August 03, 2020 2020 ABA Annual Meeting

Resolutions Presented at House of Delegates

Co-sponsored by the Section of State & Local Government Law

10G — Approved

Urges the highest court or bar admission 2 authority of each jurisdiction to cancel and to not administer any in-person bar 3 examination during the COVID-19 pandemic until and unless public health authorities 4 determine that the examination can be administered in a manner that ensures the health 5 and safety of bar applicants, proctors, other staff, and local communities.

100B — Approved

Supports the interpretation that “race,” as included in antidiscrimination statutes, be not limited to the color of one’s skin, but rather, includes other physical and cultural characteristics associated with race; urges federal, state, local, territorial, and tribal governments to enact legislation banning race discrimination on the basis of the texture, style, or appearance of a person’s hair; encourages all federal, state, tribal, territorial, and local court systems, in conjunction with state, territorial, tribal and local bar associations, to carefully review their discrimination policies and provide implicit bias training to eradicate discrimination on the basis of the texture, style, or appearance of a person’s hair; and supports enactment of the Creating a Respectful and Open World for Natural Hair Act of 2019 (S. 3167, H.R. 5309, 116th Congress) or similar legislation that advances antidiscrimination on the basis of the texture, style, or appearance of a person’s hair.
Sponsored by Young Lawyers Division, Section of Civil Rights & Social Justice, Law Student Division, Section of State & Local Government Law, Criminal Justice Section

101 — Approved

Adopts the American Bar Association Election Administration Guidelines and Commentary, dated August 2020, supplanting all earlier versions; recommends that all election officials ensure the integrity of the election process through the adoption, use, and enforcement of the Guidelines; and urges that federal, state, local, territorial, and tribal governments provide state, local, territorial, and tribal election authorities with adequate funding to implement the Guidelines and Commentary.
Sponsored by Standing Committee on Election Law, Section of Civil Rights & Social Justice, Commission on Disability Rights, Senior Lawyers Division, Section of State & Local Government Law

110 — Approved

Urges Congress and the Administration to require the Department of Veterans Affairs (VA) to remove regulatory barriers to full accreditation of Tribal Veterans Service Officers (TVSOs); provide sufficient federal funding for establishing and operating TVSOs where a tribal community is economically disadvantaged; and urges that when the Department of Veterans Affairs promulgates rules and regulations governing agent accreditation or the administration of programs, benefits, treatment, and services for veterans on Tribal land, the proposals be culturally competent, acknowledge the status of federally-recognized tribes as domestic dependent sovereigns, and be consistent with prevailing laws of sovereignty.
Sponsored by Standing Committee on Legal Assistance for Military Personnel, Commission on Homelessness & Poverty, Section of Civil Rights & Social Justice, Section of State & Local Government Law

116B — Approved as Revised

Urges federal, state, local, territorial, and tribal governments to: 1) adopt and enforce fair lending laws and other federal, state and local laws targeting unfair or deceptive acts or practices, 2) adopt laws and policies that promote the adoption of an enhanced nondiscrimination compliance system for a vehicle loan, 3) adopt legislation requiring the timely notice and disclosure of pricing of add-on products by dealers on each vehicle through reasonable means; urges Congress to amend the Equal Credit Opportunity Act to require documentation and collection of the applicant’s race, gender or national origin for non-mortgage credit transactions, specifically for vehicle transactions; and encourages state, local, territorial and tribal bar associations to offer educational programming and materials to lawyers and consumers to help them understand and navigate purchases and financing of vehicles.
Section of Civil Rights & Social Justice, Section of State & Local Government Law, Commission on Homelessness & Poverty

116E — Approved

Urges federal, state, local, territorial and tribal governments to: 1) enact and enforce legislation directing law enforcement officials and election officials to establish a protocol where pretrial detainees, who are eligible to register to vote or vote in the jurisdiction in which they are detained are given the opportunity to register to vote and cast ballots in their respective federal, state, and local elections; and 2) promulgate and enforce regulations that facilitate the participation of such pretrial detainees in all federal, state, local, and special elections, including the ability to register to vote, obtain a ballot, and have that ballot delivered to the appropriate elections office.
Sponsored by Section of Civil Rights & Social Justice, Criminal Justice Section, Section of State & Local Government Law, Standing Committee on Legal Aid & Indigent Defendants, Coalition on Racial & Ethnic Justice

116G — Approved

Urges that, in all states, territories and tribes, the highest courts or legislative bodies charged with the administration of justice, admission to the bar, or regulation of the legal profession, require that lawyers, judges, commissioners, referees, probation officers, and court personnel whose job requires interacting with the public receive periodic training regarding implicit biases that addresses, at minimum: sex, race, color, religion, ancestry, national origin, ethnic group identification, age, disability, medical condition, genetic information, marital status, sexual orientation, gender expression and gender identity; and urges that, in all states, territories, and tribes, the highest courts or legislative bodies, or agencies and boards that license and regulate the medical profession or social service professions, require that medical professionals and social service professionals who work with the public receive periodic training regarding the implicit biases previously noted.
Sponsored by Section of Civil Rights & Social Justice, Section of State & Local Government Law, Commission on Hispanic Legal Rights & Responsibilities Commission on Sexual Orientation & Gender Identity, Council for Diversity in the Educational Pipeline, Coalition on Racial & Ethnic Justice, Commission on Disability Rights, Center for Human Rights

300A — Approved

Recommends that Congress, state and local governments, election officials, and private sector entities to address the spread of disinformation that interferes with voting and other core electoral processes and to protect democratic institutions in the U.S.
Sponsored by Cybersecurity Legal Task Force, Standing Committee on Law & National Security, Science & Technology Law Section, Standing Committee on Election Law, Section of State & Local Government Law, Section of Civil Rights & Social Justice, Senior Lawyers Division, Criminal Justice Section, Standing Committee on Public Education

300B — Approved

Urges federal, state, local, territorial, and tribal governments and private sector entities to promote digital literacy, civic education, and public awareness to build societal resilience to domestic and foreign malign disinformation operations.
Sponsored by Cybersecurity Legal Task Force, Standing Committee on Law & National Security, Standing Committee on Public Education, Science & Technology Law Section, Section of State & Local Government Law, Standing Committee on Election Law, Section of Civil Rights & Social Justice, Senior Lawyers Division, Criminal Justice Section

301B — Approved

Urges the American Bar Association to, consistent with its demonstrated values, propose Juneteenth be recognized as a national, paid legal holiday.
Section of Civil Rights & Social Justice, Coalition on Racial & Ethnic Justice, Commission on Homelessness & Poverty, Commission on Disability Rights, Commission on Domestic & Sexual Violence, Commission on Hispanic Legal Rights & Responsibilities, Commission on Sexual Orientation & Gender Identity, Criminal Justice Section, Section of State & Local Government Law, California Lawyers Association