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The
NBA Perspective
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Objectives · History
· Briefs
· Publications
· Milestomes
· Civil Efforts
· Political
· Conference
· International
During
the first quarter of the 20th century, twelve African-American
pioneers with a mutual interest in, and dedication to justice
and the civil rights of all, helped structure the struggle of
the African-American race in America. George H. Woodson, S. Joe
Brown, Gertrude E. Rush, James B. Morris, Charles P. Howard, Sr.,
Wendell E. Green, C. Francis Stradford, Jesse N. Baker, William
H. Haynes, George C. Adams, Charles H. Calloway and L. Amasa Knox
conceived the National Bar Association (NBA), formally organized
in Des Moines, IA on August 1, 1925.
When
the NBA was organized in 1925, there were fewer than 1,000 African-American
lawyers in the nation, and less than 120 belonged to the Association.
By 1945, there were nearly 250 members representing 25% of the
African-American members of the bar. Over the past 75 years, the
NBA has grown enormously in size and influence.
Today, the NBA Board of Governors formulates the Association's
policies. The Board consists of the following: officers (president,
president-elect, four vice presidents, secretary and treasurer;
twelve regional directors; five former NBA presidents; seven at-large
representatives; seven affiliated chapter representatives; one
representative from each of the twenty-one substantive legal sections
and one from each of the nine special interest divisions. Between
the regular meetings of the Board of Governors, the Executive
Committee, which is composed of the NBA officers and seven board
members, functions on behalf of the Board. From the national headquarters
in Washington, DC, an executive director serves as chief operating
executive and supervises daily operations. The National Bar Association
Magazine, the official publication of the Association, mainly
facilitates communication between members, staff and others. Finally
in 1984, the NBA purchased its official headquarters at 1225 11th
Street, NW Washington, DC 20001.
OBJECTIVES
OF THE NATIONAL BAR ASSOCIATION
The objectives of the NBA "…shall be to advance the science
of jurisprudence; improve the administration of justice; preserve
the independence of the judiciary and to uphold the honor and
integrity of the legal profession; to promote professional and
social intercourse among the members of the American and the
international bars; to promote legislation that will improve
the economic condition of all American citizens, regardless
of race, sex or creed in their efforts to secure a free and
untrammeled use of the franchise guaranteed by the Constitution
of the United States; and to protect the civil and political
rights of the citizens and residents of the United States."
HISTORY
OF THE NATIONAL BAR ASSOCIATION
Legions of African-American lawyers affiliated with the NBA
ushered in the rule of law through the turbulent 1920's and
1930's, R.D. Evans, for example, who later became a member of
the NBA, tried the first case in Waco, Texas to prevent the
Democratic Party from forbidding "colored people" to vote in
election primaries in 1919.
From
the 1920's through the 1950's, African-American lawyers such
as the Honorable James A. Cobb, T. Gillis Nutter, and Ashbie
Hawkins fought the famous segregation case of Louisville, and
the Covenants case of The District of Columbia. Early NBA pioneers
S.D. McGill, R.P. Crawford, and J.L. Lewis fought to have sentences
of execution stayed in the Florida case popularly referred to
as the "Four Pompano Boys." Wherever there was a fight to wage
in defense of the rights of Blacks and poor people, the NBA
was there.
In 1940, when the number of African-American lawyers barely
exceeded 1,000 nation wide, the NBA attempted to establish "free
legal clinics in all cities with a colored population of 5,000
or more." The NBA was ahead of the "War on Poverty" programs
of the 1960's, which gave birth to federal legal aid to the
indigent. Members of the NBA were leaders of the pro bono movement
at a time when they could least afford to provide free legal
services and before poverty law became profitable.
When
the Supreme Court outlawed school segregation in Brown v. Board
of Education the NBA was only 25 years old. This decision culminated
a long struggle by African-American lawyers. Thurgood Marshall,
the first African-American United States Supreme Court Justice,
and United States District court Judge Constance Baker Motley,
the first African-American female federal judge, are two outstanding
jurists who helped make Brown v. Board of Education a pivotal
case in American Civil Rights history. Through continuing service,
the NBA has become known as America's legal conscience.
For
the NBA, 1978 - 1979 proved to be the "Year of Affirmative Action."
In the wake of Bakke v. Regents of the University of California,
the organization addressed pressing issues laid bare by this
momentous decision. The NBA gained international recognition
for efforts on behalf of the disenfranchised and politically
oppressed people of the world.
March
of 1981 saw the first NBA Legislative Conference. The 1981 -
1982 bar year commenced on a historical note: Arnette R. Hubbard
assumed leadership, making her the first woman president of
a major bar association. In May 1982, the NBA named its mid-year
dinner in honor of Gertrude E. Rush, the organization's only
woman co-founder. The Gertrude E. Rush Award Dinner past honorees
include: Ret. Gen. Julius Becton; Thomas Berkley, Esq., publisher
of California's Post Newspaper; Hon. Jane Bolin, the nations
first African American woman judge; poetess Gwendolyn Brooks;
Hon. Willie L. Brown, Jr., Mayor of San Francisco; Hon. Shirley
Chisholm; Johnnie L. Cochran, Jr., Esq.; Hon. George W. Crockett,
Jr.; Major General (Retired) Kenneth Gray; Rev. Jesse Jackson;
Hon. Maynard H. Jackson; Hon. Barbara C. Jordan; Hon. Kweisi
Mfume; Hon. Charles B. Rangel; Hon. Rodney Slater; Hon Maxine
Waters; and Hon. L. Douglas Wilder.
In
1986, the NBA Hall of Fame was inaugurated by then President
Fred D. Gray, Sr. to honor those lawyers who have been licensed
to practice for forty years or more and who have made significant
contribution to the cause of justice. Several prominent NBA
members have been inducted into the Hall of Fame over the past
few years. These inductees include: Hon. Louis Stokes; Cora
T. Walker, Esq.; Hon. William Cousins, Jr.; and Hon. L. Clifford
Davis.
The
first Annual Wiley A. Branton Award Luncheon and Issues Symposium
was held in Little Rock, Arkansas in 1989. The Symposium, established
as a tribute to Wiley A. Branton, a stalwart in the Civil Rights
arena, was first held in his hometown. Since 1989, the NBA has
used this Symposium as an avenue to discuss pressing social,
legal, and political issues affecting our communities. Wiley
A. Branton Award Luncheon honorees include: Hon. Dennis W. Archer;
Hon. James E. Clyburn; Marilyn Crawford; Fred D. Gray, Esq.;
Hon. Eugene Hamilton; Dr. Dorothy Irene Height; Hon. Earl F.
Hillard; Elaine Jones, Esq.; Tom Joyner; and Hon. Janet Reno;
and H.T. Smith, Esq.
In 1992, the NBA submitted comments to the proposed "incubator"
program described by the Federal Communications Commissions
(FCC) in its Memorandum Opinion and Order and Further Notice
of Proposed Rule Making, FCC 92-361, released September 4, 1992.
In that same year comments were also submitted in response to
the Notice of Proposal Policy Guidance issued by the United
States Department of Education and published in the Federal
Register on December 1, 1991.
In
1996, the NBA submitted comments before the Federal Communications
Commission (FCC) in the Matter of Streamlining Broadcast EEO
Rules and Policies, Vacating the EEO Forfeiture Policy Statement
and Amending Section 1.80 of the Commission's Rules to Include
EEO Forfeiture Guidelines. Also in 1996, the NBA submitted an
amicus curiae brief in Sloan et al v. United States of America
(Docket No. 96-8145) to the United States Court of Appeals for
the Eleventh Circuit. The focus of this case was the racially
disparate impact of the enforcement of the federal "cocaine
base distinction."
At
present, the NBA is the nation's oldest and largest national
association of predominately African-American lawyers and judges.
It has 84 affiliate chapters throughout the United States and
affiliations in Canada, the United Kingdom, Africa and the Caribbean.
It represents a professional network of over 20,000 lawyers,
judges, educators and law students.
AMICUS
CURIAE BRIEFS
In 1983 - 1984, the NBA was signatory on two amicus curiae briefs
in Title VII cases decided by the U. S. Supreme Court: a last-hired,
first-fired case involving public safety workers, in which the
Court regrettably ruled that minorities hired to remedy past
discrimination should be laid off prior to workers with seniority;
and a suit brought by a female associate against a large law
firm, in which the justices ruled that partnership decisions
must comply with federal employment discrimination laws. The
NBA also submitted an amicus curiae brief to the U.S. Court
of Appeals for the District of Columbia Circuit in Western Michigan
Broadcasting v. Federal Communications Commission, which affirmed
the Federal Communications Commission's minority ownership policy.
In
1986, the NBA filed an amicus curiae brief protesting the criminal
contempt conviction of Howard Moore, Jr., a nationally prominent
civil rights attorney and a member of the NBA. Mr. Moore was
cited for criminal contempt and fined $5,000 on the basis of
a single question asked of a witness to determine racial bias
during his cross-examination in the case, United States v. Albert
Turner, et al. He won an acquittal for his clients, who were
accused of mailing altered absentee ballots to the Perry County,
Alabama Circuit Clerk. The conviction of Mr. Moore, if allowed
to stand, would have had a chilling effect upon the African-American
Lawyer's right to fairly and strenuously advocate on behalf
of his clients.
Between
1989 and 1990, the NBA submitted three amicus curiae briefs.
The first amicus brief, submitted in 1989, was submitted in
Astroline Communications v. Shurgerg Broadcasting of Hartford,
Inc. (Docket No. 89-700). The issue in the case was the constitutionality
of the FCC's minority distress sale policy, which permitted
certain licenses to be transferred only to minority-controlled
firms. The second was submitted in 1990 to the United States
Court of Appeals for the Fifth Circuit in United States v. Mabus,
renamed United States v. Fordice. The issue before the court
in that case was whether Mississippi had satisfied its obligation
under the Equal Protection Clause and Title VII of the Civil
Rights Act of 1964, to dismantle its racially dual system of
higher education. In an 8-1 decision, the U.S. Supreme Court
found that the State of Mississippi did not fulfill its mandate
under Brown merely by adopting race neutral admissions policies
where other existing policies, traceable to the segregative
de jure system are still in place. The third brief was submitted
in Metro Broadcasting, Inc. v. FCC (Docket No. 89-453) supporting
the FCC's use of factors such as diversification, female ownership,
minority ownership, and past broadcast experience in selecting
among qualified applicants to become qualified licensees.
In 2000, the NBA submitted an amicus curaie brief, George W.
Bush and Richard Cheney vs. Albert Gore Jr. et al, regarding
electoral process in support of the respondents. Outlined in
the amicus curaie, the NBA's Elections/Voting Rights Task Force
set out a wide range of non-controversial, nonpartisan, race-neutral
standards and procedures.
PUBLICATIONS
In addition to the bimonthly publication, National Bar Association
Magazine, the National Bar Association has published several
journals and directories including:
-
The National Bar Association Commercial Law Journal, a source
book for commercial attorneys and minority entrepreneurs.
-
The National Bar Association Memoirs and Legal Journal, a summary
of highlights in NBA history as well as a compilation of articles
discussing significant events impacting upon the Association,
the legal profession, and the African-American community.
-
Compiled the most comprehensive listing of African-American
elected and appointed judges, Black Judges in the United States,
cooperative endeavor of the NBA Judicial Council and the Joint
Center for Political Studies.
-
Distributed the first National Roster of Black Judicial Officials,
compiled under the auspices of the NBA Judicial Council and
the American Judicature Society.
-
The 1995 and 2001 National Bar Association Membership Directory,
the largest and most comprehensive publication of African-American
attorneys in the world .
MILESTONES
The
NBA's network has made significant strides in expanding the
opportunities for its membership of over 20,000 lawyer, judges,
educators and law students. The NBA has concerned itself with
a wide range of projects, including:
-
Purchased a permanent headquarters for the NBA at 1225 11th
Street, NW, Washington, DC in 1984.
-
Created
its web site on the Internet to facilitate greater communication
between the Association and the general public, as well as
to generate greater awareness of the NBA (http://www.nationalbar.org).
-
Established communications with key corporations to generate
retainers for minority law firms.
-
Expanded
the membership packet to include a Gold Master Card Program,
car rental discounts, travel services, group discount purchasing
and group insurance.
-
Been approved as a sponsor in those states with mandatory CLE
requirements.
-
Operated a lawyer Referral & Information Center, a nationwide
referral service for commercial lawyers.
-
Expanded on the number and quality of continuing legal education
(CLE) seminars offered each year.
-
Expanded on the number of corporations providing discounts
and benefits to NBA members.
-
Fostered several long-term alliances with some of the world's
most respectable corporations. Our aim is to establish on-going
relationships between the members of the NBA and the products
and services of several Fortune 1,000 companies.
-
Established
the NBA/ Carleton College Scholarship, a four-year scholarship
awarded to as many as four deserving African-American students.
-
Established
The National Bar Association Crump Law Camp, designed to provide
students between the ages of 14 and 17 and/or entering the
9th, 10th, and 11th grades with a comprehensive introduction
to the American judicial and legal system.
-
For more than ten years, the NBA has financially maintained
itself primarily on receipts from membership dues, the Mid-Year
Conference, and the Annual Convention. The NBA, as an advocate
for the Nation's African American lawyers, continues to identify
unaffiliated lawyers and guide them into the NBA network.
CIVIL
EFFORTS
The
NBA continues "to protect the civil and political rights of
the citizens and residents of the United States."
-
In
conjunction with various state, local, and national legal
groups, (including ABA, ATLA, NAACP, LDF and LCCR) the NBA
co-sponsors various events to promote the continuing development
of the profession.
-
Provided
legal assistance to elderly African-Americans through the
NBA Black Elderly Legal Assistance Support Project (BELASP).
After its inception in 1986, BELASP conducted a variety of
programs designed to improve the Black elderly's access to
legal assistance. It provided many training and continuing
legal education seminars for lawyers, including "Saving the
Home and Defending Against Fraud and Scams."
-
Used a grant received from the Department Health and Human
Services Administration on Aging to study the means of improving
the delivery of legal services to the African American elderly
poor, and to develop a process to recruit African American
lawyers for providing pro bono and reduced fee services to
this growing segment of the population.
-
Intervened
in Driscoll v. Regents of the University of California, a
case which sought to invalidate the University's financial
aid program.
-
Researched statistics and held public hearing on minority
employment and promotion in the criminal system.
-
Engaged
in a Title VII loan fund sponsored by the Equal Employment
Opportunity Commission to assist lawyers in litigating discrimination
grievances.
- Monitored
attack on affirmative action programs in the nation's colleges
and universities and educated students on the need for responsive
activities.
-
Supported the right of Haitian refugees to seek asylum in
the United States.
-
Promoted minority business enterprise and development through
advocacy, technical assistance, and educational programs.
- Launched
the NBA Minority Bar Involvement Project, with funding from
the Legal Services Corporation, which awarded grants to 12 sub-grantee
organizations for the delivery of pro bono or reduced legal
fee services.
POLITICAL
ADVANCEMENTS
The National Bar Association maintains a commitment to political
issues on a national and international plane.
-
Supported the nomination and confirmation of several African-Americans
currently in key political and judicial positions.
-
Developed
a judicial selection process during the Carter Administration
to ensure meaningful gains for minority judges under the Omnibus
judgeship Act. · Called for legislation to curb groups that
advocate imminent violence.
-
Testified before the House Judiciary Subcommittee on behalf
of the Legal Services Corporation.
-
Co-sponsored
the NBA Women Lawyers Division U.S. Supreme Court Swearing-In
Ceremony.
-
In
the Spring of 2000, The National Bar Association and West
Group completed a joint project donating a gift of Westlaw
access to the United Nations for use by the International
Criminal Tribunals for Rwanda (ICTR) and for the former Yugoslavia
(ICTY). The gift provided unlimited access to Westlaw to approximate
400 United Nations prosecutors, judges and clerks staffed
by both tribunal for four years.
CONFERENCES
& SEMINARS
The NBA offers programs of continuing legal education through
its Annual Convention, Mid-Year Conference and at various other
meetings throughout the year.
- Hosted
the first ever Minority Bar Leadership Summit aimed at developing
a networking relationship among the leading minority bar associations
nationwide. The Conference, now known as the Coalition of Bar
Associations of Color, is now an annual meeting of the leaders
and officers of the Hispanic Bar Association, National Asian
Pacific American Bar Association, Native American Bar Association
and the National Bar Association.
-
Sought through its Commercial Law Section to showcase the
expertise and talents of NBA member attorneys through the
annual Commercial Law Section Corporate Counsel Conference.
-
Conducted commercial law seminars in urban centers throughout
the United States pursuant to a grant from the Minority Business
Development Agency, United States Department of Commerce.
-
Held the first national Black-on-Black Crime Conference.
-
Assessed
the recruitment, retention and placement rates of minority
law students through a conference attended by law school deans,
professors, placement officers and bar examiners.
-
Co-sponsored
a voting rights conference with Operation PUSH and the NAACP
Legal Defense Fund, which was aimed at mapping litigation
and enforcement strategies.
INTERNATIONAL
PROGRAMS
The National Bar Association has worked very hard to create
an environment to help foster social, political and economic
development around the world.
-
Issued
a joint report with 24 other organizations, Nambia: The Crisis
in United States Policy Toward Southern Africa, which calls
for an end to South Africa's intransigence in independent
Nambia and an end to the U.S. policy of "constructive engagement"
in South Africa.
-
Received unanimous acceptance by the Organization of African
Unity (OAU) of the United Nations and worldwide acclaim for
the above-referenced report.
-
In
1991, the NBA held its first International Affiliate Chapter
Meeting in Dakar, Senegal and Abidjan, Cote D' Ivoire. Since
then, Affiliate Chapter Meetings were held in London, England
(1992); South Africa (1993 & 1995); Toronto, Canada (1994);
Accra, Ghana (1996); Bahia, Brazil (1997); Tanzania and Kenya
(1998); Israel and Jordan (1999); and London, England and
Paris, France (2000).
-
In 1992, the NBA took a delegation of American lawyers and
judges on a study tour of South Africa which lasted approximately
fourteen days and included joint meetings and seminars on
democratic principles and other areas of law relevant to preparing
black African lawyers for leadership and participation in
a new government.
-
In April 1994, as the only bar group sanctioned by the International
Elections Committee, nine representatives of the NBA participated
in a United States delegation which served as official observers
for the first all race democratic election conducted in South
Africa.
- In
April 1995, the NBA brought a delegation of twelve lawyers and
bar leaders from Ghana, Kenya, Tanzania and Uganda on a thirty-day
study tour of the United States.
-
In June 1995, the NBA sent delegations of attorneys on economic
development and democratic tours of Ghana, Kenya, Tanzania,
Uganda and South Africa.
-
Issued
a comprehensive report to the U.S. Senate, Nations Africa
Group, and the U.S. Anti-Apartheid Committee on the illegality
of the Zimbabwe/ Rhodesian Constitution.
The
NBA continues to labor in the vineyard for equal justice under
law. The NBA needs you and you need the NBA.
LAW
IS MORE THAN A CAREER…. IT'S A COMMITMENT
JOIN
THE NBA TODAY!!!
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