POTENTIAL AGENDA ITEMS FOR THE 2013 ANNUAL MEETING
OF THE HOUSE OF DELEGATES
OF THE AMERICAN BAR ASSOCIATION
NOTE: This list includes issues that may be presented for consideration at the 2013
Annual Meeting or a future meeting of the House of Delegates. Please remember that,
with the exception of state and local bar associations, the filing deadline for submission of
Resolutions with Reports by Association entities and affiliated organizations is Tuesday,
May 7, 2013.
ASSOCIATION’S CONSTITUTION, BYLAWS AND HOUSE RULES OF PROCEDURE
1.
Proposed Amendments
The House’s agenda will include the following proposals to amend the Association’s
Constitution, Bylaws and House Rules of Procedure:
A) Amends §1.2 of the Constitution 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.” Contact: Edward Haskins Jacobs,
Attorney-at-Law, 2121 (16A) Queen Street, Unit 1, Christiansted, St. Croix, VI,
00820;
Phone:
340/773-3322;
Fax:
340/773-2566;
E-mail:
edwardjacobs@yahoo.com.
B) Amends §6.2(a)(5) and §10.1(a) of the Association’s Constitution, and §30.5 of the
Bylaws to change the name of the Law Practice Management Section to the Law
Practice Division. Contacts: Joan Rose Marie Bullock, Florida A&M University
College of Law, 201 Beggs Avenue, Orlando, FL 32801-1733, Phone: 407/2543201; E-mail: joan.bullock@famu.edu; Tom Bolt, BoltNagi, PC, Suite 21, 5600
Royal Dane Mall, St. Thomas, VI 00802-6410; Phone: 340/774-2944; E-mail:
tbolt@vilaw.com.
C) Amends §30.5 of the Association’s Bylaws, to allow non-U.S. lawyer associates to
serve on the Council and in the leadership of the Section of Litigation. Contacts:
William R. Bay, Thompson Coburn LLP, Ste. 3500, 505 N 7th St., St. Louis, MO
63101-1693, Phone: 314/552-6008; E-mail: wbay@thompsoncoburn.com; Pamela
A. Bresnahan, 23 Sands Ave., Annapolis, MD 21403-4426; Phone: 202/467-8861;
E-mail: pabresnahan@vorys.com.
______________________________
*American Bar Association, 321 N. Clark Street, Chicago, IL 60654
**American Bar Association, Washington Office, 740 15th Street NW, Washington, DC 20005-1009
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D) Amends §31.7 of the Association’s Bylaws to change the jurisdictional statement of
the Standing Committee on Legal Assistance for Military Personnel. Contact: Brig
Gen (Ret.) David G. Ehrhart, Lockheed Martin Aeronautics Company, PO Box 748,
Fort
Worth,
TX
76101-7450,
Phone:
817/777-1706;
E-mail:
david.g.ehrhart@lmco.com.
E) Amends §31.7 of the Association’s Bylaws to discontinue the Standing Committee
on Federal Judicial Improvements. Contact: Sharon Stern Gerstman, Magavern,
Magavern, Grimm LLP, 1100 Rand Building, 14 Lafayette Square, Buffalo, NY
14203, Phone: 716/856-3500; E-mail: sgerstman@magavern.com.
F) Amends §31.7 of the Association’s Bylaws to discontinue the Standing Committee
on Strategic Communications. Contact: Sharon Stern Gerstman, Magavern,
Magavern, Grimm LLP, 1100 Rand Building, 14 Lafayette Square, Buffalo, NY
14203, Phone: 716/856-3500; E-mail: sgerstman@magavern.com.
CRIMINAL JUSTICE
2. Co-Occurring Disorders
Urges additional funding for and enacts legislation that would address the complex
problem presented by the large number of youth and adults with co-occuring mental
health and substance abuse disorders who come into contact with the criminal justice
system. Criminal Justice Section. Contact: Sarina Cox**, Phone: 202/662-1518, Email: sarina.cox@americanbar.org.
3. Gay Panic Defense
Urges implementation of legislative and or judicial solutions to reduce instances of bias,
sympathy, prejudice, or public opinion which manifest discrimination based upon sexual
orientation or gender identity. Criminal Justice Section. Contact: Sarina Cox**,
Phone: 202/662-1518, E-mail: sarina.cox@americanbar.org.
4. Mandatory Reporting
Urges legislative bodies to review and determine what changes, if any, are appropriate
regarding their mandatory reporting requirements for child abuse and neglect, sanctions
for failure to report child abuse and neglect, penalties for child abuse and whether to
extend civil immunity to professionals. Criminal Justice Section. Contact: Sarina
Cox**, Phone: 202/662-1518, E-mail: sarina.cox@americanbar.org
5. Overcriminalization
Addresses the issue of over-federalization of crime and criminalization of regulatory
matters. Criminal Justice Section. Contact: Sarina Cox**, Phone: 202/662-1518,
E-mail: sarina.cox@americanbar.org.
______________________________
*American Bar Association, 321 N. Clark Street, Chicago, IL 60654
**American Bar Association, Washington Office, 740 15th Street NW, Washington, DC 20005-1009
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6. Plea Waivers
Opposes plea agreements where a criminal defendant waives the right to claim
ineffective counsel assistance, or prosecutorial misconduct and urges judges to reject
such plea agreements and urges defense attorneys to inform their clients that such
plea waivers have been found to be unethical in some jurisdictions. Criminal Justice
Section.
Contact:
Sarina Cox**, Phone:
202/662-1518, E-mail:
sarina.cox@americanbar.org.
ETHICS AND PROFESSIONAL RESPONSIBILITY
7. ABA Model Code of Judicial Conduct
Amends the Terminology Section and Rule 2.11 of the ABA Model Code of Judicial
Conduct which seek to clarify judges’ ethical obligations to recuse themselves in
matters in which their impartiality might reasonably be questioned as a result of judicial
election and retention election campaign contributions made to them or their
opponents, as well as independent expenditures made in support of or opposition to a
judge’s election or retention. Standing Committee on Ethics and Professional
Responsibility. Contact:
Ellyn S. Rosen*, Phone:
312/988-5311, E-mail:
ellyn.rosen@americanbar.org.
GROUP AND PREPAID LEGAL SERVICES
8. Group Legal Services Plans
Supports group legal services plans as a mechanism for delivering legal services to
moderate income consumers. Standing Committee on Group and Prepaid Legal
Services.
Contact:
Tori Jo Wible*, Phone:
312/988-5753, E-mail:
tori.wible@americanbar.org.
HEALTH LAW
9. Mental Health Treatment Services
Supports the rights of our nation’s veterans to access mental health treatment services
and substance use disorder coverage that is required to be made available under
federal and state law and urges Congress to ensure that a uniform and plain language
disclosure of the terms of coverage is required across all insurance and welfare benefit
plans. Health Law Section. Contact: Wanda Workman*, Phone: 312/988-5548, Email: wanda.workman@americanbar.org.
______________________________
*American Bar Association, 321 N. Clark Street, Chicago, IL 60654
**American Bar Association, Washington Office, 740 15th Street NW, Washington, DC 20005-1009
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HOMELESSNESS AND POVERTY
10. Human Right to Housing
Recognizes adequate housing as a human right. Commission on Homelessness and
Poverty. Contact:
Amy E. Horton-Newell**, Phone: 202/662-1693, E-mail:
amy.hortonnewell@americanbar.org.
INTERNATIONAL LAW
11. Statutes of Limitations for Serious Crimes
Adopts policy regarding the statutes of limitations for genocide, crimes against
humanity, and serious war crimes and encourages all governments to apply this
international legal standard. Section of International Law. Contacts: Ted
Carroll**. 202/662-1675, E-mail: ted.carroll@americanbar.org; Becky Farrar, CoChair, SIL International Human Rights Committee, 1121 Arlington Blvd, Apt. 220,
Arlington, VA 22209, Phone: 726/692-0065, E-mail: rfarrar88@gmail.com.
12. U.S. Judicial Network
Proposes establishment of an intra-country judicial network, within the United States,
that will serve as a mechanism for judicial communication and education about relevant
international family law matters. Section of International Law. Contacts: Ted
Carroll**. Phone: 202/662-1675, E-mail: ted.carroll@americanbar.org; Melissa
Kucinski, Chair, SIL International Family Mediation Task Force, Global Family
Mediation,
720
Pettis
Ave.,
Mountain
View,
CA
94041,
E-mail:
melissa@globalfamilymediation.com.
LAW AND AGING
13. Rights of Patients with Advanced Chronic Conditions
Supports the rights of patients with advanced chronic conditions to receive care
coordination services to ensure continuity and coordination of services and supports
acute, long-term, and palliative conditions regardless of setting, provider, and medical
condition. Commission on Law and Aging. Contact: Charlie Sabatino**, Phone:
202/662-8686, E-mail: charles.sabatino@americanbar.org.
14. Social Security Representative Payees and Veterans Fiduciaries
Urges state and territorial courts handling adult guardianship and federal, state and
territorial agencies that administer representative payment programs for government
benefits to coordinate information sharing, training and educating to best serve
individuals with fiduciary financial decision-makers. Commission on Law and Aging.
Contact:
Charlie
Sabatino**,
Phone:
202/662-8686,
E-mail:
charles.sabatino@americanbar.org.
______________________________
*American Bar Association, 321 N. Clark Street, Chicago, IL 60654
**American Bar Association, Washington Office, 740 15th Street NW, Washington, DC 20005-1009
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LAWYER DISCIPLINE
15. Legal Marijuana Regulations
Urges appropriate disciplinary agencies not to bring disciplinary action against lawyers
who assist and advise clients on how to implement or comply with legal marijuana
regulations under state or territorial law. King County Bar Association. Contact:
Thomas M. Fitzpatrick, Talmadge Fitzpatrick PLLC, 18010 Southcenter Pkwy, Tukwila,
WA 98188, Phone: 206/574-6661, E-mail tom@tal-fitzlaw.com.
PARALEGALS
16. Paralegal Education Programs
Grants approval, reapproval and/or extension of the term of approval to several
paralegal education programs. Standing Committee on Paralegals. Contact: Peggy
C. Wallace*, Phone: 312/988-5618, E-mail: peggy.wallace@americanbar.org.
PRO BONO
17. Standards for Programs Providing Civil Pro Bono Legal Services to Persons of Limited
Means
Adopts the revised black letter Standards for Programs Providing Civil Pro Bono Legal
Services to Persons of Limited Means, dated August 2013, and recommends
appropriate implementation of these Standards by entities providing civil pro bono legal
services to persons of limited means. Standing Committee on Pro Bono and Public
Service. Contacts: Larry McDevitt, The Van Winkle Law Firm, 11 N. Market Street,
Asheville, NC, 28801-2932, E-mail: lmcdevitt@vwlawfirm.com; Cheryl Zalenski*,
Phone: 312/988-5770, E-mail: cheryl.zalenski@americanbar.org.
PROFESSIONAL DISCIPLINE
18. Guidelines for an International Regulatory Information Exchange Protocol
Adopts Guidelines for an International Regulatory Information Exchange Protocol to
facilitate better communication and cooperation among lawyer regulators in different
jurisdictions. Standing Committee on Professional Discipline. Contact: Ellyn S.
Rosen*, Phone: 312/988-5311, E-mail: ellyn.rosen@americanbar.org.
______________________________
*American Bar Association, 321 N. Clark Street, Chicago, IL 60654
**American Bar Association, Washington Office, 740 15th Street NW, Washington, DC 20005-1009
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YOUTH AT RISK
19. Children’s Exposure to Violence
Encourages endorsement and implementation of recommendations which call for
trauma-informed identification, assessment, and treatment of children and youth
exposed to violence, as well as improving child welfare, juvenile justice, and other childserving systems’ responses through application of trauma-informed approaches.
Commission on Youth at Risk. Contact: Garry Bevel**, Phone: 202/662-1749, Email: gary.bevel@americanbar.org.
20. Indian Child Welfare Act
Urges governments, states, and child welfare agencies to meet the needs of American
Indian and Alaska Native children and families through state court collaborations,
increased and improved federal agreements and understanding between states and
Tribes, legal services to Tribes, increased actions to reduce the number of American
Indian and Alaska Native children’s removal from their families, and increased financial
support from USDOJ, HHS, and the Department of Interior. Commission on Youth at
Risk.
Contact:
Garry
Bevel**,
Phone:
202/662-1749,
E-mail:
gary.bevel@americanbar.org.
______________________________
*American Bar Association, 321 N. Clark Street, Chicago, IL 60654
**American Bar Association, Washington Office, 740 15th Street NW, Washington, DC 20005-1009
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