ABA DELEGATE REPORT
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ABA DELEGATE REPORT
PBCBA Delegate Winter 2023
POORAD RAZAVI
Happy hot and rainy summer season to all . As I mentioned in my March update , as your American Bar Association ( ABA ) House of Delegates representative , I will be providing you with a copy of the proposed resolutions before the upcoming meeting . Specifically , the entire House of Delegates will be meeting in Denver during the first weekend of August . At that time , the proposals that have been put forth will be voted on by the entire House .
Please feel free to reach out if there are any items that you believe that we should speak in favor of , or against , from the following proposals , which pertain to issues that most lawyers encounter , including :
• Criminal Justice
• Dispute Resolution
• Women ’ s Rights
• Student Loans
• First Amendment Rights
• Cybersecurity
The items to be considered include the following :
1 . 1 ) Urging all federal , state , local , territorial , and tribal legislative bodies and governmental agencies to adopt laws and policies that protect the safety of all election workers and encourages the support of legislative efforts to protect the safety of all election workers .
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3 . 2 ) Urging federal , state , local , territorial , and tribal governments to : repeal laws that provide an exception to the prohibition of slavery and involuntary servitude through prison labor , enact legislation that eliminates hard labor as a form of punishment for a crime , and ensure that all prison labor is voluntary , safe , fairly compensated ; and amends the Criminal Justice Standards on Treatment of Prisoners ( 3rd Edition , 2011 ).
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5 . 3 ) Urging federal , state , local , territorial , and tribal governments to adopt Prosecutor-Initiated Resentencing legislation that permits a court at any time to recall and resentence a
person to a lesser sentence upon the recommendation of the prosecutor of the jurisdiction in which the person was sentenced .
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7 . 4 ) Urging the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States to adopt and implement a rule and procedure by which an attorney would only be required to apply once to practice in federal district court and , once admitted , would be permitted to practice in all federal district courts .
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9 . 5 Urging federal , state , local , and tribal governments to restrict the sale , purchase , transfer , servicing , and use of commercial spyware within the United States .
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11 . 6 ) Urging Congress to enact the Women ’ s Health Protection Act of 2023 ( H . R . 12 / S . 701 , 118th Congress ) or similar legislation to protect patients ’ access to abortion care without medically unnecessary restrictions and to protect health care professionals ’ ability to provide such care .
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13 . 7 ) Urging all state , local , territorial , and tribal governing bodies , education officials , school boards , school districts , and public libraries to advocate for and protect the First Amendment rights of students to access information and ideas in school by eliminating the ban of books in public education and libraries .
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15 . 8 ) Endorsing the use of negotiation and settlement processes to resolve tribal reserved water right claims , provided the concerned tribes elect to pursue such processes , as well as the availability of adequate financial and technical resources as an important precondition for achieving successful settlements , and specifically urges Congress and the Administration to support these settlement processes .
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17 . 9 ) Urging Congress to enact legislation permitting and encouraging both federal and private student loan lenders to create more favorable terms for borrowers and urges Congress to incentivize private student loan
PBCBA BAR BULLETIN 6 lenders to create more favorable terms and protections for borrowers , like those available to federal student loan borrowers .
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19 . 10 ) Urging federal courts to eliminate case assignment mechanisms that predictably assign cases to a single United States District Judge without random assignment when such cases seek to enjoin or mandate the enforcement of a state or federal law or regulation and where any party , including intervenor ( s ), in such a case objects to the initial , non-random assignment within a reasonable time ; and urges that , in such situations , case assignments are made randomly and on a district-wide rather than division-wide basis .
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