Submitting resolutions is the most effective way to obtain ABA support for any policy and enable the ABA to speak publicly on the topic. ABA policy is based on (and limited to) Resolutions that are adopted by a vote of the House of Delegates (HOD) at the ABA Midyear and Annual Meetings. The ABA cannot take a position on any matter unless the HOD has approved a Resolution (policy) on the subject. Any ABA entity (Sections, Commissions, Standing Committees, and state and local bar associations) can sponsor and submit a Resolution to the HOD Committee on Rules and Calendar. The HOD website has helpful, detailed resources for preparing resolutions. This memo briefly outlines key information.
Brief Guide to Drafting and Submitting Resolutions for the ABA House of Delegates
Resolutions Sponsored by CRSJ
Overview
CRSJ sponsors many resolutions at each Midyear and Annual Meeting. Each resolution must be accompanied by a Report explaining why it should be adopted. To obtain CRSJ sponsorship, a final draft of a Resolution and Report first must be approved by a vote of the CRSJ Council. Section Executive Director Paula Shapiro will then distribute the Resolution and Report to all potentially interested ABA entities to invite them to either co-sponsor or vote in support of the resolution. The CRSJ Delegates are responsible for seeking HOD members’ votes, negotiating with other entities who suggest revisions, and managing the presentation of the Resolution in the HOD.
- Begin Early
Preparing an acceptable Resolution and Report can take several months. A final version of both the Resolution and the accompanying Report must be submitted to Executive Director Paula Shapiro at least 2 weeks before a CRSJ Council meeting to give Council members an opportunity to study it before voting. Final CRSJ-Council-approved submissions are typically due to the HOD about 3 months before a Midyear or Annual meeting. Midyear meetings submissions are due to the HOD in early November. Annual Meeting submissions are due in early May. Please do not wait until the last minute; there may not be enough time to get the Resolution and Report approved by the CRSJ Council and submitted to the HOD. - Drafting a Resolution
- First, bring your idea to the CRSJ Resolutions Committee to see if it is appropriate for CRSJ sponsorship and presents a new issue that the ABA has not addressed.
- Check the Greenbook (ABA Policy and Procedures Manual) to see what, if any, ABA policy exists on the same subject matter. Consider whether and how your proposed resolution expands or adds to existing policy. Resolutions adopted since the latest published version of the Greenbook can be found on the ABA House of Delegates website under Files and Reports/Daily Journal (for recent meetings). Policies sponsored or co-sponsored by CRSJ can also be found on the CRSJ website under Recent Section Policy. Click on the highlighted number to read the full Resolution and Report.
- ABA Resolutions and Reports must conform to ABA Standards, including what a Resolution can and cannot state. For example, Resolutions should urge the ABA to support or oppose something specific, such as legislation, standards, or actions. ABA resolutions should not simply “recognize” a problem; they should specify a concrete action. Be as specific as possible. It is usually easier to gain support for a carefully defined action than a broad or vague policy.
- Read the ABA Drafting Guide and Style Manual.
- Consider whether to include other ABA entities in the drafting process. Collaboration often improves the final product and gains supporters.
- Consult your Section Delegates for advice on drafting and formatting text and possible collaborators and supporters: Mark Schickman, [email protected], and Wendy Mariner, [email protected]
- Drafting the Report
- The Report explains why the ABA should adopt the Resolution: what problem exists and how adopting the resolution will remedy the problem in whole or in part.
- If the Resolution has more than one Resolved clause, the Report must provide an argument for (and address known objections to) each Resolved clause, ideally in order. However, the Report should not address any policy that is not specified in the Resolution text.
- Provide references for cases, legislation, and factual statements in footnotes.
- Avoid partisan or hyperbolic language.
- The Report should briefly summarize how the Resolution fits with or adds to existing ABA policy and cite to relevant ABA policy.
- Consult the Section Delegates and the HOD Committee on Drafting Policies and Procedures for advice how to structure the Report and tighten language.
- Finalizing the Resolution and Report
- Make sure the formatting and style conform to ABA Standards. See the 1-page ABA House of Delegates Resolutions with Reports Formatting Checklist.
- The Resolution text usually fits on 1 or 2 pages (single-spaced, 12 pt Arial font, numbered lines).
- The accompanying Report cannot exceed 15 pages (single-spaced, 12 pt Arial font).
- The submission must also include (after the Report) 2 completed forms: the General Information Form; and the Executive Summary. For details, see the ABA Drafting Guide and Style Manual.
- Vote by the CRSJ Council
- When your Resolution and Report are ready, submit it to Executive Director Paula Shapiro and the CRSJ Delegates. Paula will distribute it to the Council members for consideration at the next Council meeting.
- The CRSJ Council may approve or reject the Resolution or it may conditionally approve it provided that certain revisions are made.
- After the CRSJ Council has voted to approve a Resolution for CRSJ sponsorship, Paula will distribute it to other ABA entities that might support it. Some other entities may request revisions to the Resolution or the Report. The Delegates are responsible for considering such requests and have authority to make revisions that do not materially change the resolution’s substance. Material changes must be approved by the CRSJ Council, as well as by all other ABA entities that have agreed to co-sponsor the resolution.
- House of Delegates
- Paula will submit the CRSJ-Council-approved resolution to the HOD Rules and Calendar Committee (R&C). R&C can request revisions to the resolution and/or report. CRSJ has 1 week after R&C approval (or requests for revisions) to make final revisions to the text.
- R&C can approve or disapprove this final submission. If it disapproves, it will not be submitted to the HOD.
- The CRSJ Delegates will manage CRSJ-sponsored resolutions from this point on, including seeking votes for the resolutions, discussing requested post-submission revisions, and obtaining and organizing people to speak in favor of the resolution at the HOD meeting. They often confer with subject matter experts, including relevant committee members.
- Drafters of the resolution should prepare talking points to help advocate for the resolution