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AMERICAN BAR ASSOCIATION
JUDICIAL DIVISION
INFORMATIONAL REPORT TO THE HOUSE OF DELEGATES
The Judicial Division (JD) is dedicated to improving the American judicial system and to encouraging all stakeholders who have a strong interest in this goal to work collaboratively toward this common objective.Within the JD, there are six constituent conferences: the Appellate Judges Conference, the Lawyers Conference, the National Conference of the Administrative Law Judiciary, the National Conference of Federal Trial Judges, the National Conference of Specialized Court Judges, and the National Conference of State Trial Judges. JD also has a Tribal Courts Council for tribal lawyers and judges. The JD continues its theme for the 2015-16 bar year, “Building Confidence in the Justice System.” The JD’s efforts this year have focused on four pillars, each of which are seen as critical to achieving this goal, including: diversity of the bench and bar; educating the public about the justice system; obtaining and retaining a talented judiciary; and ensuring high quality in the justice system.
The JD and its entities hosted and co-hosted nearly fifty meetings, educational programs, and social events at the ABA Midyear Meeting in San Diego, California. Chief among those programs was theJD Standing Committee on Diversity in the Judiciary’s youth outreach program. On February 3, 2016, in San Diego, California, twenty JD members spoke with approximately 125 students at Lincoln High School. The volunteers and students were split among five classrooms, and discussions ranged from individual rights and responsibilities to mandatory minimum sentencing to pathways to legal and judicial professions. Career counseling was also provided. A similar outreach program will take place at the upcoming Annual Meeting. Furthermore, the JD, in cooperation with the Council for Race & Ethnic Diversity in the Education Pipeline, presented the annual Judicial Clerkship Program (JCP) during the Midyear Meeting. JCP brings together approximately seventy minority law students from around the country together with fifty plus judges and former law clerks. The group participated in panel discussions, a research and writing exercise, resume workshop, informed social events and oral arguments at the California Fourth District Court of Appeals. These activities are designed to introduce and reinforce to students the reasons and values of pursuing a judicial clerkship.
The JD heldits first ever Lawyers Conference (LC) Day on the Hill program in Washington D.C. on May 16 – 18, 2016. Delegates from the LC and the JD met with members of Congress to advocate on behalf of the Federal Judiciary. Over the course of this program, our group attended a dinner hosted by Congressman Pete Sessions and other members of Congress, took a private tour of the Capitol, attended a coffee “meet and greet” with members of House Judiciary Committee and others, and visited with approximately eighteen individual members of Congress and their staff (from both the House and Senate Judiciary Committees). The program was a great success and the LC hopes to repeat it next year.
Among the many other initiatives, the JD continues to focus efforts on membership growth. We have encouraged recruitment of newly appointment judges through a “free membership for new judges” promotion, and by targeting new judges enrolled in judicial training at the National Judicial College. The Division continues to offer members monthly membership benefit emails; provides for a “lunch and learn” membership recruitment program; maintains the public service group membership promotion; and offers joint dues rate for judges. The Division has updated its “Membership Talking Points” and plans to produce a new membership brochure this year. Members engage in one-on-one recruiting efforts at meetings, events and within their courts. The JD has released its Fall issue on Implicit Bias of its quarterly award-winning magazine,The Judges’ Journal.As a direct result of Reimaging Publishing and associated delays in editorial services, The Journal has yet to publish its Winter Issue on Diversity, and the Spring issue on International Courts and theSummer issue on Tribal Courts were likewise delayed. The JD is also finalizing its Eighth Edition of The Improvement of the Administration of Justice handbook, spearheaded by the LC; production is anticipated for this this year.
The JD continues to support the efforts of its special Task Force on Fighting Implicit Bias in the Justice System, the concept of which began through a summit of a large group of organizations including national bars of color, judicial associations, ABA sections and LGBT organizations in March of 2013. Through an Enterprise Fund grant, the Committee is workingto publish a book and training guide on best practices for dealing with implicit bias in the justice system.
The Division continues to create a national diversity database of every judge in the United States, including demographic information such as age, gender, race, and other information about jurisdiction and method of selection. Once complete, the database will be used for research and marketing.
Standing Committee on Ethics and Professionalism
The JD Standing Committee on Ethics and Professionalism hosted a CLE ethics webinar on May 25th, entitled, "What Lawyers Should Know About Judicial Ethics Part II: Communication with Judges Outside of Courts." This webinar, which remains available on the ABA website, provides judges and lawyers a better understanding of the constraints on judges when communicating with lawyers outside of the courtroom.
Standing Committee on Diversity in the Judiciary
In addition to the Standing Committee on Diversity in the Judiciary (SCDJ)’s youth outreach program referenced above and in conjunction with the California Western School of Law, the SCDJ presented a program titled Path to the Bench on February 3, 2016, in San Diego. Judge Charles B. Day, United States Magistrate Judge, District Court for the District of Maryland, moderated the program. Judge Nannette A. Baker, Chief United States Magistrate Judge, United States District Court for the Eastern District of Missouri, Judge Leo I. Brisbois, United States Magistrate Judge, United States District Court for the District of Minnesota, and Judge John Houston, United States District Court for the Southern District of California, served as the panelists. Approximately 130 ABA members, California Western School of Law alumni and students, and local judges and attorneys attended the program. This program was immediately followed by a reception, providing an opportunity for current JD members to speak with the non-members in attendance.
In conjunction with the ABA Annual Meeting, the SCDJ is planning an outreach program for San Francisco teens to take place on Wednesday, August 3, 2016. In addition, the SCDJ is planning an evening program, featuring an interview with the Honorable Vaughn Walker, on Wednesday, August 3, 2016. A request for this program to be cosponsored by University of California Hastings College of Law has been submitted to the ABA Board of Governors.
Tribal Courts Council
The Tribal Courts Council held a business meeting on February 4, 2016, during the ABA Midyear Meeting. On February 5th, the Tribal Courts Council presented a CLE program titled The Indian Child Welfare Act: ‘Baby Veronica’ and the Supreme Court: Has the Dust Settled?to approximately forty-five members of the ABA. Judge J. Matthew Martin moderated the program, with Judge Vincent L. Knight, Mr. Robert Saunooke, and Ms. Hannah Smith serving as panelists.
Lawyers Conference
The LC Executive Committee presented the 2016 Burnham “Hod” Greeley Award to the National Association of Women Judges at the JD Midyear Meeting Welcome Breakfast on February 5, 2016 in San Diego. LC Chair Rachel DuFault presented the award, which was accepted by Justice Joan Irion and Judge Lisa Walsh. Mr. Greeley’s daughter, Kim, was in attendance and presented a Hawaiian ley to each of the recipients.
The LC Executive Committee met in San Diego from February 5 – 7, 2016, as part of the ABA Midyear Meeting. On February 5th, the LC held a joint dinner with the National Conference of the Administrative Law Judiciary (NCALJ) and the Section of State and Local Government Law. Justice Mark Martin and Judy Perry Martinez spoke on the activities of the Commission on the Future of Legal Services. Forty-five members attended the event at the University Club Atop Symphony Towers in San Diego. On February 6th, the LC presented the CLE program, New and Improved: Judicial Administration Issues in the Millennial Age, to approximately forty ABA members. The program promoted the upcoming LC publication,The Improvement of the Administration for Justice, 8th Edition. LC Chair Rachel Dufault moderated the program, with authors Ms. Carolyn Dubay, Mr. Peter McCabe, and Mr. James Pauli serving as panelists. On February 7th, the LC and National Conference of Federal Trial Judges (NCFTJ) held a joint working breakfast.
As referenced above, the LC organized the “Lawyers Conference Day on the Hill” program, which took place May 16 – 18, 2016, in Washington, DC. Delegates from the LC and JD met with members of Congress to advocate on behalf of the Federal Judiciary.
The LC is submitting a request for approval to accept a sponsorship of a reception from Troutman Sanders, LLP, on August 6, 2016, in conjunction with the Annual Meeting. The 2016 Robert B. Yegge Award will be presented during JD Member Town Hall/Breakfast. The Award is given annually to a current or former member of the ABA who has made an outstanding contribution to the field of judicial administration. Finally, the LC will present a CLE program in San Francisco on August 6th, titled,Is There a Better Way? Strategic Use of Special Masters to Improve Judicial Efficiency and Reduce Litigation Cost. The panel will consist of President Judge Jan R. Jurden, Superior Court of Delaware; Judge Charles N. Clevert, Jr., United States District Court for the Eastern District of Wisconsin; Ms. Kristin Linsley Myles, Partner, Munger, Tolles & Olson, LLP; Ms.Merril Hirsch, Partner, Torutman Sanders, LLP; and Mr. Robert Saunooke, Law Offices of Robert Saunooke.
National Conference of the Administrative Law Judiciary
The NCALJ Executive Committee met in San Diego, California from February 5 – 7, 2016 as part of the ABA Midyear Meeting. On February 5th, NCALJ held the joint dinner with the LC and the Section of State and Local Government Law, explained above.
On August 4, 2016, NCALJ will present a CLE program in San Francisco titled, U.S. Border Wars: Preventing Terrorism and Protecting Children. On, August 6th, NCALJ will present the ABA Showcase Program, Post-Shelby Voter and Election Laws: Necessary Measures to Prevent Voter Fraud, the Result of Budgetary Limitations, or a Denial of Access to Justice?
The NCALJ Immigration Committee is finalizing production of a training video, Unaccompanied Minors Training Video, to be completed by August 2016. This training video is primarily funded by an Enterprise Fund Award, and will be included in the ABA Working Group on Unaccompanied Minor Immigrants’ Unaccompanied Minors Immigration Pro Bono Toolkit.
National Conference of Federal Trial Judges
The NCFTJ Executive Committee met in San Diego on February 5 – 7, 2016, as part of the ABA Midyear Meeting. The NCFTJ hosted a reception on February 5th, at the James M. Carter and Judith N. Keep United States Courthouse in San Diego. NCFTJ paid tribute to Judge Louise Adler, United States Bankruptcy Judge, Southern District of California, and Judge Barry Moskowitz, Chief Judge, United States District Court, Southern District of California. ABA President Paulette Brown and JD Chair Michael Bergmann were present. Approximately forty local federal judges were in attendance.
On April 26, 2016, NCFTJ presented, along with the Law Student Division, a free webinar. The program, Demystifying Clerkships: State and Appellate Courts, was presented to law students. On April 29, 2016, NCFTJ presented, along with the Law Student Division, a free webinar. The program, Building Professional Relationships: Tips for New Lawyers, was presented to law students and young lawyers. On June 29, 2016, the NCFTJ will present a webinar,Legal Issues and Litigation Relating to the Use of Unmanned Aircraft Systems/Drones. The program will be offered for CLE credit.
On August 5, 2016, NCFTJ will present a joint CLE program with the National Conference of State Trial Judges (NCSTJ), titled,Implicit Bias and De-Biasing Strategies: Workshop for Judges and Lawyers, in San Francisco, CA. This program is also cosponsored by the LC. The panel will consist of Judge Bernice B. Donald, United States Circuit Court Judge, the Sixth Court of Appeals; Judge Gary B. Randall, District Court, 4th Judicial District; and Ms. Rene L. Valladares, Federal Public Defender, District of Nevada.
The NCFTJ submitted for consideration of the ABA House of Delegates at the 2016 ABA Annual Meeting a resolution and report focused on the improvement of diversity of the judiciary.
Appellate Judges Conference
The Appellate Judges Conference (AJC) Council of Appellate Lawyers (CAL) will present a CLE complimentary program August 5, 2016, during the ABA Annual Meeting, entitled GREAT EXPECTATIONS: What do appellate lawyers expect from appellate judges – and vice versa! The panelists include the Honorable Marsha Berzon, Ninth Circuit Court of Appeals, San Francisco, CA; the Honorable Leondra Kruger, California Supreme Court, San Francisco, CA; Ms. Susan K. Alexander, Robbins Geller Rudman & Dowd LLP, San Francisco, CA and Mr. Daniel M. Kolkey, Gibson, Dunn & Crutcher, San Francisco, California. This program creates a “safe space” for a frank discussion about respective expectations – and what lawyers and judges might do differently to meet or exceed those expectations. It will be a moderated panel discussion designed to address serious matters while remaining at all times constructive and collegial. In addition, CAL will present a joint CLE Showcase program with the Appellate Practice Committee of the Section of Litigation on August 6th entitled, The 2016 Presidential Election: U.S. Supreme Court Nominations, and the Current Supreme Court Vacancy. The program will feature a diverse, bipartisan panel of experts, who will forecast the role that the U.S. Supreme Court and its current unexpected vacancy will play in the final months of the U.S. presidential campaign. The panel will also address how the nomination process is likely to play out post-election, as well as whether the current stalemate on the Judge Garland’s nomination might be broken.
At the conclusion of the 2016 Annual Meeting, the AJC Executive Committee will vote on the new 2016-17 officers and members-at-large.
The AJC and the Appellate Judges Education Institute (AJEI) Executive Boards continue to work on the 13th Annual AJEI Summit for judges and lawyers. This year’s Summit will take place on November10 – 13, 2016 at the Loews Philadelphia Hotel. The Summit is the preeminent provider of appellate judicial education in the United States. It gathers federal and state appellate judges from across the country and invites all lawyers to join them for practical, cutting-edge, educational programming.
National Conference of State Trial Judges
NCSTJ will host their 2nd annual brown bag lunch on August 4, 2016, for their state delegates and NCSTJ members. This event will welcome newly appointed delegates, first time attendees and/or new members to NCSTJ. The lunch will serve as a networking event as well as an opportunity for other state delegates, current and future Executive Committee members to meet.
On August 5th, NCSTJ will host their annual Delegates Assembly/Town Hall Meeting. The Town Hall topic addresses an issue that affects trial judges across the nation. The 2016 topic will focus on the resources available to assist judges in managing self-represented litigants, and enhancing access to justice in the courts. Participants will be empowered to achieve a 100-percent access goal for their courts. This interactive program will include insights on how self-help centers and triage protocols impact courtrooms and reduce the ethical challenges that self-represented litigants can create for judges. There will also be discussion of effective approaches to judicial education, including strategies built around amendment of the Model Code of Judicial Conduct’s Rule 2.2 “Impartiality and Fairness” and its commentary.
As mentioned above, NCSTJ will be presenting a joint complimentary CLE program with the NCFTJ and LCon August 5th, entitled, Implicit Bias and De-Biasing Strategies: A Workshop for Judges and Lawyers. Finally, the business meetings of the Executive Committee will take place August 5 – 6, 2016. On August 7th, the 2016-17 new Officers and Directors of the Executive Committee will convene their first meeting of the bar year.
National Conference of Specialized Court Judges
The 2016 Traffic Court Seminar held March 16-18, 2016 in New Orleans, Louisiana, was an overwhelming success; the National Conference of Specialized Court Judges (NCSCJ) should see non-dues revenue of about $9,000. The location for the 2017 Traffic Court Program will be Savannah, Georgia from March 6 – 8, 2017; additional details are still being determined. The Traffic Court Seminar is designed for judges, judicial officers, prosecutors and defense attorneys appearing in these courts and provides an opportunity to meet and network with others from throughout the country to discuss the latest developments in traffic court law, technology, and scientific evidence.