CritelliLawBarristers and Trial Lawyers Iowa/New York/London
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| CritelliLaw Barristers and Trial Lawyers Iowa/New York/London |
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Sunday, June 26, 2005  Nick Critelli 
posted by bbk |
Sunday, June 26, 2005
President Critelli's Final Report to the Courts and the Public June 17, 2005 To the Honorable Justices and Judges of the Courts of Iowa: The President of the Iowa State Bar Association’s Report to the Courts A learned society, a guild, a general council; what exactly is the The Iowa State Bar Association? One thing it is not... it is not a trade association, for, if it were, it would only serve one constituent, our own members. It is in fact a “law society” with a duty to serve three constituencies: Iowans, Iowa Courts and Iowa Lawyers. This was recently driven home –rather dramatically– when I was preparing the budget for our extensive legislative initiative. Over one half of our entire legislative effort goes to serve the public interest. Innovative and technical amendments to Iowa’s corporate law, uniform commercial code, probate code, etc. serve not the lawyer’s personal gain but the greater public good. In fact with the sole exception of an increase in indigent defense fees, our entire affirmative legislative program was devoted to furthering the public’s interest. One quarter of our initiative goes to further the Court’s interest, be it a salary increase or full funding for the judicial system itself. It is only the remaining quarter where one might see legislation designed to protect the legal prerogative...and effort that is solely defensive, i.e. reacting to other legislation proposed by other interests seeking to change the status quo regarding existing legal rights or legal protection. But a learned society does not limit its activities solely to legislative initiatives. Each year our Sections and Committees devote literally thousands of hours to promoting the interests and legal knowledge of the public, furthering and improving the administration of justice as well as advancing the education and training of our profession. Since the inception of the common law, the bench and bar have flowered from the same root. As we grow it is crucial that we recognize and honor our common ancestry. If we are to remain strong as a profession of justice, we must both value the twin concepts of Independence of the Courts and Independence of the Bar. Courts must remain free from undue political influence from the other branches of the government. Likewise, for the public to have confidence in the justice rendered by our Courts, it must have access to legal representation that is not conflicted by undue influence and pressure by the Courts. For the system to work properly, the courts must not be subservient to the legislature nor the bar subservient to the courts. This year the Independence of the Courts was threatened by an unwarranted electoral attack on a sitting judge. Recognizing the vulnerability of the judiciary, we were able to make the case to the electorate that a judiciary free from the political whims of the day and faithful to the rule of law is an essential ingredient of our Republic. As expected, they understood. However in the same quarter of the State, bench-bar relationships came under scrutiny by a press that does not understand that it is essential that the bench and bar maintain a close collegial relationship. Nothing could be worse for Iowa or our high quality of justice than a monastic judiciary. However collegial relationships are often misunderstood. To ensure the benefits of bench-bar collegiality in a setting above reproach, the Bar continues to sponsor joint bench-bar activities including the semi-annual Bench-Bar Conference. We enjoy a judicial system that is of high quality and free from scandal. It is the envy of many states. However to keep the status quo, it is necessary to provide reasonable compensation and staff support for our judicial officers. Working with court administration and the Judicial Compensation Commission, the Bar formed a Task Force on Judicial Compensation composed of leading business people from across the state. They reported that our judges were entitled to a substantial increase in compensation. While increased compensation was approved by the Senate, it lost its way in the House. But it is by no means dead and it will not be forgotten. Next year the report will act as the foundation for a fresh legislative approach at increased judicial compensation. The tragic events in Georgia made us acutely aware of the necessity for security in our courthouses. Iowans deserve no less. Our Task Force on Courthouse Security, composed of many individuals from all walks of life, is nearing completion of a report and recommendation uniform safety regulations for our courthouses. We worked with the Supreme Court regarding the study of the Iowa Rules of Professional Responsibility and will gladly take the challenge of funding, establishing and maintaining a Standing Committee on Ethics and Practice to issue formal opinions on ethics and guidelines regarding practice of law. All is well in Iowa. But, unfortunately, as I travel and practice around the country, I perceive the winds of change are blowing an ill-wind. There is a developing trend toward what I call ‘poison pen jurisprudence,’ whereby the judicial writer takes literary license to criticize, belittle or otherwise berate counsel. This behavior promotes discord between the bench and the bar and seriously damages the relationship between client and counsel. Worse yet, it undermines the respect that the public has for the court and its officers. Allied with this unfortunate trend is an air of judicial arrogance directed not only at counsel but also client, witnesses and even jurors. It is most usually manifested in matters of time management. The judicial calendar is not sacrosanct but exists to serve the needs of the parties and public. A juror, witness, party or counsel whose personal needs are made to be irrelevant by an arrogant judiciary, results in a citizen who demands the right to over-see the courts through the power of the ballot box...as has been experienced in some of our sister states. We have been spared the stress, acrimony and electoral combat because we are two flowers from the same root. By constantly watering the root and appreciating the bloom, we are assured a successful future. We value your membership and friendship. As I leave office, I do so with the knowledge that J. C. Salvo shares the same commitment to our constituents as do I and that as a result our future is bright. It has been an honor being your President. Nick Critelli, JD 118th President Iowa State Bar Association posted by bbk | Sunday, June 26, 2005 President Critelli's Final Report to the Public June 17, 2005 To the Editors of the newspapers of Iowa The President of the Iowa State Bar Association’s Report to the Public Heard any good lawyer jokes lately? So goes the prelude everyone’s cache of legal comedy. Unfortunately the need for legal services and quality and training of those who render them are no laughing matter. The Iowa Bar is your Bar; we exist to serve you. Now in our 131st year, our mission is to ensure that you have access to high quality legal services at a reasonable price. But, in order to enjoy the full benefits of our great democracy, you must also have a basic understanding of the law and how it works. That too is our responsibility. You should expect no less from your legal profession. As we conclude our Bar year, we owe you a report of our activities. With the adoption of new professional rules of conduct, all Iowa lawyers are mandated to aspire to donate two and a half weeks of legal services, without fee, “to persons of limited means or charitable, religious, civic, community, governmental, and educational organizations in matters that are designed primarily to address the needs of persons of limited means” as well as to provide them with financial support. For those who can afford a lawyer, we have explored ways to lower the costs of legal services. Additionally, your Bar has undertaken a study regarding the feasibility of creating a not-for-profit pre-paid legal service insurance company that would provide coverage for matters of a preventative nature at a low cost. Fear of cost should never deter anyone from obtaining legal advice. We recognize that an ounce of legal prevention is worth a pound of legal cure. A growing segment of our population is Hispanic. In order to more adequately serve them, the Bar has established a Spanish language initiative for Iowa lawyers. Soon legal materials and legal services will be provided in Spanish. We have not forgotten your legal education. The creation of a Peoples Law School will provide you with knowledge in the foundational areas of the law. Courses have been held around the state and will be featured at the Iowa State Fair. We urge you to participate. We have been very involved in youth education. This year over 10,000 lives have been touched by our the Iowa State Bar Association Mock Trial program for middle and high school students. Through the program students learn about the law, lawyers, judges and trials. Now in its twenty-fifth year, we are starting to reap the fruits of our labor. Our prior mock trial students are now jurors, lawyers and even judges. Further, over six hundred seventy five high school seniors participated in the Bar’s American Citizenship program designed to enhance their civic knowledge. But, most importantly, this year Iowa lawyers have donated their time serving on nearly 5,000 different community-based committees such as parish councils, or little league, or parent-teacher or club or association boards providing professional counsel, advice and services the value of which is truly staggering...all without fee. Unfortunately through tragic event Iowans sought the services of the Bar. The unfortunate Terry Shiavo matter caused tens of thousands of you to take advantage of our living will program and obtained these important documents on line from our website or during the Iowa State Fair. The horrible homicide in Georgia made us all acutely aware of the necessity for security in our courthouses. Iowans deserve no less. Responding, the Bar’s Task Force on Courthouse Security, composed both of lawyers and non-lawyers from all walks of life is nearing completion of a report and recommendation on uniform safety regulations for our courthouses. We will be a leader in the nation in this regard. But it does not end there. The law is not static, it grows to meet societal needs. Each year the Bar works with the Iowa Legislature to propose legislation that will further improve Iowa law and protect your rights, whether in the area of agricultural, business, corporate, probate, taxation, or intellectual property as well as a whole variety of other technical areas. With the exception of asking for a $5 per hour raise for indigent defense lawyers, which was rejected, there is no personal gain for lawyers in these matters other than the professional pride that Iowa law is “state of the legal art.” So I ask you: What have you done to help your legal profession? Have you attended the Peoples Law School, participated in Mock Trial, or offered to assist us by serving on Bar committees? Come join us. As I leave my year as President and return to private practice, that is my challenge to you. Together we can make Iowa better place to live. Nick Critelli, JD 118th President Iowa State Bar Association Des Moines, IA posted by bbk | Sunday, June 26, 2005 Thursday, June 16, 2005 Tell me who you run with and I will tell you what you are !
posted by bbk |
Thursday, June 16, 2005
Angela Marie Chiodo, my maternal grandmother, used to say to me, “Nicky tell me who your friends are and I will tell you what [kind of a person] you are.” Grandma Chiodo was an Italian immigrant, as was my mother Maria Concheta. My father was the youngest son of Italian immigrants. I grew up in a large Italian-American family. Needless to say, when you grow up Italian, your extended family and their friends are a large part of your life. As my successor J. C Salvo will verify, Italian sons are expected to properly represent their family at all times. The worst thing an Italian can do is to “embarrass the family.” This year as president of The Iowa State Bar Association I again have felt as though I was a part of a large family. I hope that I have met your expectations, as well as each of you has met mine. This year our Board of Governors, committees, sections and our general membership gave generously of time and resources to further the goals of the ISBA. I wish to share with you a few examples of this year’s memorable moments. In August, lawyers from every part of Iowa came to the State Fair in Des Moines to help staff the ISBA booth and provide useful public information. I know that those volunteering were there for reasons other than the free fair ticket and the “limited edition polo shirt.” The Dubuque County Bar Association welcomed the ISBA Board and officers to their fabulous city, in October. We were surrounded by beautiful scenery, rich history and gracious hospitality. I am sure that everyone who attended the meeting was awe struck by the collegiality of the Dubuque County lawyers and how we were welcomed into their numbers. In the fall and again in the spring, Iowa lawyers gave thousands of hours of their time to coach and judge the junior high, college and high school mock trial tournaments. These lawyers were not compensated for their services, unless you choose to count the joy which they received from positively influencing the public view of the legal profession. We are now admitting to practice lawyers who were first inspired to join the profession as junior high school mock trial students. This is certainly a testament to the quality of lawyers who annually participate in the program. Hundreds of lawyers from across the state came to Des Moines to attend the December Tax School. Drawn together by the commonality of their practices, these lawyers gathered to share knowledge and discuss changes and developments in the law. Come to think of it, the same thing happened at every CLE held in the state this year. So much for the myth that lawyers are greedy, self-serving and think only of their own profit. During the legislative session, I had the pleasure of observing Jim Carney and his excellent staff work unfalteringly as they represented the ISBA. I am proud of the work Jim does for our organization. He is well respected and personifies the attributes and qualities of the ISBA. National news events spurred the ISBA to action. Elizabeth Kennedy stepped up to the plate and agreed to chair a special Task Force on Courtroom Security whose task is to provide quality, uniform security procedures in our courtrooms. Almost at the same time we had to call upon our Health Law Section to take action in the area of Living Wills. Section Chair Sally Reavely made ISBA history by holding a teleconference seminar with little more than 48 hours notice. Over 250 Iowa lawyers participated. She then immediately did the same for the press and media. I could fill this entire volume of The Iowa Lawyer with anecdotal examples of the quality of the work and effort of ISBA during my term as president. Suffice to say that in all of my travels, I have never found a better bar association than the ISBA. I owe a special debt of gratitude to three very important people whose contributions have been discrete and unnoticed. They prove the truth of the proposition that a good leader is the sum of those who support him or her... and I had the best: my wife Lylea Critelli, my son Tre Critelli and my loyal secretary for the past 33 years Mary Jo Gamble. I wish J.C. Salvo the best as he begins his term as president. The ISBA is in good hands and J.C. will find himself surrounded by good quality people. I think that Angela Marie would be proud of me for surrounding myself with my fellow ISBA professionals. I am proud to have been called upon to represent you. I am more proud that I have the privilege of calling all of you my friends. Arrivederci |
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