, she began a mentorship program that continues today. Clay’s spirit of service is tireless. Often Clay will be one of the few people of color in the room, and, as a Black woman, she sees herself reflected in even smaller numbers. She has described that experience as lonely, and it likely reflects the feeling of isolation Clay felt as a young Black girl in her Kansas neighborhood. We should all hope that Clay’s unrelenting spirit will be there for the next woman of color in those courtroom hallways to find camaraderie and community. The professional network that Clay is creating — in law schools, in the courthouse and in our community — will be a bridge for future attorneys navigating a similar path. Continued legacy Myers and Clay are just two of the recipients of Judge Robinson’s Scholarship, but the inspiring stories of attorneys who have received the Roosevelt Robinson Scholarship are many. The first recipient of the scholarship in 2004, Rahna Epting, is now executive director of MoveOn.org. Our 2016 recipient, Diane Nguyen, is representing the decedents of mostly Black families displaced by the destruction of their homes by Legacy Emmanuel and City of Portland in the Albina district in the 60s and 70s. The recipients who will soon join the ranks of practicing lawyers are no less inspiring. Karla Marquez Gaab is co-founder of the North Bay Rapid Response Network in California — a hotline that provides 24hour support to families affected by immigration enforcement. She is a legal
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