' A Monthly Publication of the Nashville Bar Association
Joycelyn A. Stevenson, Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com Eleanor Wetzel, Managing Editor eleanorwetzel@jis.nashville.org
E�������� C�������� Noel Bagwell Kimberly Faye Carline Sapp Hudson Tim Ishii Tracy Kane Everette Parrish Bart Pickett Matthew Pierce Bill Ramsey Mike Sandler Kristin Thomas Jonathan Wardle Victoria Webb Eleanor Wetzel David Winters
N�������� B�� A���������� S���� Monica Mackie Executive Director ----------Shirley Clay Finance Coordinator Wendy Cozby Lawyer Referral Service Coordinator Traci Hollandsworth Programs & Events Coordinator Malinda Moseley CLE Coordinator Judy Phillips CLE Coordinator Jill Presley Marketing & Communications Director Jan Margaret Rogers CLE Director Vicki Shoulders Office / Membership Coordinator The Nashville Bar Journal, ISSN 1548-7113, is published monthly by the Nashville Bar Association at 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219, (615) 2429272. Periodicals Postage Paid, Nashville, TN (USPS 021-962). Subscription price: $25 per year. Individual issues: $5 per copy. POSTMASTER: Send address corrections to Nashville Bar Journal, 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219 No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. The Nashville Bar Journal is not responsible for the return or loss of unsolicited manuscripts or for any damage or other injury to unsolicited manuscripts or artwork. All Articles and Letters contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association.
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Nashville Bar Journal • June / July 2016
From the President
Taking Positions on Matters of Public Interest By Joycelyn A. Stevenson Whether it is at the local, state or federal level, there are a host of important issues currently affecting our legal community. The Nashville Bar Association (NBA) regularly receives feedback from our members including requests for the NBA to weigh in on many of these issues given the important role of the NBA and its leadership in our community throughout the years. Looking at the immediate history of the Association, there have been limited circumstances where the NBA has taken an official public opinion. Two recent circumstances included the educational campaign surrounding the retention election in 2014, and a resolution strongly supporting the continued presence of the bankruptcy court in the U.S. Customs House. One of the questions that I often receive relates to how the NBA makes determinations on which issues rise to the level of board comment and which do not. It is a fair question and one that we as a board take very seriously. On April 5, 2011, the NBA adopted a policy related to taking official positions on matters of public interest. The policy specifically allows the board to take official positions relating to “the legal system, the courts, and/or the administration of justice that the Board believes necessary and appropriate to provide public awareness and understanding of these matters.” The policy further indicates that the NBA should “identify those matters and avoid entanglement in or controversy about matters of a predominantly partisan nature.” The policy provides a referral procedure that begins with sending requests to the Executive Director who in turn alerts the NBA Governance Committee. The Governance Committee investigates necessary facts to determine a recommendation on taking a position, using specific guidelines on when an official position is or is not appropriate. The Governance Committee then makes a recommendation to the NBA Board for consideration and action, if appropriate. During my tenure on the board, we have engaged in rigorous debate and discussion on a variety of issues affecting our community and whether or not certain issues met the requirements of the policy for public comment. Every organization must balance effectively advocating for its members and for those issues that are important to its members. With an organization of 2500+ members, that balance can be challenging; but I am proud of the thought and attention to process that our board takes with every issue that comes before it. We are not impervious to change, however, and appreciate any and all feedback from our members on how we can better meet their needs. I also encourage any members with ideas related to issues of the day to write articles for the Nashville Bar Journal, produce and facilitate CLE, and get more involved with the NBA so that we accurately and effectively reflect the concerns of the membership that we serve. We have some exciting things in store for the remainder of the year including moving to a bi-monthly, full-color publication of the Nashville Bar Journal, a complete redesign of our website, and streamlining our systems and operations. We will provide detailed information on all of these changes in our August/September edition of the Nashville Bar Journal. Each member will also soon receive an email to the website changes. Until then, please continue to support the NBA, and continue to provide constructive feedback on how we can serve our membership and the legal community in a meaningful way. n