American Bar Association
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The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important activities are the setting of academic standards for law schools, and the formulation of model legal codes.
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[edit] Model ethical standards for lawyers
The most important role of the ABA is its creation and maintenance of a code of ethical standards for lawyers. The Model Code of Professional Responsibility (1969) and/or the newer Model Rules of Professional Conduct (1983) have been adopted in 49 state jurisdictions and the District of Columbia. One exception is California, which has refused to adopt either (see State Bar of California), although a few sections of the California Rules of Professional Responsibility were clearly influenced by the ABA models.
[edit] Accreditation of law schools
According to the ABA, it "provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public. The Mission of the American Bar Association is to be the national representative of the legal profession, serving the public and the profession by promoting justice, professional excellence and respect for the law." (www.abanet.org)
[edit] Publications
The Association publishes a general magazine for all members, the ABA Journal. ABA members may also join subject-specific "sections," and each section publishes a variety of newsletters and magazines for its members. The sections also hold their own meetings.
Each section will normally have a publication program that includes (1) books, usually oriented toward practitioners; (2) scholarly journals, such as The International Lawyer (published by the ABA Section of International Law and SMU Dedman School of Law); (3) newsletters, such as The International Law News (published by the ABA Section of International Law; (4) e-publications, such as a monthly message from the section chair, or updates on substantive law developments; and (5) committee publications, such as a committee newsletter published by one of the substantive law committees.
[edit] Governing bodies and leaders
The ABA has a House of Delegates which acts as the organization's primary body for adopting new policies and recommendations as part of the association's official position.
In 1995 Roberta Cooper Ramo became the first woman president of the American Bar Association since its inception in 1878.
[edit] Recent ABA Presidents
- 2003-2004: Dennis W. Archer (first African-American president)
- 2004-2005: Robert J. Grey, Jr. of Richmond, Virginia
- 2005-2006: Michael S. Greco of Boston, Massachusetts (first foreign-born president)
- 2006-2007: Karen J. Mathis
[edit] Rating of judicial nominees
For decades, the ABA has participated in the federal judicial nomination process by vetting nominees and giving them a rating ranging from "not qualified" to "well qualified." The process has been accused by some (including the Federalist Society) of having a liberal bias. Their argument, particularly that of the Federalist Society, stems in large part from the rejection of Robert Bork as a nominee to the Supreme Court in 1987. A majority of the ABA committee found Bork "qualified." He is widely viewed as having defeated his own nomination because of his radical views on the Constitution and his argumentative style in his confirmation hearings. A minority of the ABA committee found Bork not qualified and thus had no bearing on the recommendation, but critics have seized on it as proof of liberal bias on the part of the ABA as a whole. All subsequent nominees have been heavily coached and exceedingly cautious in the hearings. For example, Associate Justice Clarence Thomas told the Senate Judiciary Committee during his confirmation hearings that he had never discussed with others the landmark abortion case Roe v. Wade, which was decided while he was in his second year of law school. <ref>Katz, Justin. "An Invidious Prohibition", National Review Online, 2004-10-04. Retrieved on 2006-08-21.</ref><ref>Wallace, Kelly, Garrett, Major. "White House ends ABA's role in screening judicial nominees", CNN, 2001-03-21. Retrieved on 2006-08-21.</ref><ref>Sessions, Jeff (2006-01-31). Senate Floor Statement of Senator Sessions. SAMUEL ALITO SUPREME COURT CONFIRMATION. Senator Sessions's website. Retrieved on 2006-08-21.</ref>
For example, the ABA gave Ronald Reagan's judicial nominees Richard Posner and Frank H. Easterbrook low "qualified/not qualified" ratings; later, the ABA gave Bill Clinton judicial nominees with resumes that its critics claim are similar "well qualified" ratings. The ABA vetting process, however, does not rely specifically on resumes but rather on extensive interviews with lawyers, judges and others who are closely familiar with a nominee's legal work. <ref>Batkins, Sam (2004-08-12). ABA Retains Little Objectivity in Nomination Process. Center for Individual Freedom. Retrieved on 2006-08-20.</ref><ref>Lindgren, James. "Yes, the ABA Rankings Are Biased", Wall Street Journal, 2001-08-06. Retrieved on 2006-08-21.</ref><ref>ABA Ratings of Judicial Nominees. ABA Watch. Federalist Society (1996-07). Retrieved on 2006-08-20.</ref> Meanwhile, Judges Posner and Easterbrook have gone on to become the two most highly-cited judges in the federal appellate judiciary.<ref>Choi, Stephen, Gulati, Mitu (2003). "Who Would Win a Tournament of Judges (Draft)". Boalt Working Papers in Public Law (19): 96. Retrieved on 2006-08-20.</ref>
In 2001, the George W. Bush administration announced that it would cease cooperating with the ABA in advance of judicial nominations. The ABA continues to rate nominees. In 2005, the ABA gave John Roberts, George W. Bush's nomination for Chief Justice of the Supreme Court, a unanimous "well-qualified" rating. It also gave a unanimous "well qualified" rating to appellate court nominee Miguel Estrada, who never took his seat because his nomination was filibustered. However, after carefully interviewing a considerable number of lawyers, judges and others who have closely observed her professional work, it gave only a "qualified/not-qualified" rating to nominee Janice Rogers Brown.<ref>American Bar Association (2005-01-26). Ratings of Article III Judicial Nominees: 108th Congress. Press release. Retrieved on 2006-08-20.</ref> In 2006, the ABA gave a unanimous "well-qualified" rating to Judge Samuel Alito, Bush's appointee for Sandra Day O'Connor's Associate Justice position.
[edit] "ABA: Bush violating Constitution"
In July 2006, an ABA task force released a report which concluded that George W. Bush's use of "signing statements" violates the Constitution. These are documents attached by the President to bills he signs, in which he states that he will enforce the new law only to the extent that he feels the law conforms to his interpretation of the Constitution.[1]
[edit] Criticisms of the ABA
The ABA has been criticized for perceived elitism and overrepresentation of white male corporate defense lawyers among its membership; in 1925, African-American lawyers formed the National Bar Association at a time when ABA would not allow them to be members.
However, since the 1960s, the ABA has made great strides in increasing the diversity of its membership. Its membership has grown from less than 11 percent of all American lawyers to roughly 50 percent today. In recent years, the ABA has also drawn some criticism, mainly from the conservative side of the political spectrum, for taking positions on controversial public policy topics such as abortion, capital punishment and gun control. The ABA's official position in favor of abortion rights led to the formation of a (much smaller) alternative organization for lawyers, the National Lawyers Association. The Federalist Society sponsors a twice-a-year publication called "ABA Watch" that reports on the political activities of the ABA.
There are heated debates over requirements placed on law schools by the ABA. Many states and practitioners believe ABA requirements to be unnecessary and costly. Some legal professionals and academics feel these requirements promote the rising cost of tuition.
[edit] See also
[edit] International American Bar Associations
- Armenian-American Bar Association
- The Lithuanian-American Bar Association
- The Ukrainian American Bar Association
[edit] Notes or references
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