
Barbara Babcock, Judge John Crown Professor of Law, Emerita, at Stanford University, was the first woman appointed to the regular faculty at Stanford Law School. She was the first Director of the Public Defender Service in Washington, D.C., and served as an Assistant Attorney General for the Civil Division in the Carter administration.
I hope the reader would happen on one of the eighteen or so accounts of cases Foltz had and causes she tried. They show her at her brave and skillful best in the rough and tumble of the western courts, where she won a reputation as jury lawyer and passionate advocate. Perhaps the most significant of these cases is People v. Wells in the last chapter of the book.In 1892 James Wells, once a successful real estate man with an office near Foltz, was charged with forgery. He was in jail and broke when she took his case, apparently out of friendship. It was to be her last major jury trial. She believed that the prosecutor, desiring to best a woman lawyer (or not lose to one), conspired with the police chief to present false and misleading evidence against her innocent client. The case was hard-fought on both sides with scathing cross-examinations, angry objections and frequent denunciations of opposing counsel. Through transcripts and other legal sources as well as lavish newspaper coverage, we can revisit the high drama of the trial.After days of adversary contest, the jury convicted. Foltz was sure they were influenced by the prosecutor’s illegal tactics. She took an appeal and won, establishing a leading precedent in the country on prosecutorial misconduct. The need to counter the misbehavior of district attorneys became one of her major arguments for a public defender.I have two rather large wishes for this book—first that Clara Foltz’s purposeful life will inspire female lawyers and their male allies in the project of re-structuring the legal profession to accommodate the lives of women.Second, I hope that understanding the history and original purpose of public defense will give support to the current movement to provide an effective lawyer for every accused person and in Foltz’s words, to achieve “free justice.”When I graduated from law school in 1963, only three percent of the nation’s law students were women. We thought we had few predecessors, little history, no heroines. But it turns out that we just didn’t know about our foremothers in the law. Today we are recovering the experiences of the first wave of women lawyers.To subsequent generations, the message of Clara Foltz and the rest of the pioneering generation is, first, to embrace feminism, and to think about the impact of your choices and achievements on those who follow.The pioneers would add that male allies are essential to success, and advise working closely with men of like mind—and developing as well as discovering such men.Finally, the first wave women lawyers would advise both men and women to throw themselves into causes greater than their own advancement, to live fully, and to find pleasure in their work.On the criminal justice front, I wish the book to provide arguments and inspiration for the public defender movement. Though the movement has flourished in that it is now the major channel for defense services in the United States, it has also flagged because in times of recession the funding drops below what is adequate for investigation and preparation. At a time when ineffective assistance of counsel is still a major problem, Clara Foltz’s constitutional and practical arguments for public defense are fresh and relevant, and indeed much needed.

Barbara Babcock Woman Lawyer: The Trials of Clara Foltz Stanford University Press448 pages ISBN 978 0804743587
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