Our Bar Journal - Reflections on Its Role as a Forum, a Catalyst, and an Advocate
| Pages | 225 |
| Publication year | 2021 |
79 CBJ 225. OUR BAR JOURNAL - REFLECTIONS ON ITS ROLE AS A FORUM, A CATALYST, AND AN ADVOCATE
Vol. 79, No. 4
December 2005
Over the 80 years of its publication, the Connecticut Bar Journal has been involved in a number of interesting or unusual events. Founded in 1927, the Journal's published credo was to "provide a forum for the free expression of ideas." From its inception, it published scholarly articles on topics of interest to Connecticut practitioners. Since it was the only regular publication of the CBA, it included the minutes of annual meetings of the Bar Association and the formal opinions of the Ethics Committee. For many years, it also published articles by students at the University of Connecticut School of Law.
At least for the last forty years, it has been the only state bar association law review, and it has endeavored to stimulate discussion of ideas and to maintain a high standard of quality in its contents. The Journal has contained editorials in which various editors-in-chief sought to generate dialogue or support with respect to sometimes contentious issues.
This article will focus on some of the more interesting events in the past 40+ years during which the author has been a contributor, Editor-in-Chief, managing editor and topical editor. As might be expected, the most vivid recollections are those in which the author was involved. Sections of some of the Journal articles are reproduced to reflect the role of the Journal in seeking change.
An Act of Censorship
The Journal has been allowed by the Board of Governors to operate freely and independently, even when its contents were controversial. This author is aware of only one instance when the Board of Governors precluded publication of an article by the Journal.
As a part of the Judicial Modernization Symposium issue which will be discussed hereinafter, an attorney employee of the Judicial Department staff wrote a humorous piece relative to the delays and the frustrations of practitioners with the then current procedures and rules. Summarizing his commentary was the proposal that Connecticut return to trial by combat since this would be expeditious, less costly and final. Not surprisingly, he was unwilling to be identified and wished to use a pseudonym.
The Board of Governors objected and established a policy that all articles should bear the true name of their authors.
The Budget Battles
The Journal was its only regular CBA publication and, for many years, the only substantive benefit for bar members (the Association had no full time staff until the 1960's). The Journal was the target of the expense cutters on what were usually 2-4 year cycles. The editor-in-chief was an ex officio member of the governing Board and was in a position to champion its cause. An amendment to the Constitution eliminated the ex officio Board membership, and the editor-in-chief would have to prepare cogent arguments, remind the Board of the role of the Journal and solicit supporters on the Board.
At the same time as he was fighting the battle of the Journal's budget, Victor Gordon, its long term editor-in-chief and senior editor, was publishing editorials urging support for dues increases and contributions to a client security fund.
Some of his editorials were cogent reviews of the value of the Journal to Association members. Some years later, an officer of the Association was again striving to discontinue the Journal at the same time as the Journal was publishing an article which he had written. Membership polls over the years have repeatedly ranked it as one of the most important benefits of Association membership.
Journal Membership By Invitation Only
During his tenure as editor-in-chief, Victor Gordon limited the Editorial Board to those whom he invited after they had written articles in their area of expertise. To remain on the Board of Editors, one had to publish (or vanish). Several presidents thought that all members of the Association requesting appointment should be initially appointed but not reappointed if they failed in their editorial duties. As a result of this policy, the Board expanded in size but the bulk of the work has continued to be performed by a small group.
The Annual Reviews
As a result of discussions with members of the Association, Emanuel Margolis determined that the members would welcome annual reviews of developments in a number of topical areas. These annual reviews are considered by Association members to be highly valuable when they are published in the early part of the year. Steps are being taken to have the March and June issues devoted to these annual reviews and published on time.
Cooperation with Continuing Legal Education
In 1980, several sections decided to conduct a program on "Connecticut Laws and Their Impact on Business Entities."1 The speakers were asked to create manuscripts to appear in the Journal, and the Journal published a symposium issue which was distributed to the attendees at the Symposium and later mailed to the membership. This partnership was repeated ten years later.
Other Symposium Issues
The Connecticut Bar Foundation convened a first conference in 1981 on the Future of the Law, and the Journal published the proceedings.2 Ten years later, a second conference was held and again the Journal published the proceedings.
In 1975 the Journal published a series of articles on the 100th anniversary of the Connecticut Bar Association.3
Bar Association Activism
In the 1960's, concerns on "social" issues produced increasing debate in the Association as to undertaking a greater role in seeking change.
Presidents of the Association appointed committees to consider and propose legislative changes. There was recognition that coalitions would be required to accomplish some changes. Exemplary of that involvement were an ad hoc committee of state agencies and various statewide organizations concerned with the growing use of drugs when the statutes were concerned only with enforcement of the drug laws. This Committee and lawyers belonging to other organizations served as the nuclei for such a coalition which produced the first legislation in the United States to give at least equal attention to prevention, education and rehabilitation. This was followed by a similar ad hoc committee to revise the laws relating to alcoholism.
Until the late 1960's, the full-time staff of the Association numbered less than five, and most of the activity with respect to legislation was at the section and committee level. The positions of the Association on various matters was determined by the Board of Governors acting on recommendations of a small but dedicated Legislation Committee. There was no paid lobbyist and lobbying was done by Association officers and section and committee chairs. Fortunately, the legislature had a sizable contingent of lawyers--as much as 35-40%--and the Legislative Commissioners were attorneys.
The mood of the Bar in 1965 was expressed in an article in the Bar Journal4 in which the author wrote:
Today's Challenge To The Bar
With the growth of big government and big business and the increasing complexity of our society, the voice of the individual (if not the individual himself) has become submerged and must be amplified and augmented by a larger and more effective force. When one looks about a...
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