Making membership work

By James O. Heiting
President, State Bar of California

Heiting

I really like being a lawyer, I like being a litigator and I like seeing my old friends who are lawyers, judges and members of the staff at the courthouse. Frankly, though, I avoid going to see them much of the time. Why? Mainly because I so dislike standing in line outside the (Riverside) courthouse, emptying my pockets and being “wanded” because my suspenders set off the magnetometer, putting everything back into my pockets and finally being permitted to enter a public building where I am considered and recognized as “an officer of the legal system, . . . having special responsibility for the quality of justice.” (Revised Rules of Professional Conduct 0.1(1)).

As an attorney licensed to practice law in this state, I have taken an oath to uphold the Constitution and have an obligation to promote justice and effective operation of the judicial system. As an officer of the court, I take issue with the idea that attorneys do not enjoy the privilege and respect of entering a courthouse without standing in long lines with the public, going through the magnetometer and having their briefcases and boxes of trial materials searched.

I’ve done a little research and have found several jurisdictions in other states that permit security passes for attorneys, allowing them to enter courthouses without having to pass through magnetometers.

At the beginning of my term as president, I urged the Judicial Council to develop a program to allow attorneys to have better and easier access to and entry into the courts. As a result, the council asked its “Working Group on Court Security” to review the matter with representatives of the State Bar, the superior courts, California Sheriffs Association and the Administrative Office of the Courts. 

At the first formal meeting in August, it was disclosed that a survey was conducted, demonstrating that seven of 29 reporting courts allow attorneys to bypass screening altogether, while the other courts screen them “like the public.” In addition, I found that New York and Connecticut provide “fast passes” to all attorneys who request a special photo identification card, in effect applying for the privilege. “Attorney Registration Secure Pass ID cards” are available to all New York attorneys, permitting the holders to enter state courthouses without having to pass through magnetometers, while maintaining what they claim to be the “highest level of security for the facility.” Applicants must appear in person to apply for the card, pay a $25 processing fee and undergo a process that includes an electronic criminal history search. Processing time is six to eight weeks. Successful applicants must pick up the card, which includes enhanced security features, in person. The cards are valid for approximately two years and must then be renewed. They are available in any New York state courthouse. 

The San Bernardino County Bar Association provides that membership, with photo ID card, permits entry into the courthouses in the county, bypassing the magnetometers, x-ray machines and searches. The system has been in effect since 2002, as has the New York method, and former county bar President Wilfred Schneider reports no negative incidents. In fact, membership in the bar association has increased dramatically (imagine that!).

While I understand the reluctance of some law enforcement leaders to permit what they may see as a relaxation of security measures, our attorneys are sworn officers of the court. I would like to see a “fast pass” or “secure pass” system implemented throughout the state as soon as possible. We can certainly follow the example of New York State and Connecticut. Security checks and activation of security cards should be fairly modest in cost (I, for one, would gladly pay) and deactivation in appropriate cases would be a simple matter.

When we consider this, we always need to look at each other and realize that each day we are defining “an officer of the court” by the way we conduct ourselves. Civility, honesty and integrity, with respect for each other, are the guiding principles of any true officer of the court.

As officers of the court, let’s go out and do some good.