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COLuMN BarJournal

JULY/AUGUST 2015

refleCTiOns frOM The TOrTOise

shell On The gOvernMenT
shuTdOWn and iTs iMpliCaTiOns

fOr The legal prOfessiOn

Marlon A. Primes frOM The presidenT

n addition to representing federal justice. Instead, it naturally forces us to juggle Among other duties, those professionals
agencies and employees in state and simultaneous thoughts of whether we can pay investigate and hold hearings regarding worker
federal courts in the Northern District our housing and food expenses. In my case safety, discrimination, sexual harassment,
of Ohio, one of my other responsibilities in 1995, I also had to juggle whether I could immigration, Social Security benefits, and
Iwhile serving as an assistant U.S. attorney afford daycare for Markus, or whether the tax liens. Because all litigants who file claims
for the past 26 years has been providing insurance premiums I was no longer able to against the United States must complete an
advice to new and less-experienced attorneys. pay would cause my medical insurance to lapse administrative process at a federal agency
When my co-workers and other members when Kathi needed it to give birth to Kayla. before filing suit in federal court, it is
of the local community ask me to share any When the smoke cleared, and the 1995 essential that our talented millennials are not
words of wisdom about the record-breaking shutdown finally ended, I emerged from my discouraged from working in those essential
government shutdown, I always explain that tortoise shell. I had withstood the storm and positions. Without the expertise of competent
federal service has its benefits and burdens, endured all the low blows and punches the workers at federal agencies who diligently
and federal employees need to develop the shutdown could muster. I won my trial and, most investigate and screen administrative claims
outer shell of a tortoise to survive. The 2019 importantly, my wife delivered Kayla, a beautiful before they reach the federal courts, unripe
shutdown tested my tortoise shell because and healthy baby girl who is now 23-years-old. lawsuits would inundate the federal judiciary
many of my fellow federal employees and I During the recent government shutdown, and substantially clog or potentially collapse
did not receive a paycheck for 35 days. telephone conversations with my adult the entire judicial system.
I developed my tortoise shell that enabled children, who followed me into federal Most importantly, the shutdown threatens
me to survive the recent government shutdown employment, caused me to rethink my our federal judiciary, which was only a few
by recalling the hardships my fellow federal tortoise-shell mentality. A large number of days from going without pay or furloughing
employees and I endured during the then- federal employees are quickly approaching its employees. Federal judges are the only
record shutdown of 1995, which lasted 21 retirement. If my children, who have degrees individuals in our government who have
days. During that time, my wife, Kathi, was from top colleges in the country, leave federal lifetime tenure, as we want them focused
nine months pregnant and scheduled to deliver employment, and other talented millennials exclusively on doing justice for litigants who
my youngest child, Kayla, at any moment. follow them or are scared away from federal appear before them. Shutdowns make that task
My oldest child, Markus, was three years service by the shutdown, it could have severe more difficult because it forces federal judges to
old, and his daycare costs required several consequences for our federal judicial system. focus on whether they and their employees will
hundred dollars per week. I also had a large Federal employees and support staff be paid and able to maintain their households.
and extensive trial that I had to handle alone who work at U.S. attorney’s offices around The recent shutdown has certainly opened
with little administrative support because most the country are dedicated public servants my eyes, and I hope it has opened the eyes of
of the secretarial staff was furloughed. who represent the United States in state all attorneys in Northeast Ohio and across
My late father travelled from Akron each and federal courts. Our client, the United our nation. I now realize we simply cannot
morning to attend that trial in the old federal States, is an indispensable part of our civil climb into our respective tortoise shells and
courthouse in Cleveland. He sat in the back and criminal legal systems because it is one absorb the punches of the shutdown.
of one of its majestic, early 20th century of the nation’s largest landowners, landlords, Consequently, I am so pleased that the
courtrooms, where he provided much- mortgage holders, civil defendants, and debt Cleveland Metropolitan Bar Association
needed moral support, and he volunteered collectors. Our criminal attorneys enforce (CMBA) Board of Directors held a public forum
to rush Kathi to the hospital in the event federal statutes that help keep our nation safe about the shutdown, provided a list of resources
that she went into labor. from drug traffickers, gun smugglers, and available to furloughed federal employees, and
One of the many problems with the recent others who harm our communities. issued the following public statement:
shutdown and the shutdown in 1995 is that There is also an extensive administrative “Our nation is facing the longest partial
it forces attorneys representing the United legal system, which attorneys, paralegals, and shutdown of government in its history. As of
States to focus on more than simply upholding support staff at federal agencies coordinate. today, January 25, 2019, many governmental
April 2019 Cleveland Metropolitan Bar Journal | 5