FOR IMMEDIATE RELEASE 98-65 Chairman Arthur Levitt Praises ABA Pay-to-Play Task Force Report Washington, DC, July 21, 1998 -- Securities and Exchange Commission Chairman Arthur Levitt today praised the American Bar Association Task Force on Lawyers' Political Contributions for the recommendations made in its report released today. Chairman Levitt said, "Task Force Chair Jack Martin and his colleagues have bravely proposed measures to reform practices that some members of the bar have bitterly resisted even discussing. The steps unanimously supported by the Task Force firmly advance the bar on the road to a comprehensive end to pay-to-play. The additional step recommended by the majority provides a strong tool for truly effective action. The question now is, `How determined are lawyers to bring this unseemly practice to an end?' We now look to the ABA House of Delegates to answer this at its meeting in August." At last year's annual meeting, the ABA House of Delegates condemned pay-to-play and called upon ABA President Jerome Shestack to create a task force. In addition to John W. Martin, the General Counsel of Ford Motor Company, the Task Force includes former FBI and CIA Director Judge William H. Webster, former U.S. Senator Howard H. Baker, and nine other prominent members of the bar. The Task Force proposes a two-part resolution to the House of Delegates. The first part calls for: * All bar associations to unequivocally condemn lawyer selection based, in whole or part, on campaign contributions; * Bar associations to adopt rules requiring disclosure of lawyer contributions to government officials who influence the award of legal work; * Merit selection of lawyers for government agencies to assure no influence by campaign contributions; and * A Model Rule declaring a lawyer or law firm shall not make a political contribution or solicitation to obtain or be considered for legal work. The second part calls for adoption of a proscriptive rule preventing a lawyer from accepting legal work after making or soliciting campaign contributions, for the purpose of being retained or considered for retention by a public agency, to a public official involved in lawyer selection and calls upon the Standing Committee on Ethics and Professional Responsibility to take appropriate action. The Task Force unanimously supports the first part and a majority supports the second part. The ABA will consider the Task Force's recommendations at its annual meeting in Toronto in early August, along with a weaker competing proposal offered by the Section on State and Local Government Law. Chairman Levitt said, "I believe that tougher measures are warranted in states with significant municipal bond activity. The report observes that states with `special concerns' about areas such as municipal finance `are free to adopt more restrictive approaches tailored to those special concerns.' This should encourage the New York Administrative Board to move forward and stop this practice by bond lawyers in New York State." The Administrative Board of the Courts of New York is currently considering a proposed rule to limit pay-to-play by bond lawyers similar to the nationwide rule applicable to municipal investment bankers put in place more than four years ago. # # #