The United States Supreme Court granted a stay of execution to Hank Skinner about an hour before the Texas death machinery had a chance to put on a show.  The stay will terminate of its own accord should Skinner’s petition for a writ of certiorari be denied, meaning that it’s a baby step toward the goal of the only issue blocking his execution, DNA testing to either confirm his guilt or not.

Jeff Gamso has links to the relevant documents and an array of posts on Skinner.  Mark Bennett provides the procedural history leading to this point, not to mention a bit of blawgospheric trickery to get those otherwise disinclined to care to become aware of the issue.  Brian Tannebaum takes on the simple minds who are incapable of understanding why there’s any issue at all.  And a broad group of lawyers online spent a good deal of time yesterday spreading the word as far and wide as they could.

We’re not so delusional as to believe that it was our twitter campaign that moved the Supremes to grant an 11th hour stay, or had Texas Governor Rick Perry cowering in the corner of his governor house hiding from the digital townspeople with their pitchforks and torches.  But it showed that they cared enough about the right thing to act.  If it played any role, even to merely encourage those engaged in the real fight to stop the possible execution of an innocent man, it served a purpose.  If it played no role whatsoever, at least we didn’t turn our backs.

It was a day of gross juxtaposition, however.  While some blawged, some twitted, some did both, in the name of keeping Hank Skinner alive long enough to make sure he was guilty before killing him, other lawyers were occupied with doing the things most important to them.  They had no time to notice the impending execution of Hank Skinner.  They were busy with more important things.

There was marketing to do.  There were ten tips on how to best use social media to connect with your tribe to be told.  There was a delicious luncheon to describe.  And somewhere, there was a conference being held on how to make lawyers more money.

Self-promotion depends on making others like you, think you’re fun and interesting, want to engage with you.  Nobody wants to love you when you’re busy being a downer, harping on some unpleasantness like the execution of some guy in Texas.  It’s not like the guy is a member of the family.  Or even a friend.  Hey, people die every day. What’s one more?  It’s not like life doesn’t go on, you know.

Life does go on.  No one expected any lawyer anywhere to go on a hunger strike yesterday to protest the impending execution of Hank Skinner.  Enjoy that delicious luncheon.  It would be terrible shame to waste fine food.  But going about your life doesn’t exclude your ability to be aware of, care about, do something about, a pretty big issue happening within your sphere of concern as a lawyer.  Even if it’s only to join in the chorus, one more voice makes the hosanna louder.

It made me proud that I could be a part of the group of lawyers who raised a hand, maybe only a finger, to be part of the solution.  It may have meant absolutely nothing to the grant of a stay or the transitory extension of Hank Skinner’s life, but it’s better to try than not.  In contrast, the swell of lawyers who were too busy going about their daily lives online, eying themselves in the mirror to see if their hotpants made their butt look fat, may have found a new client while we were trying to save a life.

These are the choices that lawyers have to make in this digital age.  Social media can be put to good use, but it’s up to each of us to decide what a good use is, and whether trivial, self-serving interests are sufficient to make you feel that you’re day wasn’t wasted.