2012 YLD Assembly at the ABA Annual Meeting
Friday, August 3 and Saturday, August 4
The Assembly extends great appreciation and thanks to the Assembly's special guests: United States Coast Guard Chicago Recruiting Office Color Guard, organized by Michael Walker (Fed. & Military D.R.); Martin Temple A.M.E. Zion Church Choir for an outstanding National Anthem; The Honorable Lee Bussart Bowles for an inspiring invocation; Former U.S. Solicitor General Theodore B. Olson for an excellent presentation on Saving Our Underfunded Courts; Illinois State Bar President John Thies and Former ABA President Tommy Wells for a great debate on Resolution 10A; Lynne Johnson for an informative presentation on Human Trafficking; Leigh-Ann Buchanan for an excellent presentation on Stand Your Ground statutes; ABA President Wm. T. (Bill) Robinson, III; President-Elect Laurel G. Bellows; ABA HOD Chair Linda A. Klein; FJE Chair Alan S. Kopit; YLD Fellows Chair Pamela A. Bresnahan; KY HOD delegate Roula Allouch; and ABE Vice-President Christopher Griffin.
Six resolutions were debated at the Assembly. The Assembly extends thanks and gratitude to all of the young lawyers who drafted and submitted resolutions for the Assembly's consideration and/or who debated resolutions including: Ross Feldmann (D.C.), Joshu Harris (PA), Christina Liu (IL), Sam Edmunds (MN), Min Cho (FL) and the Florida Bar YLD, Kelly-Ann Clarke (TX), Mark O'Halloran (WA), Lynlee Wells Palmer (AL), Christina Lewis Abate (MO), Dolores Dorsainvil (D.C.), Jon Lomurro (N.J.), Cat DiPaolo (FL), and Dave Scriven-Young (IL).
We certified 201 delegates for the Assembly. Affiliate Roll Call was once again a hit! Thank you Affiliates! Start preparing your introductions for the Midyear Meeting Assembly in Dallas.
2012-2013 ABA YLD and Elections
At the close of the Assembly on August 4, Chris Rogers of Dallas, TX began serving his one-year term as YLD Chair; Mario Sullivan of Chicago, IL began serving his one-year term as YLD Chair-Elect; Jennifer Daugherty, Minneapolis, MN began serving her one-year term as YLD Assembly Speaker.
The following individuals were elected as ABA YLD officers or constitutional representatives for the 2012-2013 bar year: Secretary-Treasurer: Andrew M. Schpak, Portland, OR; Assembly Clerk: Myra L. McKenzie, Bentonville, AR; and House of Delegates Representative: Michael G. Bergmann, Chicago, IL.
Election Notice: The Division will elect the Secretary-Treasurer, Assembly Clerk, two delegates to the ABA House of Delegates, and one Board of Governors Representative Nominee at the ABA Annual Meeting on August 10, 2013, in San Francisco, CA. Eligible individuals must submit their candidacy by written notice to the Secretary-Treasurer, with a copy to the Assembly Speaker, and the Staff Director by the adjournment of the Division’s Assembly Meeting on February 9, 2013 at the ABA Midyear Meeting in Dallas, TX. The written notice must specify a single position sought. There is no special form. It is suggested that a candidate’s statement simply identify the candidate (by name, address, and telephone number) and say, “Please accept this letter as my written notice of candidacy for [title].” More information is available online.
Resolutions for Debate
|This Resolution urges state and territorial bar associations to mandate a certain amount of periodic continuing legal education regarding information technology-related aspects of practicing law, such as instruction on preservation, recovery and discovery of electronically stored information.|
|This Resolution urges federal legislation to support human trafficking victims in expanding the number of transitional and rehabilitative residential options, through offering federal grants to non-profit agencies to transition donated properties to provide housing for human trafficking victims.|
|This Resolution urges all state bar associations to include the following language in their attorney oaths of admission (either verbatim or in substance): "To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications."|
|This resolution urges all state, territorial and tribal branches of government to act within their authority to reconsider any legislation and related policies expanding legal justification for the use of deadly force in self-defense to abrogate any presumption of reasonableness, lack of a requirement that threats justifying deadly force be imminent, and immunity from civil suit.|
Passed as amended
|This resolution urges state and territorial governments to require all judges and justices serving in (i) any state court or (ii) a local court authorized to decide criminal matters or detain individuals, to have been admitted to practice law in the highest court of the State, Commonwealth, Territory or Possession, or the District of Columbia.|
|This Resolution reaffirms the following policy adopted in July 2000: 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. The law governing lawyers that prohibits lawyers from sharing legal fees with non-lawyers and fromdirectly or indirectly transferring to non-lawyers ownership or control over entities practicing law should not be revised.|
All resolutions on the consent calendar were adopted by the YLD Assembly. The ABA House of Delegates (HOD) voted on the HOD resolutions during their Annual Meeting sessions. The House of Delegates’ decisions on these resolutions are listed below. The HOD resolutions are available online.
Recommends that the YLD Bylaws be revised in the form set forth in Resolution 4YL.
Recommends that Articles VI, VII, and XI of the YLD Bylaws relating to the office of Secretary-Treasurer be amended as set forth in Resolution 5YL, with the intention that the amendments take effect with the 2014-2015 bar year.
Removed from Consent
|Recommends that Sections 1.3, 5 and 6 of the Assembly Standing Rules be amended as set forth in Resolution 6YL.|
Adopts the Guidelines for Retention of Experts by Lawyer
Defeated as Revised
Adopts the ABA Civil Immigration Detention Standard
Amends the black letter and Comments to Model Rules 1.0, 1.6 and 4.4, 1.1 and 1.4.
Adopted as Revised
Amends Model Rules 1.18 and 7.3, and the 7.1, 7.2 and 5.5.
Amends the Comments to Model Rules 1.1, 5.3 and 5.5.
Adopts the Model Rule on Practice Pending Admission and Comment to Rule 5.5.
Amends the ABA Model Rule for Admission by Motion.
Amends Model Rule 1.6 and Model Rule 1.17.
Removed from Consent
Urges review child sexual abuse statutes of limitations.
Adopted as Revised
Urges prosecutors to protect the public through traditional functions.
Adopted as Revised
Amends the Accreditation Standards for Specialty Certification Programs for Lawyers
Urges Model Contract Language from the Federal Acquisition Regulatory Council
Urges Secondary Education Completion for Youth in Foster Care
Urges Creation of the Hatian Family Reunification Parole Program
|Recent developments in Supreme Court jurisprudence have increased concern about judicial disqualification procedures in state courts. In particular, some have questioned whether current procedures appropriately safeguard the public’s reliance o the judiciary’s fairness, impartiality, and decisional independence. Despite the best efforts of many, it has proven challenging if not impossible to design an effective and appropriate set of guiding principles both to protect the public interest and to provide meaningful guidance to judges who are tasked with interpreting and applying those guidelines. It has been concluded that treatment of these principles by use of a Model Rule or Code may be unworkable. This resolution urges that adoption of procedures to disqualify or recuse judges from participation in particular matters should be relegate to the various states and territories, while recognizing that doing so should be a function of the judicial branch’s authority over its own self-governance.|
Removed from Consent
U.S. Army: Captain Jason S. Ballard
U.S. Navy: Lieutenant Brian C. Haagensen
U.S. Air Force: Major Charles J. Hebner
U.S. Marines Corps: Captain Anthony T. Garofano
U.S. Coast Guard: Lieutenant Bryan R. Blackmore
ROSNER & ROSNER YOUNG LAWYERS PROFESSIONALISM AWARD
Dolores Dorsainvil, Senior Staff Attorney, D.C. Office of Bar Counsel, Washington, D.C.
CHILD ADVOCACY AWARD
Young Lawyer: Ian Spechler, Austin TX, Attorney, Legal Representation for Dually Managed Youth Project and Disability Rights
Distinguished Lawyer: James Bell, San Francisco, CA, Founder and Executive Director of the W. Haywood Burns Institute
Outstanding Public Service Project Award: Texas Young Lawyers Association, The Unconscious Truth-Physical and Legal Effects of Underage Binge Drinking
Service to the Bar Award: Oregon New Lawyers Division, From Pro Se to Pro Bono: Connecting New Lawyers with People in Need
The complete list of winners is available online.
2011-2012: A Year-In-Review
Public Service. This year, the YLD’s public service project was “Project Salute: Young Lawyers Serving Veterans.” The project was modeled after the University of Detroit Mercy School of Law’s Project SALUTE. Through this project, young lawyers help educate veterans about the federal benefits they are entitled to and assist them in understanding the process for obtaining those benefits. The project was implemented at each of the YLD’s national conferences, and the project was rolled out to all of the YLD’s affiliates across the nation. The Division was honored to receive the ABA Section Officers Conference Meritorious Service Award for this project.
Additionally, through its continued Disaster Legal Services partnership with FEMA (DLS), volunteer lawyers have helped serve disaster victims in 13 federally declared disasters in 11 states. To formally express the YLD’s continued commitment to its DLS program and to expand the YLD’s DLS efforts to include the U.S. territories, the YLD’s Chair, Administrative Director, Public Service Director and Disaster Legal Services Director signed a Statement on Disaster Legal Services.
Diversity Outreach. The YLD featured several diversity initiatives this year in addition to our ongoing Scholars Program and diversity outreach efforts at our national conferences. For our Spring Conference in Nashville, TN, the YLD was joined by the Center for Racial & Ethnic Diversity and its entities. The Spring Conference had a fantastic array of diversity-focused programming, including a panel that featured former White House Counsel, Harriet Miers; former Secretary of Energy, Hazel O’Leary and Nashville civil rights attorney, George Barrett. There was also a Town Hall Forum on Gender Equality featuring ABA President Laurel Bellows. Representatives from the YLD’s four National Affiliate organizations (Hispanic Bar Association YLD, National Bar Association YLD, National Asian Pacific Bar Association YLD, and National LGBT Association) signed a Statement of Collaboration to ensure increased future coordination and collaboration among the YLD and those organizations. Four affiliates were also recognized for their exceptional pipeline diversity projects through the Next Steps Challenge, with two affiliates receiving special subgrants to help them continue or expand their projects.
Member Service. Through this year’s member service project, the Career Development Initiative (CDI), the YLD has been providing relevant career information and resources for members of the ABA YLD on likely career transitions made by young lawyers during their early career. Each month, the YLD’s website and The Young Lawyer featured a particular career transition, such as graduating from law student to lawyer; embarking on the path to the judiciary; making partner; going solo; going in-house, and others. The YLD initiated several other new member benefits this bar year. We developed a pilot mentoring program, which began connecting current YLD leaders with YLD Fellows. Also new this year, the YLD offered Thursday programming at our Fall and Spring Conferences, which proved very popular.
In addition, throughout the bar year, the YLD continued to enhance several other member benefits for its nearly 130,000 young lawyer members. The YLD’s member print publication, The Young Lawyer, continues to be a valuable resource but will undergo significant improvements in the next bar year to ensure that the YLD is providing its members with the tools they need to succeed. In addition, the YLD’s committees continue to be the lifeblood of YLD programming, both at conferences and in teleconferences. In-person programming this year was wildly successful and practically standing-room only. The YLD also held a Committee Showcase event at the Midyear Meeting, which highlighted the great work of YLD committees and encouraged greater committee involvement from YLD members. At the Annual Meeting, the Section Connect event introduced YLD members to the various opportunities provided by other ABA sections, divisions, and forums.
Law Day Activities. The YLD continued the annual Law Day Video Competition, which provides a wonderful opportunity for high school students to learn about our legal system, get creative and win an educational trip to Washington, D.C. The theme for the 2012 competition was “No Courts, No Justice, No Freedom.” Students highlighted the role of our nation’s courts in our constitutional democracy to foster public understanding of the judiciary.
Affiliate Outreach. Through the YLD Affiliate Assistance Team and The Affiliate, the YLD’s newsletter for young lawyer affiliate leaders, the YLD continues to be a resource for young lawyer affiliates across the country. At the Fall and Spring Conferences, the YLD featured Affiliate Showcases to highlight the great work being done by its young lawyer affiliates, including its international affiliates at the Spring Conference. The YLD’s international counterparts continue to increase their participation in the YLD. The ABA YLD now has four international affiliates: the Young Bar Association of Montreal; the Young Bar of Quebec, the European Young Bar Association, and the Young Lawyers Section of the Canadian Bar Association. During the Spring Conference, leaders from each of these organizations joined 2011-12 YLD Chair Michael G. Bergmann in signing a Statement of Collaboration to guide coordinated efforts for the future.
The YLD plans to continue and expand its efforts in public service, member service, and membership efforts on behalf of the greater Association. Here are some of the highlights you can expect to see from the YLD next year:
American Voter.The YLD’s public service project for the fall will focus on educating new voters (high school students) about the history of voting rights in our country and will encourage them to become lifelong voters. The YLD is going high-tech for this project, which features video, web, mobile, and social media components. The goal is to have this project implemented in all 50 states by the elections in November. Also, through this project we are promoting the efforts of the ABA Standing Committee on Election Law by encouraging our young lawyer members to consider volunteering as election monitors or poll watchers.
Section Connect. The ABA YLD has played a leadership role in membership issues with its outreach to new bar admittees through Touch 10,000 and other programs. This year, we will build on those efforts through a whole new approach to the ABA YLD’s core membership function. Section Connect will involve collecting information from each section, division, and forum within the ABA and compiling it into a Best of the ABA product for targeted YLD members.
Affiliate Project Database and Spotlight on Service. This year, we are going back in time to build a database containing all of the best-of-the-best public service projects created by the ABA YLD and our affiliates. We hope these resources will help affiliates to liberally borrow from the work done by our predecessors and not “reinvent the wheel” in addressing some of the most important issues our profession and our communities face. The very best project ideas will be featured in a regular Spotlight on Service email series to our current and future affiliate leaders to better help them in their planning for bar years to come.
The Career Development Initiative (CDI). Over the last year, the YLD has built a considerable knowledgebase of tools and resources for young lawyers to chart their own career paths, with a monthly focus on different career paths, including Path to the Judiciary, Going Solo, Building International Relationships and Business, Making Partner or Going In-House, and many more. During this year, we are going to expand the offerings of the CDI to focus directly on law students and young lawyers who do not have jobs, or do not have the jobs they want and give them as many tools, resources, and suggestions as possible to help them find a foothold in the practice of law.
The Next Steps Challenge, Season Two. We are presenting the second annual Next Steps Challenge, a tremendously successful program aimed at increasing diversity in the pipeline to the legal profession. Through the Next Steps Challenge, young lawyer organizations share information about existing projects and new programs designed to increase diversity in the pipeline to the legal profession. Top programs will be showcased at the ABA YLD Spring Conference and subgrants will be awarded to the young lawyer organizations with the nation’s top programs. The Next Steps Challenge is being conducted in conjunction with the Center on Racial and Ethnic Diversity and is sponsored by Walmart.
2012-2013 National Conferences & Meetings
Fall Conference—Charleston, SC (October 18-20, 2012)
ABA Midyear Meeting—Dallas, TX (February 7-9, 2013)
Spring Conference—Minneapolis, MN (May 16-18, 2013)
ABA Annual Meeting—San Francisco, CA (August 8-10, 2013)
Next Assembly: Feb. 9 at the 2013 ABA Midyear Meeting in Dallas, TX
Call For Resolutions: Do you or your affiliate have a great idea for debate? Do you want to take an active role in issues that directly affect young lawyers? Submit your resolution via the YLD's new online Resolution Proposal Form. If you are not sure what a resolution looks like or what resolutions have been debated at previous meetings of the YLD Assembly, the proposal form has links to drafting procedures and past Assembly agendas. YLD Speaker Jennifer Daugherty and the Resolutions Team are also available to assist you with all aspects of drafting and presenting your resolution. You can contact Jennifer with any questions. Don't delay - the deadline for resolutions is Dec. 15.
Delegate Certification: Make sure your state, national affiliate or military branch is fully represented at the Midyear Meeting YLD Assembly:
Dec. 1: deadline for local affiliates to submit delegate information to their state affiliate.
Dec. 15: deadline for state affiliates, national affiliates and military affiliates to submit their delegate information to the ABA YLD via the online Delegate Certification Form.
Note: The following information is needed for each delegate: name, contact information including email address, ABA ID #, birth date, and whether he or she qualifies under ABA YLD bylaws or the organization’s bylaws. If you have any questions regarding delegate certification, contact Assembly Clerk Myra McKenzie.
Additional information about the YLD Assembly and Delegate Certification is also available online.