Washington Letter March 2015

Featured Articles

Health

ABA joins with health care organizations in call to action to fight gun violence

ABA President William C. Hubbard recently announced that the ABA has joined with eight national health care organizations in a call to action to address the public health crisis of gun violence in the United States and to apply public health approaches to curtailing such violence.

Practice Management

House panel revives debate on Rule 11 sanctions

Witnesses appearing March 17 before the House Judiciary Subcommittee on the Constitution and Civil Justice offered opposing views on H.R. 758, a bill that would amend Rule 11 of the Federal Rules of Civil Procedure to require, rather than permit, the imposition of monetary sanctions against lawyers for filing non-meritorious claims. In a March 23 letter submitted for the hearing record, ABA Governmental Affairs Director Thomas M. Susman wrote that the ABA disagrees with the assertion by supporters that there has been a significant increase in the filing of non-meritorious litigation in the 20 years since the rule was revised to permit the discretionary imposition of sanctions.

Bias & Discrimination

ABA supports collection of data for annual Equal Pay Report

The ABA recently applauded the goals of a proposed rule for collecting summary pay data from federal contractors and subcontractors to better target activities of the Office of Federal Contract Compliance Programs (OFCCP).

Criminal

Reforms needed for sentencing guidelines for economic crimes

ABA Criminal Justice Section Chair James E. Felman urged the U.S. Sentencing Commission during a March 12 hearing to improve on the proposed amendments to its sentencing guidelines for economic crimes. As “the result of endless upward ratcheting,” Felman said, guidelines for high-loss economic crimes point to long or life sentences without parole, regardless of the defendant’s past criminal history.

Government Benefits

ABA urges reallocation of payroll tax revenues to preserve retirement and disability trust funds

The ABA urged the Senate Finance Committee leadership Feb. 19 to reject recent House action and support the ability of the government to reallocate payroll tax revenues between the Social Security Old-Age and Survivors Insurance Trust fund (OASI) and the Disability Insurance Trust fund (DI) as needed to prevent depletion of either of the trust fund reserves.

Bias & Discrimination

America at a “crossroads”

Federal Bureau of Investigation Director James B. Comey recently called for frank and open conversations about the hard truths law enforcement must confront regarding race in light of recent events in Ferguson and other places in the country.

Legislation & Lobbying

Colorado bill would have interfered with witness interviews

After the ABA expressed concerns this month that a bill pending in the Colorado House Judiciary Committee would have interfered with the duty of defense teams to seek to interview witnesses, the committee approved an amended bill March 17 that is in line with ABA policy and standards. The bill, House Bill 15-1218, addresses Defense-Initiated Victim Outreach (DIVO), which provides a process by which defense teams can meet with victim survivors and family members who also may be potential witnesses.

Death Penalty

Florida Death Penalty

ABA President William C. Hubbard conveyed the ABA’s support this month for death penalty legislation pending in the Florida Senate and House of Representatives that would bring Florida’s death penalty laws into compliance with several ABA standards and policy.

Legislation & Lobbying

Solitary Confinement

The Board of Correction for New York City approved a plan in January to amend the Minimum Standards relating to facilities operated by the city’s Department of Correction.

Rule Of Law

Magna Carta

Magna Carta is celebrating its 800th anniversary this year, and the ABA Division for Public Education has launched a new website with the support of the Magna Carta Trust.

American Bar Association TM American Bar Association