Advocacy Priorities (FBA Issues Agenda)

Federal Judgeships and Caseloads

The Federal Bar Association supports the authorization and establishment of additional permanent and temporary federal judgeships, including bankruptcy judgeships, along with support personnel, as proposed by the Judicial Conference of the United States, when rising caseloads in the federal courts threaten the prompt delivery of justice.  The Federal Bar Association also supports efforts to educate Congress, the legal profession and the general public about how the overwhelming case loads threaten the ability of the Third Branch of the federal government to function.

Article I Immigration Court

The Federal Bar Association supports the transfer of responsibilities for the adjudication of immigration claims from the Executive Office of Immigration Review within the Department of Justice to a specialized Article I court, as established by Congress, for the adjudication of claims under the Immigration and Naturalization Act.

Funding for the Federal Courts

The Federal Bar Association supports adequate funding for the general and continuing operations of the federal courts, including an equitable level of rent and facilities expense consistent with actual costs, budgetary constraints, staffing needs and security considerations, to permit the courts to fulfill their constitutional and statutory responsibilities.

Judicial Security

The Federal Bar Association supports the adoption of adequate security measures to protect the Federal Judiciary, their families and court personnel in and outside the courthouse, while preserving meaningful public access to judicial proceedings.

Foundation of the Federal Bar Association Charter Amendments

The Federal Bar Association supports the passage of the Federal Bar Association Charter Amendments Act of 2021 (H.R. 2679), which will give the Foundation flexibility in governance and operations and allow the Foundation to expand its work of serving the legal community and the general public through grants and scholarships.

Public Policy Core Principles

Independence of the Federal Judiciary

The Federal Bar Association reaffirms the importance of the independence of the judiciary, recognizing that judicial decisions are not immune from scrutiny, but are to be made solely on the basis of the law.

Federal Judicial Vacancies

The Federal Bar Association calls upon the President and Congress to act promptly and responsibly in nominating and confirming nominees to the federal appellate and district courts. The Federal Bar Association supports the development of strategies to reduce the time required to fill federal judicial vacancies.

Federal Judicial Pay

The Federal Bar Association support equitable compensation and regular periodic adjustments for the Federal Judiciary, as well as senior officials of the Executive Branch and Members of Congress, to promote the recruitment and retention of the highest quality public servants.

Respect for the Federal Courts

Declining public confidence in our courts undermines public respect for the courts and the legitimacy of their rulings.  To counter that influence, the Federal Bar Association supports programming and other efforts to educate the public about the federal courts and the role they serve in assuring a just society.

Professionalism and Stature of Federal Attorneys

The Federal Bar Association supports and promotes efforts to improve the professionalism and stature of attorneys employed by the federal government, including: enhancements to the compensation packages of federal attorneys, including pay and retirement benefits, to assist in recruitment and retention; the expansion, consistent with applicable conflict of interest laws, of policies encouraging full participation of attorneys employed by the federal government in professional organizations and pro bono legal activities, including approval for use of administrative leave; enhanced federal funding for participation in continuing legal education and training programs, including paid tuition and administrative leave; and the establishment of programs for student loan deferral and repayment assistance for all federal attorneys, including federal law clerks, federal defenders and judge advocates of the Armed Forces, in support of recruitment and retention efforts.

Federal Criminal Sentencing

The Federal Bar Association supports efforts to advance fairness and consistency in federal sentencing, while preserving judicial independence and discretion to deal with the particular circumstances of individual cases.

Police Data Sharing, Misconduct Registry and Body Camera Technology

The Federal Bar Association supports legislation and regulations that address racially‐motivated police misconduct and promote police accountability, public safety, and transparency with increased federal funding for (i) data sharing among police agencies, including the creation of police misconduct registries and (ii) the use of police body camera technology by law enforcement to enhance the availability of evidence in criminal, police, and civil rights investigations.  

Federal Court Electronic Records and PACER Reform

The Federal Bar Association is committed to public access to our federal courts and the use of information technology to make court records as freely available as possible, without unduly shifting the financial burden upon the courts and those seeking access to justice.

Public Policy Position Statements

Attorney Fee-Based Representation of Veterans

The Federal Bar Association supports proposals to expand the availability of fee-based representation of veterans in the disability claims process and to oppose any efforts to repeal the authority of attorney representation to veterans in the furtherance of such claims.

Authority of Bankruptcy Judges in “Core Proceedings”

The Federal Bar Association supports amendment of bankruptcy law to expressly allow bankruptcy judges to issue proposed findings of fact and conclusions of law in core proceedings in which they are otherwise barred from entering final judgments under Article III of the United States Constitution.

Cameras in the Courts

The Federal Bar Association encourages a discussion of the competing considerations vis-a-vis proposed legislation which would authorize federal judges, in their discretion, to permit photographing, electronic recording, broadcasting, and televising of federal court proceedings in appropriate circumstances.

Civics Education

The Federal Bar Association supports the Civics Secures Democracy Act to further civics education and protect the health of our constitutional democracy.

Commission on Nazi-Confiscated Art Claims

The Federal Bar Association supports the Congressional creation of a commission to address identification and ownership issues related to Nazi-confiscated artworks, pursuant to the Washington Conference Principles on Nazi-Confiscated Art, as signed by the United States and the international community.

Continuing Legal Education Funding for the Federal Judiciary

The Federal Bar Association supports the expansion of and enhancement of Federal funding for continuing legal education and training programs for the Federal Judiciary.

Courthouse Construction

The Federal Bar Association supports the full funding of courthouse construction proposed by the Judicial Conference of the United States.

Criminal Justice Act Panel Attorney Compensation

The Federal Bar Association supports Congressional funding to permit an increase in compensation rates for Criminal Justice Act panel attorneys.

Division of the Ninth Circuit Court of Appeals

The Federal Bar Association opposes the division of the Ninth Circuit Court of Appeals, consistent with its capacity to effectively and efficiently render justice.

Expansion of Federal Jurisdiction Over State and Local-Prosecuted Crimes

The Federal Bar Association advocates strict scrutiny of legislation proposing to grant original jurisdiction to federal authorities over crimes traditionally reserved to state and local prosecution.

Frivolous Litigation

The Federal Bar Association opposes legislative proposals to eliminate judicial discretion in the imposition of sanctions for frivolous litigation, including proposals to revise Rule 11 of the Federal Rules of Civil Procedure by imposing mandatory sanctions and preventing a party from withdrawing challenged pleadings on a voluntary basis within a reasonable time.

Military Spouse Attorney Mobility 

The Federal Bar Association supports state-level legal licensing accommodations, including bar admission without additional examination, for attorneys who are spouses of service members, i.e., members of the uniformed services of the United States as defined in 10 USC §101(a)(5), when: (1) those “military spouse attorneys” are present in a particular state, commonwealth, or territory of the United States or District of Columbia due to their service members’ military assignment; (2) they are graduates of accredited law schools; and (3) they are licensed attorneys in good standing in the bar of another state, commonwealth, or territory of the United States or District of Columbia.

National Security and Civil Liberties

The Federal Bar Association encourages the discussion of the competing considerations in the nation’s war against terror between the protection of civil liberties and the interests of national security.

Patent Litigation Reform

The Federal Bar Association supports legislation that curbs abusive patent litigation practices and other responsible measures to improve the quality and clarity of patents. The FBA opposes legislation that reduces judicial discretion in adjudicating patent actions or circumvents the Rules Enabling Act by mandating changes that depart from the Federal Rules of Civil Procedure in patent cases.

Prevention of Epidemics and Civil Liberties

The Federal Bar Association encourages a discussion of the competing considerations between governmental restrictions to guard against epidemics and pandemics and the preservation of individual rights, as well as the use of technology to ensure the continuance of participatory governance.

Safety of Administrative Judges 

The Federal Bar Association supports the efforts by the Social Security Administration and the Executive Office of Immigration Review to take appropriate steps to ensure the security of their administrative law judges and immigration judges, and all others who participate in its proceedings.

Social Security Disability Appeals Backlog

The Federal Bar Association supports adequate funding and resources for the Social Security Administration to remove the significant backlog of disability benefit appeals awaiting adjudication and to assure the fair and timely administration of justice for all appellants.

Representative Fee in Social Security Disability Insurance and Supplemental Security Income Claims

The Federal Bar Association urges the Social Security Administration to update the maximum fee that a claimant’s representative can be paid using a fee agreement in Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims.

Vacancies on the U.S. Merit Systems Protection Board 

The Federal Bar Association calls upon the President and the Senate to act promptly and responsibly in nominating and confirming nominees to the U.S. Merit Systems Protection Board in a manner sufficient to assure the presence of a quorum.

Veteran Disability Claims Adjudication

The Federal Bar Association supports legislative and administrative improvements to the veterans disability claims process in the Department of Defense and Department of Veterans Affairs to assure equitable and expeditious determinations.

 

Approved by the Board of Directors
Federal Bar Association
Updated April 28, 2022