A Government Relations Review and Preview

By Cissy Jackson and Dan Renberg

Taking a cue from the ancient Roman god Janus, in this issue we will look back at the FBA’s government relations efforts and accomplishments in 2022 and look ahead to our priorities and plans for 2023.

Early in the year, the FBA’s Government Relations Committee reorganized its Policy Priorities website to distinguish between Advocacy Priorities (also known as the Issues Agenda), Public Policy Core Principles, and Public Policy Position Statements. As the name suggests, the first category pertains to issues in which the FBA is actively engaged in advocacy. In 2022, FBA members supported legislation to increase judicial security, amend the FBA Foundation’s Charter, add seats to the federal bench, create an independent immigration court, and provide sufficient funding for the federal courts.

Cissy Jackson served as counsel and national security adviser to Sen. Doug Jones, D-Ala. before joining ArentFox Schiff. She also has extensive experience in the private practice of law, handling white collar, False Claims Act, grand jury investigation, and commercial property tax appeal matters. Jackson has represented multinational corporations, small businesses, and individuals in high-stakes civil and criminal litigation. Dan Renberg, a former senior Senate staff member and presidential appointee, has helped numerous clients since joining ArentFox Schiff as a partner in 2003. Recognized as a top federal lobbyist, one of Renberg’s advocacy efforts was included as one of the “Top 10 Lobbying Triumphs of 2009” by The Hill, and he has been listed annually since 2014 in The Best Lawyers in America.

In 2022, the committee achieved two of its top advocacy priorities and made significant progress toward a third. In doing so, the committee mobilized dozens of individual FBA members and collaborated with other stakeholder groups to make hundreds of connections with elected representatives across Capitol Hill in person, on video, by phone, and by email.

The FBA played a pivotal role in the enactment of the Daniel Anderl Judicial Security and Privacy Act by demonstrating the significance and urgency of the legislation through a sustained campaign that began with virtual Capitol Hill Day meetings followed by letters, emails, and additional meetings throughout the year, until Congress presented the bill to the President as part of the National Defense Authorization Act on December 22. With outside counsel, and inspired in particular by Judge Esther Salas, the FBA assisted the Federal Judges’ Association, the National Conference of Bankruptcy Judges, the Federal Magistrate Judges’ Association, and the Administrative Office of the U.S. Courts in showing their members’ support as well. The list of FBA members who participated in this effort is too long to include here, but we congratulate and thank each of you for your contributions. The importance of the Anderl Act to our federal judiciary and to our federal legal system cannot be overstated. As Judge Roslynn Mauskopf, director of the AO, has said, “Our democracy depends on judges who are free to make decisions without fear of reprisal or retribution… [The Anderl Act] recognizes the unique position judges occupy and will help protect them and their family where they are most vulnerable, at home.” Not resting on our laurels, in 2023, we intend to work to ensure that Congress appropriates sufficient funds to fully implement the protections provided by the Anderl Act.

FBA also made some inroads in its lengthy effort to amend the FBA Foundation’s Charter, which necessitates an act of Congress because Congress bestowed the Charter in 1954. Although the Charter Amendments bill passed the House, as it has in previous Congresses, it encountered strong headwinds in the Senate, as has also happened in the past. With persistence and help from FBA members with close relationships to their members of Congress, FBA identified the source of the Senate “holds” and is looking forward to resolving any residual Senate concerns in the 118th Congress. This will undoubtedly require assistance from FBA members in several key states.

The FBA considers it a win that Congress’ appropriations for the judiciary—$8.573 billion—exceeded the previous year’s total enacted amount by almost $587 million, even though the amount was slightly less than the AO’s request of $8.641 billion. We are monitoring carefully the comments both sides are making in this new, divided Congress regarding the upcoming FY2024 budget/appropriations process and possible restraints on federal spending, and we will be working hard to convince both parties of the need to support the federal courts robustly.

Two of the FBA’s Advocacy Priorities, the addition of new federal judgeships and the creation of an independent immigration court, did not receive significant Congressional attention during 2022. Based on recent conversations with relevant players, we anticipate reintroduction of those bills, and we intend to keep them at the top of our list for 2023. Notwithstanding a drop in filings in 2022 as reported by Chief Justice Roberts, and as many of you know from personal experience, our federal courts are still facing enormous caseloads, and the backlog is adversely impacting both access to and the administration of justice. As some of you also know, the FBA has spent years helping draft legislation, using Congress’ Article I power, to establish an independent immigration court. An independent immigration court would provide needed transparency regarding removal proceedings, judge conduct, and discipline and would free judges to manage their caseloads without the political pressure that accompanies their current place in the Department of Justice. The FBA continues to believe that both these issues can and should be addressed by Congress, and we invite each FBA member to join us in working to focus Congressional attention on them this year.

When constituents convey their priorities appropriately and persistently, members of Congress pay attention. A new Congress presents new opportunities to establish the FBA further as a trusted, nonpartisan adviser on issues affecting the federal legal system and the administration of justice, and the FBA is ideally positioned to speak on behalf of public and private federal practitioners, the federal judiciary, and the public. With seven new senators and 74 new representatives from Alabama to Wyoming, as well as new leadership on many House and Senate committees, the possibilities for developing and strengthening the FBA’s relationships with Congress abound. We encourage all FBA members—especially members from those jurisdictions with newly elected representatives—to join us for Capitol Hill Day on March 23 and to keep your eyes on your inboxes for requests for your assistance throughout the year. 

Editorial Policy

The Federal Lawyer is the magazine of the Federal Bar Association. It serves the needs of the association and its members, as well as those of the legal profession as a whole and the public.

The Federal Lawyer is edited by members of its Editorial Board, who are all members of the Federal Bar Association. Editorial and publication decisions are based on the board’s judgment.

The views expressed in The Federal Lawyer are those of the authors and do not necessarily reflect the views of the association or of the Editorial Board. Articles and letters to the editor in response are welcome.