THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK Statement of Position on Multidisciplinary Practice Report on Judicial Conduct New York City as a Major Institutional Litigant ALSO Orison S. Marden Memorial Lecture E. NORMAN VEASEY Proposed “Class Action Fairness Act” S E P T E M B E R / O C T O B E R 1 9 9 9 ◆ V O L. 5 4, N O. 5 september/october 1999 565 vol. 54, No. 5 THE RECORD September/october 1999 vol. 54, No. 5 Contents OF NOTE 567 ORISON S. MARDEN MEMORIAL LECTURE: 571 OUR INSTITUTIONAL RESOLVE TO REFORM THE ETHICS AND PROFESSIONALISM OF THE BAR—WHOM ARE WE PROTECTING? THE LAWYER? THE CLIENT? THE PUBLIC? by Hon. E. Norman Veasey STATEMENT OF POSITION ON MULTIDISCIPLINARY PRACTICE 585 by the Executive Committee REPORT OF THE AD HOC COMMITTEE ON JUDICIAL CONDUCT 598 by the Ad Hoc Committee on Judicial Conduct THE PROPOSED “CLASS ACTION FAIRNESS ACT” 637 by the Committee on Federal Courts THE CITY OF NEW YORK AS A MAJOR INSTITUTIONAL LITIGANT: 645 A FOLLOW-UP ON THE PRICE WATERHOUSE STUDY by the Council on Judicial Administration A PROPOSAL TO EXPAND THE USE OF THE COMPULSORY 670 ARBITRATION PROGRAM IN THE CIVIL COURT OF THE CITY OF NEW YORK by the Committee on the Civil Court NEW MEMBERS 681 POLITICAL ASYLUM IN THE UNITED STATES: 688 A SELECTIVE BIBLIOGRAPHY by Ronald I. Mirvis THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK is published six times a year , January-February, March-April, May-June, July- August, September-October, and November-December, by The Association of the Bar of the City of New York, 42 West 44th Street, New York, NY 10036-6689. Available by subscription for $60 per volume. For information call (212) 382- 6695. Periodicals postage paid at New York, NY and additional mailing offices. Postmaster: Send address changes to THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK, 42 West 44th Street, New York, NY 10036-6689. THE RECORD is printed on paper which meets the specifications of American National Standard ANSI Z39.49-1984, Permanence of Paper for Printed Library Materials. Copyright © 1999 The Association of the Bar of the City of New York. All rights reserved. T H E R E C O R D 566 EDITORIAL BOARD MICHAEL A. COOPER CAROL SHERMAN President Chair, Executive Committee BARBARA BERGER OPOTOWSKY ALAN ROTHSTEIN Executive Director General Counsel MARK WOLKENFELD Editor HOW TO REACH THE ASSOCIATION MAIN PHONE NUMBER: CONTINUING LEGAL EDUCATION (212) 382-6600 Joyce Adolfsen (212) 382-6619 WORLD WIDE WEB ADDRESS: [email protected] http://www.abcny.org LAWYER ASSISTANCE PROGRAM PRESIDENT Eileen Travis Michael A. Cooper (212) 382-5787 (212) 382-6700 [email protected] [email protected] LAWYERS IN TRANSITION PROGRAM EXECUTIVE DIRECTOR Martha Harris Barbara Berger Opotowsky (212) 382-6607 (212) 382-6620 [email protected] [email protected] LEGAL REFERRAL SERVICE GENERAL COUNSEL Allen J. Charne Alan Rothstein (212) 626-7373 (212) 382-6623 [email protected] [email protected] LEGISLATIVE AFFAIRS ADVERTISING Denice M. Linnette (212) 382-6752 (212) 382-6655 ASSOCIATION MEMBERSHIP [email protected] Melissa Halili LIBRARY (212) 382-6767 Richard Tuske [email protected] (212) 382-6742 CITY BAR FUND [email protected] Maria Imperial Copy Services: (212) 382-6711 (212) 382-6678 Reference Desk: (212) 382-6666 [email protected] COMMITTEE MEMBERSHIP MEETING SERVICES Stephanie Rook Nick Marricco (212) 382-6664 (212) 382-6637 [email protected] [email protected] COMMUNICATIONS MEMBER BENEFITS Mark Lutin Robin Gorsline (212) 382-6713 (212) 382-6689 [email protected] [email protected] S E P T E M B E R / O C T O B E R 1 9 9 9 ◆ V O L. 5 4, N O. 5 567 Of Note ❊ IN AUGUST, THE ASSOCIATION URGED THE NEW YORK CITY CHARTER Revision Commission to step back from its current schedule for placing proposals on the ballot this November and instead commence a much longer process focused on public participation and maintaining a bal- ance of power. The Commission was appointed in late June by Mayor Rudolph Guiliani. In testimony presented by the Committee on New York City Affairs, the Association maintained that “a process initiated, staffed by, and exclusively reflective of the executive branch may well be likely to produce proposals that attempt to shift the existing balance of power away from the legislature.” Specifically, the Association is concerned about the balance of power between the Mayor and the City Council. In addressing the Commission’s preliminary recommendations, the testimony focused on attempts to weaken the Council’s budget and land use powers. According to the testimony, “the budget proposals...do not improve upon the strong fiscal controls imposed upon the City by the State under the Fiscal Emergency Act.” Rather, “they...reduce the ability of the City Council to act as an inde- pendent force in the adoption and administration of the City’s budget.” In addition, “the land use proposals...eliminate public participation through the City Council in areas where local concerns have been particularly heightened.” The Association also expressed serious concerns with the makeup of the Commission and called for all Commission activities to be conducted in an open and public manner. ❊ IN JULY, OVER 300 WOMEN ATTENDED “WHAT IT’S (REALLY) LIKE TO Practice Law in NYC as a Woman,” held at the Association. The program, co-sponsored by the Committee on Women in the Profession, (Susan Kohlmann, Chair) and the Committee on Law Student Perspectives (Jen- nifer Mone, Chair), and held in conjunction with the New York Women’s Bar Association’s Committee to Advance Women in the Profession, fea- T H E R E C O R D 568 O F N O T E tured a panel of women attorneys from diverse practice areas who dis- cussed their careers and offered practical advice to women law students contemplating a legal career in New York City. ❊ IN AUGUST, THE ASSOCIATION HOSTED A RECEPTION FOR THE 53 PAR- ticipating students in the 1999 Thurgood Marshall Summer Law Intern- ship Program. Association President Michael A. Cooper made welcoming remarks, and Alfreida B. Kenny addressed the students, encouraging them to “dream” and to pursue higher education and careers. The program provides paying summer jobs for students—all of whom have shown an interest in the law—in a variety of legal environments such as law firms, corporate law departments and law schools. The program is sponsored by the Thurgood Marshall Summer law Internship Program, (Vaughn Buf- falo, Chair). ❊ THE ASSOCIATION’S COMMITTEE ON LEGAL ISSUES AFFECTING PEOPLE with disabilities has published the second edition of The Rights of People with Disabilities. The comprehensive guide contains pertinent informa- tion for individuals with disabilities regarding their legal rights under federal, New York State and New York City law, and how to enforce those rights. “The first edition was such an overwhelmingly successful and use- ful publication, that we felt compelled to update the information and re- issue it,” said Committee Chair Kleo J. King. “We are working with vari- ous organizations and advocacy groups to get the publication into the hands of those that need it most.” Copies can be obtained for $10 from the Association by calling 212- 382-6658 or through the Association’s website: www.abcny.org. S E P T E M B E R / O C T O B E R 1 9 9 9 ◆ V O L. 5 4, N O. 5 569 Recent Committee Reports Alternative Dispute Resolution A Selective Bibliography of the Alternative Dispute Resolution Collection of the Asso- ciation Letter Supporting Legislation to Create Managed Care Ombudsprogram Antitrust and Trade Regulation Letter Regarding Modifications to Hart-Scott-Rodino Merger Review Process Banking Law Report Re: S.3553, an Act to Amend the Banking Law, in Relation to the Establish- ment and Operation of Community Development and Low Income Credit Unions Report Re: S.3554, an Act to Amend the Banking Law, in Relation to the Voluntary and Involuntary Liquidation of Investment Companies and Other Banking Organizations Report Re: S.3555, an Act to Amend the Banking Law to Remove Certain Prohibitions Against the Investment of Proprietary Funds by Savings Banks and Savings and Loan Associations Bankruptcy and Corporate Reorganization Report on S.4218/A.6641, an Act to Amend Section 489 of the Judiciary Law, in Relation to the Purchase, Assignment or Other Transfer of Claims for Valuable Consideration Children and the Law Letter Re: Uniform Child Custody Jurisdiction and Enforcement Act (S.4138-A) Civil Court A Proposal to Expand the Use of the Compulsory Arbitration Program in the Civil Court of the City of New York Letter to Recommend that the Monetary Jurisdictional Limit of the Small Claims Part of the Civil Court Be Increased from $3,000 to $5,000 Consumer Affairs Report on an Act to Amend the General Business Law, In Relation to extending the time for Termination of Membership in a Private Club Corrections Letter to Governor in Support of the Restoration of Funds for the Continuance of Prisoner’s Legal Services of New York in the State Budget Letter on Senate Bill 5823 Regarding Prisoner Litigation Reform Education and the Law Letter Regarding S.5112/A.8655 on State Building Aid Securitization for New York City School Facilities Energy Report on Legislative and NRC Rule Change to Facilitate the Transfer of Nuclear Power Plants T H E R E C O R D 570 R E C E N T C O M M I T T E E R E P O R T S Environmental Law Proposal by The Association of the Bar to Require the Use of Recycled Paper for All Court Filings Letter to ABA Regarding the Proposed Brownfields Resolution Executive Statement of Position on Multidisciplinary Practice Federal Courts Testimony on the Interstate Class Action Jurisdiction Act of 1999 Future of CUNY Amicus Brief, Gomes, Ma, A! & Cooper v.