At f/k/a, we often complain that bar associations primarily act on behalf of their
favorite special interest: the financial needs of their members (see, e.g., bar & guild,
another important issue today: bar associations acting like any other special interest
group when it comes to rating judicial candidates. Although I usually favor intelligently-
liberal judges, I agree with Prof. B. that the ABA’s rating process appears titled against
conservative judges. This liberal bias makes its recommendations less effective,
less valuable, and easy to brush aside, doing a disservice to the public, legislators
and other decision-makers. (see WSJ.com, “Yes, the ABA’s Rankings are Biased,”
by Jim Lindgren, Aug. 6, 2005)
The problem of unacknowledged ideological biases (and the capture of associations
or their sections and committees by special interests) goes beyond judicial nominations,
and is not limited to left-oriented groups. I believe that many bar association committees
are chaired and/or populated by activitists and extremists, with political and ideological axes
to grind, and produce recommendations and reports that are skewed toward their special
interests. These proposals are not looked at in depth by an association’s full membership
and often become the group’s “official” position.
For example, as I’ve noted in posts such as this one on the ABA Standards for Children’s
Lawyers in Custody Cases, both the ABA and the NYSBA have adopted guidelines relating
to lawyer representation of children that swept aside long-established judicial precedents and
ethical norms, in order to promote a radical children’s rights agenda. If readers have other
examples from their specialty areas, I hope they’ll join the discussion.
August 9, 2005
bar associations as special interest groups
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