|
‘Work of freedom has just begun,' Kennedy tells ABA A report by Chicago attorney Robert A. Clifford, Illinois state delegate to the American Bar Association House of Delegates, on its -sessions during the ABA Annual Meeting in San Francisco in August. • • • U.S. Supreme Court Associate Justice Anthony Kennedy received the ABA Medal for 2007, the highest honor of the organization. The medal is given only in years when the ABA Board of Governors determines that a nominee has provided exceptional and distinguished service to the law and the legal profession. Justice Kennedy was recognized for his outstanding contributions in advancing the rule of law, as well as federal sentencing guidelines. It was a true inspiration to hear his acceptance speech before the House of Delegates. Without notes, he spoke extemporaneously for 20 minutes about what it means to be a lawyer and to uphold the rule of law in this country and elsewhere. “The work of freedom has just begun,” he said to a hushed crowd at the Moscone Convention Center. The rule of law can be an “instrument of opportunity” for everyone around the world. Kennedy said that ABA members should be not only lawyers of America, but lawyers for America. He held back tears in thanking his family for their support in his work. To hear his entire speech, visit the Web site at http://www.abavideonews.org/ABA435/av.php?id=27&type=vAlso at that site, speeches can be heard of William H. Neukom, the new president of the ABA, speaking of his World Justice Project, a multi-disciplinary and multinational approach to the rule of law. In response to his initiative, the Board of Governors created the World Justice Project Advisory Commission with up to five counselors who will provide advice about and support for the project and rule of law activities. Neukom also will work to build collaboration among ABA entities and other organizations. His term is building toward a summit in Vienna in the summer of 2008 for hundreds of leaders. H. Tommy Wells Jr., president-elect, also addressed the House of Delegates and talked about lawyers making a difference. He said that he intends to carry on the initiatives of previous presidents and will focus on programs and activities that are central to the core values of lawyers. Henry F. White Jr., who took over as executive director a year ago, spoke of a call to action of the legal profession. He noted that the ABA is the only institution in this country whose work touches every American every day. White said the organization will continue to strive to increase membership and nurture leadership skills of all lawyers, as well as develop forums for open debate so all perspectives may be heard.
Major resolutions adopted Many of the issues considered by the ABA are before Congress and are being debated throughout the country. Among them are: • Congress should override the president's executive order of July 20 that alters the U.S. government's international obligations under the Geneva Convention regarding the treatment and interrogation of detainees. • Mandatory age-based retirement policies at law firms should be discontinued because they are not in the best interests of the clients or the profession. Instead, law firms should evaluate senior partners individually consistent with the firm's performance criteria. During the debate, it was noted that senior lawyers can create opportunities for younger lawyers in different ways. The resolution calls for firms to voluntarily change their policies and is not meant to interfere with a firm's right to enter into contracts with its partners. • Judicial review is necessary in civil cases when the government asserts state secret privileges. The state secrets doctrine has been used extensively throughout the country since Sept. 11, 2001. The resolution states that a court should dismiss a case only after confidentially reviewing whether the defense would be substantially impaired by the inability to use privileged evidence in its case. • U.S. attorneys and career attorneys should be insulated from partisan politics in their appointment, retention and replacement, as well as in the exercise of their professional judgment and discretion. • All governmental entities should improve the administration of elections through facilitation of voting by individuals with disabilities. • Congress should act in response to a recent U.S. Supreme Court ruling on pay discrimination. The ABA policy calls for the statute of limitations to run from each payment, reflecting the claimed unlawful disparity of an employee rather than filing within a 180-day time limit from the first paycheck under the 1964 Civil Rights Act, as held in Ledbetter v. Goodyear Tire & Rubber Company.
Nominations and elections Nominating speeches were heard from all of the candidates for major ABA offices. William Hubbard, running unopposed for chair of the House of Delegates, spoke, along with three candidates for president-elect: Carolyn Lamm of Washington, D.C., Paul Moxley of Utah, and Jim Silkenat of New York. The nominating committee will nominate candidates during the 2008 midyear meeting, and the House of Delegates will vote on them at next year's annual meeting. The following officers were elected: H. Thomas Wells Jr., Alabama, as president-elect; Hon. Bernice B. Donald, Tennessee, as secretary-elect and secretary from 2008 to 2011; Alice E. Richmond, Massachusetts, as treasurer-elect and treasurer from 2008 to 2011.
Board of Governors action It also was reported that Richard Cassidy of Vermont and Rosemary Guiliano of Connecticut are members of the Planning Committee for ABA Day in Washington, D.C., scheduled for April 16-17. It will mark the 50th anniversary of Law Day. Lawrence M. Gill of Chicago was re-elected to the Standing Committee on Audit, and he was appointed by President Neukom as its chair for a one-year term. Liisa Thomas of Chicago was elected to the board of trustees of the American Intellectual Property Law Education Foundation for a three-year term. R. Thomas Howell Jr. of Chicago also is to be congratulated on being named general counsel of the ABA. Thomas Z. Hayward Jr. of Chicago was re-elected to a three-year term on the ABA Museum of Law board of directors. Mitchell A. Orpett of Chicago was elected to serve on the Committee on Scope and Correlation through 2012.
Issues of concern aired The ABA Committee on Issues of Concern to the Legal Profession, on which I serve, was created by the House of Delegates in 2004 to identify issues and find ways to effectively engage the House of Delegates in full debate on emerging issues of concern to the legal profession. We have been discussing the presentation of programs during the midyear meeting in Los Angeles and the annual meeting in New York next year. We have had a subsequent conference call to try to nail down the topic and speakers. The committee will pursue a debate-type format, and the topic for the midyear meeting will be the tension between the executive and legislative branches of government. The topic for the annual meeting will be the growing use of subpoenas being granted to obtain reporters' sources. Committee members now are investigating many suggestions regarding moderators and high-profile speakers. I will keep you posted as this develops under the leadership of its new chair, John L. McDonnell Jr. of Oakland, Calif.
Strategic communications The Standing Committee on Strategic Communications, which I chair, has been busy trying to improve communications within the ABA infrastructure. The goal of the committee is to communicate more effectively with members, particularly through the ABA Web site, and to keep ahead of the curve on technological advances. Presentations were made to the Board of Governors and the Section Officers Conference on a blog policy for ABA members. The board adopted a policy on interactive online communication that enables direct member communication through the Web site, provided certain standards are adhered to. Already, committees are communicating through list-serves and blogs in order to more efficiently and effectively get their work accomplished. The committee is planning a follow-up conference call in the fall to further develop an ABA communications plan.
Illinois law schools As I have mentioned in previous e-newsletters, the Illinois delegation is interested in hosting an event for Illinois law students that would serve as a networking mixer this fall. The purpose would be not only of collegial value, but would demonstrate to these students the value of the ABA. Toward that end, we have been in touch with the 7th Circuit governor of the ABA Law Student Division representatives, a student from John Marshall, to sit down and work with other active student members of the ABA to make this happen. If you would like to participate in organizing or hosting this event, please contact my administrative assistant, Rachel Baker, at (312) 899-9090.
Some closing thoughts Next up is the ABA Midyear Meeting scheduled Feb. 6 to 12 in Los Angeles. If you have any questions, or would like to discuss any issues, please feel free to contact me at (312)899-9090. As a side note, I should mention that I was appointed to the executive committee of the Conference of State Delegates. Nine state delegates from around the country sit on this committee. |