Bias CLE 599 to 1
Friday, March 26, 2004
POINT BY POINT RESPONSE IN ROTHENBERG CASE (Part 6)
The Court says:
(page 13) Rothenberg’s other arguments, that the elimination of bias requirement was designed on an ideological basis or that the Board has approved courses on an ideological basis, also lack any support. Rothenberg has presented no evidence that the elimination of bias requirement was designed on an ideological basis or that the Board has approved courses on an ideological basis.
My amicus brief says:
Two days after September 11, 2001, the CLE Board heard complaints about a previously-held Bias CLE seminar entitled “Bias in the Legal Profession: What Bias?” App. at A-80. The sponsors of the seminar were not invited to nor informed of the meeting. Id. at A-16. In response to the complaints, the CLE Board sought a legal opinion on whether it could revoke Bias CLE credits and passed a resolution aimed at preventing similar courses in the future. Id. at A-81. Even if Respondent were to rescind the September 13, 2001 resolution, the viewpoint discrimination has limited the ideological choices available during a significant portion of Appellant’s reporting period. Moreover, the rule is unconstitutionally vague and grants unfettered discretion to the CLE Board.
My amicus brief appendix says (quoting others):
“We had planned to offer the elimination of bias seminar entitled “Bias in the Legal Profession: What Bias?” in June of 2003. However, delays in its approval led us to opt for an alternative elimination of bias seminar…We thought that this alternative seminar would more readily gain CLE board approval. This wasn’t the first time we experienced board delays in approval of the nearly identical course. On a previous occasion, we had significant enough delays that we had to reschedule the course date.”
“One of the many issues addressed by the Independent Women’s Forum (IWF) is the implementation of Title IX of the Education Amendments of 1972, and its effects on college sports. I have considered and discussed a possible IWF/Federalist event on Title IX that would be accredited for Elimination of Bias CLE. The rules of the Board of CLE as written and as applied make such an Elimination of Bias seminar impractical. There is no way to determine what ideology is permissible without expending nearly all the resources of presenting a course. It is my impression that The Federalist Society’s Elimination of Bias programs are subject to a unique scrutiny. This unique treatment makes the timing and planning of such a course on Title IX, and other controversial issues, impractical.”
“It is my understanding that even the well-attended, in-state course “What Bias?” seminar faces and continues to face opposition as an approved Bias CLE course. I have reviewed CLE Board meeting minutes which recommend rescinding credit for the course to asking that the course not be approved in the future. The requirements for approval of courses meeting the “elimination of bias” criteria are vague.”
