Letter From The President of The Association Of The Bar Of The City Of New York

2005-08-01 01:00

To The Readers Of The Metropolitan Corporate Counsel:

ABCNY Seeking Views From Members

On Supreme Court NominationOf Judge John G. Roberts

The Executive Committee of the Association is reviewing the nomination of Judge John G. Roberts to the United States Supreme Court. This procedure, which has been followed since 1987, when the Executive Committee decided to evaluate all Supreme Court nominees, involves substantial work for members of the Executive Committee and the Judiciary Committee, which is called upon to assist. They will exhaustively review Judge Roberts' decisions and other writings, review other aspects of his background and interview dozens of persons who have appeared before, worked with, or otherwise have experience with or insight regarding Judge Roberts. The members of the Association were sent an email or letter to solicit their comments and information on the nominee.

The Executive Committee will follow guidelines adopted in 1990 (and amended in 2001) in evaluating Judge Roberts' nomination, to consider, based on the available evidence, the extent to which a nominee possesses the following qualifications; exceptional legal ability; extensive experience and knowledge in law; outstanding intellectual and analytical talents; maturity of judgment; unquestionable integrity and independence; a temperament reflecting a willingness to search for a fair resolution of each case before the Court; and to consider and evaluate alternative views; and an appreciation for the historic role of the Supreme Court as the final arbiter of the meaning of the United States Constitution, including a sensitivity to the respective powers and reciprocal responsibilities of the Congress and Executive and the Court's role under the Constitution in the protection of the personal rights of individuals. In reaching a conclusion that a nominee is qualified to be a Justice of the United States Supreme Court, the Executive Committee should make an affirmative finding that the nominee possesses all the above qualifications to a substantial degree.

The Executive Committee will issue a statement on its findings to the public, and to the Senate Judiciary Committee.We recognize that the legal community has a special interest in the quality of the Supreme Court. The heightened public attention to the nomination and confirmation process in recent years reflects that many non-lawyers as well now understand the crucial role the Court plays in our daily lives. We recognize the importance of this decision and will make every effort to live up to the heavy responsibility we have undertaken.

Members may provide their view by fax at 212-398-6634 or by mail to Executive Director's Office, New York City Bar, 42 West 44th Street, New York, NY 10036.


Bettina B. Plevan