RESOLUTION TO AMEND PHILADELPHIA BAR ASSOCIATION BYLAWS SECTION 7.3.2 TO ADD A SEAT FOR THE CLIFFORD SCOTT GREEN CHAPTER OF THE JUDICIAL COUNCIL OF THE NATIONAL BAR ASSOCIATION ON THE COMMISSION ON JUDICIAL SELECTION AND RETENTION

WHEREAS, for more than forty years, the Philadelphia Bar Association’s Commission on Judicial Selection and Retention (the “Commission”) has evaluated and rated candidates for judicial office in Philadelphia, and from time to time, statewide appellate court candidates; and

WHEREAS, the Board of Governors believes that a diverse Commission brings a variety of experiences and perspectives to the evaluation process which enhances the reliability of candidate ratings; and

WHEREAS, over the years, the composition of the Commission has been expanded to reflect the increasing diversity of the legal profession in Philadelphia; and

WHEREAS, the Commission was expanded in 1984 to include representation from the Association’s Women’s Rights Committee (succeeded by the Women in the Profession Committee), the Barristers’ Association of Philadelphia and the Hispanic Bar Association of Pennsylvania; in 1991 to include representation from the Asian Pacific American Bar Association of Pennsylvania; and again in 2018 to include representation from the Association’s LGBT Rights Committee and the South Asian Bar Association; and

WHEREAS, the Judicial Council of the National Bar Association is an organization of Black judges that includes in its mission, “the eradication of racial and class bias from every aspect of the judicial and the law enforcement process; the improvement of the public’s confidence in courts and in the determination of the judiciary to listen, to understand and to fashion effective remedies for the legitimate grievances of the deprived, the depressed and the dehumanized in our society;”1 and

WHEREAS, founded in 1995, Philadelphia’s Clifford Scott Green Chapter of the Judicial Council of the National Bar Association works to enhance the judiciary and improve the quality of life in the community through mentorship and educational outreach programs; and

WHEREAS, the Board of Governors believes the work of the Commission will be further elevated with the addition of a seat on the Commission for a representative of the Clifford Scott Green Chapter of the Judicial Council of the National Bar Association; and

WHEREAS, the Board of Governors proposes to amend Section 7.3.2 of the Philadelphia Bar Association Bylaws, which sets forth the composition of the Commission, to add a seat for a representative of the Clifford Scott Green Chapter of the Judicial Council of the National Bar Association; and

NOW THEREFORE, BE IT RESOLVED, that the Board of Governors approves the amendment to Section 7.3.2 of the Philadelphia Bar Association Bylaws as shown on the attached blacklined version for submission to the Members in accordance with the provisions of Section 12.1 of the Bylaws.

AND BE IT FURTHER RESOLVED, the text of the proposed amendment shall be published in accordance with the provisions of Section 12.1.2 of the Bylaws.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: May 27, 2021

ARTICLE VII JUDICIAL SELECTION

  • 7.3.2 The Commission shall consist of 3536 persons, each of whom shall be entitled to vote, as follows:
  • 7.3.2.1 The Chancellor, the Chancellor-Elect, and the Vice Chancellor.
  • 7.3.2.2 The President Judge of the Court of Common Pleas of Philadelphia County and the President Judge of the Philadelphia Municipal Court.
  • 7.3.2.3 The District Attorney of Philadelphia; the City Solicitor of the City of Philadelphia; and the Chief Defender of the Defender Association of Philadelphia. Every calendar year, each of the individuals listed in this Section 7.3.2.3 may appoint a designee to serve instead of that individual as a member of the Commission for that year; provided that the designee agrees to consistently attend meetings of the Commission throughout the year.
  • 7.3.2.4 The Chair of the Young Lawyers Division; the Chair and one additional representative of the Criminal Justice Section; provided that one shall be employed by a prosecuting authority and the other shall be a criminal defense attorney; the Chair or Co-Chair of the Family Law Section; the Chair or Co-Chair of the Probate and Trust Section; the Chair or Co-Chair of the Public Interest Section; the Chair or Co-Chair of the State Civil Litigation Section; and a representative of the Business Law Section who shall be a business litigator appointed by the Executive Committee of the Section.
  • 7.3.2.5 The Chair or a Co-Chair of the Appellate Courts Committee; the Chair or a Co-Chair of the LGBT Rights Committee; the Chair or a Co-Chair of the Municipal Court Committee; the Chair or a Co-Chair of the Women in the Profession Committee. If a committee listed in this Section 7.3.2.5 has one or more co-chairs, on or before January 15 of each year one of the co-chairs shall notify the Chancellor as to the identity of the co-chair who will serve as a member of the Commission for that year. If that notification is not given by January 15, the Chancellor shall designate one of the co-chairs to serve as a member of the Commission for that year.
  • 7.3.2.6 Four Voting Members of recognized standing, judgment and independence, one of whom shall be appointed by the Chancellor each year, with the approval of the Board, to serve for a term of four years each, one term expiring on December 31 of each year, with a limitation of two consecutive four-year terms. Thereafter, the Voting Member shall be eligible for reappointment to the Commission after a lapse of 11 months from the expiration of the Voting Member’s term. The Chancellor, on or before January 15 of each year, shall appoint with the approval of the Board, the successor to the lawyer member whose term expired on December 31 of the previous year.
  • 7.3.2.7 Four non-lawyers, two of whom shall be appointed by the Chancellor each year, with the approval of the Board, to serve for terms of one year and two of whom shall serve for a term of two years each, one term expiring on December 31 each year, with no limitation on the number of terms. Such persons shall be selected from the public at large and be persons of recognized standing, judgment and independence, who have demonstrated their interest in the administration of justice in Philadelphia. The Chancellor, on or before January 15 of each year, shall appoint, with the approval of the Board, the successors of the members appointed pursuant to this Section 7.3.2.7 whose terms expired on December 31 of the previous year.
  • 7.3.2.8 The Chair or the Executive Director of Community Legal Services as designated by its Board; the President or a representative of the Asian-Pacific American Bar Association of Pennsylvania, as designated by its Board; the President or a representative of the Barristers’ Association of Philadelphia, as designated by its Board; the President or a representative of the Hispanic Bar Association of Pennsylvania, as designated by its board; and the President or a representative of the South Asian Bar Association of Philadelphia, as designated by its board; and the President or a representative of the Clifford Scott Green Chapter of the Judicial Council of the National Bar Association, as designated by its board. Any individual designated pursuant to this Section 7.3.2.8 must be a Voting Member in order to serve on the Commission.
  • 7.3.2.9 A member of the board of the Philadelphia Trial Lawyers Association, as designated by its board; and a member of the board of the Philadelphia Association of Defense Counsel, as designated by its board. Each individual appointed pursuant to this Section 7.3.2.9 shall serve for a term of two years, with a limitation of three consecutive two-year terms. Thereafter, the individual shall be eligible for reappointment to the Commission after a lapse of 11 months from the expiration of the member’s term. Any individual designated pursuant to this Section 7.3.2.9 must be a Voting Member in order to serve on the Commission.

1 Judicial Council of the National Bar Association Bylaws Article 1, Section 2.