To the Editor:

The State Bar's response to the Report of the Michigan Supreme Court Task Force on the Role of the State Bar of Michigan does a good job in responding to what fairly can be said is a disproportionate risk aversion approach to complying with the limitations imposed on the State Bar by the United States Supreme Court's decision in Keller v. State Bar of California, 496 U.S. 1 (1990).

In its recommendations, the Task Force failed to consider Professor Robert Sedler's comments on the Report:

" . . . lawyers are directly engaged in the administration of justice, and they are in a unique position to make policy recommendations to improve the administration of justice. To the extent that the State Bar refrains from making policy recommendations and from advocating changes relating to the administration of justice, the public is being deprived of the unique perspective that lawyers are able to convey."

Running scared seldom advances the public interest.

Avern Cohn

Judge, U.S. District Court

Published: Thu, Aug 07, 2014