AMERICAN BAR ASSOCIATION
HOUSE OF DELEGATES
2012 MIDYEAR MEETING
NEW ORLEANS, LOUISIANA
10A BAR ASSOCIATION OF PUERTO RICO CARLOS A. RODRIGUEZ-VIDAL, ABA MEMBER Urges the highest courts or legislative bodies of all states, territories and tribes charged with the administration of justice, admission to the bar, and regulation of the legal profession, to respect the organized bar’s ability and right to function independently and express its views freely. 100 STANDING COMMITTEE ON PARALEGALS Grants approval and reapproval to several paralegal education programs, withdraws the approval of one program at the request of the institution, and extends the term of approval to several paralegal education programs. 101A CRIMINAL JUSTICE SECTION Adopts the black letter ABA Criminal Justice Standards on Law Enforcement Access to Third Party Records, dated February 2012, which provide a framework through which legislatures, courts acting in their supervisory capacity, and administrative agencies can balance the needs of law enforcement and the interests of privacy, freedom of expression and social participation. 101B CRIMINAL JUSTICE SECTION Urges governments to adopt pretrial discovery procedures requiring laboratories to produce comprehensive and comprehensible laboratory and forensic science reports for use in criminal trials that include a number of identified criteria. 101C CRIMINAL JUSTICE SECTION Urges judges to consider a number of factors in determining the manner in which expert testimony should be presented to a jury and in instructing the jury in its evaluation of scientific testimony in criminal and delinquency proceedings. 101D CRIMINAL JUSTICE SECTION Urges judges and lawyers to consider potential jurors’ understanding of general scientific principles, scientific principles relevant to forensic science, and preconceptions or bias with respect to forensic scientific principles in formulating jury voir dire questions. 101E CRIMINAL JUSTICE SECTION COMMISSION ON HOMELESSNESS & POVERTY Urges the federal government to encourage public housing authorities to reevaluate their current rules regarding admission, termination, and additions to household to ensure that, while resident safety is protected, those rules do not unfairly punish persons with criminal records. 101F CRIMINAL JUSTICE SECTION COMMISSION ON IMMIGRATION Supports legislation, policies and practices that allow equal and uniform access to therapeutic courts and problem-solving sentencing alternatives, such as drug treatment and anger management counseling, regardless of the custody or detention status of the individual. 101G CRIMINAL JUSTICE SECTION COMMISSION ON DISABILITY RIGHTS Adopts the Model Jury Instructions for the Penalty Phase of Death Penalty Cases, dated February 2012, and urges its adoption by jurisdictions where the death penalty may be imposed. 102A NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS Approves the Uniform Certificate of Title for Vessels Act, promulgated by the National Conference of Commissioners on Uniform State Laws in 2011, as an appropriate Act for those states desiring to adopt the specific substantive law suggested therein. 102B NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS Approves the Uniform Electronic Legal Material Act, promulgated by the National Conference of Commissioners on Uniform State Laws in 2011, as an appropriate Act for those states desiring to adopt the specific substantive law suggested therein. 103 SECTION OF INTERNATIONAL LAW Urges that federal, state, territorial, tribal and local courts consider and respect the data protection and privacy laws of any foreign sovereign, as well as the interests of any person who is subject to or benefits from such laws, with regard to data that is subject to preservation, disclosure or discovery. 104 SECTION OF FAMILY LAW Adopts the ABA Model Relocation of Children Act, dated February 2012, and urges its adoption by state, territorial, tribal and local legislative bodies. 105 STANDING COMMITTEE ON CLIENT PROTECTION STANDING COMMITTEE ON PROFESSIONAL DISCIPLINE Amends the Model Rules for Fee Arbitration, dated February 2012, to refine current practices in order to increase productivity, efficiency and fairness. 106A 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 to Standard 510 and Rules 3, 5 and 22 of the ABA Standards and Rules of Procedure for Approval of Law Schools, dated February 2012. 106B 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 non-substantive clarifications to Standard 512 (Student Complaints) of the ABA Standards and Rules of Procedure for Approval of Law Schools, to which the House of Delegates previously concurred in August 2011. 107 STANDING COMMITTEE ON PROFESSIONAL DISCIPLINE STANDING COMMITTEE ON CLIENT PROTECTION Reaffirms the black letter of the ABA Standards for Imposing Lawyer Sanctions, as adopted February 1986 and amended February 1992, and rescinds its adoption of the Commentary thereto. 108 COMMISSION ON WOMEN IN THE PROFESSION COMMISSION ON RACIAL AND ETHNIC DIVERSITY GOVERNMENT AND PUBLIC SECTOR LAWYERS DIVISION SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES SECTION OF STATE AND LOCAL GOVERNMENT LAW STANDING COMMITTEE ON ARMED FORCES LAW NATIONAL ASSOCIATION OF WOMEN LAWYERS STANDING COMMITTEE ON LEGAL ASSISTANCE FOR MILITARY PERSONNEL Urges state and territorial bar admission authorities to adopt rules, regulations and procedures that accommodate the unique needs of military spouse attorneys, who move frequently in support of the nation’s defense. 109 CENTER FOR HUMAN RIGHTS SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES Endorses the United Nations “Protect, Respect and Remedy” Framework on Business and Human Rights and the Framework’s companion Guiding Principles for Implementing the Framework and similar principles promulgated by the Organization for Economic Cooperation and Development, and urges governments, the private sector and the legal community to integrate them into their respective operations and practices. 110 SECTION OF INTELLECTUAL PROPERTY LAW Supports in principle the long-established precedent that patent infringement must be proven by a preponderance of the evidence, and the fact that a product or process accused of infringing a patent-in-suit is itself separately patented does not alter the burden of proof, or create a presumption of non-infringement. 111 COMMISSION ON DISABILITY RIGHTS CRIMINAL JUSTICE SECTION GENERAL PRACTICE, SOLO AND SMALL FIRM DIVISION SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES COMMISSION ON SEXUAL ORIENTATION AND GENDER IDENTITY COUNCIL FOR RACIAL AND ETHNIC DIVERSITY IN THE EDUCATIONAL PIPELINE STANDING COMMITTEE ON THE DELIVERY OF LEGAL SERVICES UTAH STATE BAR BAR ASSOCIATION OF BALTIMORE CITY NATIONAL NATIVE AMERICAN BAR ASSOCIATION COMMISSION ON LAWYER ASSISTANCE PROGRAMS STATE BAR OF WISCONSIN COMMISSION ON WOMEN IN THE PROFESSION Urges entities that administer a law school admission test to provide appropriate accommodations for a test taker with a disability to best ensure that the exam results reflect what the exam is designed to measure and not the test taker’s disability. 112 NATIONAL CONFERENCE OF STATE TRIAL JUDGES Amends the Model Time Standards for State Courts, dated February 2012, by adding a case type under the criminal category for local ordinances and by extending the length of time for the completion of the administration of estates. 113 STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS Adopts the ABA Standards for Language Access in Courts, dated February 2012, and urges federal and state legislative and executive branches to provide adequate funding to courts and other adjudicatory tribunals to fully implement language access services. 114 COMMISSION ON DOMESTIC AND SEXUAL VIOLENCE CRIMINAL JUSTICE SECTION Urges the Federal Bureau of Investigation to expand the definition of rape in the Uniform Crime Reporting Summary Reporting Program to include all forms of non-consensual sexual penetration, regardless of gender, orifice penetrated, mode of penetration, or presence of force. 115 GENERAL PRACTICE, SOLO AND SMALL FIRM DIVISION Supports and encourages the continued efforts of solo, small firm and general practice lawyers to provide access to justice by delivery of legal services to those in need. 300* SECTION OF LITIGATION Adopts the Standards of Conduct for Experts Retained by Lawyers, dated February 2012, and urges counsel to incorporate the Standards in lawyer engagement agreements with experts. 301* SECTION OF ANTITRUST LAW Supports the principle that the award of damages or injunctive relief under federal or state antitrust and competition law should require a finding of injury not just to the plaintiff or plaintiffs, but also to competition itself.
* This resolution with report was received after the November 16 filing deadline. Pursuant to §45.5 of the House Rules of Procedure, this late resolution will be considered by the House of Delegates if the Committee on Rules and Calendar recommends a waiver of the time requirement and the recommendation is approved by a two-thirds vote of the delegates voting.