Michael S. Greco
President, American Bar Association
Clearwater Bar Association Annual Meeting
Harborview Center
Clearwater, Florida
January 12, 2006
Thank you, [Florida State Bar President] Alan [Bookman], for that gracious
introduction.
President Demers, officers, directors and members of the Clearwater Bar
Association, judges, distinguished guests and colleagues thank you for inviting me to
share a few thoughts with you today and to help you celebrate your 75th anniversary. I
am pleased and honored to be the first President of the American Bar Association to
address the Clearwater Bar Association I am only sorry that it took 75 years for an
ABA president to stop by.
I also extend special thanks to President Alan Bookman of the Florida Bar for
inviting me to join him as we discuss here and with area newspaper editorial boards the
importance of civic education on the separation of powers doctrine and the role of the
judiciary in our system of government.
It is clear that the leaders and members of the Clearwater Bar Association are
committed to improving public understanding of the law and the legal system. I
congratulate you on receiving Florida Supreme Court s Local Bar Association
Commendation for pro bono work and public education efforts. I also understand that
the individual attorney and law firm awards were captured by Clearwater lawyers
congratulations on a clean sweep!
The work of the Clearwater Bar to educate and inform the public about the law is
too impressive and extensive to cover fully in brief remarks during this luncheon, but I
would like to acknowledge a few of your most noteworthy efforts many of which have
corollaries at the ABA.
Programs such as the People s Law School are tremendously valuable resources
for the local community similar programs in other cities have helped thousands of
people better understand and appreciate the legal system and cope with legal problems
and needs. Your high school speakers program and Great Debate series is a critical
component of reaching out to young people to educate them about the law and interest
them in legal careers.
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As we work to expand the pipeline of diverse talent into the legal profession,
programs that reach out to young people will become more and more important. The
ABA is continually expanding its educational resources and programs that reach young
people our Dialogue program and Law Day activities, which focus this year on the
separation of powers doctrine, are examples of initiatives that are adapted by bar
associations and educators nationwide.
The Clearwater Bar Association s public education efforts on living wills are also
very timely and important; the ABA experienced a surge of interest in this subject during
the Terri Schiavo case last year, as I am sure you did as well.
And the commitment of the Clearwater Bar and its members to improving legal
services for low-income residents is highly commendable. All lawyers have a great
responsibility and opportunity to promote equal justice and equal access to justice
for all.
One of my primary initiatives this year focuses on how our profession and our
nation can better meet the legal needs of the poor 70 to 80% of which go unmet year
after year. To that end, the ABA Task Force on Access to Civil Justice is working to
expand the effective network of state-based Access to Justice Commissions and is
examining an idea whose time, I believe, has come: a defined right to counsel for lowincome people facing certain serious civil legal problems, such as those that threaten
the integrity of health, family, and shelter.
The Clearwater Bar, the Florida Bar, the ABA, and so many other bar
associations across the country are engaged in a tremendous range of work to improve
the legal profession and the law all of which directly or indirectly benefits the public.
Among this portfolio of work, none is more important than lawyers efforts to
educate the public, particularly on the importance of the separation of powers in our
system of government.
The separation of powers doctrine is not an abstract principle that people should
only learn about in high school civics or government classes. It is as relevant and timely
today as it was at our nation s founding. Just a glance at current headlines highlights
the central importance of the separation of powers doctrine.
The robust debate over the proper roles of each branch of government requires
an informed and engaged citizenry. This discussion must not be confined to
policymakers and commentators.
For instance, questions about the parameters of executive power in the wake of
revelations about domestic spying on Americans have serious ramifications for all
American citizens and non-citizens -- in the United States.
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The debate regarding the proper role of the judiciary also is one that affects all of
us.
While everyone should be engaged on these critical issues, lawyers and judges
have unique contributions to make. We are not only trained to understand, interpret,
apply, and even write laws. We also have a professional obligation, spelled out in the
Model Rules of Professional Conduct for lawyers, to further the public s understanding
of and confidence in the rule of law and the justice system.
As two of our country s Founders, George Washington and James Madison,
rightly called it, our Constitution, and the system of government that it embodies, is
nothing less than a miracle.
But today our miracle is in danger.
Too many Americans are poorly informed about the fundamental principles that
underpin our democratic republic. Regrettably, too many of our citizens now lack a
basic understanding of our Constitution and its basic features.
In a Harris poll commissioned by the ABA this past July, 40% of the respondents
could not correctly identify our three branches of government; 48% did not know what
separation of powers means; and 29% did not know the definition of checks and
balances.
Perhaps most troubling is that 44% did not know the core responsibilities of the
judicial branch.
That is why a major initiative of my term as president of the ABA is focusing on
the need to enhance the civic education of all Americans on the roles and
responsibilities of our three branches of government, with a particular focus on the vital
importance of an independent judiciary.
Last August, I appointed the ABA Commission on Civic Education and the
Separation of Powers to spearhead this initiative. U.S. Supreme Court Justice Sandra
Day O Connor and former U.S. Senator Bill Bradley are serving as honorary Co-Chairs
of the Commission.
I am delighted that the presidents of the National Education Association, the
American Federation of Teachers, and the National Council for the Social Studies are
serving on the ABA Commission. They are joined by distinguished former members of
all three branches of government leaders who are no longer in the political fray and
whose only objective is to promote public understanding of and appreciation for our
system of government. They are a balanced group, and include:
Tom Ridge, former Director of Homeland Security, former Governor of
Pennsylvania, and former member of Congress;
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Abner Mikva, former White House counsel, Chief Judge of the U.S. Court
of Appeals, and member of Congress;
William Sessions, former Director of the FBI and former federal judge;
David Skaggs, former member of Congress and current director of the
Council for Excellence in Government; and,
Richard Riley, former Secretary of Education.
The Commission is examining the current state of civic education concerning the
separation of powers to determine what improvements can be made in educational
policy, teaching techniques, and civics curricula.
Another issue of great concern is the lack of respectful and constructive dialogue
between the three branches of government at both the federal and state levels. When
citizens hear their elected and appointed officials attacking each other, they lose respect
and confidence in our institutions of government.
To be sure, a healthy tension among our three branches of government is
inherent in the genius of the Founders design. But the branches must work together
with mutual respect, as they have done for more than two centuries, for our democracy
to work. When that tension turns into mistrust or outright hostility, as it has in recent
times, our republic is endangered.
These key points the importance of the separation of powers, coupled with the
need for cooperative and respectful dialogue between the branches forms the basis
for the American Bar Association s civic educational efforts this year.
I commend the Florida Bar, under the leadership of Alan Bookman, for its
initiative on civic education, and look forward to continuing to work with Alan, and with
all of you, to improve the public s knowledge of our system of government.
Working together at the local, state and national levels, we can make a real
difference in Americans understanding of and appreciation for our democracy, and help
ensure that, as our Founders fervently hoped, an educated public will fight to protect
their constitutionally-protected rights..
And that would be quite a legacy to leave.
I wish you continued success and congratulate you again on 75 years of
excellence and commitment to justice.
Thank you for your warm welcome and kind attention.
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