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Politics Politics Feature

The Fields Case

Richard Fields is, by his own self-description and in large part by reality, a civil rights attorney. His long immersion as a white in various legal issues involving African Americans and his involvement to that end with such esteemed pioneers as Irvin Salky and Russell Sugarmon is a matter of public record.

That Fields should in the last several years have come under attack from more than one corner of Memphis’ black community as a “racist” would seem to be ironic in the extreme, but allegations of that sort have begun to multiply — most insistently from influential blogger Thaddeus Matthews, a dedicated Fields adversary, but also from prominent members of the Herenton-Chism political organization in which Fields himself has historically played a significant role.

One of the most recent accusers in that regard has been former city attorney Robert Spence, who, as a candidate in the Democratic primary for the vacant District 30 state Senate seat, was relentlessly attacked by Fields for various alleged misdeeds in a widely circulated open letter. It was the second such intervention by Fields in the electoral process, his first being a similarly well-distributed letter last year containing Fields’ endorsements (and condemnations) of candidates for judicial posts. Understandably, Spence, defeated last week by state representative Beverly Marrero, might be regarded as a less than objective witness.

Yet he makes an interesting point, noting that most of the lawyers attacked by Fields in his letter of last year — for misconduct or lack of qualifications or whatever — were black and charging further that such African Americans who got Fields’ endorsement were mere window-dressing. “Having set out to denigrate black lawyers, he added a couple to his endorsement list to make it look good.”

Sour grapes?

The fact is that the add-on aspect of Spence’s accusation is backed up by other sources — notably Janet Shipman and Regina Morrison Newman, two well-regarded whites who ran for General Sessions court positions last year and had received firm assurances from Fields that he would both support and endorse them.

Just before issuing his list, however, Fields withdrew his promised endorsements, opting instead for two equally well-regarded African Americans, Lee Coffey in Shipman’s race and Deborah Henderson in Newman’s.

“He got in my face and told me I shouldn’t have had anything to do with Brett Thompson,” recalls Newman, whose campaign had engaged a public relations firm that employed Thompson, a well-connected former state representative who, years ago, had been convicted of misconduct as a lawyer and disbarred.

But wait: The aforesaid Coffey had also enjoyed Thompson’s services, as indeed had several of the candidates included on Fields’ endorsement list.

Two other factors are worth weighing. Coffey and Henderson, like most of Fields’ endorsees, also appeared on the endorsement list of the Shelby County Republican Party. Coincidental perhaps, but it is a fact that Fields, earlier in 2006, had been compelled to resign from the Shelby County Democratic executive committee because of his overt activity on behalf of Republicans.

Fields had chosen to work in harness with lawyers representing the state Republican Party in seeking to void what seemed to be the tainted election to the state Senate of Democrat Ophelia Ford in favor of Republican Terry Roland. Not even his detractors on the Democratic committee quarreled with Fields’ right to pursue what he regarded as justice — only with what they saw as an implicit conflict of purpose.

Spence, Shipman, and Newman concur on the likelihood that Fields’ Republican associations figured significantly in his endorsement choices, but they agree as well that, under fire from Matthews and other African-American critics, Fields’ most compelling motive was likely his need to do some old-fashioned ticket-balancing, with Coffey and Henderson being the beneficiaries.

At least partly because of the novelty of his epistolary interventions and his self-styled role as an arbiter of candidates’ credentials, both of Fields’ open letters had an impact on the election results. In both circumstances, white voters especially were observed taking copies of Fields’ recommendations to the polls with them.

“There’s no doubt. That was enough to cause my defeat,” said Shipman, now employed in county government. Newman, whose margin of defeat was even smaller, was another likely casualty.

“I honestly think the National Bar Association and the Memphis Bar Association should have condemned his letter,” said Spence, who did his own “condemnation” of this year’s Fields letter with one of his own, in which, among other things, he accused Fields of being “mentally unstable.”

That, allegation, too, may be worth addressing.

Meanwhile, the moral of the story is a variant of the old caveat: Who shall heal the healer? In this case: Who shall judge the judger?

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Opinion

The New Age of Attack Ads

The special election on January 25th will decide whether Robert Spence gets the Democratic Party nomination to represent Midtown in the state Senate. The issues being raised by an attack ad on Spence will linger long after this week.

Spence, a former city attorney, is running against state representative Beverly Marrero. But he’s also being opposed unofficially by Richard Fields, who, like Spence, is an attorney, a former political candidate, and an on-again off-again City Hall insider and confidant of Mayor Willie Herenton.

On January 12th, Fields sent out 10,000 copies of a letter attacking Spence. A shorter version of the letter was published as paid advertising in this newspaper last week. Spence countered with a letter of his own, accusing Fields of “unmitigated lies” and “unstable behavior.” Both letters are ricocheting around via e-mail and in the Internet blogosphere, embellished with mostly-anonymous third-party commentary and more accusations of sexual, marital, professional, and ethical misconduct.

To recap, it’s an old-fashioned political story, a new-media story, a media-law story, and a nasty public clash of strong personalities all in one. While it’s not exactly taking place in a vacuum, you could say it’s taking place in a test tube, because there are no other races on the ballot that day. A single-digit-percentage turnout would not be surprising. And the mudslinging could be a taste of things to come in the city election in October.

Fields fired the first shot. In 2006, he wrote an open letter giving his views of judicial candidates in an upcoming election. Because judicial candidates are often unknown to the general public, attorney recommendations sometimes carry some weight in races where turnout is low. On January 12th, he took it up a notch, taking dead aim at Spence for “faulty advice and his personal pursuit of wealth to the detriment” of citizens. He endorsed Marrero by default. Fields says he did it because “the information needed to be known by voters and it’s all documented.”

Spence, whose first career was in pharmacy, has been an attorney for over 20 years. His educational and professional credentials outstrip Marrero’s, just as former senator Steve Cohen’s resume was more impressive than Jake Ford’s. Spence was city attorney under Herenton from 1997 to 2004, when he resigned to return to full-time private practice. A father of school-age children and a Midtown resident, he ran unsuccessfully for the Memphis City Schools Board of Education in 2004.

He thought about buying his own newspaper ad but decided instead to respond to Fields with a letter of his own, sending out 23,000 copies by snail mail and posting it online. “My letter says it all,” he said in an interview Tuesday. Asked about specific examples of “lies,” he said “the litigation [Fields] cites.”

It’s important to separate some accusations from the accuser. Well before Fields weighed in, Spence invited scrutiny from reporters and City Council members by mixing high-profile city work (the building of FedExForum and its parking garage) with private clients, including the Tennessee Lottery and former county mayoral aide Tom Jones. A search of www.memphisflyer.com, for example, will produce stories about Spence and his private practice, his law partner Allan Wade, and the garage. Then as now, Spence noted that his predecessors did outside work and that Herenton was not opposed to it. (His successor, Sara Hall, did no private work and said representing the city was “more than a full-time job.”)

But that was before Tennessee Waltz shed fresh light on consulting, conflicts of interest, and ethics reform. Spence, whose firm has seven lawyers, said he will review their accounts for possible conflicts if he is elected. One of his clients is the Riverfront Development Corporation, where he makes $25,000 to $40,000 a year as general counsel and his wife is a full-time employee. He did not work for the RDC while he was city attorney and making about $120,000 a year. The Senate job pays about $30,000 a year.

Barry Sussman, editor of the Nieman Watchdog Project at Harvard and a former Washington Post editor for Watergate coverage, said a newspaper is liable for defamatory material that appears in its ads or letters to the editor. Sussman, who is not a lawyer, said when he started a journalism Web site he at first edited reader comments but stopped after he was told that would make the site liable. He now removes some comments altogether but doesn’t do any editing, even for spelling or punctuation.