Guiding Legal Leaders of Tomorrow
A Q&A with AUWCL Dean Roger A. Fairfax Jr.
A prominent legal scholar, educator and nationally known expert on criminal justice, Dean Roger A. Fairfax Jr. takes the helm of American University Washington College of Law at a critical moment in the law school’s history.
Prior to joining AUWCL in July, Fairfax held positions at George Washington University Law School as the senior associate dean for Academic Affairs, associate dean for Public Engagement, and the Patricia Roberts Harris Research Professor of Law. His scholarship has been published in books and leading journals, and he has taught courses and conducted research on criminal law and procedure, professional responsibility and ethics, criminal justice policy and reform, racial justice, and grand jury and internal investigations. Fairfax has championed diversity, equity, and inclusion efforts throughout higher education and the legal profession.
“We need leaders in this profession now more than ever,” Fairfax said. “We need them to help protect and expand the rule of law and to help society tackle its most pressing problems. I look forward to working with the students, faculty, staff, and alumni of the Washington College of Law to write this exciting next chapter in our storied history. As I've often said, as rich as its history is, I firmly believe that AUWCL’s best days are ahead.”
Before his career in academia, Fairfax—a graduate of Harvard Law School—practiced with O’Melveny & Myers LLP in Washington, D.C., and served as a federal prosecutor through the Attorney General’s Honors Program in the Public Integrity Section of the Criminal Division of the U.S. Department of Justice. He began his legal career as a law clerk to Judge Patti B. Saris of the U.S. District Court for the District of Massachusetts and to Judge Judith W. Rogers of the U.S. Court of Appeals for the D.C. Circuit. He is a member of the American Law Institute, a Fellow of the American Bar Foundation, a member of the Board of Trustees of the National Institute for Trial Advocacy, and a member of the Judicial Conference of the United States Advisory Committee on the Federal Criminal Rules.
The Advocate sat down with Dean Fairfax to learn more about his legal journey, from his family roots in D.C. and his mentors and influences, to molding legal minds and leading a law school that strives to Champion What Matters throughout the District and beyond.
Q: What sparked your interest in law, specifically your interest in criminal law?
As a teenager in D.C. in the 1980s, I saw my community devastated by the epidemic of crack cocaine addiction and the concomitant violence followed by enforcement and sentencing policies that gave rise to mass incarceration and racial disparities. This inspired me to question whether crime policy could serve public safety, fairness, and racial justice. I’m fortunate today to be able to participate as a scholar, as a lawyer, and as an advocate to find bipartisan solutions and support for alternatives to incarceration, data-driven approaches to avoiding recidivism, the treatment of narcotics addiction as a public health issue, and innovative ways to disrupt violence in the most vulnerable communities.
Q: You practiced law before you transitioned into academia. What skills and knowledge from that experience equipped you for the classroom?
Having worked as both a prosecutor and as a defense attorney, and having remained engaged in law reform, practice, and policy communities, I have had the opportunity to work with people from many different backgrounds and points of view. I have been in the position of needing to persuade others, and I have learned how to listen as well. Finally, regardless of the role I have undertaken at any given time, I have always remained focused on my public service duty as a lawyer. I have been able to bring that perspective into the classroom as an instructor and in my work as an administrator. The role of law school is to prepare lawyers who are practice-ready, who are competent, who are ethical, and who have a true public service orientation. This public service orientation is important regardless of what practice setting one is in, whether it is in the private sector or public sector, or even if one decides not to practice at all after receiving their legal training. I have always tried to instill that recognition in my students, who have gone on to productive careers in private practice, government service, public interest law, and beyond.
Q: Your family has been along for your legal journey—you and your wife, Lisa, who is also a law professor, have raised three children and have been very involved in your community while juggling busy careers. What have those experiences taught you about maintaining a work/life balance?
I got some great advice very early in my career from one of my mentors, the late William T. Coleman Jr., a towering figure in the law. He was an amazing person and one of the most accomplished lawyers I have ever met. He graduated at the top of his class at Harvard Law School, was the first African American to clerk on the U.S. Supreme Court, was a principal drafter of the petitioner’s brief in Brown v. Board of Education, and served as U.S. Secretary of Transportation in the Ford administration. He always reminded me that while I was building my career, I needed to center what is most important. He would tell me that rigor, dedication to one’s client, and a dogged work ethic are indispensable to a successful legal career, but loved ones and friends and purpose are indispensable to a happy life. So, Lisa and I have always made it a point to be present at the volleyball, basketball, softball, and soccer games and track meets, and recitals, and parent-teacher conferences, and pediatrician appointments. We also are fully engaged in our community. This has often meant working some very late nights and early mornings, but I would not change a thing.
Also, from a wellness standpoint, the legal profession suffers from high rates of dissatisfaction and mental health and substance abuse challenges. As a leading law school in this country, I would like AUWCL to support our students and alumni in this vein and model the behavior that we would seek to have emulated within the bar.
Q: You have deep family roots in D.C. Does that provide you with a unique perspective in serving as a dean here?
The District of Columbia has been special to me and critical to my personal and professional development. The D.C. educational landscape has such an important local, national, and international profile, and colleges and universities in the District have historically contributed to the welfare of the region. I certainly was a beneficiary of that. When I was a teenager and had exhausted my northeast D.C. high school’s math curriculum, I was able to take classes in advanced math and economics free of charge at Catholic University. In high school, I participated in mock trial competitions sponsored by Georgetown University and attended programs and events at Howard University, GWU, and the University of the District of Columbia. Part of my own strategic vision for AUWCL is to ensure that we continue to expand our footprint and our relevance to the communities in D.C. “beyond the monuments” which are populated by generations of hardworking people who want the same things everybody else wants. They want just treatment from their government and they want educational and economic opportunities for their families. I want to illuminate and expand the ways in which AU and WCL can use our platform and influence to have an impact on these communities.
Q: You’ve designed and taught some unique classes, a very popular course called “Criminal Justice Policy and ‘The Wire.’” What do you see as the benefit of connecting legal subjects to real life issues and pop culture, and how do students respond to it?
I love teaching, and I view my ability to shape the next generation of lawyers as a true privilege. I believe that no matter how long one has been in the classroom, teaching is an art that can never be mastered. It is forever a work-in-progress, and you have to continue to work hard to effectively connect with students. Although I enjoyed teaching Criminal Law, Criminal Procedure I and II, and Professional Responsibility and Ethics, and have even authored textbooks for two of those courses, I have also developed more specialized, capstone courses that permit a deeper dive into the material. One example is my course on criminal justice reform and the critically acclaimed HBO series, “The Wire.” The idea, which I borrowed from my mentor and former law professor Charles Ogletree, was to use the show as a vehicle for introducing law students to topics that sometimes aren’t included in the traditional doctrinal criminal law courses. Many have described this celebrated show as literature on television, and we used it as a text to introduce a deeper dive into issues like the war on drugs, mass incarceration, juvenile justice, lawyering ethics, racial and gender justice, and policing and democracy.
And what I have found is that students may be drawn initially to the course because of their interest in the show and the topics. But what they got out of it was really a unique experience where they were able to do much more than just scratch the surface on these issues that underscore the doctrinal policies they study in the more traditional, foundational criminal law and procedure courses. The students in the course not only hone their critical thinking and writing skills, but they are better prepared for the various roles—prosecutor, defense attorney, judge, lawmaker, and criminal justice administrator—they are likely to take on in their careers. The student feedback on the course, over the more than a decade that I've been teaching it, has always been overwhelmingly positive.
Q: Did you have particular experiences in previous positions that will serve you well as you step into the role of dean?
The most obvious is having served as senior associate dean for Academic Affairs at my prior law school, which gave me insight into every aspect of the law school operation—from academic administration and student support to budgets and fundraising—and, most importantly, a window into the level of dedication and commitment of the staff, faculty, and colleagues who collaborate to provide a first-class experience for students and alumni. I also served as an associate dean for Public Engagement, which gave me the opportunity to amplify the accomplishments of my colleagues and to help to craft the narrative about all of the great things happening within the institution. I have also had leadership experience with diversity, equity, and inclusion at the law school and university levels, including the recruitment of students, staff, and faculty.
I also held previous university roles that were quite helpful, including service on the executive committee of Faculty Senate, through which I obtained a greater appreciation for how the law school fits into the broader context of the university and the unique challenges facing law schools. And I also had the opportunity to work directly with students in a number of capacities. I was a formal faculty advisor to groups such as Black Law Students Association and the Criminal Law Society, and I worked closely with the leadership of the Student Bar Association. This gave me a greater appreciation for the concerns of students and the challenges that students face in law school.
Q: What are your top priorities for your first year as dean of AUWCL?
I organize these priorities into five key areas. The first has to do with scholarship and teaching, focused on pedagogy and bar passage, academic excellence and the preparation of ethical, well-trained lawyer leaders. We will also attract and retain talented and productive faculty, and enrich the intellectual life and scholarly engagement of the entire AUWCL community.
The second area relates to reputation and impact, ensuring that we continue to elevate our reputation within the bench and bar, among prospective students, and in the broader community by effectively sharing and communicating the narrative of the extraordinary work being done by our students, alumni, staff, and faculty.
A third area has to do with diversity, community, civility, and respect—ensuring that we remain vigilant in the pursuit of diversity, equity, and inclusion, and that we model the type of community norms at AUWCL we want to see emulated in the legal profession our students will be entering. This also includes engaging our broader community in D.C. and surrounding region and building on AUWCL’s rich tradition of pursuing justice and championing what matters.
A fourth area has to do with the pursuit of a world-class student and alumni experience. We are going to be laser focused on the student experience, everything from student services to career and professional development, and narrowing in on the unique challenges facing law students in 2021, including around the public health crisis and financial issues. I also want to focus on the alumni experience, right from the moment our students cross the stage and get their diplomas. Throughout all phases of their career, and even into retirement, I want AUWCL to remain a meaningful and impactful force in their careers and in their lives.
And finally, I'll be focused on financial stewardship and sustainability. We want to make sure that AUWCL has the resources necessary to make an impact in all of the aforementioned areas. This will include a focus on our development and engagement around our annual giving, major gifts, and the broader university fundraising campaign. We’ll also be looking at expanding resources through grants and non-tuition revenue generation. We also will ensure we are effective stewards of the resources we do have and that we allocate those resources in a manner that aligns with our strategic vision.
Q: What advice would you give recent AUWCL graduates as they enter the legal profession?
I’ve long been fascinated by the stories of lawyers who, as has been said, help to “bend the arc of the moral universe toward justice.” While I was a student, I learned about some extraordinary lawyers who had that kind of impact, including Charles Hamilton Houston, Pauli Murray, Thurgood Marshall, Constance Baker Motley, Louis Pollak, J. Skelly Wright, Ruth Bader Ginsburg, and William T. Coleman Jr. They represented diverse professional paths; they were big law and small firm lawyers, government attorneys, civil rights attorneys, judges, and law professors and deans. I studied their lives and took lessons about how I might use the privilege of my legal training and law license to do my part to bend that arc. So, I would encourage our recent and not-so-recent graduates to seek out examples of lawyers you admire and whose professional paths you want to emulate. But make sure you are charting your own course, driven by your own values. You will figure out in time where and how you will make your contributions. The profession needs you now more than ever.
"The role of law school is to prepare lawyers who are practice-ready, who are competent, who are ethical, and who have a true public service orientation. I have always tried to instill that recognition in my students, who have gone on to productive careers in private practice, government service, public interest law, and beyond."
Dean Roger A. Fairfax, Jr.