President's Page by Carolyn Steffl

How Executive Orders are Affecting the BCBA

In a whirlwind of activity, President Trump signed 45 executive orders in January. Some people have gone on a news diet, as a coping mechanism. Others are scrambling to read, understand and respond to the new orders. For now, let’s lean in and look at a few impacts on our local bar and the support that we plan to provide to our members.

Executive Order Names Local Bar Associations

I was absolutely floored that, of all the problems facing the nation, bar associations would be near the top of the list for the new administration, but that seems to be the case. The day after inauguration, the President signed a DEI-focused executive order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO 14173), which specifically calls out bar associations as an investigatory focus. The Order provocatively states that influential institutions of American Society have “adopted and actively use dangerous, demeaning, and immoral race- and sex-based preferences under the guise of so-called ‘diversity, equity, and inclusion’ (DEI)” that may violate civil-rights laws and have the effect of undermining “the traditional American values of hard work, excellence, and individual achievement in favor of an unlawful, corrosive, and pernicious identity-based spoils system. ”The Order directs state agencies to investigate certain corporations and organizations, specifically mentioning state and local bar and medical associations.

It has never been my experience that DEI programs demean races or genders, but rather achieve the goals promoted by the Executive Order by creating an even playing field to allow people the opportunity to succeed through merit and hard work. It was just four years ago, in 2021, when the Colorado Supreme Court implemented a requirement that attorneys complete two credits of training in Equity Diversity and Inclusion (EDI) every three years.Regulation 103.1, on the accreditation of CLEs, defines EDI as “an activity or portion of an activity that addresses equal access to the legal system; competent representation of diverse populations; or the recognition, mitigation, or elimination of bias in the legal profession or the legal system.” In Colorado, the very definition of EDI training is to provide equal access without bias, in order to minimize discrimination and allow for merit-based advancement. The double-speak of the Executive Order labels programs enacted to minimize discrimination as discriminatory. Down is the new up, is it any wonder people are confused?

During my 5-year tenure on the Board of the BCBA, we have striven to reduce discrimination in legal and judiciary venues and to support all members of our bar association. One method was to expand our Board of Directors from 9 members to up to 12, to make room for more voices at the table. I strongly believe that diversity makes our bar association and community stronger – diversity of opinions, places of residence, practice areas, race, ethnicity, gender, gender identify, sexual-orientation, ability, religion, age, backgrounds and skills. All members will continue to have a place in our bar association.

Keeping up with the Changes

With so many new executive orders coming out, some of which are unclear or may be legally challenged or enjoined, it is hard to keep up with them all. Still, many affect our clients: family law and immigration law clients, clients receiving federal grants or contracts, corporations with DEI policies, schools, medical providers and insurance companies, just to name a few. We’re planning to prepare a series of webinars to address specific executive orders and their legal impact, building on our library of FREE CLEs available to all members. Please reach out to Laura Ruth, Kyle Mares, or any Director if you have suggestions for needed CLEs or suggested speakers.

Supporting our Non-profit Partners

We are already busy planning for the Justice For All Ball, which will have some re-vamps this year to keep it current and to make sure that we maximize the money raised for Legal Aid of Colorado. Stay tuned for some exciting announcements about this year’s event. For now, please save the date for April 5, 2025. Please encourage your firms to generously sponsor the event and donate your time and talent (and vacation homes) to the silent auction, as we expect the demand for legal aid will be greater than ever. Let’s rise to that challenge and make this a record fundraising year.

Supporting Each Other

The last two weeks have been darn hard for many people in our community, myself included, who feel personally impacted by certain orders. You are NOT alone. I am finding comfort in my community, and I encourage you to do the same.

On January 22nd, I attended a Unity Town Hall, put on by the diversity bars of Colorado to discuss upcoming legal challenges and ways to work together. It was wonderful to bring together lawyers from many backgrounds to share knowledge, support and encouragement. You could reach out to the diversity bars to connect into that network of attorneys. On the flip side, I attended the BCBA bowling event at the CU, and enjoyed the time not talking about politics, just enjoying each other’s company.

Come out to one of our upcoming events – for yourself and to support of others in the legal community. Here are some feel-good events coming up (& see the BCBA Events Calendar to register):

· February 5 and every Wednesday – Bagels with the Bar, drop in for free bagels and coffee – 8:30-10 AM

· February 7 and 8– High School Mock Trial competition, judges are urgently needed. You can give back while spending time with some fabulous people.

· February 20- Pickle Ball, need I say more.

· March 11 - Free Lunch – Employment Law section

· April 5 – Bar Fundraiser in Support of Legal Aid Colorado

· April 15 – Free Lunch – Family Law section Please reach out to us to let us know other ways that we can support you.