ABA DELEGATE REPORT
ABA Midyear Meeting 2022 Report
DAVID MILLER Dear Fellow PBCBA Members ,
I hope this finds each of you and your loved ones well . David Miller here , your PBCBA Delegate to the American Bar Association . I write to report on some of the resolutions voted upon by the House of Delegates at the ABA ’ s 2022 Midyear Meeting .
Young Lawyers – the House adopted a resolution urging bar admissions authorities , law schools , bar associations , and legal employers to adopt clear and uniform policies allowing for accommodations for lactating individuals .
Intellectual Property Law – the House approved a resolution adopting policy supporting a definition of utilitarian functionality based on whether features of a claimed trade dress are essential to the use or purpose of the associated good or service or affect their cost or quality .
Elder Law – the House adopted a resolution urging Congress and the Centers for Medicare and Medicaid Services ( CMS ) to take certain actions , with broad interagency input , to enhance the transparency and accountability of nursing home ownership and management . The House also adopted a resolution adopting the recommendations of the Fourth National Guardianship summit and encouraging incorporation of the recommendations by courts , legislatures , and policy makers in efforts to improve adult guardianship laws , policies and practices .
Military Personnel – the House adopted a resolution urging the Department of Defense , the Administration , and Congress to review the processes and procedures used when determining Veterans ’ discharge upgrade petitions to ensure that Veterans seeking relief will not be treated inconsistently with principles of fundamental fairness .
Human Rights – the House adopted a resolution encouraging governments to redesign policy and repurpose funding to prevent youth homelessness and adopt a variety of best practices ; encouraging the judiciary to recognize and remove legal barriers to housing stability ; and encouraging bar associations and attorneys to review model state statutes to facilitate understanding of the legal needs and structures related to youth homelessness . The House also adopted a resolution urging the permanent members of the United Nations Security Council ( UNSC ) to commit in principle to voluntary restraint in exercising their veto power with respect to resolutions proposing measures to prevent genocide , serious war crimes , ethnic cleansing , or crimes against humanity . The House also adopted a resolution urging the United States and the international community to prioritize efforts to combat kleptocracy in countries where government institutions have been captured by corrupt actors .
Immigration – the House adopted a resolution seeking to support Afghans at home and abroad to allow for advocacy for both legislation and other administrative remedies that would facilitate continued evacuation and streamline processing of immigration benefits . The House also adopted a resolution urging the federal government to maintain and provide to all persons seeking protection from persecution or torture an asylum system that affords them transparency , due process , access to counsel , and a full and fair adjudication that comports with U . S . and international law and urges an end to the use of Section 265 of Title 42 of the U . S . Code by the Department of Health and Human Services and the Department of Homeland Security to block and expel asylum seekers at the U . S . Border . The House also adopted a resolution urging the Department of Homeland Security , the Department of Justice , and the Department of Health and Human Services , to identify and eradicate actual and perceived racial bias , discrimination , and xenophobia in the enforcement of the Immigration and Nationality Act , 8 U . S . C . § 1101 , et . seq .
Apportionment and Seats in the US House of Representatives – the House adopted a resolution urging all federal officials to adopt and follow laws and policies to ensure that all persons in each state , regardless of immigration status , are included in the apportionment count used to redistribute seats in the United States House of Representatives following each decennial census .
Dependency – the House adopted a resolution urging the adoption of laws to establish a legal presumption that children involved in dependency ( child welfare ) cases are present and actively engaged in their own court proceedings unless a child , in consultation with counsel , has waived the right to be present .
Criminal Justice – the House adopted a resolution urging federal , state , local territorial , and tribal governments to align court decisions on pretrial release from jail with the presumption of innocence by refraining from the use of risk assessment tools and pretrial release evaluations where data demonstrates continued conscious or unconscious racial and economic bias .
Election Law – the House adopted a resolution urging federal , state , local , territorial , and tribal governments to preserve and protect the right to vote in U . S . elections . To that end , the ABA opposes laws and regulations that have the purpose , intent , or effect of restricting voting rights , the core of our democracy . The House also adopted a resolution urging Congress to amend the Electoral Count Act ( ECA ) to include several provisions regarding the role of the Vice-President and objections to a state ’ s electoral count or electors , as well as to amend the ECA to clarify and modernize its language and structure .
The deadline for submission of proposed Resolutions with Reports for the 2022 Annual Meeting is May 4 , 2022 . If you have any ideas for potential resolutions to bring before the ABA House of Delegates , please contact me at 561-684-3222 or drm @ derreverelaw . com . Thank you .
PBCBA BAR BULLETIN 5