Steady in the Storm: ABA leaders steer a course to protect democracy and the association
Mary Smith was the first Native American woman to be ABA president. (Photo by Mitch Higgins/ABA Media Relations)
“These are extraordinary times,” Mary Smith told the House of Delegates at the 2024 ABA Annual Meeting in Chicago in her final address as president. “Last year, I told you to run toward the storm. Well, my friends, we are in the storm. The importance of the role of lawyers has never been clearer.”
During her address to the House, Smith repeatedly noted threats to American democracy, including robocalls discouraging the public from voting; the Jan. 6 Capitol attack; continued discrimination against minorities; challenges to diversity, equity and inclusion initiatives; and July’s attempted assassination of former President Donald Trump.
At this critical crossroads, Smith said, the ABA’s dedication to DEI needs to be fair and unyielding. The concept that diversity is a strength has been a long-held belief, but it’s a concept that’s under attack, she warned. The association has stood as a pillar of justice, but it will need to continually evolve to meet the needs of an ever-changing society, she said.
“There are sustained threats to our democracy,” Smith said.
Smith, the vice chair of the VENG Group, was the first Native American woman to hold the role of ABA president.
During her term, she established the ABA Task Force for American Democracy. At the meeting, the association held the first ABA Democracy Summit to discuss the task force’s work and roles lawyers can play in election protection.
But there is more work to be done. During this defining moment for the country—just months from the presidential election—the ABA has a special duty to defend justice and the freedom of the press, she said.
“We cannot let our voices be silenced,” Smith said. “We cannot let our very democracy be politicized.”
Smith began her term as ABA president in August 2023 and finished at the close of the annual meeting, when ABA President Bill Bay began his tenure. But before she stepped down, she gave a final warning about the future of the ABA and the United States.
“Let’s use our defining moment to vote … to stand up for the judiciary … to protect freedom of the press,” Smith said. “We cannot let bar associations be silenced.”
ABA President Bill Smith. (Photo by Mitch Higgins/ABA Media Relations)Standing together
As the delegates were meeting in Chicago, the Summer Olympics were taking place in Paris.
In a speech after taking his oath of office, Bay recalled the iconic story of Derek Redmond, an English runner who was a medal favorite in the 1992 Barcelona Olympics. Redmond tore his hamstring halfway through the 400-meter semifinal and stumbled, but he stood back up and began hopping forward on one leg. His father pushed his way onto the track to support his injured son, and they walked together toward the finish line.
Bay compared this gesture to the emotional support that he’s received from his friends and colleagues at the ABA since the death of his wife, Angie, in November 2023. Their three children and several of their grandchildren were in the audience to witness the passing of the gavel from Smith to Bay.
But in a larger way, this attitude also has to be replicated by the ABA, Bay explained.
“Individually, we have shortcomings and weaknesses,” he said. “But we are strongest when we stand together, when we lift each other up, when we put aside the differences which the world tells us should divide us.”
Smith led the association to focus on democracy, artificial intelligence and creating a strategic plan for the future. There’s more work ahead in the coming year, Bay told the House.
“We must face a new set of challenges that require a different approach,” he said. “There will be new structures, new processes and new leaders.”
Bay says the ABA has to focus on member engagement and member experience and simplify processes for new members.
“Sometimes it feels like you need a decoder ring to understand our organization,” Bay said as delegates chuckled. “Or if you’re like me, a Star Wars guy, we need our favorite droid, R2-D2, to plug in and interpret the imperial network. We can do better.”
To continue their work, Bay said, the sections, divisions and forums within the ABA have to work as one force—which is why member engagement is so important.
Bay is a partner with Thompson Coburn in St. Louis. He plans to primarily focus on democracy, AI innovation, judicial independence and diversity during his term.
ABA President-elect Michelle Behnke. (Photo by Mitch Higgins/ABA Media Relations)Safeguarding independence
The end of the annual meeting also marked the start of Michelle Behnke’s term as ABA president-elect. Behnke, a former treasurer of the association and member of the Board of Governors, is a senior counsel at Boardman Clark in Madison, Wisconsin, and has been heavily involved in the development of the ABA’s new strategic plan.
To continue advancing and maximizing its potential, the ABA needs to implement strategies outlined in the recently adopted plan, she told the House.
It must be implemented by a blend of individual members, entities and professional staff led by ABA Executive Director Alpha Brady—and it needs to be crafted with the goal of preparing for the future of the profession, which includes the future of AI and issues of poverty, immigration, and diversity and inclusion.
The ABA will also need to recruit and connect with more lawyers, Behnke said, which will require better telling the ABA’s story and explaining how the organization can empower attorneys across the country.
“Now more than ever, we must work collectively, and welcome more lawyers and deliver on their wants and their needs,” Behnke said.
Behnke, who will succeed Bay after the 2025 ABA Annual Meeting, will be the ABA president in July 2026, when the United States celebrates the 250th anniversary of the Declaration of Independence.
It will be a time for celebration and fireworks but, more importantly, a moment to “redouble our commitment to the rule of law, equal justice and an independent judiciary that safeguards our independence and our freedoms,” Behnke said. The ABA should do its part by teaching and reminding members of the public about their constitutional rights, she said.
“We as lawyers are often best when we teach, and this anniversary celebration will give us plenty of opportunities to teach about our democracy and what the rule of law really means,” Behnke said.
This story was originally published in the October/November 2024 issue of the ABA Journal under the headline: “Steady in the Storm: Leaders steer a course to protect democracy and the association.”
