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    2020 ABA YLD Annual Meeting Assembly

    We are excited to bring you the first ever Young Lawyers Division Virtual Assembly. To vote in the Assembly, you must have been certified as a Delegate.  Please note that delegates must be ABA members and registered for the ABA Annual Meeting.

    To help you better prepare for this virtual session here are some best practices to remember:

    The YLD Assembly will be streamed live on the ABA Annual meeting website.  If you are interested in viewing as a spectator, you must register online.

    2020 Important Documents

    Meeting and Assembly Rules

    Watch the 2020 YLD Assembly

    Policy Matters

    The Young Lawyers Division had a busy ABA Annual Meeting and a successful, first-of-its-kind virtual Assembly. Young lawyer delegates came together from across the country to speak with debate resolutions of importance for the legal profession, but also to speak with one voice in the end. The Division adopted 19 resolutions, of which 15 were House of Delegates (HOD) Resolutions. These 15 resolutions were among those that were ultimately adopted by the House during its session on August 3 and 4, 2020, and have officially become ABA policy. 

    Of particular interest to our affiliates are the following resolutions, which the YLD was instrumental and drafting and supporting, all of which were adopted:

    • Resolution 100A urges all employers in the legal 1 profession to implement, maintain, and encourage the use of paid family leave policies for the birth, adoption, or foster placement of a child;
    • Resolution 100B supports the interpretation that "race" includes characteristics associated with race, not just skin color, and also supports the adoption of the CROWN Act and similar legislation;
    • Resolution 10D called for an extension of student loan forbearance during the pandemic, lessening the crushing debt load on young professionals; and
    • Resolution 10G asks the highest court or bar admission authority in each state or other licensing jurisdiction to cancel or not administer in person the examination during the COVID-19 crisis unless cleared by public health authorities. The resolution offers several alternative approaches to the bar exam, including a diploma privilege during the crisis.

    Before the dust had settled on the Annual Meeting, the Nevada Supreme Court cited Resolution 10G in order about the Nevada bar exam, and the ABA President sent a letter to all chief justices in the country pointing them to Resolution 10G.

    YLD Governance Matters

    In addition to policy debates on August 1, new YLD leaders were elected as well. The slate of elected officers and constitutional representatives can be found here, along with information about how to run for office this year. At the ABA Annual Meeting in August, 2021, the Division will elect its next Assembly Clerk, Secretary, and one (1) representative to the ABA House of Delegates. Declarations can be made for these offices until the end of the Midyear 2021 meeting. Stay tuned to YLD social media for updates about coming candidate interest calls, candidate forums, and more.

    You will also, later this year, hear from Assembly Clerk Abre' Conner and her Credentials Board as we prepare for the February 2021 Midyear Meeting and Assembly. Credentials for the 2021 Midyear Meeting will tentatively open on December 15, 2020 and close on February 1, 2021. More information will be communicated as available.

    Resolutions For Debate

    Resolution 10G – Urging Bar Examiners to take Emergency Measures with Regards to the Bar Exam

    • Urges jurisdictions to temporarily cancel in-person bar exams, encourages the establishment of emergency measures to license law school graduates, among offering other guidance for bar exam administration.
    • View the resolution

    YLD Resolution 20-9YL- Addressing District Representatives Selection & Responsibilities

    • Submitted by the YLD Long-Range Planning Board
    • This resolution amends the ABA YLD’s Bylaws to accomplish the goals of: (1) clarifying the role of District Representatives, (2) removing ambiguity in the processes applicable to District Representatives, and (3) clarify the process by which District Representatives are appoint by Affiliates. District Representatives are a vital part of the ABA YLD and increasing the effectiveness of these officers allows the YLD to better serve its members.
    • View the resolution.

    YLD Resolution 20-8YL- Mandatory Ethics Rules for Supreme Court Justices

    • Submitted by Josephine Bahn
    • This resolution urges that the Code of Conduct for United States Judges apply to United States Supreme Court Justices.  The Code goes beyond basic ethical requirements to create uniformity regarding recusals and participation in political activities.  This would seek to address that limitation applicability to the United States Supreme Court.
    • View the resolution.

    HOD Resolution 100B– Crown Act: End Black Hair Discrimination

    • Submitted by the Young Lawyers Division, Section of Civil Rights & Social Justice, Law Student Division, Section of State & Local Government & Criminal Justice Section
    • This resolution urges that the interpretation of “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.
    • View the resolution.

    Resolution 301A - Qualified Immunity in Civil Actions Against Law Enforcement Officers

    • Submitted by the Section of Civil Rights and Social Justice; Coalition on Racial and Ethnic Justice; Commission on Homelessness & Poverty; Commission on Disability Rights; Commission on Domestic & Sexual Violence; Commission on Racial & Ethnic Diversity in the Profession; Commission on Sexual Orientation and Gender Identity; and Commission on Hispanic Legal Rights and Responsibilities
    • This resolution urges federal, state, local, tribal, and territorial governments to enact legislation to eliminate or substantially curtail the defense of qualified immunity in civil actions brought against law enforcement officers to redress deprivations of rights, privileges, and immunities secured by the Constitution and laws of the United States or any State or Territory.
    • View the resolution.

    Consent Calendar

    YLD Resolution 20-6YL- Encouraging Respect Within the Court System of Participants’ Gender Identities & Pronouns

    • Submitted by the YLD Sexual Orientation & Gender Identity Committee
    • This resolution urges respect for the gender identities and pronouns of participants within the legal profession and justice system, which will make those systems more welcoming to (and less exclusionary toward) individuals of all gender identities, ultimately helping to effectuate Goal III of the American Bar Association Mission and encourages judiciaries to draft and implement rules supporting the same.
    • View the resolution.

    YLD Resolution 20-7YL- Continuity of Judicial Sexual Harassment Discipline

    • Submitted by Chris Jennison, Peter Handy & Spencer Rubin
    • This resolution urges an end of current interpretations of a statute by the federal judiciary that purportedly limits the time for which a judge can be investigated if they retire or resign. This would seek to address that limitation on misconduct investigations.
    • View the resolution.

    HOD Resolution 10B– Urging An Interpretation of the Equal Protection Clause Which Confers SSI Benefits to All Eligible Americans

    • Submitted by Virgin Islands Bar Association
    • This resolution supports an interpretation of the Equal Protection Clause of the Fifth Amendment which would guarantee that all Americans residing in all United States territories who are otherwise eligible to receive federal benefits under the SSI program are entitled to receive them. It further supports the adoption of the Supplemental Security Income Equality Act (H.R. 947) and similar legislation to extend SSI benefits to all eligible persons in the fifty states, the District of Columbia, the U.S. Virgin Islands, Puerto Rico, Guam, and the Northern Mariana Islands.
    • View the resolution.

    HOD Resolution 10C- Urging Participation of Citizens in American Territories to Vote in National Elections

    • Submitted by Virgin Islands Bar Association
    • The resolution reaffirms prior ABA policy supporting an amendment to the United States Constitution to provide for participation of citizens in American territories to vote in national elections. It further opposes, as violative of the Equal Protection Clause, the provisions of the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) which permit former residents of a state who have moved to American Samoa or the Commonwealth of the Northern Marianas Islands to continue to vote in national elections in that state, while denying those same rights to those who have moved from a state to the U.S. Virgin Islands, Puerto Rico, and Guam.
    • View the resolution.

    HOD Resolution 10D- Urging Congress to Extend the CARES Act

    • Submitted by Virgin Islands Bar Association and the Law Student Division
    • This resolution urges federal, state, territorial and tribal governments, bar associations, and/or Commercial Lenders to develop and implement programs to assist law students, recent graduates, and young lawyers experiencing financial hardship due to postponed bar exams and/or deferred employment or unemployment during the COVID-19 pandemic. It further urges Congress to extend the six-month administrative student loan forbearance included in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) for a period of at least one year beyond the current expiration of September 30, 2020.
    • View the resolution.

    HOD Resolution 105 – Urging Creation of Guardianship Court Improvement Program

    • Submitted by the Commission on Law & Aging,  Senior Lawyers Division, Section of Real Property, Trust and Estate Law & Commission on Disability Rights
    • This resolution urges Congress to create and fund a Guardianship Court Improvement Program for adult guardianship (following the model of the State Court Improvement Program for child welfare agencies created in 1993) to support state court efforts to improve the legal process in the adult guardianship system, improve outcomes for adults subject to or potentially subject to guardianship, increase the use of less restrictive options than guardianship, and enhance collaboration among courts, the legal system, and the aging and disability networks.
    • View the resolution.

    HOD Resolution 107– Amendments to ABA Model Rules of Professional Conduct Regarding Assistance to Indigent Clients

    • Submitted by the Standing Committee on Ethics & Professional Responsibility, Standing Committee on the Legal & Indigent Defense, Commission on Law & Aging,  Senior Lawyers Division, Section of Real Property, Trust and Estate Law & Commission on Disability Rights
    • This resolution amends Model Rule 1.8(e) by adding a narrow exception to the Rule that will increase access to justice for the most vulnerable clients.
    • View the resolution.

    HOD Resolution 108A– Urging Legislation for Appointment of Patent Trial and Appeal Board Administrative Judge

    • Submitted by the Section of Intellectual Property Law, Section of Administrative Law & Regulatory Practice
    • This resolution urges Congress to enact legislation authorizing one or more principal officers, who are appointed by the President and confirmed by the Senate, to review decisions of the Patent Trial and Appeal Board (PTAB) determining the patentability of any claim reviewed by the PTAB before such decisions become final decisions of the U.S. Patent and Trademark Office (USPTO), and that the legislation should also restore Title 5 removal protections for Administrative Patent Judges (APJs) of the PTAB.
    • View the resolution.

    HOD Resolution 108B– Supporting Transparent Proceedings for the Invalidation of Federal Trademark Registrations

    • Submitted by the Section of Intellectual Property Law
    • This resolution supports, in principle, a transparent administrative process or processes to remove trademark registrations from the U.S. Patent and Trademark Office's Principal or Supplemental Register.
    • View the resolution.

    HOD Resolution 110 – Urging Legislation Requiring the VA to Remove Regulatory Barriers Involving Tribal Veterans Service Officers

    • Submitted by the Standing Committee on Legal Assistance for Military Personnel, Commission on Homelessness & Poverty, Section of Civil Rights & Social Justice, Section of State & Local Government Law
    • This resolution 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.
    • View the resolution.

    HOD Resolution 113A– Urging Re-Authorization & Funding of VAWA and Similar Legislation

    • Submitted by the Commission on Domestic & Sexual Violence, Section of Civil Rights & Social Justice, National Conference of Women’s Bar Associations, Center for Human Rights
    • This resolution urges Congress to re-authorize and fully fund the Violence Against Women Act and similar legislation:1) Preserves the protections approved in the 2013 reauthorization of VAWA, and continues to respond to emerging challenges and to the concerns from the field of expert professionals, 2) Improves services, minimizes bias, and prioritizes safety, autonomy, and support for all victims of gender-based violence, with a particular emphasis on the self-defined needs of marginalized and underserved groups, 3) Enhances judicial, legal, and law enforcement tools that respond to domestic violence, dating violence, sexual assault, and stalking in a trauma-informed way, 4) Strengthens the healthcare system’s comprehensive and trauma-informed response to domestic violence, dating violence, sexual assault, and stalking, 5) Provides economic and housing opportunities and protections for victims of domestic violence, dating violence, sexual assault, and stalking, including non-discrimination protections, and 6) Implements evidence-based prevention and educational programs that encourage healthy relationships and teach how to respond to attitudes and behaviors contributing to sexual and domestic violence.
    • View the resolution.

    HOD Resolution 113B– Urging Legislation Requiring Consent to Pelvic Exams

    • Submitted by the Commission on Domestic & Sexual Violence, Section of Civil Rights & Social Justice, National Conference of Women’s Bar Associations, Center for Human Rights
    • This resolution urges federal, state, local, territorial, and tribal governments to enact legislation and policies to require all health care providers to obtain specific informed patient consent in advance for all medically unnecessary pelvic examinations.
    • View the resolution.

    HOD Resolution 113C– Principles/Guidance/Training Regarding Identifying & Preventing Gender Bias in Law Enforcement Response to Sexual Assault and Domestic Violence

    • Submitted by the Commission on Domestic & Sexual Violence, Criminal Justice Section, Section of Civil Rights & Social Justice, National Conference of Women’s Bar Associations, Center for Human Rights
    • This resolution urges the adoption of the eight principles and accompanying commentary set forth in the U.S. Department of Justice December 15, 2015 guidance titled Identifying and Preventing Gender Bias in Law Enforcement Response to Sexual Assault and Domestic Violence; and urges all federal, state, territorial, local and tribal law enforcement agencies in the United States to: (1) adopt those same principles; (2) provide periodic training to all law enforcement agency personnel to promote compliance with those principles; and (3) engage in regular review of compliance efforts and make any necessary adjustments to improve compliance.
    • View the resolution.

    HOD Resolution 117– Urging Procedures to Ensure Equal Access, Fundamental Fairness, and Due Process in Virtual & Remote Court Proceedings

    • Submitted by the Standing Committee on Legal Aid & Indigent Defendants
    • This resolution urges federal, state, local, territorial, and tribal governments to: 1) use a considered and measured approach in adopting and utilizing virtual or remote court proceedings established as a result of the COVID-19 pandemic; 2) form appropriate committees to establish or review the use of virtual or remote court proceedings and make recommendations for procedures, revisions of procedures and best practices; 3) ensure that virtual or remote court proceedings guarantee equal access and meet standards of fundamental fairness and due process; 4) provide advance notice of proceedings and ensure full and meaningful public access to virtual proceedings, while also protecting the privacy of those proceedings legally exempted from public access; 5) reintroduce in-person court options as soon as safely feasible as determined by public health officials, and 6) study the impacts of virtual or remote court procedures and take steps to halt, alter, or revise virtual or remote court procedures if such study suggests prejudicial effect or disparate impact on case outcomes.
    • View the resolution.

    Resolution 301B-Juneteenth

    • Submitted by the Section of Civil Rights and Social Justice; Coalition on Racial and Ethnic Justice; Commission on Homelessness & Poverty; Commission on Disability Rights; Commission on Domestic & Sexual Violence; Commission on Hispanic Legal Rights and Responsibilities; and the Commission on Sexual Orientation and Gender Identity
    • This resolution resolves that the American Bar Association will join 47 states and the District of Columbia in recognizing and observing June 19 (Juneteenth) as a holiday, and urges federal, state, local, territorial, and tribal governments to declare June 19 (Juneteenth) as a paid legal holiday, and to make its significance part of the curriculum in secondary schools.
    • View the resolution.