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ABA House adopts revised Model Judicial Conduct Code By Robert A. Clifford Illinois State Delegate The Illinois delegation to the American Bar Association met in January in Chicago and again in Florida, in preparation for discussion before the House of Delegates during the midyear meeting in Miami in February. The most significant issue approved at the ABA meeting was the revision of the Model Code of Judicial Conduct. In 2003, then-President Dennis W. Archer Jr. announced the appointment of a commission to review the ABA's model ethics codes for judges. The revisions that had been discussed in committee for years were intended to clarify guidance on the professional and personal conduct of judges, and to assure the public that effective standards exist to regulate that conduct. With the theme of “integrity, independence and impartiality,” the House updated the code regarding the political activities of judges, the permitted conduct for judicial election candidates, the acceptance of gifts, and the prohibition of judges making pledges or commitments regarding cases that are before them. After much debate, the commission's work constitutes the most sweeping effort since 1990 to change the model code that is widely followed by the states.
Judicial pay reviewed In other action, the House urged Congress to take immediate action to enact a substantial pay increase for the federal judiciary, a resolution for which the Illinois State Bar Association was a co-sponsor. The House of Delegates also adopted a range of policies on criminal justice, including more effective criminal sanctioning. The House adopted a resolution that encouraged jurisdictions to develop community supervision programs to allow all but the most serious offenders to avoid incarceration and conviction records, as well as meaningful graduated sanctions for violations of probation or parole. Another resolution adopted urged state agencies and licensing boards to develop and enforce a policy that would more easily re-integrate offenders into society, including contractors and vendors who do business with the state. Still reeling from the effects of Hurricane Katrina, with Louisiana operating under emergency pro hac vice procedures, the House addressed not only the needs of clients who had difficulty securing pro bono service from out-of-state lawyers but also lawyers who had their records destroyed or were forced to be displaced for months in the wake of the disaster. The House provided guidance for lawyers to practice in another jurisdiction following an emergency. based on a model rule introduced by the ABA Task Force on Hurricane Katrina.
Military assistance urged Answering a need for legal assistance for military personnel, the House reaffirmed its policy urging Congress to make mandatory the provision of civil legal assistance to all low-income, active-duty service members and their dependents. The House urged federal, state and local lawmakers to respond to the increasing social and family needs of the children of deployed American military members. The House also urged states to enact “apology legislation” that would allow medical providers or their staffs to apologize for “unanticipated outcomes” of medical care relating only to pain, suffering or death to be inadmissible as evidence of an admission of liability. After hearing from Cheryl Niro of Chicago speak, in support of the resolution, of the “incredible healing power of sorry and words of compassion,” the House voted favorably in the hope that such an act would improve the delivery of health care by the medical profession. The Commissions on Homelessness and Poverty and on Mental and Physical Disability Law co-sponsored a resolution that opposed the implementation of laws and policies that punish persons experiencing homelessness for carrying out life-sustaining practices or acts – such as eating, sleeping and seeking shelter - in public spaces when no alternative private areas are available. The House of Delegates approved the resolution and urged the legal community - including national, state, territorial and local bar associations - to recognize the problems faced by homeless people and to work in cooperation with the courts, lawmakers and advocates to revise laws and policies.
Help for the unpopular In support of the rule of law and equal access to justice, the House approved a resolution that promotes pro bono service in assisting people who embrace unpopular causes. This resolution stemmed from the recent controversial statements of Charles Stimson, former deputy assistant secretary of defense for detainee affairs, who condemned lawyers providing pro bono legal services for Guantanamo Bay detainees. The ABA was among the first to respond to these outrageous remarks. At that time, I wrote an article that was published on the editorial page of the Chicago Tribune. The ABA resolution not only commended lawyers who provide legal services to disfavored individuals and groups, it urged public education efforts to explain the vital service these lawyers perform under the American system of justice.
New officers nominated New ABA officer nominations for 2008-09 were approved by the Board of Governors and will be voted on by the House of Delegates during the annual meeting in August in San Francisco. They are H. Thomas Wells Jr. of Alabama, for president-elect; Bernice B. Donald of Tennessee, for secretary-elect, and Alice E. Richmond of Massachusetts, for treasurer-elect. |