updated external links, references, added mission section, re-writing sections copied from Wikipedia (WIP)
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Revision as of 21:04, 5 March 2014
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The '''American Bar Association'''
('''ABA'''),
founded August 21, 1878
,
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 stated activities are the setting of academic standards for law schools
, and the
formulation
of
model ethical codes related to
the legal profession.<ref>[http://www.
abanet
.org/
about
/
history
.html ABA History]</ref>
+
The '''American Bar Association'''
was
founded August 21, 1878
by a group of 75 lawyers. The ABA
is a voluntary bar association of lawyers and law students which is not specific to any jurisdiction in the United States. The
American Bar Association mission:
+
{{Quote|To serve equally our members
,
our profession
and the
public by defending liberty and delivering justice as the national representative
of the legal profession
<ref>[http://www
.
americanbar.org/about_the_aba/aba-mission-goals.html ''American Bar Association'', "ABA Mission and Goals," accessed March 5, 2014]
<
/
ref>
}}
+
+
For a more in-depth look at the American Bar Association's mission see
[http://www.
americanbar
.org/
about_the_aba
/
aba-mission-goals
.html ABA
Mission and Goals]<ref>[http://www.americanbar.org/about_the_aba/history.html ''American Bar Association'', "
History
of the American Bar Association," accessed March 5, 2014
]</ref>
==Ethical standards for lawyers==
==Ethical standards for lawyers==
−
One role of
the ABA
is
the
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) were
adopted
in 49 state jurisdictions and
the District of Columbia
. The one exception is
[[California]]
, which has refused to adopt either, although a few sections
of the
California Rules
of Professional Responsibility
have similarities with sections
in the
ABA model
.
+
In 1983,
the ABA
adopted
the Model Rules of Professional Conduct
, these rules have been
adopted
by
the District of Columbia
and all of the states except
[[California]]
. The current Rules are evolved versions
of the
Model Code
of Professional Responsibility
adopted
in
1969 and
the
earlier 1908 Canons of Professional Ethics
.
==Accreditation of Law Schools==
==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."
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."
−
ABA accreditation is important not only because it affects the recognition of the law schools involved, but it also impacts a graduate's ability to practice law in a particular state. Specifically, in most jurisdictions, graduation from an ABA-accredited law school is expressly stated as a prerequisite towards being allowed to sit for that state's bar exam, and for existing lawyers to be admitted to the bar of another state upon motion.<ref>[http://www.ncbex.org/
comprehensive
-
guide-to-bar-admissions
/ Comprehensive Guide to Bar Admission Requirements]</ref> Even states which recognize unaccredited schools within its borders will generally not recognize such schools from other jurisdictions for purposes of bar admission.<ref>[http://
www
.
tsc.state.tn.us/OPINIONS/TSC/RULES/TNRulesOfCourt/06supct1_9.htm#7 Supreme Court Rule 7 (Tennessee)]</ref> <ref>[http://
calbar.ca.gov/
calbar
/
pdfs/rules/Rules_Title4_Div1-Adm-Prac-Law
.
pdf
Rules Regarding Admission to Practice Law (California)]</ref>
+
ABA accreditation is important not only because it affects the recognition of the law schools involved, but it also impacts a graduate's ability to practice law in a particular state. Specifically, in most jurisdictions, graduation from an ABA-accredited law school is expressly stated as a prerequisite towards being allowed to sit for that state's bar exam, and for existing lawyers to be admitted to the bar of another state upon motion.<ref>[http://www.ncbex.org/
assets/media_files/Comp
-
Guide
/
CompGuide.pdf ''NCBEX'', "
Comprehensive Guide to Bar Admission Requirements
," accessed March 5, 2014
]</ref> Even states which recognize unaccredited schools within its borders will generally not recognize such schools from other jurisdictions for purposes of bar admission.<ref>[http://
rules
.calbar.ca.gov/
Rules
/
Title4AdmissionsandEducationalStandards
.
aspx
Rules Regarding Admission to Practice Law (California)]</ref>
==Publications==
==Publications==
Line 40:
Line 43:
==Rating of Judicial nominees==
==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 conservatives (including the [[Federalist Society]]) of having a liberal bias.<ref>[http://www.cfif.org/htdocs/legislative_issues/federal_issues/hot_issues_in_congress/confirmation_watch/aba_little_objectivity.htm ABA Retains Little Objectivity in Nomination Process]</ref><ref>[http://web.archive.org/web/20010710135604/www.fed-soc.org/abaw8969.htm ABA Ratings of Judicial Nominees]</ref> For example, the ABA gave Ronald Reagan's judicial nominees [[Richard Posner]] and [[Frank Easterbrook]] low "qualified/not qualified" ratings; later, the ABA gave Bill Clinton judicial nominees with similar resumes "well qualified" ratings.<ref>[http://johnrlott.tripod.com/op-eds/NYTimesABARankings012506.html
ABA Rankings
]</ref>
+
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 conservatives (including the [[Federalist Society]]) of having a liberal bias.<ref>[http://www.cfif.org/htdocs/legislative_issues/federal_issues/hot_issues_in_congress/confirmation_watch/aba_little_objectivity.htm
''Center for Individual Freedom'', "
ABA Retains Little Objectivity in Nomination Process
," accessed March 5, 2014
]</ref><ref>[http://web.archive.org/web/20010710135604/www.fed-soc.org/abaw8969.htm
''Federalist Society'', "
ABA Ratings of Judicial Nominees
," accessed March 5, 2014
]</ref> For example, the ABA gave Ronald Reagan's judicial nominees [[Richard Posner]] and [[Frank Easterbrook]] low "qualified/not qualified" ratings; later, the ABA gave Bill Clinton judicial nominees with similar resumes "well qualified" ratings.<ref>[http://johnrlott.tripod.com/op-eds/NYTimesABARankings012506.html
''New York Times'', "Pulling Rank," January 25, 2006
]</ref>
−
In 2001, the George W. Bush administration announced that it would cease cooperating with the ABA in advance of judicial nominations. The ABA continued to rate nominees, including those of George W. Bush. For example, in 2005, it rated [[John Roberts]], nominated 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 withdrew from consideration after a filibuster. However, it gave only a "qualified/not-qualified" rating to nominee [[Janice Brown]]. In 2006, the ABA gave a unanimous "well-qualified" rating to Judge [[Samuel Alito]], Bush's appointee for [[Sandra Day O'Connor|Sandra Day O'Connor's]] Associate Justice position. In 2009, the Obama administration announced that it would reinstate the pre-Bush policy of consultation with the ABA in judicial nominations.<ref>[http://www.nytimes.com/2009/04/14/opinion/14tue2.html "The A.B.A. and Judicial Nominees
" ''The New York Times''
, April 13, 2009]</ref><ref>[http://www.cbsnews.com/8301-503544_162-4871729-503544.html "Obama Taps Moderate Judge, Brings ABA Back Into Fold"
''CBS News'',
March 17, 2009]</ref> In 2009 and 2010, the ABA gave Obama's Supreme Court nominees [[Sonia Sotomayor]] and [[Elena Kagan]] its highest rating, "well-qualified."<ref>[http://articles.latimes.com/2009/jul/08/nation/na-sotomayor8 "American Bar Association gives Sonia Sotomayor its highest rating
" ''Los Angeles Times''
, July 08, 2009]</ref><ref>[http://www.boston.com/news/politics/politicalintelligence/2010/06/aba_gives_kagan.html "ABA gives Kagan highest rating for judicial nominees
" ''boston.com''
, June 24, 2010]</ref>
+
In 2001, the George W. Bush administration announced that it would cease cooperating with the ABA in advance of judicial nominations. The ABA continued to rate nominees, including those of George W. Bush. For example, in 2005, it rated [[John Roberts]], nominated 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 withdrew from consideration after a filibuster. However, it gave only a "qualified/not-qualified" rating to nominee [[Janice Brown]]. In 2006, the ABA gave a unanimous "well-qualified" rating to Judge [[Samuel Alito]], Bush's appointee for [[Sandra Day O'Connor|Sandra Day O'Connor's]] Associate Justice position. In 2009, the Obama administration announced that it would reinstate the pre-Bush policy of consultation with the ABA in judicial nominations.<ref>[http://www.nytimes.com/2009/04/14/opinion/14tue2.html
''The New York Times'',
"The A.B.A. and Judicial Nominees,
"
April 13, 2009]</ref><ref>[http://www.cbsnews.com/8301-503544_162-4871729-503544.html
''CBS News'',
"Obama Taps Moderate Judge, Brings ABA Back Into Fold
,
"
March 17, 2009]</ref> In 2009 and 2010, the ABA gave Obama's Supreme Court nominees [[Sonia Sotomayor]] and [[Elena Kagan]] its highest rating, "well-qualified."<ref>[http://articles.latimes.com/2009/jul/08/nation/na-sotomayor8
''Los Angeles Times'',
"American Bar Association gives Sonia Sotomayor its highest rating,
"
July 08, 2009]</ref><ref>[http://www.boston.com/news/politics/politicalintelligence/2010/06/aba_gives_kagan.html
''boston.com'',
"ABA gives Kagan highest rating for judicial nominees,
"
June 24, 2010]</ref>
==ABA: Constitutional violations by the Bush Administration==
==ABA: Constitutional violations by the Bush Administration==
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==Judicial selection==
==Judicial selection==
−
In an interview, then ABA President-elect Carolynn Lamm reiterated that the official policy of the ABA is to support [[Commission-selection, political appointment method of judicial selection|"merit selection"]], stating that she "absolutely [agrees] with the ABA position on merit selection, judicial selection" and that "in other jurisdictions, certainly, that either a merit selection process or retention elections after a merit election process produce excellent state judges."<ref>[http://www.fed-soc.org/doclib/20090212_ABAWatchFeb09.pdf February 2009 ABA Watch]</ref>
+
In an interview, then ABA President-elect Carolynn Lamm reiterated that the official policy of the ABA is to support [[Commission-selection, political appointment method of judicial selection|"merit selection"]], stating that she "absolutely [agrees] with the ABA position on merit selection, judicial selection" and that "in other jurisdictions, certainly, that either a merit selection process or retention elections after a merit election process produce excellent state judges."<ref>[http://www.fed-soc.org/doclib/20090212_ABAWatchFeb09.pdf
"
February 2009 ABA Watch
," accessed March 5, 2014
]</ref>
==State court conference==
==State court conference==
−
The ABA had planned a May 2009 conference in Charlotte, NC entitled "The Critical Role of Fair and Impartial State Courts." Prominent ABA leaders, along with leadership from groups such as the American Judicature Society (AJS) and [[Justice at Stake]], assisted in planning this conference.
The event featured several state governors and state supreme court justices, and intended to discuss state funding issues, the relationship between the three branches, and how to insure fair and impartial state courts.<ref>[http://www.fed-soc.org/publications/pubid.1289/pub_detail.asp Bar Watch Bulletin]</ref>
+
The ABA had planned a May 2009 conference in Charlotte, NC entitled "The Critical Role of Fair and Impartial State Courts." Prominent ABA leaders, along with leadership from groups such as the American Judicature Society (AJS) and [[Justice at Stake]], assisted in planning this conference. The event featured several state governors and state supreme court justices, and intended to discuss state funding issues, the relationship between the three branches, and how to insure fair and impartial state courts.<ref>[http://www.fed-soc.org/publications/pubid.1289/pub_detail.asp
''The Federalist Society'', "
Bar Watch Bulletin
," February 14, 2009
]</ref>
==Criticisms of the ABA==
==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.
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.<ref>[http://www.abanet.org/gunviol/abapolicyongunviolence/home.shtml Special Committee on Gun Violence]</ref> 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.
+
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.<ref>[http://www.abanet.org/gunviol/abapolicyongunviolence/home.shtml
''American Bar Association'', "
Special Committee on Gun Violence
," accessed March 5, 2014
]</ref> 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.
+
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.
==External links==
==External links==
−
*[http://www.WorldNetDaily.com/news/article.asp?ARTICLE_ID=59643
Ellis Washington
, Tyranny of the American Bar Association]
+
*[http://www.americanbar.org/groups/committees/federal_judiciary/ratings.html Judicial Ratings by Congress]
−
*[http://www.abanet.org
Official website
]
+
*[http://www.WorldNetDaily.com/news/article.asp?ARTICLE_ID=59643
''WND''
,
"
Tyranny of the American Bar Association
," January 12, 2008
]
+
*[http://www.abanet.org
American Bar Association homepage
]
*[http://www.abanet.org/legaled/approvedlawschools/alpha.html List of ABA approved law schools]
*[http://www.abanet.org/legaled/approvedlawschools/alpha.html List of ABA approved law schools]
*[http://www.abanet.org/lsd/studentlawyer ABA ''Student Lawyer'' magazine]
*[http://www.abanet.org/lsd/studentlawyer ABA ''Student Lawyer'' magazine]
*[http://www.abanet.org/disability ABA Commission on Mental and Physical Disability Law]
*[http://www.abanet.org/disability ABA Commission on Mental and Physical Disability Law]
−
*[http://www.fed-soc.org/
Publications
/
ABAwatch
/
abawatch.htm
The Federalist Society ABA Watch]
+
*[http://www.fed-soc.org/
publications
/
page
/
aba-watch
The Federalist Society ABA Watch]
*[http://legaltimes.typepad.com/blt/2011/04/white-house-scratches-its-head-over-some-aba-ratings-of-judicial-nominees.html ''Blog of Legal Times'' "White House Scratches Its Head Over Some ABA Ratings of Judicial Nominees," April 14, 2011]
*[http://legaltimes.typepad.com/blt/2011/04/white-house-scratches-its-head-over-some-aba-ratings-of-judicial-nominees.html ''Blog of Legal Times'' "White House Scratches Its Head Over Some ABA Ratings of Judicial Nominees," April 14, 2011]