Greetings from the Big Apple:
It may be August, but there’s no recess in Manhattan. The Rockettes in full Santa Claus regalia shut down traffic in front of Radio City Music Hall to film promotional ads for their Christmas Gala. 54th Street was shut down to celebrate the 50th anniversary of the Alvin Ailey Dance Troupe. Sixth Avenue was closed on Sunday for the Dominican Republic Day Parade (and 300,000 or so spectators). And in the midst of this typical summer weekend in New York City, 10,000 lawyers from across the country descended upon New York City for the annual meeting of the American Bar Association. New York, New York, it's a helluva town.
Nevertheless, the meeting got down to serious business, as incoming Bar President Tommy Wells outlined the critical issues facing the legal profession during his upcoming administration.
1. Access to Justice. The widening divide between the haves and have-nots is putting more citizens at risk of discrimination or exploitation and without the means to seek justice in our judicial system. Pro Bono work by firms and individuals, essential and admirable as it is, is insufficient to meet the growing demand for civil legal help for our poorest citizens. The solutions to these access problems are being addressed state by state with the formation of task forces and commissions. Maryland will soon convene an access to justice commission headed by retired Court of Appeals Judge Irma Raker and Chief Judge of the District Court Ben Clyburn.
2. Threats to the Independence of the Judiciary. The election and selection of judges is under constant attack from special interest groups with access to mainstream and Internet media. Whatever the method of judicial selection – election, appointment or commission -- judicial candidates are subjected to litmus tests and scrutinized by zealots and advocates across the political spectrum. As a result, it is becoming more difficult to insure that judicial selections are based on the competence, integrity and judicial temperament of the candidate and not on their partisan political views.
Even after taking the bench, it is becoming more difficult for our judges across the country to render fair and impartial decisions based solely on the law and determination of the facts because rulings are so frequently vilified in the media. The increasing influence of Internet bloggers and commentators often obscures (and sometimes threatens to overwhelm) more knowledgeable legal observers. Judges in high-profile cases are subjected to personal attacks for controversial or unpopular decisions; and increasingly find themselves the subject of attack ads in those jurisdictions where judges are chosen in contested elections. The good news is that negative campaigns run against judges based upon their judicial decisions, while clearly harmful to public perception of the justice system, are more often unsuccessful than effective.
3. Rule of Law.
Judicial independence is an international concern as well. Last November, Pakistani President Pervez Mushharaff placed more than sixty judges under house arrest, where many remain. They have yet to be reinstated because of their refusal to take a loyalty oath as a condition of their reinstatement. Despite repeated demonstrations, Pakistani lawyers are concerned that the people will gradually lose their commitment to constitutional system and become apathetic towards its survival. Past ABA President William Neukom will continue to advance the causes of the World Justice Project, an endeavor that began under his presidency. A World Justice Forum convened in Vienna, Austria in July brought together nearly 500 international attendees representing various disciplines including medicine, engineering, labor and architects; they joined forces to advance the proposition that a multidisciplinary approach is crucial to building communities of opportunity and equality founded on “Rule of Law” and constitutional principals.
Back to Smokey Glen!
Save the Date! October 24, 2008. Rain or Shine, OCTOBERFEST!!
Many members have fond memories of the Bar Association events that were held under the tent and in the pavilion at Smokey Glen Farm in the ‘80s. We hope to bring back some of that good feeling by hosting our first annual Oktoberfest. There will be entertainment and a chance to lift a beer or a glass of wine with friends from the bench and bar. The food is barbeque heaven, the dress is casual and setting is a country vista. Bring a friend!.
Paul B. DeWolfe