Dennis W. Archer
House of Delegates
Passing of the Gavel
3:00 pm, Monday, August 11, 2003

Remarks

Thank you, Mister Chair, members of the House, friends. Thank you, Mister President, for honoring me with this gavel.

Before I begin, permit me to make some acknowledgments.
· My wife of 36 years, Trudy Duncombe Archer
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Our sons – Vincent and Dennis Jr., his wife, Roberta
· Trudy’s parents – Eleanor and James Duncombe
· Representing our law firm of Dickinson-Wright, John Krsul and Tony Jenkins
· Mr. Justice Charles Levin
· US Congressman in the CBC for Michigan, John Conyers
· Sandy Cloud who came to our Commission with the idea that led to the Minority Counsel Program
· Rod Gillam, Vice President of GM, who helped lead the Minority Counsel Program and led 68 corporations who filed amicus briefs in the University of Michigan case
· An empty chair for Past President Chesterfield Smith who reached out to the NBA in 1971 to invite us to the ABA
· ABA commission chairs, Diane Yu and Charles Morgan---Leaders of the summits of women and diversity
· Tom Hayward who will chair the Federal Judiciary Committee for a 2-year joint appointment by Robert Grey and me
· Two who caused me to come to my first ABA meeting in 1972 here in San Francisco, Harry Hathaway, the then-incoming Chair of the ABA Young Lawyers Section
· The State Bar of Michigan delegates and our President, Reginald Turner, and Executive Director, John Berry, for their thoughtful acknowledgement of my presidency of the State Bar of Michigan, my becoming President of the ABA and the 50th Anniversary of Brown vs. Board of Education.
· ABA staff members with whom I started my journey a number of years ago----Rachel Patrick---Alpha Brady---Darryl DePriest. My right hand as President-Elect and President----Veronica Muñoz---and the leaders of them all----Marina Jacks and Bob Stein, our Executive Director.

I wish to thank the past presidents of the ABA----the ABA President-Elect Nominee, Robert Grey----the past presidents of the NBA----the state and local bar presidents of color----the judges and lawyer leaders from around the country----and the ABA Minority Caucus----for walking me down the isle to permit me to begin my remarks.

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Today is a new beginning----a new chapter in the history of the world’s largest voluntary organization. We sweep aside the past, this afternoon and tomorrow morning, to officially and emphatically declare that our association’s leadership is open to every lawyer regardless of race or color. I am deeply honored to have the privilege to serve as President of our American Bar Association.

I come to you following a very busy and productive year as President-Elect. I have traveled widely speaking to some 40 national, state, local and specialty bar associations----delivered commencement and commemoration speeches for law schools----testified before the Senate Judiciary Committee on the issue of asbestos litigation----attended a meeting at the White House at President Bush’s request regarding the federal judiciary selection process----addressed corporations, law firms, legal aid societies and judicial conferences. It has been an exciting year!

I learned more about the commitment of lawyers and judges and the way they help their communities through volunteer, public service and the law firms that have a commitment to provide pro bono work. I am so proud of the work of our lawyers who serve the public through their practice in our legal services and public defenders offices.

I visited a law firm in New Orleans that had an outstanding commitment to serve their community through HUGS program by contributing $150,000 each year to support local entities or provide matching funds for others.

The collective work of lawyers and judges was inspiring and their actions renewed my already strong faith in my fellow lawyers and our profession.

Equally satisfying were the things I could tell my audiences about our ABA. I talked about the depth of expertise and commitment of our members and great staff. I impressed upon them that there is not a subject of importance to the profession or relevance to society that a section, division, committee, commission, task force is not already working on.

Our work matters. It matters to the profession, to our clients, to the justice system, to our communities and to America.

Therefore, we accept the request of United States Supreme Court Justice Anthony Kennedy, made at our Opening Assembly, to evaluate the mandatory sentences federal and state judges are required to impose without the ability to exercise their discretion.

We will determine whether the time has come to repeal mandatory sentences and return discretion back to our judges.

We will review the sentence guidelines to determine whether recommendations are in order to reduce the minimum sentences within the relevant guidelines.

We will seek to determine why a disproportionate number of inmates—a least 60% of the prison population---are African American and Hispanic.

We will work with the federal and state departments of corrections to assess the conditions of prisons in which inmates are housed and what positive rehabilitations options are available to reduce the likelihood of recidivism.

We will assess whether the pardon process for those who are serving under the minimum sentences at the state and federal level should be revisited.

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The rule of law is fragile in many countries and we must--when invited-- strengthen it in order to preserve justice and democracy. Without justice and democracy firmly in place in countries we once thought of as “far off,”----we cannot live in peace and without fear here at home.

These are challenging times. Our nation lives under the shadow of terrorist attack----not knowing if or when another will occur.

As the nature of war and the concept of who is the enemy----changes, so too must we change.

Those who put their lives on the line to uphold democratic values and the rule of law are men and women we call heroes. They and their families make great personal sacrifices in the name of freedom.

I feel strongly that JAG members who have law school loans to repay, should be included in our loan forgiveness effort.
Many servicemembers cannot afford to hire lawyers.

Our ABA House of Delegates--you might recall--passed a resolution and Model Expanded Legal Assistance Program Rule at our February 2003 Midyear Meeting----I made a request of the Conference of Chief Justices during their meeting last week to assist in passing a state supreme court rule that will allow military attorneys, in particular situations----and under CLE requirement prescribed in their state, to appear in court under ELAP rule to represent military personnel. A number of states have already taken action.

I also will make a plea to the National Governors Association for states to adopt an in-state tuition policy favorable to the military and their families by waving their state’s residency requirement for military families who live in their state. Military personnel find that in-state tuition status, given their pay scale, is vital to ensuring that their household members receive the benefits of higher education. A favorable in-state tuition policy can have a positive effect on morale and family decisions as it relates to career and retention.

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The past two years have been very difficult for all of us. We have watched our soldiers fighting in far away lands----seen fluctuating terrorist alert levels here at home----and lived every day with the uncertainty of what may happen next. Finding the appropriate balance between fighting the war and preserving our freedoms is a challenging process.

But one thing remains clear: in balancing security and liberty, we must always be careful that we do not trample upon our values in the rush to protect them. Our democracy is strong precisely because of those freedoms.
As new challenges confront us, I am confident that we can meet them, and that we will emerge from the debates and differences stronger, and better able to meet the next challenge.

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As we embark upon a new bar year, let me tell you about some of the things to which we can look forward during my term as President.

I will highlight two major events. The first is a diversity conference in October 2003 in Washington D.C. Charles Morgan, Senior Vice President and General Counsel of BellSouth, is leading this effort as Chair of the Council on Racial and Ethnic Justice. They have the support of the two other ABA diversity entities and the Sections of Litigation, Business Law and Employment and Labor Law.

The second is the National Women’s Summit of General Counsels and Managing Partners in May of 2004 lead by Diane Yu, Chair of the Commission on Women. This summit will have the same ABA entities supporting this effort as will support the diversity conference.

These will really be "outside the box" not-to-miss summits.

Next, I have appointed a Commission on the Celebration of the 50th Anniversary of Brown vs. Board of Education which will be headed by Harvard Professor Charles Ogletree, Jr. The Commission will review the current state of Brown’s goals and its effect on civil rights while honoring the heroes of this landmark decision.

United States Supreme Court Justice Sandra Day O’Connor wrote in her opinion in the Michigan case that she hoped that after 25 more years we may not need to use race as a factor.

To assure we work hard on that time table, I respectfully ask that the ABA, NBA, HNBC, NAPABA----and other bar associations like ABOTA, ACCA, ATLA and other national bar associations that care deeply about affirmative action and diversity----all have our ABA Annual Meeting 10 years from now in 2013 in a city----at the same time. There----as part of our respective annual meetings----we should come together during one or more occasions to collectively review what we have accomplished during the intervening 10 years and determine what we all must do to reach the goal of a color-blind society.

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Allow me to close with these observations. Within our Association, we are blessed to have first rate Sections and Divisions that keep their members and our Association on the "cutting edge" of our practice areas as they produce outstanding publications and CLE programs. Our state and local bar associations keep us informed of issues that may go national. Our work is our strength----and our strength comes from the exceptional members of the American Bar Association who work tirelessly----not only to improve the legal profession and justice system, but to make the world a better place. That’s what ABA members do. I respectfully ask each ABA member to recruit a new member to join our ABA family.

Like many in this association, my family and I have committed our lives to promoting the rule of law. My in-laws, Eleanor and James Duncomb ruled their home. My wife, Trudy, serves as Judge of Michigan’s 36th District Court and my son, Dennis Jr. and his wife, Roberta, are lawyers. While my son, Vincent, took another path he was nurtured, like his brother, with a deep commitment to the core values of the organized bar. Trudy’s sister, Beth, and her husband, Joe, are lawyers. I thank my family and my law firm, Dickinson Wright, for their love and support.

I thank the members of this House for your dedication, hard work and love of our profession.

God bless America and God bless the American Bar Association.