ABA House debates, adopts mission goals statement

By Robert A.Clifford

The American Bar Association annual meeting, held in New York last month, was marked by lively debate on many important issues that impact lawyers, their clients and the profession. Among them were the mission of the organization, and patient privacy and safety.

The Illinois State Bar Association and Chicago Bar Association presented a plaque honoring Laurel Bellows for the successful completion of her two-year term as chair of the House of Delegates (photo on page 18).

Bellows then was appointed chair of the 2009 Law Day in April program to be held in Washington, D.C. William Hubbard of South Carolina succeeded her as House of Delegates chair.

Three new members of the Illinois delegation are Kent Gaertner, president-elect of the DuPage Bar Association; Brett Geiger of the ISBA Young Lawyers Division, and Caitlin Groh, Law Student Division member at The John Marshall Law School.

At the 18th annual Margaret Brent Awards luncheon, recipients included Judge Ann Claire Williams of the 7th Circuit Court of Appeals. Her long-time commitment to the bench, as well as her story of breaking racial and gender barriers, is fascinating.

Williams spoke of her parents teaching her to “always reach for the stars” and of trying to “make a path and to make life a little better for all those who follow.”

After the meeting, she was heading to Kenya to train 50 prosecutors. We applaud her and all of the honorees for their dedication to the profession.

Resolutions adopted

The following is a summary of action taken on some of the significant resolutions before the House of Delegates. Perhaps the liveliest discussion was created by the new mission statement and goals of the ABA.

The House adopted a mission statement stating that the ABA’s purpose is to serve equally its members, the legal profession and the public by defending liberty and delivering justice.

Thomas Hayward of Chicago, chair of the Long Range Planning Committee, introduced the resolution that pared the Association’s previous 11 goals to four: 1. Serve its members; 2. Improve the profession; 3. Eliminate bias; 4. Enhance diversity and advance the rule of law.

Although it was stated that they were in no particular order, many members felt it was key to state them in order of importance. A vigorous debate ensued as to whether its members or the work of the organization should be listed first.

Some argued that the members are “the soul of our organization,” while others said the rule of law is of primary importance, and stating this first would distinguish lawyers from being a trade group.

Portions of the debate were recorded and can be viewed at http://www.abavideonews.org/ABA531/av.php?id=270&type=v.

Ultimately, by a very close vote, the House decided to adopt the goals in the order as noted above.

Other major resolutions adopted included:

• Encouraging senators in each state and delegates in U.S. territories to jointly establish bipartisan commissions to evaluate qualifications of prospective candidates for nomination to the U.S. district courts and courts of appeals and to recommend possible nominees whom their senators might suggest for presidential consideration.

The resolution is intended to reduce partisan combat and expedite the judicial nomination process.

• Amending the ABA bylaws to include a student associates category of membership for individuals enrolled in college or university-level, post-secondary educational studies who have an interest in the work of the ABA.

• Urging federal, state, tribal and territorial legislative bodies, governmental agencies and health care providers to establish and support decision-making protocols to ensure that the wishes of those who have advanced chronic progressive illnesses are appropriately translated into visible and portable medical orders.

Richard Thies of Urbana, a member of the Illinois delegation, supported the resolution through co-sponsorship of the Senior Lawyers Division.

• Calling for the availability of information received from parties and non-parties to ensure that both the government and the defense have an opportunity to review information to be considered by the sentencing court in determining the appropriate punishment.

Currently, rules are not uniform in the handling of sentencing under Rule 32 of the Federal Rules of Criminal Procedure.

• Urging states and territories to adopt legislation creating pilot programs that enable and encourage medical personnel to report hospital events that, if repeated, could threaten patient safety, and that can help hospitals evaluate whether their procedures should be modified to improve patient safety.

Mitchell Orpett, delegate from Illinois, supported the resolution through the Tort, Trial and Insurance Practice Section that was a co-sponsor.

• Helping tribal courts deal with the many difficult criminal cases in their jurisdictions, the House urged Congress to support quality and accessible justice by ensuring adequate, stable, long-term funding for tribal justice systems.

The resolution was sponsored by several groups, including the National Native American Bar Association, of which Mary L. Smith, delegate from Illinois, is a member.

For the disposition of all 44 resolutions that were presented at the annual meeting, please visit http://www.abavideonews.org/ABA531/hod_resolutions.php.

Other ABA highlights

More than 1,600 events took place, with some 10,000 legal professionals and their families attending over the six days. They included panel discussions, awards, ceremonies, continuing legal education classes and other events.

To view more about the annual meeting, please visit the ABA Web site at http://www.abavideonews.org/ABA531/index.php.

H. Thomas Wells Jr. of Birmingham, Ala., took over the leadership of the ABA at the close of the meeting. His catch phrase is, “We know how to make a dollar but we are at our best when we make a difference.”

Wells compared pursuing the profession of law to a calling of the ministry, “but we minister in the realm of justice.” He emphasized the core values of the legal profession: access to justice, independence of the bench and bar, diversity, and the rule of law.

Wells said he intends to spend much time in Washington, advocating these core values with Congress and the new administration.

To view the speech he made after accepting the gavel from outgoing President William Neukom, please visit http://www.abavideonews.org/audiovideo.php#mediaplayer.

Carolyn Lamm of Washington, D.C., was elected to succeed Wells as ABA president in 2009.

Henry F. White Jr., ABA executive director, also addressed the House on how the organization is concentrating on membership.

He noted these are “very challenging times” for bar associations, but said that the ABA should not be viewed as competition with state and local bars because the ABA deals with issues of national significance.

His speech can be heard at http://www.abavideonews.org/ABA531/av.php?id=265&type=v.

Mitchell Orpett of Chicago was elected a member at large on the ABA Board of Governors, one of 40 representatives who oversee the administration and management of the ABA.

I am pleased to announce that President Wells has appointed me chair of the 2009 Annual Meeting that will be held in August in Chicago.

That is most exciting inasmuch as Illinois will be celebrating the 200th birthday of one of its favorite sons, Abraham Lincoln.

The ABA Midyear Meeting will be held Feb. 14 to 16 in Boston.

Chicago attorney Robert Clifford is Illinois state delegate to the ABA House of Delegates.