Discourse on Dismissals:  Professor Arthur Miller Meets With SCFJI

(L-R) Konstantina Vagenas (Chief Counsel), Judge Nancy F. Atlas (SCFJI Chair), Professor Arthur Miller, Harvey Saferstein (SCFJI Member)

The Standing Committee on Federal Judicial Improvements (“SCFJI”) convened in New York City on October 31 for its 2009 Fall Business Planning Meeting.  At its welcome dinner on October 30, the Committee was joined by renowned Professor Arthur R. Miller.  Professor Miller is a leading scholar in the field of American civil procedure and is co-author of Federal Practice and Procedure.  He provided the Committee with an enlightening perspective on the current debate over federal pleading standards. 

Following its morning business meeting, SCFJI hosted a fascinating discussion among several prominent academics, judges, and a variety of lawyers, including ABA Section of Litigation Chair, Lorna Schofield.  This roundtable discussion explored the impact of the United States Supreme Court's decisions in Ashcroft v. Iqbal and Bell Atlantic v. Twombly on federal civil pleading standards and Federal Rule of Civil Procedure 12(b)(6) motions, as well as legislative and/or rule making responses that might be warranted.  

Judge M. Margaret McKeown Receives the 2009 Founder's Award from the ABA Immigration Justice Project

Judge M. Margaret McKeown, immediate past chair of the Standing Committee on Federal Judicial Improvements (“SCFJI”), was the recipient of the 2009 Founder's Award given by the ABA Immigration Justice Project (“IJP”) on October 29.  The award was presented at IJP's first annual pro bono recognition event, recognizing the work of the many volunteer attorneys, mentors, and translators that have made IJP a success.  More than 60 members of the San Diego legal community attended the event, which was held at the offices of Coughlin Stoia Geller Rudman & Robbins LLP in San Diego. 

Judge McKeown received this award for her groundbreaking work in spearheading IJP.  In 2008, the ABA launched this innovative pro bono immigration pilot project in San Diego with a seed grant from the ABA Enterprise Fund.  The mission of IJP is to promote due process and access to justice at all levels of the immigration and appellate court systems through the provision of high-quality pro bono legal services for those in immigration proceedings in San Diego.  Judge McKeown continues to stay involved with SCFJI and is devoted to the success of IJP. 

Committee Citings

On October 28, the U.S. Chamber Institute for Legal Reform released their new Promoting “Merit” in Merit Selection guide. The guide makes specific reference to the ABA Standards on State Judicial Selection (2000).  These standards were developed by a nine-member commission appointed by the Standing Committee on Judicial Independence (“SCJI”).  The Chamber’s guide also reflects the efforts of the Standing Committee on Federal Judicial Improvements (“SCFJI”) to bring commission-based judicial selection to the forefront.  It was not that long ago when the Committee’s Resolution 118 was approved by the ABA House of Delegates.

In the wake of the U.S. Supreme Court’s decision in Caperton v. Massey Coal Co., the State Bar of Wisconsin’s Board of Governors unanimously recommended that a study committee be established to evaluate the recusal issue in the context of judicial campaign support.  As explained in the Wisconsin Law Journal,  “at the hearing, attorney Thomas L. Schober, Chair of the bar’s Judicial Independence Committee, suggested that the court not rush to a decision simply to have a rule in place by the spring 2010 judicial elections.  Schober also suggested that the court might benefit from an American Bar Association (ABA) report on recusal. . . .”  Nevertheless, on October 28, the Wisconsin State Supreme Court decided 4-3 that campaign donations alone will not necessitate that a judge step down from a case involving a contributor.

In a November 2 National Law Journal article, “Congress Examines Judge Recusals,” David Ingram explained that Congressional attention on the issue of judicial recusal was sparked by Caperton v. Massey Coal Co.  Ingram went on to reference the SCJI Judicial Disqualification Draft Report and explained that former SCFJI Chair and current Chair of the Judicial Conference Committee on Codes of Conduct, Judge M. Margaret McKeown, was scheduled to testify before Congress on the issue.