2019 ANNUAL MEETING

House of Delegates Resolutions


The ABA policymaking body met August 12-13 at the 2019 Annual Meeting in San Francisco to debate and vote on a wide range of policy issues. Click on a resolution number for the results. Some include video of House debate.

 LIST OF RESOLUTIONS

RES. #

SUMMARY

STATUS

10A

Encourages online providers of legal documents to adopt the ABA Best Practice Guidelines for Online Legal Document Providers.

ADOPTED

10B

Urges Congress, state, local, territorial, and tribal legislatures to enact legislation and appropriate adequate funding to ensure equal access to justice for Americans living in rural communities by assuring proper broadband access is provided throughout the United States. (video)

ADOPTED

10C

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. (video)

ADOPTED AS REVISED

11-1

Amends §1.2 to include the following language as one of the purposes of the Association: “to defend the right to life of all innocent human beings, including all those conceived but not yet born.”

POSTPONED INDEFINITELY

11-2

Amends §6.2(a)(1) to provide the U.S. Virgin Islands with a State Delegate, who pursuant to the existing language of §9.2 would automatically serve as a member of the Nominating Committee.

FAILED

11-3

Amends §6.4(a) to allow individuals who meet a state’s definition of young lawyer to serve as a young lawyer member of the House of Delegates for that state.

ADOPTED

11-4

Amends §6.7(b) to allow the Law Student Division to increase their number of delegates in the House of Delegates from 3 to 6 delegates.

ADOPTED

11-5

Amends §6.8 to include the Electric Cooperative Bar Association (ECBA) as an affiliated organization of the American Bar Association (ABA) and be represented in the ABA House of Delegates accordingly.

WITHDRAWN

11-6

Amends §31.7 to sunset the Standing Committee on Governmental Affairs.

ADOPTED

11-7

Amends §31.7 to sunset the Standing Committee on the American Judicial System.

ADOPTED

11-8

Amends §31.7 to change the number of members from 15 to 12 for the Standing Committee on Public Education and from 12 to 8 for the Advisory Commission to the Standing Committee.

ADOPTED

11-9

Amends §§ 33.1 and 33.2 to change the language in order to normalize the work of the Board of Editors, and the appointed volunteer members to be able to provide their perspectives and guidance regarding the Journal.

ADOPTED

100A

Encourages state, local and territorial jurisdictions that do not presently have a central panel system to establish this proven model of state administrative law adjudications.

ADOPTED

100B

Encourages federal, state, and local governments to take all measures to maximize the ability of all Administrative Adjudicators to render decisions, freely, fairly, and independent of agency interference.

ADOPTED AS REVISED

101

Urges Congress to make the ameliorative provisions of the First Step Act retroactive and urges the President and Attorney General to take action to implement the provisions of the Act.

ADOPTED AS REVISED

102

Urges state, territorial, tribal courts and law schools to explore the feasibility of implementing a “Pro Bono Scholars”-style program in their respective jurisdictions to allow law students, in the final semester of their third year of law school, to obtain a full-time, externship placement providing supervised pro bono services and to allow these scholars to take the February Bar examination (if offered) during their final semester of law school. (video)

ADOPTED

103A

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.

ADOPTED

103B

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.

ADOPTED AS REVISED

104

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

ADOPTED

105

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. (video)

ADOPTED

106

Urges all legal employers to implement and maintain policies and practices to close the compensation gap between similarly situated male and female lawyers. (video)

ADOPTED AS REVISED

107

Urges each state’s highest court, and those of each territory and tribe, to study and adopt jurisdictionally appropriate proactive management-based regulatory (PMBR) programs to enhance compliance with applicable rules of professional conduct and supplement existing disciplinary enforcement mechanisms.

ADOPTED

108

Grants reaccreditation to the Child Welfare Law program of the National Association of Counsel for Children, and the Family Trial Law and Criminal Trial Law programs of the National Board of Trial Advocacy.

ADOPTED

109

Seeks to ensure that children who live in poverty, high crime communities, or experience race based trauma, or related stress, receive the in-school service support needed to maintain or restore good health.

WITHDRAWN

110A

Supports legislation creating the establishment of a Copyright Small Claims Program, with authority to adjudicate copyright small claims as a lower-cost, less-time-consuming alternative to federal court litigation of copyright claims.

ADOPTED

110B

Urges federal courts to interpret the clause “where the defendant has committed acts of infringement and has a regular and established place of business,” in the special venue statue, 28 U.S.C. § 1400(b) when applied to Abbreviated New Drug Application (ANDA) litigation under 35 U.S.C. § 271(e)(2) to mean a district in which the defendant who filed an ANDA application is anticipated to commit acts of infringement.

ADOPTED

110C

Supports the principle that a patentee may recover compensatory damages under 35 U.S.C. § 284 for acts abroad that arise from domestic infringement of a patent pursuant to 35 U.S.C. § 271(f).

ADOPTED

111

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.

ADOPTED

112

Urges courts and lawyers to address the emerging ethical and legal issues related to the usage of artificial intelligence.

ADOPTED AS REVISED

113A

Urges business enterprises to implement, the guidance set forth in the report, “Shared Space Under Pressure: Business Support for Civic Freedoms and Human Rights Defenders: Guidance for Companies,” published jointly by the Business and Human Rights Resource Centre and the International Service for Human Rights in September 2018.

ADOPTED

113B

Urges all governments to priortize dignity rights in crafting, implementing, and enforcing laws, policies, regulations, and procedures.

ADOPTED

113C

Urges the United States Government to enforce fully and consistently the Arms Export Control Act and the Foreign Assistance Act, particularly the Human rights provisions thereof.

ADOPTED AS REVISED

114

Urges legislatures and courts to define consent in sexual assault cases as the assent of a person who is competent to give consent to engage in a specific act of sexual penetration, oral sex, or sexual contact, to provide that consent is expressed by words or action in the context of all the circumstances, and to reject any requirement that sexual assault victims have a legal burden of verbal or physical resistance. (video)

POSTPONED INDEFINITELY

115A

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.

ADOPTED

115B

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. (video)

ADOPTED AS REVISED

115C

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.

ADOPTED

115D

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.

ADOPTED

115E

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.

ADOPTED

115F

Urges federal, state, local, territorial, and tribal governments to refrain from imposing upon reproductive healthcare providers requirements that are not medically necessary or have the purpose or effect of burdening women’s access to such services.

ADOPTED AS REVISED

115G

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 urges Congress and all state, local, territorial, and tribal legislative bodies and governmental agencies to adopt laws and policies that require an enhanced nondiscrimination compliance system for a vehicle loan.

WITHDRAWN

115H

Urges the United States Government, and Governments around the world to promote the human right to a basic income by increasing the funding, development and implementation of basic income strategies to prevent infringement of this right.

ADOPTED

116

Urges courts, as well as their respective bar associations, to carefully review their policies on use and admittance of cellphones in courthouses, to ensure meaningful access to our judicial system, balancing the security risks posed by cellphone use with the needs of litigants, and in particular, those who are self-represented or of lower income.

ADOPTED

117A

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.

ADOPTED

117B

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.

ADOPTED

118

Emphasizes the right of parents and children to family integrity and family unity and the maintenance of family connectedness if a child does need to enter foster care.

ADOPTED

119

Provides that any legislation and related regulations to detect and combat money laundering and terrorist financing must be consistent with the eight fundamental principles outlined in the resolution.

WITHDRAWN

120

Urges the United States and other countries to take measures in response to the crimes committed against the Rohingya by the Burmese military.

ADOPTED AS AMENDED

121A

Recommends that the Executive Office for Immigration Review amend 8 C.F.R. §1003.1(h) and establish, through rulemaking, standards and procedures for the Attorney General certification process. (video)

ADOPTED

121B

Recommends that the Executive Office for Immigration Review create a presumption to extend the filing of an appeal to the Board of Immigration Appeals (BIA) for pro se applicants. (video)

ADOPTED

121C

Recommends that the Executive Office for Immigration Review continue the implementation of an integrated, system-wide electronic filing and case management system nationwide, with adequate funding from Congress. (video)

ADOPTED

121D

Recommends that the Department of Homeland Security (DHS) codify the core requirements of the 2009 Parole Directive into regulation. (video)

ADOPTED

121E

Recommends that the Circuit Court of Appeals establish or expand pro bono programs to provide pro bono representation to pro se appellants to help efficiently resolve immigration cases.

ADOPTED

121F

Recommends that the Executive Office for Immigration Review amend  regulations to eliminate the automatic termination of voluntary departure when an applicant petitions for judicial review under 8 C.F.R. §1240.26(i) and also to implement an automatic stay of removal or deportation pending judicial review by the U.S. Circuit Court of Appeals or the pendency of the appeal period. (video)

ADOPTED

122

Grants approval to 3 programs, grants reapproval to 17 paralegal education programs, withdraws the approval of 8 programs at the request of the institutions, and extends the term of approval for 42 paralegal education programs.

ADOPTED

200

Revises the Principles and Guidelines on the Election Process for Officers of the Association.

ADOPTED AS REVISED

400A

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

ADOPTED

400B

Recommends that certain Association policies that pertain to public issues that were adopted in 1999 which were previously considered for archiving but retained be archived.

ADOPTED