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Bar News - March 21, 2003 ABA President Identifies Top Priorities for ABA The following is drawn from remarks by ABA President Alfred P. Carlton, Jr., of North Carolina at the 2003 ABA Midyear Meeting to the ABA House of Delegates. See page 10 for NH Bar Association Delegate Jon Ross’ report on the meeting. There are three principles that are wrapped around the core values of our profession that are integral to the rule of law and essential to the purpose of the American Bar Association. The first principle is to protect and maintain judicial independence. An independent judiciary is a uniquely American value and is germane to maintaining civil liberties. The Association is involved in the ongoing federal judges appointment process, through the able and hard-working Standing Committee on Federal Judiciary. [Editor’s Note: Stephen L. Tober, the New Hampshire state delegate to the ABA, is the First Circuit representative on this committee.] Increased pay for state and federal judges is a top priority for the ABA, and the ABA supports Chief Justice Rehnquist’s efforts in this regard. To demonstrate the Association’s commitment to an independent judiciary, I am convening a Summit on the 21st Century Judiciary, co-chaired by Hon. Abner Mikva, of Illinois, and Hon. William Sessions, to explore and report on this issue. The second principle is to protect core values of the legal profession, especially its independence. We have been successful in responding to recent attempts by the Bush Administration and by state judiciaries to regulate lawyers. The Task Force on Implementation of Section 307 of the Sarbanes-Oxley Act of 2002, appointed by President Carlton and chaired by M. Peter Moser of Maryland, has persuaded the SEC to defer an amendment to a regulation requiring "noisy withdrawal" under Section 307 of the Sarbanes-Oxley of 2002. The ABA is also working to delete the requirement of lawyers giving public notices under the Gramm-Leach-Bliley Act. The Association also has embarked on a public relations campaign to show the public that dialogue and debate on the rule of law is what lawyers do for the system. Recent remarks by President Bush about the entire legal system being responsible for the healthcare crisis have to be countered and explained. The third core value of our profession is our commitment to the American way of life. Our profession must reflect the society it serves and the diversity of its people. This is an especially important time for the legal profession to protect the fundamental rights of defendants. When individual rights are abused, the system is poisoned. Attorney-client privilege, right to counsel, and due process are all fundamental values that make America the democracy that it is. We must ensure that the death penalty is fairly applied, and I applaud the states that have imposed moratoria on the death penalty until they can be sure it is being applied fairly. Death is the ultimate sanction that cannot be undone. It is our responsibility to protect the core value of American democracy and the values that distinguish America from countries with systems unlike ours. These three fundamental values must be diligently protected. It is our responsibility as lawyers to lead the charge and stay the course. Despite, or perhaps because of, these challenges, it is a great time to be an American lawyer.
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