August 03, 2020

Resolutions Presented at House of Delegates

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

2020 Annual Meeting Resolutions

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

2020 Midyear Meeting Resolutions

101B

Legally compel the disclosure of internet domain name registrant contact information by any U.S. entity

2019 Annual Meeting Resolutions

10C — Adopted as Revised

Urges all private and public universities and colleges to uphold the principles of free expression on university and college campuses to promote freedom of debate and thought, and to protect that freedom when others attempt to restrict it.

103A — Adopted

Urges Congress to repeal the statutory exclusion of dental care and dentures from Medicare and expressly add coverage of comprehensive dental and oral health services to the Medicare program.

103B — Adopted as Revised

Urges all lawyers who provide estate planning services to include counseling for advance care planning that comports with eight principles that were developed through the John A. Hartford Foundation funded project.

104 — Adopted

Urges Congress to enact legislation to resolve the current stalemate between state and federal law over marijuana regulation and to update federal marijuana policy.

105 — Adopted

Urges state, local, territorial, and tribal governments to enact statutes, rules or regulations and judges to promulgate policies to limit the possession of firearms in courthouses and judicial centers to only those persons necessary to ensure security.

111 — Adopted

Urges the United States Government, state, territorial, and tribal governments to take a leadership role in addressing the issue of climate change and urges Congress to enact and the President to sign appropriate climate change legislation.

115A — Adopted

Urges Congress to ensure that the health care delivered by the Indian Health Service (IHS) is exempt from government shutdowns and federal budget sequestrations on par with the exemptions provided to the Veterans Health Administration.

115B — Adopted as Revised

Urges Congress, states, and territories to enact legislation that would provide stronger remedies and protections against pay discrimination on the basis of sex (including gender and gender identity), race and ethnicity to help overcome the persistent barriers that continue to impede the achievement of pay equity.

115C — Adpoted

Supports the constitutionality of the Indian Child Welfare Act (ICWA) in the effort to strengthen tribal jurisdiction over their child welfare system, uphold tribal kinship and set standards specific for American Indians/ Alaska Natives child and youth placement.

115D — Adpoted

Urges the Department of Justice to retain — as a minimum threshold — existing policy protections, as codified at 28 C.F.R. § 50.10 (2016), that limit federal law enforcement in obtaining information from, or records of, members of the news media, and that limit federal law enforcement in questioning, arresting, or indicting members of the news media.

115E — Adopted

Urges the United States Congress, and local, state, territorial and tribal governments to enact legislation or regulations that require all law enforcement entities to meet training standards set by the Commission on Police Officer and Standard Training (POST) similar to California’s legislation, AB 2504, Peace Officer Training.

117A — Adopted

Urges states, counties, tribal and local governments to enact legislation to ensure that any proceeds they receive from the current opioid litigation be used for remedying the harm resulting from the opioid epidemic.

117B — Adopted

Urges Congress to enact legislation to amend the Ethics in Patient Referrals Act of 1989 (commonly known as the Stark Law) to modernize the law and encourage the adoption of value-based payment arrangements and other coordinated care arrangements that will lower costs to the Medicare program and improve the quality of services to its beneficiaries.

400A — Adopted

Recommends that certain Association policies that pertain to public issues and are 10 years old or older be archived.

2018 Annual Meeting Resolutions

114

ABA Ten Guidelines on Court Fines and Fees, black letter and commentary

2014 Annual Meeting Resolutions

10A — Approved

Urges Congress to amend 28 U.S.C. § 44(c) to insert the phrase “and territory” after the phrase “each state”, so that all states and territories within the jurisdiction of the federal courts of appeal may be represented on its bench.

106 — Approved

Urges state and territorial continuing legal education accrediting agencies to approve for mandatory continuing legal education, law practice skills program and training, including the use of technology, law practice management and client relations and not restrict the maximum number of credit hours that can be earned for such programs.

108  — Approved

Urges all bar associations and foundations, courts, law schools, legal aid organizations and law firms to create and advance initiatives that marshal the resources of newly-admitted lawyers to meet the unmet legal needs of underserved populations in sustainable ways.

113A — Approved

Urges states, localities and territories to develop written contingency plans detailing what should be done to preserve the election process in the event of an emergency.

113B — Approved as Revised

Urges governments to use all appropriate means to improve enforcement of voting rights for persons with disabilities, including by monitoring elections, and urges election officials to ensure that election personnel and volunteers receive accessibility training.

2013 Midyear Meeting Resoultions

104A

Urges Congress to establish an independent federally funded Center for Indigent Defense Services for the purpose of assisting state, local, tribal and territorial governments in carrying out their Constitutional obligation to provide effective assistance of counsel for the defense of the indigent accused in criminal, juvenile, and civil commitment proceedings.

104C

Urges jurisdictions to enact legislation to prohibit the retaliatory discharge of a Chief Public Defender, or other head of an indigent defense services provider, because of his or her good faith effort to prevent acceptance of more clients than the office can competently and diligently represent.

104E

Urges courts to ensure that defense counsel for a juvenile in a criminal or juvenile delinquency proceeding inquires and investigates a juvenile defendant’s immigration status; informs the juvenile defendant about any possible immigration penalties/  consequences and possible relief that may flow from different dispositions of the case; and seeks to minimize adverse immigration consequences according to the best interests of the client.  It further requires judicial warnings about such immigration penalties and/ or consequences without infringing on attorney client privilege and without inquiring into juvenile’s immigration status unless alienage is an element of the charge.  This resolution further urges jurisdictions to provide training to support efforts to provide necessary resources to defense counsel and defender agencies and organizations to provide their noncitizen juvenile clients effective legal representation that effectively and competently discharges their duty to fully address immigration consequences in their representation of juveniles.

104F

Encourages lawmakers to enact laws and regulations and to develop policies that assure that once an individual has been identified as a victim of human trafficking, that individual: should not be prosecuted for crimes related to their prostitution or other non-violent deadly crimes that are a direct result of the individual’s status as a victim of human trafficking; should be housed appropriately; should be provided appropriate protection and should be assured their names and identifying information will not be disclosed to the public.

104I

Encourages the development and implementation of training programs for judges, prosecutors, defense counsel, law enforcement officers, immigration officials and other investigators that will enable them to identify adult and minor victims of human trafficking, enable them to direct victims and their families to agencies that offer social and legal services and benefits designed to assist victims of human trafficking and enable them to communicate effectively with adult and minor victims who have experienced trauma.

109

Supports the position that United States Bankruptcy Judges have the authority: (1) upon the consent of all the parties to the proceeding, to hear, determine, and enter final orders and judgments in those proceedings that, while they may be among those designated as “core” within the meaning of 28 U.S.C. § 157(b), may not be heard and determined by a non-Article III tribunal absent the parties’ consent,  as being consistent with and not violative of Article III of the United States Constitution.

110B

Increase disclosure of political and campaign spending and urges Congress to require organizations that are not already required to do so by current law as interpreted and applied by the Federal Election Commission disclosure.

2012 Annual Meeting Resolutions

112A

Urges lawyers, judges, child welfare agency administrators, legislators, educators and educator regulatory bodies to support the enrollment in and successful completion of postsecondary education by youth in foster care, or those who have been in foster care.

113

Urge the Department of Homeland Security (DHS) to create a Haitian Family Reunification Parole Program for already-approved Haitian beneficiaries of family based visa petitions to expedite their entry to the United States.