In a recent move, the American Bar Association (ABA) has urged the Administrative Office of the U.S. Courts to abandon the term “court-appointed master”. In a letter penned by the ABA’s president, it was argued that the term harbors negative shades due to its historic associations with slavery. Instead, the ABA president proposed the adoption of the term “court-appointed neutral”.
The ABA is a voluntary bar association established in 1878. It is not a regulatory body, but its standards for legal education carry considerable weight in the legal profession throughout the United States. The organization is also known for its continuing legal education, advocacy in law reform, programs to assist lawyers and judges, and initiatives to improve the legal profession’s public perception.
The term “court-appointed master” is a holdover from an earlier era. It is utilized in complex litigation when a court needs assistance with specific issues or aspects of a case. These could range from pre-trial discovery to the administration of settlements. However, in light of ongoing conversations on racial justice and historical recognition, the ABA believes this term could evoke negative connotations and should hence be reviewed.
An open discussion on language, its historical implications, and how it shapes modern society, is crucial. It is fundamental to consider how the language we use in formal arenas like the courts, where every word has profound implications, affects our understanding and perception of justice.
For more information, you can read the letters in full on the Law360’s website, here: Details on ABA’s Initiative.