2021 MIDYEAR MEETING

House of Delegates Resolutions

The ABA policymaking body met Monday, Feb. 22 at the virtual Midyear Meeting  to debate and vote on a wide range of policy issues. Click on the resolution number for more info.

RES.

DESCRIPTION

STATUS

10A

Urges the highest court or bar admission authority of each jurisdiction that has adopted the Uniform Bar Exam (UBE) to amend its bar admissions rules to provide that the minimum number of years an applicant must have been primarily engaged in the active practice of law to be eligible for admission by motion be equal to the maximum age of a transferred UBE score that the jurisdiction has adopted for purposes of admission by UBE score transfer.

ADOPTED AS REVISED

10B

Urges all federal, state, local and territorial courts, as well as all individual judicial officers with appointment authority, to consider diversity when making appointments to court commissions, committees, boards, task forces, and similar entities that serve as arms of the court.

ADOPTED

10C

Urges Congress to amend 28 U.S.C. § 373 or otherwise enact legislation to provide that federal district judges appointed to serve on the United States District Courts of the Virgin Islands, Guam, and the Northern Mariana Islands be permitted to assume senior status or to fully retire upon completion of their terms consistent with other federal judges appointed for limited terms.

ADOPTED

10D

Supports an interpretation of the Fourth Amendment of the United States Constitution which would preclude application of the border-search exception to travel to or from a United States territory as is provided for travel to and from the fifty states and the District of Columbia.

ADOPTED

10E

Urges that Congress enact the Daniel Anderl Judicial Security and Privacy Act of 2020, or similar legislation to prohibit the disclosure of personally identifiable information of active, senior, recalled, or retired federal judges, including magistrate judges, bankruptcy judges, administrative law judges, administrative judges, and immigration judges, and their immediate family who share their residence, including but not necessarily limited to home addresses or other personal contact or identifying information.

ADOPTED

10F

Urges federal, state, local, territorial, and tribal governments and police commissions to establish officer training and implement guidelines to be used by officers in giving exit orders during discretionary traffic enforcement stops where the officer has safety concerns or a reasonable suspicion of criminal activity.

ADOPTED

11-1

Amends §45.1 and §45.2 of the Rules of Procedure of the House of Delegates to add the requirement that a resolution must advance one or more of the ABA’s Four Goals.

ADOPTED

100

Supports the use of arbitration in business-to-business disputes, both domestically and internationally, as an efficient and economical method of dispute resolution.

ADOPTED

101A

Urges all federal, state, local, territorial and tribal governments and foreign governments to enact laws permitting specially trained canines (known as facility dogs) to assist victims/vulnerable witnesses in their participation at any stage of the criminal justice system. (includes video)

ADOPTED

101B

Urges federal, state, local, territorial, and tribal legislative bodies and governmental agencies to enact, adopt or amend their information and data privacy laws, regulations or policies to consider the inclusion of certain privacy protections.

WITHDRAWN

101C

Urges all nations to negotiate an international convention for the protection of animals that establishes standards for the proper care and treatment of all animals to protect public health, the environment, and animal wellbeing. (includes video)

ADOPTED

102

Concurs in the action of the Council of the Section of Legal Education and Admissions to the Bar in making amendments dated February 2021 to Rule 29 of the ABA Standards and Rules of Procedure for Approval of Law Schools.

ADOPTED

103A

Urges protection for Special Immigrant Juvenile beneficiaries from removal from the United States while they wait for a visa to become available.

ADOPTED AS REVISED

103B

Recommends the United States Department of Justice use the Attorney General certification process to withdraw certain Attorney General opinions and replace them with opinions that are consistent with congressional intent, the U.S. Constitution, and U.S. treaty obligations, and which uphold several well-settled legal concepts.

ADOPTED

104

Grants reapproval to 17 programs, withdraws the approval of 6 programs at the requests of the institutions, and extends the term of approval to 49 programs.

ADOPTED

105

Urges the highest court or bar admission authority of each jurisdiction to allow bar examinees to bring menstrual products into the bar exam. (includes video)

ADOPTED AS REVISED

106A

Encourages use of pronouns consistent with a person’s gender identity within the legal profession and justice system, including in filed pleadings, during mediations and court proceedings, and within judicial opinions.

ADOPTED AS REVISED

106B

Urges Congress to enact legislation to amend the U.S. bankruptcy code to permit student loans to be discharged in bankruptcy without proving “undue hardship”, as currently required by 11 U.S.C. § 523(a)(8).

WITHDRAWN

106C

Urges Congress and the Executive Branch to develop and implement programs to assist lawyers experiencing financial hardship due to their student loan obligations.

ADOPTED AS REVISED

107A

Urges federal, state, local, territorial, and tribal governments to enact legislation that decriminalizes abortion, increases access to clinical abortion care, and protects pregnant people from any criminal prosecution for having an abortion or experiencing a miscarriage, still birth, or other adverse pregnancy outcomes.

ADOPTED AS REVISED

107B

Urges states to adopt certain principles in administering elections for President of the United States and urges that if a dispute arises as to the proper recipient of the electoral votes for a state, Congress should give controlling effect to the winner of the popular vote for that state (or, if the state allocates electoral votes by congressional district, to the winner of the popular vote in each congressional district), as provided by the law in effect before the election.

ADOPTED AS REVISED

107C

Urges the Department of Defense to recognize that: (a) HIV status alone has no impact on service members’ ability to fully execute their duties and is not a determinant of fitness for duty; and (b) HIV is not a medical condition that should disqualify a person from enlistment, appointment, commissioning, deployment or retention in the U.S. military.

ADOPTED AS REVISED

107D

Urges federal, state, local, territorial, and tribal endorsement and adoption of the United Nations Declaration on the Rights of Indigenous Peoples and calls specifically on Congress to develop a plan to implement.

ADOPTED AS REVISED

108A

Approves the Uniform Easement Relocation Act, promulgated by the National Conference of Commissioners on Uniform State Laws, as an appropriate Act for those states desiring to adopt the specific substantive law suggested therein.

ADOPTED

108B

Approves the Uniform Public Expression Protection Act promulgated by the National Conference of Commissioners on Uniform State Laws as an appropriate Act for those states desiring to adopt the specific substantive law suggested therein.

ADOPTED

108C

Approves the Uniform Pretrial Release and Detention Act promulgated by the National Conference of Commissioners on Uniform State Laws as an appropriate Act for those states desiring to adopt the specific substantive law suggested therein.

WITHDRAWN

109

Grants reaccreditation to the Civil Practice Advocacy program of the National Board of Trial Advocacy and accreditation to the Complex Litigation and Patent Litigation programs of the National Board of Trial Advocacy.

ADOPTED

110

Urges Congress to amend Section 596(c)(2)(C) of the Tariff Act of 1930, 19 U.S.C. § 1595a(c)(2)(C), to authorize U.S. Customs and Border Protection (CBP) to enforce design patents in addition to the other forms of rights currently listed in that statute.

ADOPTED

111

Urges federal, state, local, territorial, and tribal governments to enact statutes, rules and regulations to prohibit the possession and display of firearms by civilians in and around locations critical to the functioning of the democratic process. (includes video)

ADOPTED AS REVISED

112

Urges the United States Department of Housing and Urban Development to void the Rule adopted on July 23, 2020, so as to reinstate the 2015 Affirmatively Furthering Fair Housing Rule in full force and effect.

ADOPTED

113

Urges all federal, state, local, territorial, and tribal legislative bodies and governmental agencies to adopt laws and policies to use total population, including minors and non-citizens, as determined by the United States Census Bureau, in redrawing electoral district lines after the decennial census to achieve equality of population of districts as required by United States constitutional law. (includes video)

ADOPTED AS REVISED

300A

Encourages development of resources that advance well-being in the legal profession and encourage legal professionals to seek out such resources despite barriers of stigma, retribution and other negative effects on their reputation. (includes video)

ADOPTED

300B

Encourages legislation and funding to ensure access to affordable childcare and family care including off-site or on-site childcare, childcare and family care vouchers and resources for tutoring and home schooling resources. (includes video)

ADOPTED