Austin Peay -- Fall 1999
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Justice is a Woman
   by:  Dennie B. Burke
          Director of Public Relations and Publications

    

Hon. Mary C. Noble ('71, '75)

     Leading into Lexington, Ky., Newtown Pike reflects both the old and the new. Despite motels cropping up along the route, several horse farms remain, framed by white-board fences or stacked-rock fences, some dating to pre-Civil War days.

     Beyond the fences, green fields roll into the distance. Wobbly-legged foals and mares stand close together while, in an adjacent field, proud stallions prance about on strong, sun-dappled legs. Countless artists have tried to freeze this scene on canvas.

     The Bluegrass of Kentucky. Despite the love and reverence the locals have for their white-fenced farms and sleek race horses, something gut-deep says remember this view, memorize it like the face of a loved one whose end is near.

     No longer a sleepy Southern town, Lexington has become a booming metropolis. City planners try to regulate expansion and protect the grandeur of the farms encircling the city, but rampant growth is as difficult to contain as cancer.

     Fayette County’s old, stone courthouse stands four-stories high at 215 West Main. Because it no longer meets the needs of a growing populace, a new one is being built.

     Located on the top floor of the courthouse, the suite of offices for the Hon. Mary C. Noble (’71,’75), chief judge of Fayette County Circuit Court, is spacious and beautifully decorated, befitting her position—yet warm and welcoming, reflecting her personality.

     Elegant English hunt scenes bedeck walls throughout the suite. Across from the receptionist’s desk, two rose-colored wingback chairs and a navy satin-striped, camel-back loveseat welcome waiting visitors.

     In Noble’s private office, high windows front on Main Street. The massive desk is imposing; the walls, lined with built-in shelves, create a legal library. But the pictures of family and friends scattered about, the soft leather sofa facing the desk and the walls, painted a rich blue, are evidence this is the office of a woman—albeit a powerful woman.

     Although Noble and her husband, Larry (’71,’75), grew up in Breathitt County in the mountains of Eastern Kentucky and lived in different towns during the early years of their marriage, Lexington has been their home since 1979.

     When Noble was a child, her parents separated, and her mother and she went to live with her grandparents. Her grandfather, George Henson, was a shepherd at the University of Kentucky Robinson Substation—an agricultural education center located in Breathitt County. The family was provided on-site housing. Since the substation is a part of UK, Noble grew up among educated people who came and went daily.

     This environment set the stage, but it was Henson who stressed education. "My grandfather taught himself to read when he was 33," she says, proudly. "He had a desire to learn—and he nurtured it in me. He told me ‘Mary, I want you to go further than I did.’"

     After high school, she enrolled at Lees College in Jackson, Ky.; Larry received a basketball scholarship to attend APSU. Proving separation does make the heart grow fonder, they married after their freshman year. Noble joined her husband at APSU where she earned a bachelor’s degree in English and a master of psychology degree.

     What did she enjoy most about her years at Austin Peay? Without missing a beat, she says, "Watching Larry play basketball in the Little Red Barn." According to longtime friend, Dr. Carlette Hardin (’71, ’79), APSU professor of education, Noble was her husband’s biggest fan, and today he’s her staunchest supporter.

     Noble smiles as she recounts how Hardin and she became friends: "I met Carlette in P.E.—a softball class. We were both so klutzy neither was ever picked; we always ended up in the outfield, so we stood out there and talked." It was the beginning of a lasting friendship.

     After teaching at Montgomery Central High School, Clarksville, Noble became a guidance counselor at Columbia Military Academy (CMA) where her husband was lower school headmaster. Later, she taught psychology at Columbia State Community College and enjoyed it so much she considered pursuing a psychology doctorate.

     About this time, a teacher at CMA sued the academy for back pay. In financial straits, CMA had not paid its teachers regularly. Since Noble’s husband was headmaster, she couldn’t become involved, but she listened intently and her interest in the law grew.

     She says, "That’s when I decided to study law, but my ambition was to become a judge. It’s important that people have a judge who is honest and fair—and bound by law."

     Noble was accepted to Vanderbilt University’s doctoral program in psychology and to the University of Kentucky Law School. Her husband had decided education administration wasn’t for him; he missed interacting with children in the classroom.

"Mary Nobele is a strong woman who is well-qualified and courageous enough to make the right decision in cases before her. Her fine character is what we need," said former Lieutenant Governor of Kentucky Steve Beshear, during Noble's first run for circuit judge.

     She says, "Our goals shifted simultaneously. Larry was an incredible support for me." He nudged her toward law, kiddingly saying she "had the mouth for it."

     In 1979 at age 30, she began her first year of law school. She says, "It was the first time I had been in a class where everyone had high ability and intellect, where everyone was as ambitious as I. It was very, very competitive.

     "I began to think I’d made a big mistake; I was discontent and let my grades slide. Larry straightened me out. His reminding me we had uprooted our lives to allow me to do this helped put things in perspective. I got focused and completed law school in two and a half years instead of the usual three."

     After law school, Noble worked in a couple of law firms and then launched her own firm in 1985, as a litigation attorney doing personal injury and criminal defense cases. In 1989, she was appointed domestic relations commissioner of the Third Division of Fayette County. With family law issues making up half the circuit court cases, her psychology background proved beneficial. The commissioner decides issues of child support, custody, visitation and property division—decisions requiring sensitivity, compassion and patience, along with strength to do the right thing within the law. Noble has these traits in spades.

     Her work as commissioner set the stage for a successful run in 1991 for circuit judge; she became one of eight circuit judges in Lexington, and one of only three women circuit judges in the state at the time. During her campaign, she had the backing of several powerbrokers, including former Attorney General and Lieutenant Governor of Kentucky Steve Beshear who, touting Noble’s credentials, said, "Mary Noble is a strong woman who is well-qualified and courageous enough to make the right decision in cases before her. Her fine character is what we need."

     Noble is completing her first eight-year term and was unopposed this year for a second term. In April 1998, she was elected by her peers as chief judge of the Fayette Circuit Court—the first woman to hold this position in the court’s 200-year history. In addition to her full trial schedule, as chief judge she has additional administrative duties, such as being the official spokesperson for the court and serving on statewide committees.

     Noble sometimes misses litigation. She says, "There’s a fire to litigation. Good litigators are gladiators—full of drama and histrionics. I loved that part of being a lawyer as much as I do being a judge. Experience as a litigator has helped me be a better trial judge."

     She recounts some memorable cases that have been brought before her bench. One was a divorce case. She says, "It involved spouse abuse and heated custody issues. The husband had stabbed his wife and been admitted to a psychiatric unit.

     "He was violent, so I suspended his visitation rights with his children. He went to their daycare center, grabbed his three-year-old away from the mother as she was dropping the child off and shot the mother. He drove away, stopped near a local radio station—and shot himself. Both died.

     "That may be my most painful case. I asked myself, if I’d allowed visitation, would that have appeased him? But as a judge, you can’t start second-guessing yourself."

     She has heard it all—medical malpractices, gruesome murders, sexual abuse, child molestation. She says, "For your own sanity, you have to adopt a mindset that enables you not to take these things home. It sounds cold—but you must distance yourself mentally, develop techniques to detach yourself from the human tragedies you see daily. A detached judge is an impartial judge. If you can’t detach yourself, you shouldn’t stay on the bench."

     Such detachment exacts a high cost socially. She says, "When attorneys get together, they talk shop. They discuss their cases—cases I could end up hearing as judge, so my old attorney pals are restrained around me. Isolation comes with the job. That’s why judges socialize outside legal circles."

     To "detach" as well de-stress, the Nobles retreat as often as possible to their lakehouse on nearby Herrington Lake. No phones. No interruptions. Just boating, swimming, fishing, hiking, sleeping, reading—renewal of mind, body and spirit.

     Judges build other barriers simply because a good judge cannot avoid controversial cases or issues. "Sometimes you have to make unpopular decisions—ones based on the law, not public opinion," Noble says. "You have to be courageous."

     Unpopular decisions may evoke hostility or harassment. She’s received threatening letters; she’s been stalked; and recently, she’s received a series of phone calls—no voice, just a few lines of music. "Larry answered the last one," she says. "The lyrics were ‘your days go by too fast’—followed by ‘boom, boom, boom.’ The sound of gunfire."

     Such inherent danger is among the factors why serving as a judge is so demanding. Not many women have taken up this challenge. Only 19 percent of all Kentucky judgeships are held by women. Of Kentucky’s 103 circuit court judges, Noble is one of only 13 women on the bench today and the second most senior woman circuit judge.

     This male/female discrepancy was the topic of a March 30, 1999, meeting in Frankfort, sponsored by the Kentucky Commission on Women and the Governor’s Office of Child Abuse and Domestic Violence Services, which Noble attended.

     With the blessing of Gov. Paul Patton, these women outlined three specific actions to encourage female law students to seek judgeships. One is to ensure law schools offer internships and mentoring programs, not only to interest female law students in becoming judges, but also to acclimate male attorneys to working under women judges.

     Given Noble’s record of success as a judge, does she have higher aspirations? She says, "At the moment, no. I love trial work and would miss the people contact. Appellate work is so removed from the daily functioning of the law. I’m not ready to give that up yet. Someday I might want to teach law full time." Hers is the heart of a good teacher—she cares deeply for young people and has helped steer many toward better lives.

     This concern for young people has deep roots. It grew from the inspiration of her own role model and mentor—Marie R. Turner, superintendent of Breathitt County Schools when Noble was a grade school student. Turner held power during a time and in a locale where female leaders were a rarity. Noble says, "Ms. Marie ran the county. Besides being superintendent, she was the first woman to chair the State Democratic Party.

     "She took a special interest in bright children and often visited them at school. Many times she pulled me out of class saying, "Mary Jo, let’s talk,’ and she would ask me what I planned to do with my life. At first I told her I wanted to be an actress. She’d smile and nod her head. She never denigrated anything I wanted to do."

     Because of Turner, Noble was encouraged to set goals at an early age, and through Turner’s example, Noble came to understand the importance of reaching children when they’re young and impressionable. She says, "Younger defendants are appearing in court for serious crimes like rape and murder. These children are being tried as adults, which fits their crimes but causes serious problems in the corrections system."

     Noble stresses prevention. She visits schools often to talk about drug abuse and related problems. Because of her concern for troubled youth, Gov. Patton appointed Noble to the Juvenile Justice Advisory Board, which oversees juvenile justice practices.

     For the adult-addicted population, Noble established a Drug Court Program that is nationally recognized for its innovation and success. In partnership with the local police department, it requires addicted defendants to obtain drug treatment and to be held accountable through a program of review and graduated sanctions.

     One of Noble’s proudest moments was receiving the Robert Strauss Award, presented by the State Justice Department’s Division of Substance Abuse in recognition of her work with drug-addicted defendants. She is the only judge ever to be given the award.

     At every opportunity Noble reminds the people before her bench that life offers choices. She tells them: "You may be tempted to take the path of least resistance. Don’t. Every action has a reaction. In a court of law or in life, you must choose your path. What you choose today determines what your tomorrow will be."

     A fitting philosophy for a judge who sees herself as both an enforcer of the law as well as a purveyor of justice.

     A fitting philosophy for a woman who knows firsthand the importance of taking the helm to steer one’s own course in life.


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