ABA House of Delegates, Summary of Resolutions, 2012 Annual Meeting

AMERICAN BAR ASSOCIATION

HOUSE OF DELEGATES

2012 ANNUAL MEETING

CHICAGO, ILLINOIS

 

SUMMARY OF RESOLUTIONS 

 

REPORT #    SUBJECT                                                                                                                

 

10A                 ILLINOIS STATE BAR ASSOCIATION

                        SENIOR LAWYERS DIVISION

                        MARYLAND STATE BAR ASSOCIATION

Reaffirms policy adopted July 2000 that the sharing of legal fees with non-lawyers and the ownership or control of the practice of law by non-lawyers are inconsistent with the core values of the legal profession and the law governing lawyers that prohibits lawyers from sharing legal fees with non-lawyers and from directly or indirectly transferring to non-lawyers ownership or control over entities practicing law should not be revised.

 

11-1                CONSTITUTIONAL AMENDMENT

Amends §1.2 of the Constitution to include the following language as one of the purposes of the Association: “to defend the right to life of all innocent human beings, including all those conceived but not yet born.”

 

11-2                CONSTITUTIONAL AMENDMENT

Amends Article 3 of the Constitution, and Article 21 and §31.7 of the Bylaws regarding membership issues.

 

11-3                CONSTITUTIONAL AMENDMENT

Amends §6.2(a)(5), §6.7(g) and §10.1(a) of the Constitution, to change the name of the General Practice, Solo and Small Firm Division to the Solo, Small Firm and General Practice Division.

 

11-4                CONSTITUTIONAL AMENDMENT

Amends §6.4(a) of the Constitution to change the requirement that if the bar associations of a state are entitled to four or more delegates, at least one delegate must have been admitted to practice in his or her first bar within the past five years, or must be less than 36 years old.

 

11-5                AMENDMENT TO BYLAWS

Amends §31.7 of the Bylaws to eliminate the Standing Committee on Substance Abuse.

 


11-6                AMENDMENT TO HOUSE RULES OF PROCEDURE

                        Amends §42.6 of the Rules of Procedure of the House of Delegates to provide that the 11th Edition of Robert’s Rules of Order Newly Revised shall govern the House in parliamentary situations that are not covered by the Constitution, the Bylaws or the House Rules.

 

100                 TORT TRIAL AND INSURANCE PRACTICE SECTION

                        COMMISSION ON DISABILITY RIGHTS

                        San Diego COUNTY Bar Association

                        Urges legislative bodies and governmental agencies to adopt comprehensive breed-neutral dangerous dog laws based on behavior and to repeal any breed discriminatory or breed specific provisions.

 

101                 SECTION OF LITIGATION

Adopts the Guidelines for Retention of Experts by Lawyers, dated August 2012, and urges counsel to consider utilization of the Guidelines in retaining experts for client matters.

 

102                 COMMISSION ON IMMIGRATION

                        JUDICIAL DIVISION

                        ATLANTA BAR ASSOCIATION

                        BAR ASSOCIATION OF SAN FRANCISCO

                        AMERICAN IMMIGRATION LAWYERS ASSOCIATION

                        CRIMINAL JUSTICE SECTION

Adopts the ABA Civil Immigration Detention Standards, dated August 2012, which govern the treatment of persons in theU.S. immigration detention system.

 

103                 SECTION OF LEGAL EDUCATION AND ADMISSIONS TO THE BAR

Concurs in the action of the Council of the Section of Legal Education and Admissions to the Bar in making amendments dated August 2012, to Standard 509 and Rule 16 of the ABA Standards and Rules of Procedure for Approval of Law Schools.

104                 SECTION OF INTELLECTUAL PROPERTY LAW

Adopts policy relating to determinations of patent infringement in cases with patent claims for methods or processes that require multiple steps and multiple participants to complete.


105A               COMMISSION ON ETHICS 20/20

                        STANDING COMMITTEE ON CLIENT PROTECTION

                        STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY

                        STANDING COMMITTEE ON PROFESSIONAL DISCIPLINE

                        STANDING COMMITTEE ON PROFESSIONALISM

                        STANDING COMMITTEE ON SPECIALIZATION

                        NEW YORK STATE BAR ASSOCIATION

Amends the black letter and Comments to Model Rules 1.0, 1.6 and 4.4, and the Comments to Model Rules 1.1 and 1.4 of the ABA Model Rules of Professional Conduct dated August 2012, to provide guidance regarding lawyers’ use of technology and confidentiality.

 

105B              COMMISSION ON ETHICS 20/20

                        STANDING COMMITTEE ON CLIENT PROTECTION

                        STANDING COMMITTEE ON ETHICS AND PROFESSIONAL    RESPONSIBILITY

                        STANDING COMMITTEE ON PROFESSIONAL DISCIPLINE

                        STANDING COMMITTEE ON PROFESSIONALISM

                        STANDING COMMITTEE ON SPECIALIZATION

                        NEW YORK STATE BAR ASSOCIATION

Amends the black letter and Comments to Model Rules 1.18 and 7.3, and the Comments to Model Rules 7.1, 7.2 and 5.5 of the ABA Model Rules of Professional Conduct dated August 2012, to provide guidance regarding lawyers’ use of technology and client development.

 

105C              COMMISSION ON ETHICS 20/20

                        STANDING COMMITTEE ON CLIENT PROTECTION

                        STANDING COMMITTEE ON ETHICS AND PROFESSIONAL    RESPONSIBILITY

                        STANDING COMMITTEE ON PROFESSIONAL DISCIPLINE

                        STANDING COMMITTEE ON PROFESSIONALISM

                        STANDING COMMITTEE ON SPECIALIZATION

                        NEW YORK STATE BAR ASSOCIATION

Amends the Comments to Model Rules 1.1, 5.3 and 5.5 of the ABA Model Rules of Professional Conduct dated August 2012, to provide guidance regarding the ethical implications of retaining lawyers and nonlawyers outside the firm to work on client matters (i.e. outsourcing).


105D              COMMISSION ON ETHICS 20/20

                        STANDING COMMITTEE ON CLIENT PROTECTION

                        STANDING COMMITTEE ON ETHICS AND PROFESSIONAL    RESPONSIBILITY

                        STANDING COMMITTEE ON PROFESSIONAL DISCIPLINE

                        STANDING COMMITTEE ON PROFESSIONALISM

                        STANDING COMMITTEE ON SPECIALIZATION

                        NEW YORK STATE BAR ASSOCIATION

Adopts the Model Rule on Practice Pending Admission, and amends the black letter and Comment to Rule 5.5 of the ABA Model Rules of Professional Conduct, dated August 2012, to enable lawyers to practice in a new jurisdiction while the lawyer actively pursues admission through one of the procedures that the jurisdiction authorizes.

 

105E               COMMISSION ON ETHICS 20/20

                        STANDING COMMITTEE ON CLIENT PROTECTION

                        STANDING COMMITTEE ON ETHICS AND PROFESSIONAL    RESPONSIBILITY

                        STANDING COMMITTEE ON PROFESSIONAL DISCIPLINE

                        STANDING COMMITTEE ON PROFESSIONALISM

                        STANDING COMMITTEE ON SPECIALIZATION

                        NEW YORK STATE BAR ASSOCIATION

Amends the ABA Model Rule for Admission by Motion dated August 2012, to allow lawyers to qualify for admission by motion at an earlier point in their careers than the current Rule allows.

 

105F               COMMISSION ON ETHICS 20/20

                        STANDING COMMITTEE ON CLIENT PROTECTION

                        STANDING COMMITTEE ON ETHICS AND PROFESSIONAL    RESPONSIBILITY

                        STANDING COMMITTEE ON PROFESSIONAL DISCIPLINE

                        STANDING COMMITTEE ON PROFESSIONALISM

                        STANDING COMMITTEE ON SPECIALIZATION

                        NEW YORK STATE BAR ASSOCIATION

Amends the black letter and Comments to Model Rule 1.6, and the Comments to Model Rule 1.17 of the ABA Model Rules of Professional Conduct dated August 2012, to provide guidance regarding the detection of conflicts of interest when lawyers move from one firm to another, firms merge or there is a sale of a law practice.

 

106A               COMMISSION ON LAW AND AGING

                        SECTION OF FAMILY LAW

                        SENIOR LAWYERS DIVISION

                        GENERAL PRACTICE, SOLO AND SMALL FIRM DIVISION

                        COMMISSION ON DISABILITY RIGHTS

Urges Congress to amend the Patient-Self Determination Act provisions of the Medicare and Medicaid law regarding advance care planning.

 

106B              COMMISSION ON LAW AND AGING

                        SECTION OF FAMILY LAW

                        SECTION OF HEALTH LAW

                        SECTION OF REAL PROPERTY, TRUST AND ESTATE LAW

                        SENIOR LAWYERS DIVISION

                       GENERAL PRACTICE, SOLO AND SMALL FIRM DIVISION

Adopts the Third National Guardianship Summit Standards and Recommendations, dated August 2012, and urges courts and policy making bodies to implement them.

 

106C              COMMISSION ON LAW AND AGING

                        SECTION OF FAMILY LAW

                        SECTION OF HEALTH LAW

                        SECTION OF REAL PROPERTY, TRUST AND ESTATE LAW

                        SENIOR LAWYERS DIVISION

                       GENERAL PRACTICE, SOLO AND SMALL FIRM DIVISION

                       COMMISSION ON DOMESTIC AND SEXUAL VIOLENCE

                       COMMISSION ON DISABILITY RIGHTS

Urges courts and community organizations to collaborate in establishing court-focused elder abuse initiatives that serve victims or potential victims of elder abuse through either a court or a court-based program or a program conducted in partnership with a court.

107A               CRIMINAL JUSTICE SECTION

                        SECTION OF FAMILY LAW

                        GENERAL PRACTICE, SOLO AND SMALL FIRM DIVISION

                        COMMISSION ON DOMESTIC AND SEXUAL VIOLENCE

Urges governments to review child sexual abuse statutes of limitations to determine whether extending the statute of limitations is warranted.

 

107B              CRIMINAL JUSTICE SECTION

COMMISSION ON IMMIGRATION

COMMISSION ON HOMELESSNESS AND POVERTY

COMMISSION ON DOMESTIC AND SEXUAL VIOLENCE

Urges prosecutors to fulfill their traditional prosecutorial functions and further protect the public through the use of a broad spectrum of strategies to discharge that duty and urges increased funding for prosecutors to achieve these objectives.

 

107C              CRIMINAL JUSTICE SECTION

COMMISSION ON IMMIGRATION

COMMISSION ON HOMELESSNESS AND POVERTY

Urges defender organizations and criminal defense lawyers to address clients’ inter-related criminal, civil and non-legal problems and urges funding for these purposes.


107D              CRIMINAL JUSTICE SECTION

Urges Congress to amend 28 U.S.C. § 2254(d) to permit a federal district court to review de novo, based on the record made in the federal court, claims of ineffective assistance of counsel by petitioners under sentence of death.

 

108                 STANDING COMMITTEE ON PARALEGALS

Grants approval and reapproval to several paralegal education programs, withdraws the approval of two programs at the request of the institutions, and extends the term of approval to several paralegal education programs.

 

109A               SECTION OF ADMINISTRATIVE LAW AND REGULATORY PRACTICE

                           STANDING COMMITTEE ON ELECTION LAW

Urges Congress to mandate disclosure of all political expenditures and contributions by non-profit organizations exempt under 501(c)(4) and political organizations exempt under 527 of the Internal Revenue Code.

 

109B              SECTION OF ADMINISTRATIVE LAW AND REGULATORY PRACTICE

Urges federal agencies to pursue regulatory cooperation with relevant foreign authorities where appropriate and consistent with their legal authority, statutory mandates and regulatory missions.

 

109C              SECTION OF ADMINISTRATIVE LAW AND REGULATORY PRACTICE

Urges the Federal Acquisition Regulatory Council to promulgate model contract language for use in contracts posing a high risk of either personal conflicts of interest or misuse of certain non-public information, which would subject contractor employees to new restrictions analogous to those that apply to federal employees.

 

110                 STANDING COMMITTEE ON SPECIALIZATION

                        SECTION OF FAMILY LAW

                        STANDING COMMITTEE ON PROFESSIONALISM

                        STANDING COMMITTEE ON CLIENT PROTECTION

                        GENERAL PRACTICE, SOLO AND SMALL FIRM DIVISION

Amends the Accreditation Standards for Specialty Certification Programs for Lawyers by the addition of provisions to Sections 4.06(F) and 4.08, and the addition of Section 4.10, dated August 2012.

 

111                 STANDING COMMITTEE ON GUN VIOLENCE

                        COMMISSION ON DOMESTIC AND SEXUAL VIOLENCE

                        STANDING COMMITTEE ON MEDICAL PROFESSIONAL LIABILITY

Opposes governmental actions and policies that limit the rights of physicians to inquire of their patients whether they possess guns and how they are secured in the home or to counsel their patients about the dangers of guns in the home and safe practices to avoid those dangers.

 

112A               COMMISSION ON YOUTH AT RISK

                        SECTION OF FAMILY LAW

                        COMMISSION ON HOMELESSNESS AND POVERTY

Urges lawyers, judges, child welfare agency administrators, legislators, educators and educator regulatory bodies to support the enrollment in and successful completion of postsecondary education by youth in foster care, or those who have been in foster care.

 

112B              COMMISSION ON YOUTH AT RISK

                        COMMISSION ON DISABILITY RIGHTS

                        COMMISSION ON HOMELESSNESS AND POVERTY

                       DEATH PENALTY REPRESENTION PROJECT

                        SECTION OF HEALTH LAW

                        JUDICIAL DIVISION

                        ALASKA BAR ASSOCIATION

                       CRIMINAL JUSTICE SECTION

                        Urges attorneys and judges, state and local bar associations and law school clinical programs to help identify and respond effectively to Fetal Alcohol Spectrum Disorders (FASD) in children and adults through training to enhance awareness of FASD and its impact on individuals in the child welfare, juvenile justice, and adult criminal justice systems, and the value of collaboration with medical, mental health and disability experts.

 

113                 SECTION OF INTERNATIONAL LAW

                        SECTION OF ADMINISTRATIVE LAW AND REGULATORY PRACTICE

                        COMMISSION ON IMMIGRATION

                        Urges the Department of Homeland Security to create a Haitian Family Reunification Parole Program and immediately begin paroling into theUnited States already-approved Haitian beneficiaries of family-based visa petitions.

 

114                 STANDING COMMITTEE ON ARMED FORCES LAW

                        JUDGE ADVOCATES ASSOCIATION

                        JUDICIAL DIVISION

                        STANDING COMMITTEE ON LEGAL ASSISTANCE FOR MILITARY    PERSONNEL

                        STANDING COMMITTEE ON LAW AND NATIONAL SECURITY

                        Urges the Department of Defense to strengthen further its efforts to prevent and eliminate sexual assault within the military and opposes the enactment of H.R. 3435, 112th Congress, the Sexual Assault Training Oversight and Prevention Act or similar legislation.           

 


115                 FORUM ON COMMUNICATIONS LAW

                        Urges legislatures to enact legislation to protect individuals and organizations who choose to speak on matters of public concern from meritless litigation designed to suppress such speech, commonly known as SLAPPs (Strategic Lawsuits Against Public Participation).

 

116                 SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES

                        CRIMINAL JUSTICE SECTION

                        Amends the 2008 policy regarding racial and ethnic profiling to include religious profiling and characteristics indicative of religious affiliation.

 

300*                TORT TRIAL AND INSURANCE PRACTICE SECTION

                        Recognizes the fundamental importance of the right to trial by jury and opposes contractually required pre-dispute waivers of the right to trial by jury except where specifically authorized by law.

 

400A               RESOLUTION WITH REPORT ON ARCHIVING

Recommends that certain Association policies that pertain to public issues and are 10 years old or older be archived.

 

400B              RESOLUTION WITH REPORT ON ARCHIVING (CLEAN-UP)

Recommends that certain Association policies that pertain to public issues that were adopted between 1950 and 1985 be archived.

 


* Pursuant to §45.5 of the House Rules of Procedure, this late report will be considered by the House of Delegates if the Committee on Rules and Calendar recommends a waiver of the time requirement and that recommendation is approved by a two-thirds vote of the delegates voting.

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