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16 Jud. Div. Rec. 1 (2012-2013)

handle is hein.aba/judrc0016 and id is 1 raw text is: 


















                        By Hon. William D. Missouri (Ret.), Upper Marlboro, MD
                                                       little past noon on August 4, 2012, at the Westin
                                                       River North Hotel in Chicago, IL, the gavel of
                                                       leadership was passed from the Hon. Richard Dick
                                                       C. Goodwin to me and I became the Chair of the
                                                 Judicial Division (JD) for 2012-2013. The simple act of
                                                 passing the gavel from Richard to me carried with it the
                                                 duty, honor and obligation of increasing the profile of the
                                                 JD and continuing the efforts to increase our membership.
                                                 As the Division's past chairs know, leading the entity
                                                 that is the voice of the Judiciary within the ABA requires
                                                 commitment, dedication, and hard work.     I pledge to
                                                 work hard to ensure that the JD continues its upward
                                                 progression.

                         Speaking of past chairs, I am indebted to all who have preceded me in this posi-
                         tion for their dedication and hard-work in increasing the JD's visibility within the
                         Association. I am particularly indebted to the past chairs, beginning with the Hon.
                         James A. Wynn, who devoted significant energy to the issue of judicial disqualifica-
                         tion. Even after Judge Wynn's efforts, the need for work necessary to address this
                         important issue persisted and consumed an inordinate amount of the Hon. G. Mi-
                         chael Witte's year as JD Chair. After much work, Judge Witte and his successor,
                         Judge Goodwin, likely thought that the issue was settled after the HOD (House of
                         Delegates) passed Resolution 107 at the 2012 ABA Midyear meeting in New Orleans,
                         LA. However, just as we thought it was safe to move on to other initiatives, the dis-
                         qualification issue has appeared once again on the radar screen in a manner that
                         demands attention. Fortunately, the JD has cemented a strong relationship with
                         the ABA's Tort Trial and Insurance Practice Section (TIPS), which provides the basis
                         for a strong partnership through which the issue of judicial disqualification can be
                         addressed. In particular, the TIPS/JD partnership ultimately resulted in establish-
                         ment of a respectful working relationship with the Standing Committee on Ethics
                         and Professional Responsibility and the Standing Committee on Professional Disci-
                         pline. We look forward to continuing the working relationship with the two stand-
                         ing committees to facilitate an acceptable amendment to Rule 2. 11 by the February
                         2013 Midyear meeting in Dallas, Texas.

                         As most JD members know, the ABA Midyear Meeting will signal the half-way mark
                         for me as JD Chair and Laurel G. Bellows' tenure as ABA President. I point out the
                         obvious because President Bellows initiatives - Human Trafficking; Improving Cyber
                         security; Preserving Justices; Preservation of the Civil Jury Trial; and Promoting Di-
                         versity - must be a part of all JD members' conversation by that time.

                         Because there are vehicles to address the issue of human trafficking (Task Force
                         on Human Trafficking) and the preservation of civil jury trials (Commission on the
                         American Jury Project), I am confident that important work on those issues will have
                         been completed by the Midyear Meeting. In fact, with the exception of preserving
                         justice by adequate funding of the courts and promoting diversity to ensure gender
                     equity, all of President Bellows' initiatives can be addressed by articulating plans of

S    o                   action and taking steps to carry out the action plans. Court funding and diversity/
                         gender equity in the judicial system, on the other hand, require the commitment of
                         those with allegiance to specific constituencies. For example, court funding can only
                         be improved through legislative and executive action, while gender equity can only

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