CHICAGO HOSTS MID-YEAR MEETING
A gentle breeze off Lake Michigan made for a gorgeous weekend as the Association’s Board of Governors and other members gathered in Chicago, Illinois for the sixth Mid-Year meeting held on September 9, 1995. The stately John Marshall Law School in the heart of Chicago’s famous Loop hosted the event. The attendees had a busy schedule of meetings, dinner conferences and lectures, all chaired by Professor Ann Lousin.
COMMITTEE REPORTS
The business meeting began with reports from each committee. Association treasurer Vicken I. Simonian reported on the financial status of the Association and distributed a list of the current membership. Mr. Simonian was followed by the Association’s Executive Director, Vahe Messerlian. Messerlian reviewed the numerous significant tasks that he has had to tackle in his first semester as the first Executive Director of the Association. This work has included a complete revision of the Association’s thousand-name mailing list, the preparation of the much-anticipated second edition of the Association’s membership directory, which should be available at the Annual Meeting in 1996, and efforts to obtain additional funding for the Association’s activities.
Mr. Messerlian also discussed the work that he and Association members Tom Samuelian and Tamar Hajian performed concerning an election law polling project in Armenia which was made possible by a grant from the Eurasia Fund. Utilizing a poll designed by Yale and Harvard election law experts, an appointed team conducted a random sample of 250 people from each of the five regions in Armenia regarding conformance with election law policies and procedures. The results of the project will be published in Russian, English and Armenian, according to Messerlian.
With regard to Pro Bono Committee activities, the participants discussed a community educational project for the Los Angeles area. The attendees agreed that there was a need to schedule free lectures and media publications.
Sarah Leah Whitson reported that the Armenia Programs Committee has prepared EC grant documents and worked with Edig Mamigonian and Hovannes Asrian in Armenia, the Carter Center and the National Democratic Institute, in order to put together an election mission in Armenia. The Armenia Programs Committee also reported about letters written to President Levon Ter-Petrossian and Armenia’s Ambassador to the United States Roupen Shugarian, concerning the banning of a leading opposition political party, the physical abuse of lawyers, including a member of the Armenian Bar Association, who represent clients in controversial cases, and of a letter concerning the apparent unlawful entry of soldiers into the Yerevan offices of the Armenian Missionary Association of America. Members may obtain copies of these letters by contacting Executive Director Vahe Messerlian. Tamar Hajian also reported about her fact finding mission regarding the Dro trials in Armenia.
The Membership Committee report concerned the potential for integrating Armenian-American legal associations in states such as Michigan and Pennsylvania with the Armenian Bar Association.
Canada was well represented at the meeting, led by the Association’s Canadian liaison Robert Adourian, and members Harry Dickranian, Ara Arzoumanian and Kirk Appel. Adourian described his efforts to increase Canadian membership in the Association, including a well-attended reception held at his home in Toronto. The Canadian contingent is also planning a lecture for the Toronto area.
Following a delicious luncheon, the business meeting concluded with a fascinating slide and lecture presentation by Dan Maljanian, a Board of Governor member and President of Technical Assistance for the Republic of Armenia. Maljanian discussed the successes of a judicial conference held in Armenia in July. (Please see related article, page 4).
SAVE THESE DATES
Have those little town blues got you down? Had enough of the 60 hour work week? Don’t despair! The Armenian Bar Association has just the cure. The Association is holding its Seventh Annual Meeting, amidst the excitement and glamour of New York City at the Eastside Marriott on March 22-24, 1996.
The Association’s Annual Meeting committee is busy putting together an action-packed weekend, including a prime mid-town Manhattan location, well known and informative speakers, worthwhile meetings, and elegant receptions.
Details will follow in the form of direct mailings and other announcements in the next issue of the Association Newsletter. Mark your calendars now!
PRO BONO COMMITTEE NEWS
The Pro Bono Committee, under chairperson Anahid Gharakhanian’s leadership, continues its focus on family law and domestic violence issues. In May, the Committee held a well-attended panel discussion on domestic violence. Since that meeting, many Armenian Bar Association member volunteers have come forward to offer pro bono assistance to victims of domestic violence. ABA members Anahid Geronian and Lena Almasi have volunteered at the Burbank Superior Court’s domestic violence clinic. At the clinic, they have assisted Armenian-speaking victims to obtain restraining orders against their abusers. Other volunteers are in the process of translating literature on domestic violence social and legal issues.
Moreover, the Committee has established ties with several legal and social organizations in the Los Angeles area serving as a resource for legal assistance to Armenian speakers on domestic violence and family law issues.
In the field of immigration law, Association member Alice Yardum-Hunter has recently undertaken the pro bono representation of an Armenian woman in an immigration matter, who is also being represented on a pro-bono basis by another ABA member on family law matters. Association member Peter Hosharian is representing a couple seeking asylum on a pro bono basis. Hosharian is a sole practitioner in Glendale, California.
Anyone interested in participating in the valuable work of the Pro Bono Committee should contact the chairperson, Anahid Gharakhanian, at Chadbourne & Parke, LLP in Los Angeles, at (213) 892-1000.
JUSTICE ARABIAN RESIGNS
Will Work for Armenia
Editor’s Note: On November 13, 1995, Justice Armand Arabian announced his resignation from the California Supreme Court, effective next February. From the Armenian Bar Association’s formative years to the present, Justice Arabian has been our ambassador-at-large. He is a leader who leads not by words, but by deed.
Always at the forefront of Association activities, Arabian mentors Armenian law students, keynotes our Annual Meetings, lectures to our members and the Armenian community, and participates in many panel discussions. Ranked high among his contributions to the Armenian legal community are his frequent working visits to Armenia and Kharabakh to assist in the legal reform process. Justice Arabian continues to inspire as he renews his commitment of his time and talents to the development of the Rule of Law in the Republic of Armenia.
The following article is reprinted from the Los Angeles Times.
Justice Armand Arabian, describing his “torturous” decision to resign next year from the state Supreme Court, said Monday that he will become a private arbitrator and devote his free time to helping the fledgling nation of Armenia develop a sound justice system.
Stocky and bespectacled, with a shaved head, Arabian is one of the court’s more approachable justices. He speaks with emotion, often of his Armenian heritage, and rarely tries to disguise his feelings. On Monday he said he loved serving on the court but wants to do something new after being a judge for 24 years.
“I think I’d like to wake up one morning and smell a different rose,” he said.
In a nearly hour-long news conference, the conservative justice said his most profound disappointment on the high court came as the legislature vented its anger on the California judiciary after he and his colleagues ruled in favor of a ballot measure that imposed term limits on lawmakers.
He also appeared angry at the way some legal scholars have portrayed him. While praising him for some of the court’s most readable opinions – Arabian uses colorful language and literary allusions in his writing – scholars also criticized him for being bombastic and arrogant on occasion.
Arabian, whose Armenian grandfather and uncle were killed in a Turkish massacre early this century, said he wants to help Armenia rebuild its legal system now that it is no longer under the Soviet Union. He said he hopes either to work on behalf of legal education in the Republic of Armenia or to teach there. He called Armenia “the new Israel.”
The Supreme Court’s only justice of minority heritage is Joyce Kennard, who is partly of Asian descent. Justice Kathryn Mickle Wardegar, Wilson’s last appointment to the court, is the only other woman on the seven-person court.
Before selecting Wardegar, Wilson also considered Court of Appeal Justices Ming Chin, Patricia Bamattre-Manoukian and Reuben Ortega, all of whom probably will be reviewed again for the upcoming vacancies.
Arabian, appointed in 1990 by former Gov. George Deukmejian, has been one of the court’s most prolific justices. Addressing reporters, he proudly noted that he had written about 16 majority decisions a year. “That is not easy to do,” he said.
He said he would most like to be remembered as a jurist for his work on behalf of rape victims. As a Los Angeles Superior Court judge, Arabian broke ground by refusing to tell a jury in a rape trial to consider the victim’s testimony with caution. The instruction of caution, standard at the time, later was struck down by the state high court.
Arabian, 60, will step down Feb. 29, making his tenure on the court six years. Although that is relatively short for a justice, Arabian pointed out that other justices in recent years have served even fewer years.
“There comes a time when someone else should dip their oars into the waters of their community, and I think that time has now arrived,” he said.
He noted that his son is preparing to marry and move out of the family’s San Fernando Valley home, and his daughter, an attorney, has already left home. The justice said he does not want to leave his wife of 33 years alone while he works in San Francisco during the week.
Although some scholars lament that the California Supreme Court is no longer one of the nation’s most distinguished high courts, and criticize it for affirming death sentences at one of the highest rates in the nation, Arabian defended the court’s reputation.
“We are not a third-rate court,” Arabian said “We are first-rate.”
He noted that the U.S. Supreme Court on Monday let stand a death penalty ruling Arabian wrote in the Trailside Killer case that a prominent legal expert called the worst ruling in recent state high court history.
Nevertheless, he said, some decisions continue to haunt him, including a ruling that said condominium associations have the right to ban pets from units. Arabian, the self-described owner of “two beautiful cats,” dissented in the ruling and expressed hopes the Legislature will change the law.
“They are the joy of my life,” he said of his cats. “When I leave here and go back down south, there are two little cats waiting for me, and I love them.”
On the state Legislature, Arabian said legislators seemed to grow hostile toward the judiciary after the high court’s 1991 decision upholding Proposition 140, the term-limit measure. He noted that former Speaker Willie Brown even backed a proposal, later discarded, to move the court headquarters from San Francisco to Sacramento.
“I am talking about the breakdown in basic civility and respect,” he said, expressing hope that relations will warm as new legislators and justices come in.
Lucas, in a prepared statement, praised Arabian for his “dedication, energy and enthusiasm.”
“He has demonstrated a keen involvement in oral argument and has written a substantial number of significant opinions that have contributed greatly to the jurisprudence of this state.” the chief justice said.
Justice Ronald M. George said he will miss Arabian’s commonsense approach, his productivity on the court, his wit, and the camaraderie that he brought to the court.
After retiring, Arabian said, he will open an office in the San Fernando Valley and offer arbitration, mediation and alternative dispute resolution services.
“I have always considered myself as coming from the streets, “the justice said, “I have always been a people’s judge in my heart.”
UNPRECEDENTED JUDICIAL CONFERENCE IN YEREVAN
by Daniel Maljanian, Esq.
It is not every day that a U.S. Supreme Court Justice and an Armenian Supreme Court Justice have the opportunity to meet with each other and compare judicial notes in the United States, let alone meeting in Armenia. But Justice Antonin Scalia recently met with Armenian Justices Tariel Parseghian and Alvina Gyulumian in both countries. Justice Scalia led a delegation of six judges, five attorneys and two lay participants to Yerevan this summer to participate in the 1995 Armenian Judicial Conference, the first of its kind for Armenian judges. Organized by Technical Assistance for the Republic of Armenia (TARA), the conference took place on July 18-20,1995, at the American University of Armenia.
Founded as a non-profit organization in November of 1993 by Daniel Maljanian and Nancy Najarian, TARA provides technical assistance to Armenia’s public and private sectors. TARA has offices in Yerevan and in Washington, D.C. and has set up an Entrepreneurial Center in Yerevan through which Armenian businesses receive assistance to develop business plans and to apply for loans and grants. TARA also conducts projects in Armenia for which western professional consultation and advice are important. TARA recruits U.S. professionals who have the necessary skills, prepares a scope of work, and covers the expenses of the project, including transporting the volunteers to Armenia. Thus, the judicial conference falls under the term “technical assistance,” because TARA brought U.S. judges to Armenia who volunteered their time to consult and work with judges in Armenia.
TARA approached Chief Justice Tariel Parseghian of the Armenian Supreme Court in November of 1994 with the idea of holding a judicial conference in Yerevan, and he was very supportive, authorizing TARA to extend invitations on his behalf. TARA then sent out a few key invitations. U.S. Supreme Court Justice Antonin Scalia, California Justices Armand Arabian and Marvin Baxter, and federal Judge Dickran Tevrizian accepted Justice Parseghian’s invitation.
TARA, as leader of a consortium which included the Armenian Bar Association and Advocates International, applied for grant funding to a number of sources. TARA received word that USAID, through the Rule of Law Consortium, wanted to fund the conference as a kick-off to future judicial training programs in Armenia. Long months of preparation work by TARA’s staff in Armenia and the U.S. followed.
On July 15, Maljanian escorted the delegation from Amsterdam to Yerevan. The delegation included six U.S. judges: Justices Scalia, Arabian and Baxter and Judges Paul Michel (Court of Appeal, Federal Circuit), Eric Bruggink (U.S. Court of Federal Claims), and Dickran Tevrizian (U.S. District Court). Additional conference participants included attorneys Sam Ericsson, Peter Kezirian, Karen Lord, Carmen Bullard, Professor Mark Movsesian of Hofstra University Law School, and Professors Bob Sharlet and Herman Schwartz of the Rule of Law Consortium. Harriet Lewis and Ms. Najarian met the delegation in Armenia.
The conference activities began with an evening reception for the Armenian judges at the Hotel Armenia, hosted by the U.S. delegation. The next morning, the participants arrived at the American University of Armenia and registered for the conference.
Each of the three days of the conference proceeded in a similar fashion, starting with a keynote address. The first day, Justice Arabian spoke on the rule of law and introduced the subject by discussing judicial independence and impartiality. Adding to the discussion were justice Alvina Gyulumian representing the Armenian Supreme Court and Marat Katvalian, chairman of a district court, representing the Ministry of Justice. The conference facilities were equipped with simultaneous translation so that each participant could hear the message in his own language.
The second day Justice Scalia spoke on the U.S. Constitution, the purpose of constitutions in general and the importance of setting up a sound governing structure. Justice Parseghian then discussed the Armenian Constitution, which had just been ratified about a week before the conference. On the third day, Justice Baxter spoke on the separation of powers, followed by two Armenian speakers, Justice Mher Khachaturian and Judge Slavik Sargisian, a district judge who often participates in Supreme Court plenums.
After a short break, moot court sessions were held, which the U.S. participants had previously scripted to demonstrate key points of judicial conduct in U.S. courts. Recusal of judges, opening arguments, decorum, a judge’s control of the courtroom, and various motions were among the points that were presented in an entertaining way, in order to demonstrate how U.S. judges handle their courtrooms and deal with practical and ethical issues. The narrator, Judge Michel, interrupted the action from time to time to explain in more detail why the judge and attorneys took certain actions. In addition, several witnesses were questioned and cross-examined, including Justice Scalia acting as a business expert.
Following a luncheon, the U.S. judges and participants split into panels of three and presented teaching modules on the subjects of commercial law, judicial ethics, court administration, the value of clerkships, and constitutional law and individual rights. These modules provided time at the end for questions and answers and were very well received by the Armenian judges.
Following the modules, the U.S. participants each led small group discussions with the Armenian judges. Eight groups were formed, and in each group two U.S. participants were paired with about ten Armenian judges. These groups gave the Armenian judges the opportunity to follow up on questions that had been raised during the day, and gave the U.S. participants the opportunity to ask the judges what difficulties they face as judges in Armenia. Discussions were held on subjects varying from political parties, judicial selection, churches and the courts, to judicial enforcement, courtroom security, and judicial salaries. On the final day of the conference, the U.S. participants and the Armenian judges who had spoken gathered together at the front of the auditorium to form a large panel, and held a group question and answer session.
As the last event of the conference, a closing ceremony was held in which each Armenian judge received a certificate of participation in the conference, an English/Armenian legal dictionary, and a judge’s gavel. This ceremony was a special moment for both the Armenian judges and the U.S. participants because by then, many of the participants had started to build a rapport with one another, and the Armenian judges received recognition for their years of service.
Attendance at the conference was excellent. Of 130 Armenian judges invited, 100 attended, along with numerous government officials, law professors, interested Armenians and foreigners, including the press. Interviews by newspapers and television and radio stations were a daily routine during the conference, and curiosity levels throughout Yerevan were high. Over the course of the three days, attendance rose each day, averaging 150 per day and ending at around 170 on the closing day. The cooperation, accommodations, and services, provided by the American University’s Provost, Michael Kouchakdjian, and his staff were also outstanding, and every effort was made to allow the conference to run smoothly.
A closing banquet was held for the U.S. participants and the leaders within the Armenian judiciary. The next evening, the Armenian judges spontaneously invited the U.S. participants for dinner and further discussions and farewells. On the last day of the visit, the U.S. judges were invited to meet with the President of Armenia, Levon Ter-Petrossian.
The 1995 Armenian Judicial Conference and the week spent in Armenia were a success and have created a useful dialogue between U.S. judges and Armenian judges.
CALIFORNIA JUSTICES SPEAK TO ARMENIAN LAW STUDENTS
Justice Armand Arabian and Justice Marvin R. Baxter of the California Supreme Court discussed the developing legal system in newly-independent Armenia with students, faculty and alumni at Southwestern University School of Law. The program, held on October 11, was sponsored by Southwestern’s chapter of the Armenian Law Students Association.
Justices Arabian and Baxter traveled to Armenia this summer for a judicial conference sponsored by Technical Assistance for the Republic of Armenia and the Armenian Bar Association. Also attending the conference were such notable jurists as Justice Antonin Scalia of the United States Supreme Court and Judge Dickran Tevrizian of the United States District Court, Central District of California, who is also a member of the Southwestern Board of Trustees.
Justices Arabian and Baxter told audience members that leaders of the Armenian legal community are trying hard to let go of the Soviet structure and start fresh. Part of the process of starting over is to examine the American legal system. Highlighting the differences between the two systems, the justices related the story of a member of the Armenian Supreme Court who asked Justice Scalia what he does when he receives a phone call from a high-ranking government official telling him what decision to make on a case. Justice Scalia responded by saying that in all his years as a judge, he had never encountered that situation. If he had, however, he said that the phone call would have been a short one and that the official would not have been high-ranking for very long. This type of corruption is precisely what Armenia hopes to eliminate through major reforms in the justice system, Arabian and Baxter said.
Conference participants in Armenia were also able to meet with President Levon Ter-Petrossian who, according to Justices Arabian and Baxter, showed enthusiasm about the conference and expressed his desire for improvements in the judicial system. Both Justices Arabian and Baxter urged everyone to visit Armenia if they have the opportunity. If nothing else, a visitor can observe first-hand the developing nation that Justice Arabian described as “the new Israel.”
Southwestern’s Armenian Law Students Association consists of 28 law students who work on various projects and events. In addition to organizing the lecture with Justices Arabian and Baxter, the Association has provided academic and emotional support to first-year law students and in March, 1995, it arranged a meeting between a delegation of top-level attorneys from Armenia and a group of Southwestern administrators, professors, and students to discuss legal education in Armenia.
AIMS AND STRUCTURE
The Armenian Bar Association is a non-profit, non-partisan organization formed in 1989 to enable attorneys of Armenian heritage and other interested individuals to better serve the law, the legal profession, and the Armenian community.
The Association provides pro bono services and legal education in Armenian communities across the country and sponsors programs to promote democracy and the rule of law in the new Republic of Armenia.
Coming together socially and professionally, members from around the world have the opportunity to learn from one another as they join their different backgrounds and experiences in Association activities.
The Association is a democratic organization. It is supported and directed by its members, who approve its By-Laws, elect its Board of Governors, nominate prominent jurists as honorary members, and set the Association’s annual goals and policies.
The Armenian Bar Association is committed to serving the profession of law, addressing the legal concerns of the Armenian community and fostering respect for human and civil rights.
ACTIVITIES AND BENEFITS
Some of the Association’s operations include:
· Continuing Legal Education, Seminars & Professional Workshops
· Pro Bono Program
· Rule of Law Projects in Armenia
· Armenian Rights Watch
· Annual National Meeting
· Association Newsletter
· Membership Directory
· Amicus Curiae Submissions on Issues of Community Interest
· Worldwide Network of Attorneys
· Topical and Regional Practice Groups
· Cooperation with other bar associations and lawyers’ societies