President’s Message: It’s Been a Privilege

This is my last column as the outgoing president of the FBA. And what a journey this year has been! I began my term in October 2021 with a vision of what I wanted to accomplish during my presidential year. Immediately, however, I found myself needing to pivot to where the association needed me most—on Capitol Hill. I met with members of Congress to advocate on issues that are important to our federal courts and practitioners and to cement the FBA as the go-to resource for nonpartisan input on matters that impact the federal judiciary and federal practice.

The FBA has been the voice of the federal bar and bench since 1920. This year, we were particularly vocal on Capitol Hill on the topics of judicial independence, judicial security, and the need for immigration court reform.

Judicial independence is the cornerstone of democracy. As the FBA previously noted in February 2020,

Judicial Independence, free from external pressure or political intimidation, lies at the foundation of our constitutional democracy. An independent judiciary must be free of undue influence from the executive and legislative branches and must remain committed to the preservation of the rule of law … when criticism of the judges’ rulings crosses the line into personal attacks or intimidation, public respect for our system of justice is undermined ….¹

For an independent judiciary to exist, our judges must be able to perform their duties without intimidation, attacks, or fear for their personal safety or the safety of their families. Judicial security is a growing concern in the United States, with the number of threats against federal judges skyrocketing. According to the U.S. Marshals Service, 4,511 threats and inappropriate communications toward federal judges were reported in 2021. Four federal judges have been killed since 1979. More recently, in July 2020, a gunman ambushed U.S. District Court Judge Esther Salas’ family in their home in New Jersey and killed her son and wounded her husband. A few months ago, in June 2022, authorities arrested an armed man outside Supreme Court Justice Brett Kavanaugh’s home who had plotted to kill him. It is imperative that we do all that we can to protect federal judges and their families so that they may continue to do their jobs without fear for themselves or their families. For that reason, the FBA has been vocal in its support of the Daniel Anderl Judicial Security and Privacy Act (H.R. 4436). The bill, introduced in the aftermath of Judge Salas’ family tragedy and is named after her son, aims to protect federal judges and their families by making it easier for them to get personally identifiable information off the internet (including a judge’s home addresses, phone numbers, and photos of their homes and cars).

In addition to our vocal advocacy around judicial independence and judicial security, I’m also proud of the lead role the FBA has taken on the topic of immigration court reform. The FBA worked for years drafting model legislation in support of independent Article I immigration court (similar to the tax court) and advocating for this legislation. Elizabeth (Betty) Stevens, Judge Mimi Tsankov, Jeff Hennemuth, and countless others in the FBA worked on this effort over the years, including testifying before a congressional subcommittee. The FBA’s work resulted in Rep. Zoe Lofgren, D-Calif., introducing H.R. 6577, The Real Courts, Rule of Law Act of 2022, in February 2022, which would establish an independent Article I immigration court. While there is still much work to do be done, the bill was a big step toward facilitating a long-lasting solution to separate the politics of immigration enforcement from the needs of immigration adjudication.

Besides meeting with various members of Congress, a highlight for me this past year has been connecting with FBA members across the country. Thank you for your support and for all that you are doing individually to advance democracy and support the rule of law. It’s been a privilege to serve you.

Endnotes

¹See February 2020 FBA Statement on Attacks on the Judiciary (https://www.fedbar.org/government-relations/fba-statements-letters-and-testimony/statement-on-attacks-on-the-judiciary/) and February 2017 FBA Statement on Judicial Independence (https://www.fedbar.org/government-relations/fba-statements-letters-and-testimony/statement-of-the-fba-board-of-directors-on-judicial-independence-february-2017/).

About the Author

Anh Le Kremer is the current President of the FBA and former business litigator at Stinson, LLP. She is currently the chief operating officer and general counsel for Nystrom & Associates, a behavioral health organization headquartered in Minnesota.

About the FBA

Founded in 1920, the Federal Bar Association is dedicated to the advancement of the science of jurisprudence and to promoting the welfare, interests, education, and professional development of all attorneys involved in federal law. Our more than 16,000 members run the gamut of federal practice: attorneys practicing in small to large legal firms, attorneys in corporations and federal agencies, and members of the judiciary. The FBA is the catalyst for communication between the bar and the bench, as well as the private and public sectors. Visit us at fedbar.org to learn more.