Representing the Tort Trial and Insurance Practice Section (TIPS) as its senior delegate, CCL President Robert S. Peck successfully presented three resolutions to the American Bar Association House of Delegates during the bar’s annual convention in Boston, winning overwhelming support for the importance of the right to a jury trial, making greater efforts to increase professionalism among lawyers, and promulgating clear and timely procedures for obtaining disqualification of judges who may have an appearance of impropriety.

On August 10, at the end of the first day of the House meeting, Peck moved a resolution that recognizes the fundamental nature of the jury-trial right and opposed its suspension or delay for fiscal reasons.  In arguing in favor of the resolution, Peck quoted a 1986 decision of the Ninth Circuit, that held that “the availability of constitutional rights does not vary with the rise and fall of account balances in the Treasury.” Armster v. U.S. District Court, 792 F.2d 1423, 1430 (9th Cir. 1986). The decision came after the Administrative Office of the Courts advised courts to suspend civil jury trials for fiscal reasons. In recent years, courts have faced severe budgetary restraints.  Several states and localities have responded to the financial crisis by suspending civil jury trials. The resolution urges court systems to find other ways to maintain fiscal integrity. The resolution passed without opposition.

The following day, Peck moved two other resolutions. The first commended the American Civil Trial Bar Roundtable’s “White Paper on Increasing the Professionalism of American Lawyers,” which surveys the many innovative programs conducted around the country to heighten the professional conduct of lawyers, including efforts to encourage greater civility in litigation. The resolution also encouraged those who might consider such programs to look at the White Paper and other sources for ideas.  The second resolution Peck moved on August 11, which had the endorsement of the Conference of Chief Justices (CCJ) and cosponsorship of the ABA Judicial Division, urged states and territories to adopt clearly articulated, transparent and timely procedures to ensure that judges disqualify themselves in instances where conflict or bias or other grounds exist to warrant recusal in order to assure fair and impartial judicial proceedings.  The resolution went on to state that, when a judge denies such a motion to recuse, procedures should exist for review of the decision by an authority independent of the judge who is the subject of the recusal motion. In presenting the resolution, Peck noted that the chief justice of Arizona, as a result of the effort to craft a resolution with the participation of the CCJ, had appointed a task force to fill in gaps in Arizona’s existing procedures.

During the ABA Convention, Peck also participated meetings of the TIPS Council and a special reception held in honor of the Supreme Court Fellows Alumni Association, of which he is a former president.