In response to my post yesterday on the Florida supreme court’s order prohibiting diversity quotas for Continuing Legal Education programs, Josh Blackman has called to my attention that the American Bar Association also has a formal policy that requires the use of diversity quotas for the composition of its CLE panels:
The ABA expects all CLE programs sponsored or co-sponsored by the ABA to meet the aspirations of Goal III by having the faculty include members of diverse groups as defined by Goal III (race, ethnicity, gender, sexual orientation, gender identity, and disability). This policy applies to individual CLE programs whose faculty consists of three or more panel participants, including the moderator. Individual programs with faculty of three or four panel participants, including the moderator, will require at least 1 diverse member; individual programs with faculty of five to eight panel participants, including the moderator, will require at least 2 diverse members; and individual programs with faculty of nine or more panel participants, including the moderator, will require at least 3 diverse members. The ABA will not sponsor, co-sponsor, or seek CLE accreditation for any program failing to comply with this policy unless an exception or appeal is granted.
The Florida supreme court’s order applies to the Florida Bar’s approval of any sponsor of a proposed CLE course. So unless I’m missing something, the order prohibits the Florida Bar from approving CLE courses offered by the ABA.
In order to implement the Florida supreme court’s order faithfully, the Florida Bar officials who are responsible for approving proposed CLE courses should require sponsors to submit any policies or practices they have on panel composition.