2020 MIDYEAR MEETING

House of Delegates Resolutions

The ABA policymaking met Feb. 17, 2020 at the Midyear Meeting in Austin to debate and vote on a wide range of policy issues. Click on a resolution number for more information. Some include video of remarks made during the debate.

10A

Urges governments to acknowledge and prioritize responding to the Missing and Murdered Indigenous Women (MMIW) crisis (video)

ADOPTED

10B

Urges governments to examine existing policies on the use of lethal force against individuals during law enforcement encounters to determine whether those policies should be modified

ADOPTED

10C

Supports an interpretation of the Citizenship Clause of the Fourteenth Amendment to the United States Constitution that recognizes all persons born in the territories as natural-born citizens of the United States

ADOPTED AS REVISED

10D

Urges federal courts to interpret the relationship of federal habeas corpus and federal civil rights law to permit an individual who is ineligible for federal habeas corpus relief to bring a civil rights claim pursuant to 42 U.S.C.

ADOPTED AS REVISED

100A

Concurs in the action of the Council of the Section of Legal Education and Admissions to the Bar in making amendments dated February 2020 to Rules 13, 29, 30-36, 37, and 39 of the ABA Standards and Rules of Procedure for Approval of Law Schools.

ADOPTED

100B

Concurs in the action of the Council of the Section of Legal Education and Admissions to the Bar in making amendments dated February 2020 to Standards 202, 307, 310, 502, and 509 of the ABA Standards and Rules of Procedure for Approval of Law Schools.

ADOPTED

101A

Supports a rebuttable presumption of irreparable harm for purposes of preliminary or permanent injunctive relief in trademark infringement cases and supports amending section 34 of the Lanham act, 15 U.S.C. § 1116, to provide for such a presumption

ADOPTED

101B

Supports a right that would legally compel the disclosure of internet domain name registrant contact information by any U.S. entity that administers and maintains such contact information, upon receipt of a notice alleging a legitimate interest based on the registrant’s violations of applicable laws relating to intellectual property protections.

ADOPTED

102A

Grants approval to 3 programs, grants reapproval to 19 paralegal education programs, withdraws the approval of 6 programs at the request of the institutions, and extends the terms of approval to 38 paralegal education programs.

ADOPTED

102B

Adopts amendments, dated February 2020, to the ABA Guidelines for the Approval of Paralegal Education Programs.

ADOPTED

103A

Urges all federal, state, local, territorial, and tribal legislative bodies to enact laws, and governmental agencies to adopt policies, that provide law enforcement officers with comprehensive animal encounter training on the reasonable use of force necessary to better secure the safety of such officers, protect public health, reduce legal liability, and ensure the humane treatment of the animals encountered.

ADOPTED AS REVISED

103B

Urges Congress to enact legislation to clarify and ensure that it shall not constitute a federal crime for qualified lawyers to provide legal advice and services to clients regarding marijuana-related activities that are in compliance with state, territorial, and tribal law.

ADOPTED AS REVISED

103C

Urges state, territorial and federal courts to apply the modern incorporation doctrine standards to the Seventh Amendment to the Constitution of the United States and make its formulation of the fundamental right to trial by jury in civil cases applicable to all states of the Union.

ADOPTED AS AMENDED

103D

Urges Congress to enact legislation to clarify and ensure that it shall not constitute a federal crime for banking and financial institutions to provide services to businesses and individuals, including attorneys, who receive compensation from the sale of state-legalized cannabis or who provide services to cannabis-related legitimate business acting in accordance with state, territorial, and tribal laws.

ADOPTED

104A

Urges all nations, including the United States, to become party to and implement the United Nations Convention on International Settlement Agreements Resulting from Mediation (also known as the Singapore Mediation Convention).

ADOPTED AS REVISED

104B

Urges the U.S. federal government and other national governments, as well as multinational and international organizations to amend existing laws or enact new enforceable laws, policies and procedures that protect and provide for the health and well-being of Military Working Dogs, whether deployed in service, retained and trained by armed forces or deployed to armed forces through contracts with governments.

ADOPTED AS AMENDED

105

Grants reaccreditation to the Civil Trial Law program of the National Board of Trial Advocacy and the Estate Planning Law program of the National Association of Estate Planners & Councils, Estate Law Specialist Board, Inc. of Cleveland, Ohio.

ADOPTED

106

Urges Congress to amend the Air Carrier Access Act, 49 U.S.C. § 41705 (1986), to establish a private right of action and to provide equitable and legal relief, including compensatory and punitive damages, as well as reasonable attorneys’ fees, reasonable expert fees, and the costs of the action to plaintiffs who prevail in civil discrimination actions. (video)

ADOPTED

107A

Urges federal, state, local, territorial, and tribal governments to enact statues, rules and regulations that would make it unlawful for any person to transfer, sell, trade, give, transport, or deliver any unfinished firearm frame or receiver to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) unless the unfinished frame or receiver is serialized in accordance with federal requirements for the serialization of firearms, the recipient passes a background check consistent with the federal requirements for a licensed dealer’s transfer of a firearm, and records consistent with the federal record-keeping requirements for licensed firearm dealers are created and retained.

ADOPTED

107B

Urges federal, state, local, territorial, and tribal governments to enact statues, rules and regulations that would require any person seeking to purchase a firearm to apply for a permit from a designated law enforcement or public safety agency; that, at a minimum, the applicant apply in person, be fingerprinted, and be subject to a background and criminal records check; and prohibit the sale, delivery or transfer of a firearm to anyone who does not possess a valid permit.

ADOPTED

107C

Urges federal, state, local, territorial, and tribal governments to enact statues, rules and regulations that would define the requirements of safe storage of a firearm, require firearm owners to meet those requirements, promote safe storage education for firearm owners and urges the federal government to incentivize safe storage programs within the states.

ADOPTED

108

Urges federal, state, local, territorial, and tribal governments to enact legislation that provides for voter preregistration for eligible 16-18-year-olds and that they be added to the voter roll upon reaching the legal age for voting; for high schools and colleges to provide students a meaningful opportunity to register and vote and to provide robust civics education to promote well-informed voting; and for governmental entities to appropriate sufficient funds to implement voter preregistration and civics education as called for by this resolution. (video)

ADOPTED

109A

Requests approval of the Uniform Automated Operation of Vehicles Act as an appropriate Act for those states desiring to adopt the specific substantive law suggested therein.

WITHDRAWN

109B

Requests approval of the Uniform Electronic Wills Act an appropriate Act for those states desiring to adopt the specific substantive law suggested therein.

ADOPTED

109C

Requests approval of the Uniform Registration of Canadian Money Judgments Act as an appropriate Act for those states desiring to adopt the specific substantive law suggested therein.

ADOPTED

110

Urges federal, state, local, territorial and tribal governments to provide courts with discretion to allow defendants to remain on bond pending sentencing following a guilty plea or conviction as long as the court finds that the defendant is not likely to flee or pose a danger to the safety of any other person or the community if released, such as by amending 18 U.S.C. § 3143 or similar statutes in other jurisdictions.

ADOPTED AS REVISED

111

Urges federal, state, local, territorial and tribal governments, and their respective agencies and departments, to protect real property interests, including common law trespass and privacy rights, with respect to any statute, ordinance, regulation, administrative rule, order, or guidance pertaining to the development and usage of unmanned aircraft systems over private property.

ADOPTED

112

Urges federal, state, local, territorial and tribal governments to enact legislation to remove voting barriers to Native American and Alaska Native voter registration and participation, and to establish measures to ensure protections for Native American and Alaska Native voting rights.

ADOPTED

113

Encourages lawyers in all practice areas to use and promote technology-based platforms that facilitate the efficient, timely, and targeted matching of survivors of human trafficking who have legal needs with lawyers who have the requisite specialization and availability to meet those needs pro bono.

ADOPTED

114

Urges federal, state, local, territorial, and tribal governments to enact legislation that allows for an individual to use an address other than a physical residential address for purposes of voter registration and urges the enactment of legislation or regulations that assign the voter to the precinct in which the person can be found, whether that location is expressed by a traditional address or description.

ADOPTED

115

Encourages U.S. jurisdictions to consider adoption of regulatory innovation approaches to address the access to justice crisis in the United States. (video)

ADOPTED AS AMENDED

116

Urges Congress to amend and reauthorize the Violence Against Women Act as reflected in H.R. 1585 (as passed) and S. 2843 (as introduced), or similar legislation, that specifically provides funding to tribal governments and recognizes the inherent authority of American Indian and Alaska Native governments to prosecute non-Indian perpetrators of crimes arising from gender-based violence, while ensuring that due process rights are protected as set forth in section 234(c) of the Tribal Law and Order Act, Public Law 111-211.

ADOPTED

117

Urges the federal government to maintain an asylum system that affords all persons seeking protection from persecution or torture access to counsel, due process, and a full and fair adjudication that comports with U.S. and international law.

ADOPTED AS REVISED

118

Urges the United States Congress to protect the security and integrity of U.S. federal elections by enacting legislation that authorizes and appropriates necessary funding for the National Institute of Standards and Technology.

ADOPTED

119

Urges federal, state, local, territorial, and tribal governments to appropriate and allocate funds to identify and address mental health problems experienced by youth as a result of racism, poverty, and living in high crime comunities.

ADOPTED

200

Requests from the California Lawyers Association and the North Carolina Bar Association for Primary State Bar Association Designation and Acquisition of Additional Delegate Seats in the House of Delegates.

ADOPTED