Los Angeles County Bar Association Public Statements Policy
Adopted on March 23, 2022
The Los Angeles County Bar Association (LACBA) was founded in 1878 and is one of the largest voluntary metropolitan bar associations in the United States, with more than 18,000 members. LACBA serves attorneys, judges, and other legal professionals through 28 sections, committees, networking events, live and on-demand CLE programs, and pro bono opportunities, as well as public service and informational resources. LACBA’s membership contributes their time, talent, and experience to improve the legal profession and the judicial system.
From time to time, LACBA may issue public statements on matters important to LACBA’s mission and commitment to its members, to the legal profession, and to our legal system. Those matters include, but are not limited to, matters concerning:
• Issues affecting the administration of justice and the rule of law;
• Equal justice under the law;
• Civil rights and civil liberties;
• Access to the courts and to legal services;
• Support for our courts and for our legal institutions;
• Support for our members and for our affiliate and affinity bar organizations;
• Matters affecting the legal profession and the practice of law in Los Angeles County, in California, and in the United States;
• Issues of great import to LACBA’s members; and
• Diversity in the legal profession and in the judiciary.
This Policy is adopted to provide Guidelines and Procedures for the formulation and promulgation of public statements issued by LACBA on behalf of the Association.
A. Guidelines for Review of Request for Public Statement
In determining whether the request for public statement (“Proposed Statement”) should be issued, the following factors may be considered:
• Whether the issue is relevant to and supportive of LACBA’s core purpose and mission;
• The reasons why the requestor or initiator believes LACBA should issue a public statement on the issue;
• Relevant background information and materials on the issue, including whether other persons or organizations have commented, and sample statements issued by similar organizations;
• Whether the Proposed Statement serves a valuable public information purpose;
• Whether the Proposed Statement can be stated in a politically neutral way that educates on the issue;
• Whether an immediate statement is necessary and warranted;
• Whether the Proposed Statement would be timely, or whether enough time has passed that the issue can and should be addressed via other mechanisms;
• Whether another entity is in a better position to address the issue and/or the issue has already been adequately addressed by another entity;
• Whether addressing the issue may have a potential negative impact on LACBA, or be divisive to LACBA membership;
• Whether addressing the issue may have a potential positive or negative impact on LACBA’s standing or relationship with other organizations or entities; and
• Any other fact or consideration that may be relevant to the determination of whether it is appropriate to issue the Proposed Statement.
B. Process for Review of Request for Public Statement
1. Initial Review of Public Statement Request. All requests for public statement shall be directed to the President, President-Elect, and Executive Director/CEO, who will review the request to determine whether it is appropriate for public comment. Public statement requests may also be initiated sua sponte by the President, President-Elect, Executive Director/CEO, or by any member of the Board of Trustees (“Board”).
a. The President, President-Elect, and Executive Director/CEO, applying the Guidelines in Section A above, will review the request for public statement and determine in the first instance whether the Proposed Statement shall be forwarded to the Executive Committee for review.
b. If two of these three individuals agree that the Proposed Statement is appropriate under the Guidelines in Section A, the Proposed Statement shall be forwarded to the Executive Committee for review.
2. Executive Committee Review and Approval of Public Statement Request. The Executive Committee shall determine whether the Proposed Statement shall be issued. The request for public statement (which may be sua sponte), together
with any draft of the Proposed Statement, and relevant materials and information (e.g., statements issued by other organizations), will be circulated via e-mail to the Executive Committee.
a. Within 24 hours of receipt via email of the draft Proposed Statement and relevant materials, the members of the Executive Committee shall review the Proposed Statement and Guidelines, and determine whether LACBA shall issue the public statement, and what the wording of the statement shall be.
b. Each member of the Executive Committee shall respond via e-email to the request for approval within 24 hours. If no response is received, that shall be considered approval of the Proposed Statement.
c. If necessary, a phone or videoconference may be convened to discuss the Statement. Any member of the Executive Committee may propose alternate wording or a draft statement that incorporates relevant points raised during deliberation, for consideration by the Executive Committee.
d. If a majority of the Executive Committee determines that these Guidelines support issuing the Proposed Statement, LACBA is authorized to issue the statement.
e. Should the Executive Committee determine that a public statement should not be issued, the President or the President’s designee shall notify the requestor.
3. Board Review. Should a majority of the voting members of the Executive Committee believe that the Board should be consulted on the Proposed Statement, the Proposed Statement and relevant materials may be forwarded by email to the Board for review.
a. Within 48 hours of receipt via email of the draft Proposed Statement and relevant materials, the members of the Board shall review the statement and determine, by majority vote, whether the Proposed Statement shall be issued.
b. Each member of the Board shall respond via e-email to the request for approval within 48 hours. If no response is received from a Board member within 48 hours, that shall be considered approval of the Proposed Statement.
c. If necessary, a phone or videoconference may be convened to discuss the Statement. Any member of the Board may propose alternate wording or a draft statement that incorporates relevant points raised during deliberation, for consideration by the Board.
d. If the Proposed Statement is forwarded to the Board, and is approved by a majority of voting members of the Board, LACBA is authorized to issue the statement.
e. Should the Board determine that a public statement should not be issued, the President or the President’s designee shall notify the requestor.
