Policy Implementation

This list identifies resolutions adopted by the House of Delegates at its January 2019 Midyear Meeting.

For prior meetings, see the ABA House of Delegates website.

Report No. 10B

Condemns federal government shutdowns which impair the legal system and undermine the Rule of Law.

Full text and report

For more information, please contact:
Denise Cardman
Deputy Director
(202) 662-1761
denise.cardman@americanbar.org

Report No. 10C

Opposes the withholding of funds previously appropriated by Congress for disaster relief and recovery, or their diversion for other purposes, and reaffirms support for the Principles of Rule of Law in Time of Major Disaster

Full text and report

For more information, please contact:
David Eppstein
Legislative Counsel
(202) 662-1766
david.eppstein@americanbar.org

Report No. 100

Adopts the ABA Guidelines for the Appointment and Use of Special Masters in Federal and State Civil Litigation, dated January 2019, and recommends that Bankruptcy Rule 9031 be amended to permit courts responsible for matters under the Bankruptcy Code to use special masters in the same way as they are used in other federal cases.

Full text and report

For more information, please contact:
Denise Cardman
Deputy Director
(202) 662-1761
denise.cardman@americanbar.org

Report No. 101A

Encourages federal, state, local, territorial, and tribal legislatures and court systems, in conjunction with state and local bar associations, to support and assist with the establishment and maintenance of lactation areas in courthouses for members of the public, including lawyers, jurors, litigants, witnesses, and observers.

Full text and report

For more information, please contact:
Denise Cardman
Deputy Director
(202) 662-1761
denise.cardman@americanbar.org

Report No. 101B

Urges the enactment of a rule by the highest courts or legislative bodies of all states, territories, and tribes charged with the regulation of the legal profession, as well as by all federal courts, providing that a motion for continuance based on parental leave of either the lead attorney or another integrally involved attorney in the matter shall be granted under certain conditions.

Full text and report

For more information, please contact:
Denise Cardman
Deputy Director
(202) 662-1761
denise.cardman@americanbar.org

Report No. 104

Encourages a consistent approach to the application of the “fair use” doctrine in copyright law in the context of the digital environment and with respect to repackaging copyrighted material.

Full text and report

For more information, please contact:
Kira Alvarez
Legislative Consultant
(202) 662-1779
kira.alvarez@americanbar.org

Report No. 106A

Opposes laws that would authorize teachers, principals or other nonsecurity school personnel to possess a firearm in, or in the vicinity of, a pre-K through grade 12 public, parochial, or private school, and the use of government or public funds to provide firearms training to teachers, principals, or other non-security school personnel, or to purchase firearms for those individuals.

Full text and report

For more information, please contact:
Holly Cook
Director
(202) 662-1860
holly.cook@americanbar.org

Report No. 106B

Urges federal, state, local, territorial and tribal governments to reduce potential harm that individuals may inflict on themselves or others by enacting statutes, rules, or regulations allowing individuals to temporarily prevent themselves from purchasing firearms.

Full text and report

For more information, please contact:
Holly Cook
Director
(202) 662-1860
holly.cook@americanbar.org

Report No. 107A

Urges the federal judiciary, Congress, and the Department of Homeland Security to enact legislation and adopt policies to protect the privacy interests of those crossing the border by imposing standards for searches and seizures of electronic devices, protection of attorney-client privilege, the work product doctrine, and lawyer-client confidentiality.

Full text and report

For more information, please contact:
Larson Frisby
Associate Director
(202) 662-1098
larson.frisby@americanbar.org

Report No. 107B

Urges legal employers not to require pre-dispute mandatory arbitration of claims of unlawful discrimination, harassment or retaliation based upon race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity or expression, marital status, or status as a victim of domestic or sexual violence.

Full text and report

For more information, please contact:
Larson Frisby
Associate Director
(202) 662-1098
Larson.Frisby@americanbar.org

Report No. 108

Urges the American Bar Association to adopt and federal, state, local, territorial, and tribal courts, governmental entities, bar associations, public health agencies, lawyer assistance programs, lawyer regulatory entities, institutions of legal education, and law firms to implement the recommendations and action points in the report, Experienced Lawyers, American Families, and the Opioid Crisis–Report of the Opioid Summit May 2018.

Full text and report

For more information, please contact:
David Eppstein
Legislative Counsel
(202) 662-1766
david.eppstein@americanbar.org

Report No. 109A

Urges the Attorney General to rescind the “Zero Tolerance” and “Operation Streamline policies” that mandate the prosecution of all persons alleged to have improperly entered the United States for the first time, a misdemeanor under 8 U.S.C. 1325; end the practice of expedited mass prosecution of immigrants; and allow for an individualized determination in deciding whether to file criminal charges

Full text and report

For more information, please contact:
Kristi Gaines
Senior Legislative Counsel
(202) 662-1763
Kristi.Gaines@americanbar.org

Report No. 109B

Urges federal, state, local, territorial and tribal legislatures to define criminal arrests, charges and dispositions that are eligible for expungement or removal from public view by sealing, and set out procedures for individuals to apply for the same.

Full text and report

For more information, please contact:
Ken Goldsmith
Senior Legislative Counsel
(202) 662-1789
kenneth.goldsmith@americanbar.org

Report No. 109C

Urges federal, state, local, territorial and tribal legislatures to enact legislation, and correctional and detention facilities to enact policies, to provide all women prisoners in all forms of detention with unrestricted access to free toilet paper and a range of free feminine hygiene products, in sufficient quantities to address their needs.

Full text and report

For more information, please contact:
Ken Goldsmith
Senior Legislative Counsel
(202) 662-1789
kenneth.goldsmith@americanbar.org

Report No. 109D

Urges federal, state, local, territorial and tribal legislatures to amend existing laws or enact new laws to clearly define child torture and make child torture a felony offense regardless of whether a serious physical injury occurs, and to promote training, for all court and medical personnel in these cases, on emerging evidence-based and effective practices to improve government responsiveness to severe maltreatment of children that does not inflict serious bodily injury.

Full text and report

For more information, please contact:
Ken Goldsmith
Senior Legislative Counsel
(202) 662-1789
kenneth.goldsmith@americanbar.org

Report No. 112

Urges Congress and the United States Department of Defense to direct the Armed Forces and its Public Private Venture housing contractors to enact uniform breed-neutral pet policies for families living in military housing.

Full text and report

For more information, please contact:
Holly Cook
Director
(202) 662-1860
holly.cook@americanbar.org

Report No. 113

Opposes laws, regulations, and rules or practices that discriminate against LGBT individuals in the exercise of the fundamental right to parent; urges lawmakers in jurisdictions where such discriminatory laws, regulations, and practices exist to promptly repeal them; and urges bar associations and attorneys to defend victims of anti-LGBT discrimination, and to recognize and support their colleagues taking on this work.

Full text and report

For more information, please contact:
Tom Susman
Strategic Advisor
(202) 662-1765
thomas.susman@americanbar.org

Report No. 114

Urges Congress to enact the federal Equality Act, H.R. 2282 (115th Congress), or similar legislation which explicitly affirms that: (1) discrimination because of sexual orientation or gender identity is sex discrimination prohibited by the Civil Rights Act of 1964 and certain other federal statutes; and (2) federal statutory protections for religious freedom do not authorize violation of nondiscrimination laws, and affirms that religiously neutral laws of general applicability prohibiting discrimination based on sexual orientation or gender identity do not improperly burden the religious free exercise rights of those operating places of public accommodation.

Full text and report

For more information, please contact:
Tom Susman
Strategic Advisor
(202) 662-1765
thomas.susman@americanbar.org

Report No. 115

Opposes the imposition upon sexual assault victims of a legal burden of resistance before legal protection attaches, and urges federal, state, local, territorial, and tribal jurisdictions to oppose, laws or rules that allow consent to sexual activity to be inferred in whole or in part from inaction or lack of verbal or physical resistance.

Full text and report

For more information, please contact:
David Eppstein
Legislative Counsel
(202) 662-1766
david.eppstein@americanbar.org

Report No. 116

Encourages states and entities working to implement the Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration to take additional steps to address root causes of displacement and forced migration, develop policies that discourage the criminal prosecution of migrants and refugees, encourage the accountable use of prosecutorial discretion, and protect migrants and refugees from bias and discrimination regardless of gender, race, sexual orientation, sexual identity, national origin, and religion.

Full text and report

For more information, please contact:
Kristi Gaines
Senior Legislative Counsel
(202) 662-1763
Kristi.Gaines@americanbar.org