Joe Spurlock - The Association of Former Students

BY S O N D R A W H I T E ’ 8 7
Research Interests: Discovering how
government systems based on diverse
political, cultural and religious ideologies
interpret the rule of law.
What is the hallmark of the Asian
Judicial Institute?
We assist countries transitioning from communism or socialism toward a democratic
system of justice. Under my direction, and
with the involvement of law students and
other faculty, the institute was instrumental in helping reform the judicial system in
Mongolia beginning in 1999. The institute
started when I had a rare opportunity to
meet the first president of Mongolia to be
elected by popular vote, Punsalmaagiin
Ochirbat, in Houston. Since then, we’ve
consulted for Mongolian, Chinese and
Russian officials at home and abroad.
askprof.
X
Friend of Mongolia
Why is the U.S. judiciary a model
system for the world?
In many countries, particularly emerging
democracies, the judiciary system is missing an adversarial component. All human
beings are searching for truth, but the methodology we use to discover that truth is
fundamental. In our system, the opposing
parties present evidence to a court, which
allows a judge or jury to determine the truth
about a conflict. It’s adversarial by nature.
Other countries, such as Mongolia, still
struggle with this concept. It is common
belief that judges and prosecutors work as
a team for the government’s purpose.
rights. One of those is freedom of religion.
Whether it’s Catholicism, Hinduism, Judaism or Islam, a country ruled by a theism of any kind can’t have democracy. If
you don’t have the basic freedom to choose
whether you believe in a deity or not, or
how and where you worship that deity, true
democracy does not exist. That choice
must also be governed by a constitution.
What is your teaching passion?
Family law and contracts. I’m intrigued by
how people interpret contracts, and I often
remind my students that we’re not like Mr.
Spock: We’ve not invented a mind meld,
so we’re stuck with the imperfections of
words and language. Rarely is one party
100 percent right or wrong in a family law
or contracts case. Texas A&M offers 11
hours of family law; I teach eight hours of
those courses and love every minute.
In 2005 , Spurlock was awarded a Friend of Mongolia medallion by the
president and parliament of Mongolia for his work on democratic judicial
reform. He’s writing a book about his experiences there, but likely won’t
complete its final chapters anytime soon. “Our work in Mongolia is not yet
done, because the country has yet to fully transform its judicial system. The
Mongolian people say they want democracy, but have a hard time turning
down power. We’re still working on that,” he said.
Why are you still teaching?
Because I love the law. I will be 78 by the
time this is in print, which means I was in
my 50s before most of my students were
born. So when I talk to them about Vietnam, it’s like someone talking to me about
the Spanish-American War when I was their
age. But they must understand where we
come from and where we’re going. Teaching law from a historical perspective adds
great value to their education. t
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CONTACT:
MYKE HOLT
How do you define democracy?
Democracy is the freedom to participate
in society’s decision-making under the rule
of law, which should guarantee basic human
38 | t e x a s a & M F o u n dat io n
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2
FAC TO R S
His grandfather, Sheriff Joe G. Spurlock of Throckmorton County,
Texas, died in 1910, two days after being shot while attempting to
serve a warrant. His father Joe C. Spurlock was a district and
appeals court judge who helped create the Texas Trial Lawyers
Association. Otis Rogers, his great uncle, was a Fort Worth attorney,
as is his brother W. Dean Spurlock. Spurlock II succeeded his father
on the Fort Worth 2 nd Court of Appeals before he retired in 1992.
1
COWTOWN
CHARACTER
This Texas native is
never without his
favorite cowboy boots
and hat, a 100 th
anniversary edition
from Peters Brothers
in Fort Worth.
“It’s the same style
cowboy hat worn by
Lyndon Johnson,
Robert Duvall,
Amon Carter and
now, Mongolian
officials who visited
Fort Worth.”
4
A NEW
CONSTITUTION?
Spurlock was a
delegate to the 1974
Texas Constitutional
Convention, which
failed by a mere three
votes to propose a
new constitution for
the state. That failure
spurred his interest
in how Mongolia,
a nation emerging
from 70 years under
communism, adopted
a democratic political
and economic system
in less than one year.
LEGAL LEGACY
3
WARRIOR’S HEART
As a member of
Texas A&M ’s 1956
fencing team under
Coach Russell
Wieder, Spurlock
was ranked among
the top 10 collegiate
fencers in the nation.
He was also awarded
the U.S. Bronze Star
Medal while serving
the 525 th Military
Intelligence Group
in Vietnam.
Judge Joe Spurlock II ’60
Professor of Law
Director of the Asian Judicial Institute
LL.M. JuDICIAL ProCESS, unIvErSIty oF vIrGInIA
VETO MAN
SCHooL oF LAw (1992)
J.D., unIvErSIty oF tExAS SCHooL oF LAw (1962)
B.A. EConoMICS, tExAS A&M unIvErSIty (1960)
5
After a stint as
Tarrant County
district attorney,
Spurlock served
three terms in the
Texas Legislature.
Later, he was counsel
to Gov. Dolph
Briscoe. “My office
in the basement of
the Texas State
Capitol was adjacent
to an undisclosed
elevator connecting
Briscoe’s office to a
subterranean exit,
which provided me
unfettered access to
the governor and a
getaway for him!”
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