ABA DELEGATE REPORT
ABA DELEGATE REPORT
PBCBA Delegate Report Winter 2026
POORAD RAZAVI
Happy 2026 to all. The American Bar Association( ABA) recently held its Midyear conference in San Antonio, followed by its House of Delegates( HOD) session. Unfortunately, as you all learned from the last update, the Florida Supreme Court suddenly and unilaterally decided to remove our State’ s, including Palm Beach County’ s, representation from the ABA.
As your( former) ABA HOD representative, I want to provide you with an update of milestone developments that occurred during this session and beyond. The following is a summary of a few of the major proposed Resolutions that were approved by the House:
• Urges the President and all Executive Branch officials to safeguard the independence of the U. S. Department of Justice by ensuring that investigative and prosecutorial decisions are free from political influence; urges federal, state, local, territorial, and tribal officials to reaffirm that prosecutorial decisions are made free from partisan, political or personal influence; and encourages all jurisdictions to adopt formal policies that explicitly prohibit initiating, directing, or restraining prosecutions for political purposes.
• Urges the federal government to address domestic issues through local and civilian law enforcement agencies rather than military options; urges that the use of the federalized National Guard or similar forces be restricted to exceptional circumstances; and urges that policing duties be carried out only by personnel properly trained in relevant law enforcement responsibilities.
• Opposes threats and acts of violence, harassment, and intimidation directed at federal, state, local, administrative, tribal and territorial judges, court personnel, and their families; encourages bar associations, law schools, and civic organizations to promote public understanding of the role of an independent judiciary and to respond to attacks that threaten judicial independence and safety; urges all members of the legal profession, officials, and the media to refrain from rhetoric or actions that threaten or incite violence against the judiciary, court personnel, or their families; and urges parties who disagree with any court decision to follow the applicable appellate process.
• Urges Congress to repeal the Protection of Lawful Commerce in Arms Act, codified at 15 U. S. C. §§ 7901 – 7903(“ PLCAA”), which conveys special legal immunity to the firearms industry; and supports the enactment of state laws that set standards of responsible conduct for holders of Federal Firearms Licenses(“ FFLs”) and other gun companies; and that provide paths for litigation for knowing failures to comply.
• Urges state and local prosecutors and law enforcement officers to exercise their prosecutorial discretion to investigate and, where probable cause exists, prosecute federal officials who violate applicable state laws while acting outside the legitimate and reasonable scope of their federal authority.
• Supports the authority of state, local, tribal and territorial governments to enact laws limiting their participation in federal immigration law enforcement efforts, without fear of federal retaliation.
• Urges federal, state, local, tribal, and territorial, officials, to prevent and mitigate the dangers of emerging Generative Artificial Intelligence( GAI) and deepfake technology in techfacilitated abuse involving students.
• Opposes legislation, regulations, policies and practice that reduce Medicaid funding, denies or terminates enrollment of eligible individuals, or restricts coverage in a manner inconsistent with the Medicaid statute’ s purpose and requirements; urges governments to strengthen due process protections and promote transparency and accountability in the administration of Medicaid; and supports educating legal professionals and communities about Medicaid and the legal rights of individuals concerning eligibility for and enrollment in Medicaid.
• Urges the United States, all other nations, the United Nations, and the African Union to take action to bring to justice and hold accountable those responsible for atrocities against civilians committed in Ethiopian territory.
• Urges the Executive Branch and loan servicers to resume accepting and processing student loan forgiveness applications, periodic employment and income recertifications, and repayment plan change requests for all borrowers engaged in eligible government and public sector employment.
• Urges state, local, and affinity bar associations to include on their summonses the website address or link to a courtmaintained webpage that provides upto-date contact information for lawyer referral and information services and legal aid organizations.
There will be another slew of resolutions prior to the ABA Annual Meeting in Chicago in July 2026. The proposed resolutions will be available online on the Bar Association’ s website. Unfortunately, it appears that the Florida Bar will continue to be barred from having any representation at these meetings. I have been asked by the ABA State Delegate from Florida to consider certification as a delegate from Florida to the ABA House of Delegates, which is being explored. As always, if you have any questions or comments about Florida’ s future representation in the ABA, please do not hesitate to contact me( prazavi @ cohenmilstein. com).
PBCBA BAR BULLETIN 6