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House of Delegates
2000 ANNUAL MEETING


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DAILY JOURNAL

AMERICAN BAR ASSOCIATION
HOUSE OF DELEGATES

REPORT OF ACTION TAKEN AT
2000 ANNUAL MEETING
New York, New York
July 10 - 11, 2000

 


Report

 

Proposed By:


Short Title
Action Taken
10AASSOCIATION OF THE BAR OF THE CITY OF NEW YORKUrges Congress and state legislatures to enact campaign finance reform that reflects a series of principles, including the partial public financing of campaigns.Revised substitute 10A Approved (see attached)
10BHARTFORD COUNTY BAR ASSNUrges the courts of appeals, both federal and state, to provide in case dispositions (except in those appeals the court determines to be wholly without merit), at a minimum, reasoned explanations for their decisions.Approved as Revised and Amended*
10CBAR ASSN OF THE DISTRICT OF COLUMBIAUrges Congress to amend Chapter 53 of Title 10, United States Code, by adding a new section 1044d to require states, including the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands and the U.S. Virgin Islands to recognize a will prepared for a person eligible to receive military legal assistance if the will is executed under procedures in the section.Approved as revised (see attached)
10DFLORIDA BAR ASSNUrges that the American Bar Association make no changes to rules because of advances of multidisciplinary practice because such change necessarily compromises the independence of the legal profession and the loyalty to clients that is codified in the Rules of Professional Conduct.Withdrawn
10EOHIO STATE BAR ASSNCalls for the ABA to state unequivocally that multidisciplinary practice (MDP) not be authorized or sanctioned.Withdrawn
10FILLINOIS STATE BAR ASSN
NEW JERSEY STATE BAR ASSN
NEW YORK STATE BAR ASSN
THE FLORIDA BAR
OHIO STATE BAR ASSN
ERIE COUNTY BAR ASSN
CUYAHOGA COUNTY BAR ASSN
Urges that the ABA make no changes to the Model Rules of Professional Conduct to permit lawyers to share legal fees with nonlawyers.Approved as revised (see attached)
10GBOSTON BAR ASSN
COUNCIL FOR RACIAL AND ETHNIC JUSTICE
Urges the states, territories and possessions to increase access to the system of justice for limited and non-English speaking people by providing through legislation or court rule that qualified interpreters who are employed by a telecommunications or other technology-based interpretation service may be appointed in any judicial or administrative proceeding.Withdrawn
10HBAR ASSN OF SAN FRANCISCO
ASSN OF THE BAR OF THE CITY OF NEW YORK
SECTION OF INTERNATIONAL LAW AND PRACTICE
SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES
This resolution: 1) reaffirms ABA support for an effective United Nations; 2) urges the U.S. to pay its outstanding dues to the UN; and 3) urges the U.S. to ratify specific treaties previously endorsed by the House of Delegates.Approved
10IDALLAS BAR ASSN
TARRANT COUNTY BAR ASSN
HOUSTON BAR ASSN
SAN ANTONIO BAR ASSN
TRAVIS COUNTY BAR ASSN
The ABA should establish a procedure to insure that the best interests of clients is maintained and that the core values of the legal profession are adequately protected before voting on the current MDP proposal.Withdrawn
10JCOLORADO STATE BAR ASSN
DENVER BAR ASSN
Recommends that the ABA take no action that in any way discourages further discussion of MDP until a more substantial number of state and local bar associations and ABA entities currently studying MDP have had an opportunity to conclude their studies and that MDP be subject of jurisdiction of Committee on Research into the Future of the Legal Profession.Motion to substitute for Revised 10F failed; therefore 10J was not considered
11-1CONSTITUTIONAL AMENDMENTAmends §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."No action taken because there was no presenter.
11-2CONSTITUTIONAL AMENDMENTAmends §2.1 and §9.2(a) of the Constitution to provide for representation of the United States Territories on the Nominating Committee.Withdrawn
11-3HOUSE RULES OF PROCEDURE AMENDMENTAmends §43.1 of the Rules of Procedure of the House of Delegates to provide that the calendar for the midyear meeting of the House must include a report on the legislative priorities.Approved
11-4CONSTITUTION AND BYLAWS AMENDMENTAmends §31.7 of the Bylaws to eliminate the Standing Committee on Law and Literacy.Approved
11-5Amends §5.3 of the Constitution and §23.1 of the Bylaws to clarify and cross- reference the provisions that pertain to resolutions submitted by Association members who are not delegates.Approves the Code of Ethics for Arbitrators in Commercial Disputes, as amended February 2000, which is intended to provide ethical guidelines to all individuals serving as commercial arbitrators.Approved
100ROBERT MACCRATE,
FORMER ABA PRESIDENT
Urges each jurisdiction to implement in its law governing lawyers, principles that permit certain forms of multidisciplinary practice but preclude nonlawyer involvement in the practice of law and preserve the core values of the American legal profession.Withdrawn
101SECTION OF SCIENCE AND TECHNOLOGYChanges the name of the Section of Science and Technology to the Section of Science and Technology Law.Approved
102COMMISSION ON LEGAL PROBLEMS OF THE ELDERLY SENIOR LAWYERS DIVISIONUrges the federal government, states and territories to construe, apply, and if necessary, amend laws regulating the health professions, controlled substances, insurance, and both public and private health benefit programs so that these laws do not impose barriers to quality pain and symptom management.Approved
103StC ON LEGAL ASSISTANTSGrants approval, reapproval and extension of the term of approval to several legal assistant education programs.

Approved

104StC ON ARMED FORCES
LAW
BAR ASSOCIATION OF THE DISTRICT OF COLUMBIA
StC ON LEGAL ASSISTANCE FOR MILITARY PERSONNEL
JUDGE ADVOCATES ASSN
Grants approval, reapproval and extension of the term of approval to several legal assistant education programs.

Approved

105SECTION OF BUSINESS LAWUrges Congress to approve the "Electronic Commerce in Bankruptcy Recognition Act", dated July 2000, interpreting signature and writing requirements contained within Title 11 by reference to applicable non-bankruptcy law; and supports the enactment of federal legislation to eliminate unnecessary legal and functional barriers to electronic commerce contained in Title 11 of the United States Code.

Withdrawn

106ASECTION OF INTERNATIONAL LAW AND PRACTICE
SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES
STEERING COMMITTEE ON UNMET LEGAL NEEDS OF CHILDREN
Supports U.N. adoption and U. S. ratification of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts.

Approved as revised (see attached)

106BSECTION OF INTERNATIONAL LAW AND PRACTICE
SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES
STEERING COMMITTEE ON UNMET LEGAL NEEDS OF CHILDREN
Supports U.N. adoption and U. S. ratification of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.

Approved as revised (see attached)

107StC ON ELECTION LAW
SECTION OF BUSINESS LAW GOVERNMENT AND PUBLIC SECTOR LAWYERS DIVISION
Urges Congress and the states to review their respective election laws as they relate to election and campaign activity on the Internet and to apply those laws in a manner that encourages political activity through this medium, upholds First Amendment guarantees of free speech and association, and seeks to eliminate opportunities for unfairness, corruption or undue influence.

Approved as revised (see attached)

108StC ON JUDICIAL INDEPENDENCE
SECTION OF BUSINESS LAW JUDICIAL DIVISION SENIOR LAWYERS DIVISION COALITION FOR JUSTICE TORT AND INSURANCE PRACTICE SECTION
Adopts the black letter of the "Standards on State Judicial Selection", dated July 2000.

Approved

108StC ON JUDICIAL INDEPENDENCE
SECTION OF BUSINESS LAW JUDICIAL DIVISION SENIOR LAWYERS DIVISION COALITION FOR JUSTICE TORT AND INSURANCE PRACTICE SECTION
Adopts the black letter of the "Standards on State Judicial Selection", dated July 2000.

Approved

109ASECTION OF INTERNATIONAL LAW AND PRACTICE
SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES
STEERING COMMITTEE ON UNMET LEGAL NEEDS OF CHILDREN
Supports U.N. adoption and U. S. ratification of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.

Approved as revised (see attached)

109BSECTION OF INTERNATIONAL LAW AND PRACTICE
SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES
STEERING COMMITTEE ON UNMET LEGAL NEEDS OF CHILDREN
Recommends that court-mandated mediation include an opt-out prerogative in any action in which one party has perpetrated domestic violence upon the other party.

Approved

111YOUNG LAWYERS DIVISION
STEERING COMMITTEE ON THE UNMET LEGAL NEEDS OF CHILDREN
Urges the extension of remedies, protections and services within domestic violence statutes to adolescents, and urges educational authorities, law enforcement officials, juvenile courts, and other government agencies to support more effectively adolescent dating awareness programs, domestic violence awareness programs, adolescent victim services and teen offender intervention programs.

Approved

112COMMISSION ON WOMEN IN THE PROFESSION
TORT AND INSURANCE PRACTICE SECTION
Recommends that the ABA partner with the public health community to improve access to legal services for breast cancer and patients; and urges Congress, states, territories and local governments to provide adequate funding for basic research and clinical trials to find a cure for breast cancer in that the present level of spending is not adequate to find a cure.

Approved as revised (see attached)

113JUDICIAL DIVISION TORT AND INSURANCE PRACTICE SECTIONUrges Congress to consider certain guidelines in connection with any future legislation mandating hearings and to amend the Administrative Procedure Act (APA) to provide for the use of formal APA proceedings in such legislation in the absence of an express contrary congressional determination.

Approved

114JUDICIAL DIVISION
SENIOR LAWYERS DIVISION TORT AND INSURANCE PRACTICE SECTION
JUDICIAL DIVISION LAWYERS CONFERENCE
NATIONAL CONFERENCE OF ADMINISTRATIVE LAW
JUDGES
APPELLATE JUDGES
CONFERENCE
NATIONAL CONFERENCE OF SPECIAL COURT
JUDGES
NATIONAL CONFERENCE OF STATE TRIAL JUDGES
Adopts the Standards for State Judicial Retirement, dated July 2000, which calls for mandatory retirement of a judge at age 75 years, with the opportunity for a retired judge at any age, up to age 80 years, to apply for Senior Judge status for a two-year term, if the judge is physically and mentally fit.

Approved as revised to replace "Disability" with "Incapacity" throughout Standards.

115CRIMINAL JUSTICE SECTION
NATIONAL LEGAL AID AND DEFENDER ASSN
StC ON LEGAL AID AND INDIGENT DEFENDANTS
Urges federal, state, local and territorial jurisdictions to adhere to principles concerning biological evidence collected in conjunction with the investigation of a criminal case.

Approved as revised to replace "Disability" with "Incapacity" throughout Standards.

116ASupports the greater use of "ombudsmen" to receive, review and resolve complaints involving public or private entities and endorses the Standards for the Establishment and Operation of Ombudsman Offices, dated July 2000.Urges federal, state, local and territorial jurisdictions to adhere to principles concerning biological evidence collected in conjunction with the investigation of a criminal case.

Approved as revised to replace "Disability" with "Incapacity" throughout Standards.

Withdawn

116BADMINISTRATIVE LAW AND REGULATORY PRACTICE SECTION JUDGE ADVOCATES ASSN StC ON ARMED FORCES LAWUrges Congress to expand the jurisdiction of the United States Court of Appeals for the Federal Circuit to include review of all purely legal issues decided by the United States Court of Appeals for Veterans Claims, formerly the Court of Veterans Appeals.

Approved

117COMMISSION ON MULTIDISCIPLINARY PRACTICE
COLORADO BAR ASSN
DENVER BAR ASSN
LAW PRACTICE MANAGEMENT SECTION
SECTION OF TAXATION
Recommends that the ABA Model Rules of Professional Conduct be amended to permit lawyers to share fees and join with nonlawyer professionals in a practice that delivers both legal and nonlegal professional services (Multidisciplinary Practice), provided that the lawyers have the control and authority necessary to assure lawyer independence in the rendering of legal services.

Withdrawn

177ABOARD OF GOVERNORSContinuation of Committees as listed in Board Transmittal Report to the House of Delegates.

Approved

300ALEGAL EDUCATION AND ADMISSIONS TO THE BARConcurs with the action of the Council of the Section of Legal Education and Admissions to the Bar that the University of Nevada-Las Vegas, William S. Boyd School of Law be granted provisional approval by the American Bar Association.

Approved

300BLEGAL EDUCATION AND ADMISSIONS TO THE BARFavors in principle that Congress provide that all revenue generated by fees paid by patent and trademark applicants and owners to the United States Patent and Trademark Office remain with the USPTO without limitation, and specifically, that the Association opposes the withholding or diversion of any such revenue to fund any unrelated programs.

Approved

301SECTION OF INTELLECTUAL PROPERTY LAWConcurs with the action of the Council of the Section of Legal Education and Admissions to the Bar in adopting revisions to the Standards for Approval of Law Schools by the American Bar Association.

Approved

400REPORT WITH RECOMMENDATIONS ON ARCHIVINGRecommends that certain Association policies that pertain to public issues and are 10 years old or older be archived.

Approved as revised (see attached)

If you need additional infomation, Contact:   Bridgette S. Williams    williamb@staff.abanet.org                                                                                      or
                                                                               Rochelle E. Evans    evansre@staff.abanet.org.