Litigation

ABA President Gives Update on Court Issues

By Charlie Hall

Few recent ABA presidents have made protecting the courts so central to their agenda as H. Thomas ?Tommy? Wells Jr. Gavel Grab was fortunate to talk with Tommy at last week?s American Bar Association midyear meeting, and he gave the following updates on issues affecting the courts.

Judicial Nominating Advisory Commissions. Last August, when it was unclear which party would control the White House, Wells called for the use of bipartisan advisory commissions to recommend candidates for federal judgeships. The goal of such panels is to reduce partisan squabbles, by advising a state?s senators and the president on which candidates enjoy a state-level consensus, before a nomination is made.

Eight states voluntarily used such commissions at the end of the Bush administration. Although no new states have adopted the system, Wells said he is encouraged by positive attention he has received in the press and among certain senators:

?We were very pleased to receive a favorable editorial in the Los Angeles Times. It?s also encouraging that the Democratic senators in California want to continue their bipartisan commissions, even though the Democrats now control the White House. There are so many unfilled judgeships. It speaks very well that the process can work in such a huge state as California.?

Wells said he also has met with members of President Obama?s incoming legal team, encouraging the White House to use bipartisan advisory commissions for all federal judgeships that require Senate approval. This was done during President Carter?s administration, but not since.

The Times editorial also urged President Obama to restore the ABA?s longtime role of screening potential judicial nominees before they are announced. This practice, begun under Eisenhower, was halted early in the administration of President George W. Bush. The ABA has continued to evaluate nominees once announced. Well said:

?The ABA wants to be helpful in whatever way the White House believes we will be most helpful. There are advantages either way. There might be value in finding problems before a president makes a nomination, but some say we now have a more transparent process.?

Summit on Fair and Impartial Courts. An ambitious May 7-9 summit of state leaders in Charlotte, N.C., is moving full speed ahead. As of last week, 36 state delegations had committed to take part, with the chief justices, and representatives (more…)

Full post as published by The Gavel on February 20, 2009 (boomark / email).