Letter to the editor: Justice speaks out on own battle with sexism

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Editor’s note: The following is a letter written Sept. 29 by former Mississippi Court of Appeals Justice Mary Libby Payne to attorney Patricia Epstein following publication of Epstein’s recent column “Sexism continues in Wisconsin’s legal community.” The letter is republished with Payne’s permission.

Dear Mrs. Epstein:

I appreciated your remarks in your article posted (Sept. 29 on wislawjournal.com), a link to which I found in searching for something else on the ABA website.

Sexism still does exist and permeate our society and I believe that those of us like me, who have been lawyers for at least 50 years, have a responsibility to speak out. I am sorry that a young woman like you received remarks like that of “logos” in the comment column (on the ABA’s website).

When I graduated from law school in 1955, no lawyer was interested in my class standing (1st), my moot court board experience (chairman) nor my law journal position (articles editor). The only thing about me that they desired to know was “How many words a minute can you type?”

I finally got a job as a secretary but several months later was fired for “incompetence” and that was a termination that I deserved. I had studied political science, not secretarial science (which was a college major in those days).

The law firm that did hire me after that promised me a raise, but did not follow through “because you got pregnant.” There was no such thing as maternity leave so, of course, I was fired when I had my baby.

It was not cruel. It is just the way that it was.

My husband and I were so poor, I really needed gainful employment, so I talked them into letting me come back for two weeks to train my replacement. Before my time was out, I realized they had too much work to be done on a timely basis by just two lawyers, so I convinced them to let me come back three days a week. I agreed to work for three-fifths of the starting salary of my replacement.

To my joyful surprise at the end of the month, three-fifths of his salary was more than five-fifths of my salary — that’s what is known as “the forward fumble!”

After the birth of my second child, in 1961, I didn’t try to go back as I had a sickly baby. The next year I send out resumes and even got an interview or two (by that time some of my male colleagues had become junior partners that I thought might be able to help me get hired) but no law firm then or since has ever offered me a position. Not to worry, a friend who had a political appointment offered me his office where I could store my library I inherited from my father’s law practice, and I developed a solo practice in that small county seat town.

There were eight members of the county bar which I helped to establish. Now there are over 100 dues-paying members of that bar and still others eligible for membership.

From there I went into full-time work for the Mississippi House of Representatives, establishing the permanent Legislative Services office in 1970, then became a full assistant Attorney General in 1972, the founding dean of Mississippi College School of Law in 1975, and in 1994 was elected as a charter member of the new Mississippi Court of Appeals, from which I retired in 2001 after having been re-elected without opposition in 1998.

The last several years I have been Scholar in Residence at Mississippi College School of Law writing its history. Although it is not in bound copy yet, it is camera ready and hopefully will be out before Thanksgiving.

I tell you all of this to let you know that although I had excelled academically, the first real affirmation I received as a lawyer came in 1964 from the Speaker of the Mississippi House who had served with my daddy (1936-1955) and who had been in the Mississippi House as a member since 1916 and as Speaker since 1944. (Daddy died in 1956 just a few months after I graduated from law school).

Up until then I had been so demoralized (even though I had consistently billed out accurate work for the law firm at a rapid rate) that I had come to believe (on more than one occasion) that I must have “snowed” all those teachers and professors and really was not smart enough to be trusted to give real advice.

Hardships taught me much, but most especially they made me committed to be an encourager of the ignored, devalued and unappreciated in our society — especially women lawyers. I have gathered a small group of professional women (at least half of whom are lawyers) to meet and share experiences on a bi-monthly basis, especially to encourage them. We are called the DragonSlayers.

Now that I am retired, I still find those old doubts of not being relevant that I felt in 1955 and off and on through 1995 when I became “that woman” on the Mississippi Court of Appeals rear their heads now and then; but not today.

Yesterday (Sept. 28), the Governor of Mississippi presented me with the Mississippi Award of Service and I realized that just as a handful of women lawyers before me, I, too, had helped forge a path — thicket filled though it may still be — for those who come behind me.

When I answered God’s call to the “ministry of jurisprudence” I had no idea how rewarding, though difficult, my path would be. God bless you for speaking out, never mind the stereotypical response that “complaining” comes from women!

Your 79-year-old predecessor,
Mary Libby Payne