CLE by the Sea Ethics Program

The Rule of Law: Global to Local Perspectives

– The challenges, ethical issues and duties of the legal profession
with distinguished guest speaker: Lieutenant General Flora D. Darpino

Why is it important to have a strong and independent legal profession safeguard and defend the principles of the Rule of Law? This program will discuss concepts and core principles of the Rule of Law and independence of the judiciary. The faculty will cover issues on corruption and the rule of law, human rights law and the rule of law, the rule of law and economic development, and legal challenges during times of war and peace. Discussion will include: ethical issues and rules in a variety of practice environments, the impact of new leadership and administrations, responsibility and duties of lawyers to support and promote law within jurisdictions, and equitable administration of and access to justice.

Proposed Agenda:
Welcome/Acknowledgements to attendees at CLE by the Sea & Introduction of General Darpino

General Darpino (One Hour)

  • Role of Rule of Law in civil society and the ethical responsibility of lawyers to promote and protect it
  • Role of Rule of Law in wartime environment (experience in Iraq and Afghanistan)
    • Ethical responsibilities of and challenges faced by military lawyers in environment
    • Ethical responsibilities of and challenges faced by civilian lawyers/judges host nation and occupied societies
  • Ethical challenges faced by public lawyers and judges in dealing with political pressures
    • Water-boarding controversy
    • Guantanamo Detention Facility
  • Implications for international and domestic legal practice

Judges & Professor Discussion (One Hour)

Ethical challenges lawyers and judges face (Possibly share examples, perspectives, thoughts on judge's experiences) in promoting and protecting the Rule of Law • Trends and observations

Panel Discussion (One Hour)

  • In today's environment is it realistic and/or fair to continue to require as a matter of professional conduct that lawyers promote and protect the Rule of Law?
  • And if so, are there universally accepted principles that make up the Rule of Law?
  • Are lawyers and judges sufficiently trained and educated to understand and fulfill their ethical responsibilities vis-à-vis the Rule of Law.
  • There are international conventions governing the conduct of diplomats and warriors, are there such conventions regarding the conduct of lawyers and judges? And if not, should there be?
  • State Bars and State Supreme Courts currently establish ethical standards of conduct for lawyers, including those associated with a lawyer's role in supporting the administration of justice, which arguably includes advancing the Rule of Law. Is this structure adequate given the increased globalization of the practice of law?
  • Questions from participants

This program track may qualify for up to 3.0 hours MCLE/Ethics.

Lieutenant General Flora D. Darpino

FLORA DARPINO serves as the 39th Judge Advocate General of the U.S. Army and is the first woman to hold that position since the first Judge Advocate General was appointed by George Washington in 1775. She received a Bachelor of Arts degree from Gettysburg College in Pennsylvania, a Juris Doctor from Rutgers University in New Jersey, and a Master of Laws degree in Military Law from The Judge Advocate General's School. Her military education includes the Senior Service College Fellowship (Department of Justice), the Army Command and General Staff College, the Judge Advocate Officer Graduate Course, Combined Arms and Services Staff School, and the Judge Advocate Officer Basic Course.

On 3 September 2013, she was promoted to the rank of Lieutenant General and began serving as the U.S. Army's senior military attorney. In that capacity, she leads over 10,000 legal professionals in the Judge Advocate General's Corps at over 100 active and reserve Army legal offices across the U.S. and overseas. Lieutenant General Darpino has served with distinction in a variety of operational and staff assignments to include two tours to the combat theater of Iraq. She has also commanded the Judge Advocate General's Legal Center and School, which is the only ABA accredited military law school with an LLM program.

Throughout her career, Lieutenant General Darpino has focused on mentorship and professional development. She now leads a Corps that takes pride in the character, competence, and commitment of its members.

Lieutenant General Darpino has been recognized for her professional leadership by numerous organizations, including the American Bar Association's Margaret Brent Lawyers of Achievement Award, 2015.


 

Additional Distinguished Program Faculty:

Chief Justice Scott Bales, Arizona Supreme Court
Chief Justice Scott Bales joined the Arizona Supreme Court in 2005 and became Chief Justice in 2014. Before joining the Court, he had practiced law in Arizona for 20 years as both a public and private lawyer. His strategic agenda, Advancing Justice Together: Courts and Communities, focuses on promoting access to justice and civil and criminal justice reforms.

Judge Peter B. Swann, Arizona Court of Appeals
Judge Peter Swann was appointed to the Arizona Court of Appeals in 2008. From 2003-08 he was a judge of the Maricopa County Superior Court. From 2006-08, he served as Associate Civil Presiding Judge and helped develop the court's electronic filing system. Judge Swann received his law degree from Univ. of Maryland Law School, where he graduated first in his class in 1991. He teaches lawyers, judges, law students and high school teachers on a wide variety of legal topics.

Judge Randall Warner, Civil Presiding Judge, Superior Court in Maricopa County
Randall H. Warner has been a judge of the Superior Court of Arizona in Maricopa County since 2007. He is currently the Civil Presiding Judge in Maricopa County and has a complex civil calendar. He chairs the Court's Commercial Court Practices and Procedures Committee, and is a member of the Supreme Court's Committee on Superior Court and the State Bar's Civil Practice and Procedures Committee.

Professor Daniel Rothenberg, Arizona State University
Daniel Rothenberg is Professor of Practice, School of Politics and Global Studies and co-Director of the Center on the Future of War at ASU and a Senior Fellow at New America. Previously, he was the founding executive director of the Center for Law and Global Affairs at the Sandra Day O’Connor College of Law, Managing Director of International Projects at the International Human Rights Law Institute at DePaul University College of Law, and Senior Fellow at the Orville H. Schell, Jr. Center for International Human Rights at Yale Law School.

Rothenberg has designed and managed rule of law and human rights projects in Afghanistan, Iraq, Central Africa and throughout Latin America. His books include With These  Hands, Memory of Silence: The Guatemalan  Truth Commission Report (Palgrave), and Drone Wars: Transforming Conflict, Law, and Policy.

John Phelps, CEO/Director, State Bar of Arizona (Moderator)
John currently serves as CEO and Director of the State Bar of Arizona. Before his position with the State Bar, John served as Chief of Staff of the U.S. General Services Administration (GSA) in Washington, D.C., Chief Oper-ating Officer of the Grand Canyon Chapter of the American Red Cross in Phoenix, and Deputy Director of the Arizona Office of Homeland Security. John served nearly 25 years in the U.S. Army, retiring from active duty in 2003 as a Colonel in the Judge Advocate General's Corps.





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