Tuesday, October 14, 2008
The Rev. Patrick Delahanty
PO Box 3092
Louisville, KY 40201
Dear Father Pat:
Here is a current CV. Also enclosed for you are the
2009 St. George’s Calendar and an article from the
current issue of Bar Briefs. The calendar and the
article are shared to illustrate some of my
communications experience as well as one of my social
work activities. | regard death penalty abolition as a
high calling and would be honored to work day-to-day
on the issues.
Vea
Donald Vish
Donald Vish, lawyer, writer, photographer
2600 Brown & Williamson Tower, Louisville 40202
502-584-1135 (office)
Non-Profit Work: Pro bono photographer: Episcopal Diocese of Kentucky; Kentucky-
Indiana Girl Scouts (photo archive for new headquarters), Big Brothers Big Sisters, Court
Appointed Special Advocates for Children (award-winning photos and annual report),
Shakespeare Behind Bars, English-Speaking Union Student Shakespeare Tournament, St.
George’s Community Center; Louisville Bar Association (annual report 2008); graduate,
Education for Ministry (certificate from Sewanee 2008); poetry prize screening
committee, Thomas Merton Poetry Prize, Merton Center for Contemplative Living
(2000--); board chair, Interfaith Paths to Peace (2006--); board member, Kentucky
Shakespeare Festival (2005--); board member, Highlands Community Ministries (2001-
2004); vestry, Episcopal Church of the Advent (2002-2004) and senior warden (2003-04);
board member, Louisville & Jefferson County Convention Bureau (1974-1976); Trustee,
Sayre School, Lexington (1980-88), chair (1986-1987); board member, Bluegrass
Council Boy Scouts (1988-93); appointed by the governor, Kentucky Registry of Election
Finance (1991-1993).
Employment History: Middleton Reutlinger (2004--); secretary and general counsel,
AIK Workers Compensation Fund (1998-2004); Parrent & Vish (1998-2004); secretary
and general counsel, Kentucky Coal Producers Self-Insurance Fund (1992-1998);
University of Kentucky College of Law, adjunct associate professor of mineral law
(1979-1985), legal writing (1977-81); appointed associate solicitor, US Department of the
Interior, Washington DC (1989-1991); Wyatt Tarrant & Combs (1980-88), Lexington;
Frost Brown Todd (1988-89, 1991-1998); secretary & general counsel, General Energy
Corporation (public company), Lexington, Ky. (1978-1983); assistant secretary, Vermont
American Corporation (1973-76); private practice of law, Louisville (1971-1976).
Personal, Professional Projects: Contributing author, American Law of Mining and
(1984); board of editors, contributing author, Coal Law & Regulation (1983-1993);
Kentucky Election Law (Legislative Ethics) (1995); Life Fellow, American Bar
Foundation (DC chapter); Life Member, Kentucky Bar Foundation, Louisville Bar
Foundation; Kentucky Bar Association (ethics committee 1983-1985, chair, residency
committee 1998-2002), The Florida Bar; Energy and Mineral Law Foundation (executive
committee 1979-1982; trustee 1979-1991; trustee emeritus 1998); elected life member,
American Law Institute 2008 (members’ consultative committee, Restatement of the Law
Governing Lawyers 3"); board member, The Louisville Bar Association (2007--); Author,
Poems & Musings (2001); included among contemporary Kentucky poets, Kentucky
Anthology: 200 Years of Writing in the Bluegrass State (2005 Wade Hall, editor); photo
exhibition, Eccentric Views of Louisville, Gallery Hop (2005) and Bittner’s (2007).
Education: Graduated: St. Xavier High School (1963); Bellarmine University (BA
English 1968) (gallery of Distinguished Graduates, 2008); Brandeis School of Law (1970,
JD with honors).
My third reference is
The Rt. Rev. Edwin F. Gulick, J r.
Episcopal Bishop of Kentucky
Email c/o
Mike@ episcopalky.org (Michael Hutchins, is the bishop's assistant
teqg@ episcopalky.org> (bishop's personal email)
425 S. Second St.
Louisville, KY 40202
502-584-7148
From: delahantyp@bellsouth.net [mailto:delahantyp@bellsouth. net]
Sent: Friday, November 14, 2008 10:31 AM
To: Donald H. Vish
Subject: Re: References
Thanks, and please contact the gov and plead for commutation.
Sent via BlackBerry by AT&T
Subject: References
Dear Fr. Pat, from the printed newsletter which just arrived, | saw the need to submit three
references. Here are two and | will send along the third a little later. We are with you in
spirit during the terrible watch associated with the pending suicide by court. Regards, DV
References:
Jan Arnow
Director
Center for Interfaith Relations
415 W. Muhammad Ali Blvd.
Louisville, KY 40202
502-583-3100 ex. 18
jan@interfaithrelations.org
Troutman, George C CPA
Chair, Kentucky Legislative Ethics Commission
502 459-9670
Taylorsville Rd Ste 2
Louisville, KY 40243
wb4fin@iglou.com
A History of Civility: From Plato to the KBA
Code of Professional Courtesy
By Donald H. Vish
The tie that holds me by the law
of courtesy seems to me much
tighter and stronger than the
law of legal compulsion —
Michel de Montaigne.
Be Brief
An invitation to write or speak about
civility provides the recipient with an
opportunity to demonstrate its first law:
be brief.
There is a more elaborate formula-
tion of the rule: pensa molto, parla
poco, e scrivi meno which I hasten to
translate into English: think much, speak
little, and write less. Otherwise, the
useful Italian dictum violates George
Washington’s 72™ Rule of Civility:
Speak not in an unknown
tongue in company, but in your
own language....
What is civility
So what does civil conduct have to
do with speaking briefly and writing
concisely? The common denominator is
that each is based on thoughtful concern
for the comfort and convenience of oth-
ers, That is the cornerstone of civility.
Civility transcends the realm of the
merely useful and belongs to the higher
realm of ethics and morality. Civility is
more than a way of acting — it is a way
of living.
George Washington’s lifelong interest
in civility began at the age of 14 when he
wrote in his journal 110 Rules of Civility
and Decent Behaviour in Company and
Conversation, His First Rule of Civility
could serve as the ONLY rule of civility, a
complete and brief treatise on the subject:
Every action done in company
ought to be done with some
sign of respect to those that are
present.
36 Bench & Bar September 2008
Civility is more than courteous, well-
mannered behavior. “Being civil means
being constantly aware of others and
weaving restraint, respect, and consider-
ation into the very fabric of this
according to P, M. Forni,
the co-founder of the Johns Hopkins
Civility Project and a noted author and
speaker on the subject of civility. “Civil-
ity is a form of goodness,” he concludes
in his best-selling book Choosing
Civility: the Twenty Five Rules of
Considerate Conduct. Those who prac-
tice civility, Dr. Forni believes, find both
serenity and contentment. Benjamin
Franklin was similarly inclined. Franklin
believed practicing the art of civil virtue
leads first to personal happiness and
eventually to greatness.
Emulating Washington and Franklin,
the Kentucky Bar Association codified
eleven aspirational rules of professional
courtesy in 1993 and petitioned the
Kentucky Supreme Court to adopt and
promulgate the Code of Professional
Courtesy [CPC] by formal order.
Effective September 1, 1993, Kentucky
lawyers had two sets of civil rules: The
Rules of Civil Procedure, governing civil
actions, and the Rules of Professional
Courtesy, governing civil behavior, See
Kentucky Rules of Court 2008 page 425.
The CPC is intended as a series of
guidelines for lawyers in their dealings
with clients, opposing parties, their
lawyers, the courts and the general pub-
lic. While not constituting a disciplinary
code or a legal standard of care, Ken-
tucky attorneys are expected to comply
with the letter and spirit of the Code
adopted by the Supreme Court.
The eleven rules in their totality
encompass Washington’s First Rule, be
considerate of those present, and Plato's
dictum, be kind.
The Concept of Civility
The words “civil” and “civics” derive
from the same root word civifas mean-
ing city. The early Greeks thought that
civility held the state together, Civility
was both a private virtue and a public
necessity. Without civility, the state
could not function.
While the Greeks thought civility
served a high calling, Lord Chesterfield
found civility serving a low calling:
stratagem. In his famous letters to his
son, Chesterfield advised how the rules
of courtesy, polish and good manners
might be used to manipulate allies and
gain the upper hand over competitors.
Dr. Johnson observed that Chesterfield
taught good manners but bad morals.
Plato’s concept of civility is encom-
passed in his empathetic dictu
Be kind, for everyone you meet
is fighting a hard battle.
The grand Hindu pronouncement,
Thou art that (pronounced tat twam
asi), provides an intersection where the
well-mannered self interest of Lord
Chesterfield meets Plato’s Platonic
empathy. What we do for others we do
for ourselves because we are all one in
the Hindu world-view. Civility benefits
the giver and the receiver,
Since the Enlightenment, philoso-
phers have regarded ethics as the
fountainhead of civility since civility is
concerned with the well-being of others
and requires the actor to transcend self.
Rules and Ways of Civility
The ideal of an urbane gentleman
traces its antecedents to the secular
morality of the Distichs of Cato (3" or
4 century). Here is an example: “If you
can, even remember to help people you
don’t know.”
The first “courtesy book” written in
England appeared in the thirteenth-cen-
tury. The Liber Urbani (The Book of
the Civilized Man) by Daniel of Bec-
cles represented an awakening of
etiquette among the common people
who were not to the manner born. One
if its principal themes is self-control:
“Be careful to whom, what, why and
when you speak.”
Desiderius Erasmus, the Prince of
Renaissance Humanists (died 1536),
was the first to popularize rules of
“civilite” (On Civility in Children) and
extend their reach beyond the realm of
mere social polish. According to Eras-
mus, the architecture of civility rests on
two pillars of virtue: humanitas and
pietas. Humanitas comes from Cicero's
conception of social obligation and
encompasses both love of others and
respect for their dignity. Pietas means
internally generated reverence, humility
and charity as opposed to externally
imposed formalistic observances.
Michel de Montaigne condemned
both idle civilities and manners based
upon rote application of rules; i.e., the
formalistic observances rejected by
Erasmus and counseled by Lord
Chesterfield. He cites, for example, the
complex rules associated with the order
of precedence and arrival at a confer-
ence of princes. According to the
custom of the times, the most important
person arrived first. Arriving first signi-
fies that those of inferior rank go to find
their superiors and not the other way
around. Montaigne also cited his experi-
ence with people who are uncivil
through over-civility.
Benjamin Franklin, whose role model
was Cato, never completed his book,
The Art of Virtue. But he lived the book
he did not write and from his life and
his journals we know enough about its
precepts and him to reconstruct his
code.
Franklin knew that the art of diplo-
matic speech did not come naturally to
him so he worked especially hard to
cultivate it. He refused to respond
directly to personal attacks and rarely
even acknowledged them — which did
not come naturally to him either,
By refusing to respond to insult
Franklin:avoided spreading the calumny
further. He also deprived his adversary
of knowing whether the missile had hit
its mark,
Franklin practiced another method of
enhancing social interaction (humanitas
to Cicero and Erasmus) — he conceded
points of contention even when he was
right. Sometimes to preserve a friend-
ship, sometimes out of respect and
sometimes because the point was not
important enough to win.
Franklin also courted his adversaries,
even after he bested them. About one
such adversary he wrote:
I did not, however, aim at gain-
ing his favor by paying any
servile respect to him but [after
hearing] that he had in his
library a certain very scarce
and curious book I wrote a note
to him [asking to borrow it].
He sent it...I returned it...with
another note [thanking him].
When next we met in the House
he spoke to me (which he had
never done before) with great
civility...so that we became
great friends...
Dr. Forni has revived the courtesy-
book genre, and in the classical tradition
his book presents certain rules of civil-
ity (in a 2008 Wall Street Journal news
article, Dr. Forni is quoted as telling a
rules-adverse critic that had he met her
before writing his book he would have
dropped the word “rules” and used the
word “ways” instead), paring Washing-
ton’s list from 110 rules to 25. Think
much, speak little and write less.
Dr. Forni’s 25 rules are few enough
and brief enough to list:
* pay attention
+ acknowledge others
* think the best
* listen, be inclusive
speak kindly
don't speak ill
accept and give praise
respect “No”
respect others’ opinion
mind your body
be agreeable
Keep it down and rediscover silence
respect other people’s time and
space
apologize earnestly
assert yourself
avoid personal questions
care for your guests
think twice before asking for a favor
refrain from idle complaints
accept and give constructive criticism
respect the environment
* be gentle to animals
+ don’t shift blame.
Just as Washington’s list can be
summed up in one rule (respect others),
Dr. Forni cites one rule as being at the
heart of all civil behavior: speak kindly.
That is Plato’s advice. Substantial
portions of the Old Testament and the
Hebrew Bible are devoted to the
maxim, control your tongue. And to
that there might be added your pen,
your email, your car, your cell-phone,
your blog and your camera-phone.
Kentucky Code of Professional
Courtesy
Like all codifications of the civil
rules of courtesy, the Kentucky Code is
animated by respect for others, includ-
ing the “others” often referred to as the
“adversary” or “adverse counsel” or,
more colloquially, the “other side.” At
the center of the Kentucky Code is one
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rule that leads to all the rest:
A lawyer should not engage in
intentionally discourteous
behavior.
— Rule 5, Kentucky Code of Profes-
sional Courtesy (KCPC)
Rule 11 particularizes this principle
to the courtroom, where courtesy is
mandated and where conflicts should
always remain:
A lawyer should recognize that
the conflicts within a legal mat-
ter are professional and not
personal...leave the matter in
the courtroom.
—Rule 10, KCPC
Has civility declined
There is in some a misty-eyed belief
that civility is in decline among the bar
and in society at-large. Stories portray-
ing a long-lost golden age of decorum
and grace are wistfully told by the Old
Guard. But there is an alternate history
suggested by the oath that lawyers take
upon their admission to practice: J have
not fought a duel with deadly weapons
nor acted as a second... Kentucky
lawyer and Jefferson County legislator
William Jordan Graves (1805-1848) did
just that in 1838, while a member of the
House Representatives. Jonathan Cilley,
a member of Congress from Maine was
killed in the duel.
And listen to the verbal invective of
19" century Virginia Senator John Ran-
dolph directed to a fellow senator.
Randolph said:
“THe is] so brilliant, yet so corrupt,
and like a rotten mackerel by moon-
Donald Vish is an
attorney with Mid-
dieton Reutlinger in
Louisville. The
author would like to
acknowledge and
thank Justice
James E. Keller for
his encouragement
of and enthusiasm
for the advance-
ment of civility and the expert editorial
and stylistic advice provided by James
Dady, Errors and omissions, however, are
those of the author alone.
38 Bench & Bar September 2008
light, which shines and stinks.”
And how did Henry Clay react to the
insult? According to the custom of the
day, he challenged Randolph to a duel
with deadly weapons.
The golden age of decorum was not
always as we like to remember it.
Concern for civility has been present
throughout the history of civilization.
Rules and customs may change. For
example, smoking in public became
unacceptable within the last fifteen years.
Eye contact is respectful in some cultures
and disrespectful in others. But while the
rules may change the reasons for incivil-
ity remain constant: failure to consider
the needs and comfort of others.
Whether the omission is based on
anger, carelessness or lack of knowl-
edge, the result is the same. We put
ourselves first.
The Kentucky Code of Professional
Courtesy encourages lawyers to con-
sider the context of the wider world.
Sometimes, the “other” should be first.
A lawyer should respect oppos-
ing counsel's schedule by
seeking agreement...rather than
merely serving notice.
—Rule 3, KCPC
Rule 8 speaks to use of a “courteous
tone” in written communications, Rule
6 disapproves of personal criticism and
intentional embarrassment of another
attorney and Rule 4 mandates avoidance
of “ill-considered accusations of unethi-
cal conduct.” Read together, these three
rules sum up much of the wisdom of the
Hebrew Bible (hold your tongue), Plato
(be kind), Dr, Forni (speak kindly) and
the Italian proverb (write less).
Rule 9 concisely states the two laws
of good scouts, good citizens and St.
Paul: keep your word, tell the truth, And
Rules | and 7 point the way to the
higher road: don't take unfair advantage
of any situation. Hence:
A lawyer should avoid taking
action adverse to a litigant
known to be represented with-
out timely notice to opposing
—Rule 1, KCPC
A lawyer should not seek sanc-
tions or disqualification of
another attorney...for the mere
purpose of obtaining tactical
advantage.
—Rule 7, KCPC
Procrastination has been the ruin of
many good intentions. Alexander the
Great credited his ability to accomplish
so much by his habit of dealing with
matters without delay. Rule 2 of the
Kentucky Code formulates Alexander’s
dislike of procrastination as a rule of
courtesy:
promptly return telephone
calls and correspondence...
But there is much more to the rule
than good manners. Indeed, that may be
said of all rules of civility.
So, with so many benefits accruing to
those who practice civility and courtesy,
why is it in actual or perceived decline?
Why should the Kentucky Supreme
Court find it helpful to codify in eleven
rules what Mother taught in two words:
be nice.
Forni identifies several current cul-
tural conditions that make incivility
more widespread if not more pro-
nounced, even though there are some
areas of our culture where there is
MORE civility today: a culture of nar-
cissism (I did it my way), the Age of
Self, the decline of authority, mistrust of
forms over substance, anonymity, the
drive to succeed (we are too busy, too
goal directed), stress, winning.
To Dr. Forni’s list, I would add: The
Plague. That is to say, incivility is con-
tagious. One uncivil act begets another
which treads on the heels of another and
spreads like ripples on water.
So are there antidotes to the Plague?
Well, if there are not enough Rules
already, I would propose four:
Think much, speak little, and write
less.
Save your anger for the right occa-
sion but always withhold it in two
cases: 1) where you can’t change the
outcome; and 2) where you can.
Look and overlook, bear and forbear.
Always make haste slowly.
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