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AMERICAN BAR ASSOCIATION
JUDICIAL DIVISION
INFORMATIONAL REPORT TO THE HOUSE OF DELEGATES
The Judicial Division (JD) and its entities hosted and co-hosted nearly 50 meetings, educational
programs, and social events at the ABA Midyear Meeting in Chicago. Chief among those
programs was the Judicial Division Standing Committee on Diversity in the Judiciary’s outreach
program. On February 5, 2014, JD membership met with students at the Legal Prep Charter
Academy, Chicago’s first and only legal-themed charter high school, to tell their personal stories
of paths to the bench and to discuss various legal topics. This event was followed by a program
and reception at John Marshall Law School, at which law students, judges, and local bar
associations participated. A similar outreach program will take place at the upcoming Annual
Meeting. We will offer five JD programs at this Annual Meeting and will be presenting three out
of the thirty-six CLE Showcase Programs for the ABA.
On May 8 – 10, the JD met in Kansas City, Missouri for its 2014 Spring Planning Meeting to
discuss strategic planning for the incoming leadership year. JD Chair-Elect Judge David Waxse
announced his plans to focus on improving forensic science in the justice system. Among the
many other initiatives discussed by the JD, our members would like to focus on a continued
growth in membership. JD membership continues to increase with each month in the 2013-14
membership year, bringing an all-time high for that month; the February 1, 2014, membership
level of 4,646 was the absolute high watermark for JD membership. The JD has grown even as
the ABA has seen a decline in membership. Our efforts have been continuous and innovative;
we have instituted our own “member-get-a-member” program, a group membership program
promotion, a competition among conferences, an outreach to other judicial organizations, a
promotion of the JD to judges who are ABA members but not JD members through use of The
Judges’ Journal, and the new “joint dues” program, among others. Our members are highly
engaged in the membership process.
The JD continues to publish its quarterly award winning The Judges’ Journal, now in four
colors. Electronic copies of the winter issue, focused on ABA President James R. Silkenat’s
initiative, “Legal Access to Job Corps,” were provided to every member of the House of
Delegates prior to the 2014 Midyear Meeting. New copies will be provided once again at the
Annual Meeting.
As part of its webinar series, the JD hosted webinars on March 20, 2014, entitled “Marijuana and
Driving: Debunking the Myths,” and on April 17, 2014, entitled “The Court of the Future: Use of
Court Technology in the Next Generation.” The JD will host another webinar June 26, 2014,
entitled “Blood Testing in Impaired Driving Cases after Missouri v. McNeely.” Two additional
traffic webinars will take place, relating to drug recognition experts (DREs) and screening tools
for sentencing impaired drivers. On August 21, 2014, our Ethics and Professionalism Committee
will host a webinar entitled “What Every Lawyer Should Know about Judicial Ethics.”
Additional webinars will be planned.
The JD continues to support the efforts of its Task Force on Perceptions of Justice, the concept of
which began through a summit of a large group of organizations including national bars of color,
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judicial associations, ABA sections and LGBT organizations in March of 2013. The Task Force
has developed a webpage and planned three programs, one with the National Association of
State Judicial Educators, who have adopted Perceptions of Justice as the theme of their 2014
Annual Conference in Chicago. There will also be two programs on this subject at the Annual
Meeting, an ABA Magnitude 360 CLE Showcase entitled “ ‘… and Justice for Some’:
Unconscious Bias and the Law,” and another program for JD members dealing with implicit
bias. We are developing a webinar and are in discussion with the ABA Journal about a major
article on implicit bias. We are also interested in publishing a book on best practices for dealing
with implicit bias.
The JD, through its Collaborative Court Funding Committee, continues its collaboration with the
Task Force on the Preservation of the Justice System to participate in three regional conferences
with the Conference of Chief Justices on court funding. The Division is also creating 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.
The JD is pleased to continue its cooperative agreement with the National Highway Traffic
Safety Administration (NHTSA). This is the third year of this five year, $2.3 million dollar
grant. New this year is a growing reliance on the Division to oversee and evaluate the work of
the Judicial Outreach Liaisons (JOLs) and Fellows the program hires to do outreach, and a closer
working relationship with the NHTSA regional offices. Currently, there are six Regional JOLs,
and two Judicial Fellows under contract. A Tribal Court Fellow was added in March. The
NHTSA agreement also provides funding for the three webinars presented on traffic safety
issues, mentioned above.
Standing Committee on Diversity in the Judiciary
In addition to the Standing Committee on Diversity in the Judiciary (SCDJ) outreach program
referenced above, the Committee also hosted a program on February 5, 2014, at the ABA
Midyear Meeting entitled “Inside Chambers: Breaking the Glass Ceiling” at the John Marshall
School of Law. The program included an esteemed panel of those who have experienced the
path to the bench, and those who are key players in the process. The panelists provided insight
on what to expect in the screening, nomination and confirmation stages of the process. The
Standing Committee will hold a program on diversity in the judiciary during the ABA Annual
Meeting at the historic John Adams Courthouse.
National Conference of Specialized Court Judges
The National Conference of Specialized Court Judges (NCSCJ) four annual award recipients
have been selected and will be presented at the ABA Annual Meeting in Boston. Recipients are:
The Franklin N. Flaschner Award to Honorable J. Matthew Martin, Asheville, NC; The William
R. McMahon Award to Judge Herbert Dixon, Jr., District Court of the District of Columbia,
Washington, D.C.; The Judicial Education Award to the Judge Advocate General’s Legal Center
and School, United States Army, Col. James F. Garrett, Dean, Charlottesville, VA; and
Recognition of Academic and Judicial Excellence in the Military Judges Course, Major Michael
Zimmerman, United States Marine Corps.
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NCSCJ is planning a program for the ABA Annual Meeting entitled “Compliance and
Compassion: The Ethical and Human Considerations of Substance Abuse.” Speakers will
address the effects of substance abuse in the lives of lawyers and judges, effects on case
management, ethical reporting requirements, and disciplinary actions of lawyers and judges
because of substance abuse. The program will focus on what judges must consider in regards to
ethics, along with the humane counseling skills needed when dealing with an attorney or judge
with a problem.
Appellate Judges Conference
The Appellate Judges Conference (AJC) Council of Appellate Lawyers (CAL) presented a CLE
program during the 2014 ABA Midyear Meeting entitled “Writing a Persuasive Appellate Brief:
The Judicial and Advocate Perspectives.” The program was audio recorded and is available
online as a member benefit for JD members.
The AJC will celebrate their 50th Anniversary during the 2014 ABA Annual Meeting. The
celebration will kick off with a luncheon on August 8, 2014 at the Sheraton Hotel with keynote
speaker Jeffery Toobin, staff writer at The New Yorker and senior legal analyst at CNN. There
will be a complimentary CLE program shortly after the luncheon, in collaboration with CAL,
titled “Judicial Influence.” The program will consist of a discussion addressing judicial
influence in the past and in the future and on what makes a judge and a court influential.
National Conference of State Trial Judges
On August 7, 2014, the National Conference of State Trial Judges (NCSTJ) will present their
annual education program entitled “We’re Only Human: How Implicit Bias Affects Judges Who
Believe They Are Bias Free.” The program will orient judges to the realities of implicit bias,
demonstrate how it affects people who believe they are bias-free, illustrate how implicit bias may
affect routine adjudication, and equip judges to confront and manage this aspect of their
humanity. U.S. District Court Judge Mark W. Bennett will guide the audience in a fast-paced
and interactive set of exercises to yield understanding of the issues, and then will empower
judges with insight, skill and tools to address implicit bias in the judicial system. The program
promises to offer up protection for the core mission of the courts in rendering justice – with
integrity, independence, and impartiality.
On August 10, 2014, the NCSTJ program titled “Order in the Court: What America’s Judges
Want You to Know” will be part of the ABA Magnitude 360 CLE Showcase. This program will
be directed to attorneys, and judges from around the nation will contribute to a candid,
interactive panel discussion that reflects their diverse experience and insight, share their personal
recommendations to improve attorney performance, and inspire lawyers to the highest level of
ethics and professionalism.
The New Executive Committee of the NCSTJ will meet August 28 – 30, 2014 in Nashville, TN
for their annual Fall Planning Meeting. This meeting will be chaired by Judge Christopher T.
Whitten of the Arizona Superior Court.
Tribal Courts Council
The Tribal Courts Council met on Thursday, February 6, 2014, during the 2014 ABA Midyear
Meeting. The Council discussed educational program ideas and possibilities for increasing
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Tribal Courts Council membership, including reaching out to the Native American Law Student
Association and establishing a cooperation with the Federal Bar Association.
Lawyers Conference
As part of the 2014 ABA Midyear Meeting, members of the Lawyers Conference (LC) and
potential new members attended a reception at the law firm of Jones Day. At the Judicial
Division Welcome Breakfast on February 7, 2014, LC Chair Michael Bergmann presented Todd
Nuccio with the 2014 Burnham “Hod” Greeley Award in recognition of his outstanding
contribution to promoting public awareness of the importance of a fair, impartial and
independent judiciary. Mr. Greeley’s daughter, Kim Greeley, was in attendance.
The 2014 Robert B. Yegge Award will be presented during a LC reception at the 2014 Annual
Meeting in Boston. 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.
On May 20, 2014, the LC presented a teleconference program entitled “Why Diversity on the
Bench Matters” to LC and JD members. This program was the second in a four-part series
provided as a LC member benefit and was recorded for future LC member use. Judge Delissa A.
Ridgway of the U.S. Court of International Trade moderated the program. Professor Pat K.
Chew of the University of Pittsburgh School of Law, Hon. Eva Guzman of the Supreme Court of
Texas, and Hon. Michael B. Hyman of the Illinois Appellate Court 1st District served as
speakers.
National Conference of the Administrative Law Judiciary
As part of the ABA Midyear Meeting on February 6, 2014, members of the National Conference
of the Administrative Law Judiciary (NCALJ) attended a meet and greet with Judge Anna
Blackburn-Rigbsy, President of the National Association of Women Judges. Members of
NCALJ also attended a dinner with members of the Section of State and Local Government Law
at the Palms Restaurant on Thursday, February 6, 2014.
NCALJ presented a “brown bag” program entitled “The Time of Your Life: Time Management
for The Administrative Law Judiciary,” moderated by Hon. Nicholas Cobbs. The program took
place at the ABA Washington, D.C. office on May 28, 2014, and additional attendees
participated via teleconference.
As part of the ABA Annual Meeting, NCALJ will hold a program on August 7, 2014, entitled
“The Mindful Judge and Lawyer: Understanding and Managing Stress.” Speakers will address
the effects of substance abuse in the lives of lawyers and judges, effects on case management,
ethical reporting requirements, and disciplinary actions of lawyers and judges because of
substance abuse. The focus will be on what judges must consider in regarding ethics and also the
humane counseling skills needed when dealing with an attorney or judge with a problem.
National Conference of Federal Trial Judges
The National Conference of Federal Trial Judges (NCFTJ) held their Executive Committee
Business Meeting during the 2014 Midyear Meeting. On February 9, 2014, Phyllis Pickett,
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Immediate Past Chair of the LC, met with the NCFTJ Executive Committee to discuss strategic
planning. Ms. Pickett is leading the NCFTJ as a facilitator in the strategic planning process.
NCFTJ received the ABA Board of Governors’ approval of its amended bylaws to clarify,
modernize the language, and synchronize with the Judicial Division’s bylaws.
Hon. Delissa A. Ridgway’s proposed program “The Magna Carta: ‘What If …?’ Counterfactual
Perspectives on U.S. Legal History” was selected as an ABA 2015 London Sessions CLE
Program.
Hon. Mark Martin, Chair
Judicial Division
August 2014
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