ABA DELEGATE REPORT
ABA DELEGATE REPORT
PBCBA Delegate Winter 2023
POORAD RAZAVI
I hope this letters finds each of you well . I am proud to be your new American Bar Association ( ABA ) House of Delegates representative . Earlier this year , the ABA held its Mid-Year meeting , in which the entire House of Delegates met to discuss and vote on key issues . This was the first meeting to be entirely in-person since the beginning of the pandemic . The following is a summary of a few of the major proposed Resolutions that were approved by the House :
1 ) Urges creation of policies and practices to improve the treatment of persons living with dementia who are involved in the criminal justice system .
2 ) Urges federal , state , local , territorial , and tribal governments to enact statutes , rules and regulations that would make it unlawful for any person , other than law enforcement , to possess firearms on property owned , operated , or controlled by any public or private institute of higher education ; and in states that do not make it unlawful for any person , other than law enforcement , to possess firearms on property owned , operated , or controlled by any public institute of higher education , authorize such institutions of higher education to restrict or regulate the concealed or open carry of firearms on their campuses .
3 ) Encourages state , territorial and tribal bar licensing entities to eliminate from applications required for admission to the bar any questions that ask about sexual orientation or gender identity and to eliminate processes that could lead to unintended disclosure of sexual orientation or gender identity without explicit consent from the applicant .
4 ) Urges all governmental entities and organizations to eliminate the use of stigmatizing and inhumane labels to refer to people who are or have been involved in the criminal legal system .
5 ) Adopts the American Bar Association Best Practices for Remote Depositions , dated February 2023 .
6 ) Condemns the unlawful invasion of Ukraine by the Russian Federation ; urges the Russian Federation to : ( i ) respect the law of war ; and ( ii ) immediately cease hostilities ; urges the United Nations Secretary General to develop a comprehensive set of proposals for ensuring accountability by legal and physical persons ; urges the United Nations General Assembly to : ( i ) establish a registry of claims and evidence of damages caused by the Russian Federation ; and ( ii ) request all states to maintain the status of any assets of the Russian Federation or its citizens that have been frozen until all claims are resolved .
7 ) Condemns laws , restrictions , and other measures placed on civil society actors that are inconsistent with international law .
8 ) Urges all Parties to the United Nations Convention against Transnational Organized Crime to adopt a wildlife crime protocol that would : ( 1 ) define the term “ wildlife crime ”; ( 2 ) identify the measures that Parties would be called upon to adopt in their domestic laws to prevent and combat wildlife crime ; and ( 3 ) identify measures that would enhance cooperative global enforcement efforts to prevent and combat wildlife crime .
9 ) Urges Congress and the United States Department of Agriculture to incentivize the safeguarding of the environment , human health , food safety , animal welfare and farmers by providing natural disaster preparedness training and guidance to farmers and other animal producers who seek federal government payments including , but not limited to , those through the Livestock Indemnity Program .
10 ) Opposes governmental actions and policies that unreasonably interfere with a person ’ s abilities to direct their own health care , including their right to refuse unwanted medical treatment and their legally authorized substitute decisionmakers ’ rights to refuse medical treatment on their behalf . [ Received an extra loud “ Yay ” vote from this Delegate ].
11 ) Opposes federal , state , local , territorial , or tribal legislation and regulations that restrict the right of any individual to travel interstate to access medical care .
12 ) Condemns antisemitism and proposes
PBCBA BAR BULLETIN 6 certain ameliorating measures to combat it .
13 ) Urges members of the judiciary to implement policies supporting the participation of junior lawyers in courtroom proceedings , including junior lawyers who contributed to drafting , by allowing multiple attorneys to argue for a party .
14 ) Urges the Supreme Court of the United States to adopt a code of judicial ethics binding on justices of the Supreme Court of the United States that is comparable to the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States .
15 ) Supports the adoption of a bench card addressing best practices for judges in “ using LGBTQ + inclusive language and pronouns ” to endorse the use of LGBTQ + inclusive language and pronouns in the courtroom .
16 ) Urges federal , state , local , territorial , and tribal governments to remove racial and ethnic bias symbols of the Confederate States of America and depictions of Confederate leaders from areas accessible to jurors , litigants , attorneys , witnesses , and the general public in courthouses , courtrooms , and from the exterior of any government facilities in which judicial proceedings are held .
The resolution that was most hotly contested among both sides was Resolution 300 , which sought to eliminate the requirement of an entrance exam ( such as the LSAT ) for incoming law students in order for a law school to maintain its accreditation . There was great discourse , with various law school deans taking positions on both sides of the proposal . Ultimately the proposal was rejected .
There will be another slew of resolutions prior to the ABA Annual Meeting in Denver in August 2023 . I will provide you all with a copy of the proposed resolutions ahead of time in order to garner any feedback prior to the voting . Additionally , if you have any questions or comments about any of the resolutions listed or any other issues , please do not hesitate to contact me at ( 561 ) 515-1400 or prazavi @ cohenmilstein . com .