ABA DELEGATE REPORT
ABA DELEGATE REPORT
PBCBA Delegate Summer 2024
POORAD RAZAVI
Happy hot and humid summer season to all . As you may know , the American Bar Association ( ABA ) just had its annual conference in Chicago , followed by its House of Delegates ( HOD ) session . As your ABA HOD representative , I want to provide you with an update of milestone developments that occurred during this session .
The high caliber of speakers , including the Governor of Illinois and the ABA ’ s President , Mary Smith , all had a similar message about access to justice . President Smith expressed grave concerns about the ongoing attacks to our democracy , whether they be the January 6 Capitol attack , robocalls discouraging certain members of the public from voting , changes to DEI initiatives , and the recent attempted assassination of former President Donald Trump . The ABA intends to use its voice to reach out to younger lawyers , and the public as a whole , to raise awareness of these issues , and to highlight the influence of the ABA .
As an example of the weight of the ABA , President Biden ’ s plan for the Supreme Court tracked a resolution voted upon and submitted by the ABA for the Court during last year ’ s ABA HOD session .
With that said , the following is a summary of a few of the major proposed Resolutions that were approved by the House :
1 . Supports efforts undertaken by the United States Government to support Taiwan ’ s inclusion in the international system , in accordance with the TAIPEI Act of 2019 and the Taiwan Enhance Resilience Act ; and calls for specific actions to address the misrepresentation of Taiwan ’ s status and identity .
2 . Opposes legislation and urges the repeal of laws which permit or require the display of the Ten Commandments in public schools ; and opposes legislation , and urges state , local , territorial , and tribal governments to repeal laws which allow public schools to employ , or accept as volunteers , chaplains to provide student support services when such individuals are not certified to provide such services .
3 . Urges Congress to repeal the Comstock Act of 1873 as amended .
4 . Urges federal , state , local , territorial and tribal governments to enact laws and policies that increase access to confidential prenatal , peripartum , and postpartum care for historically marginalized communities and those disproportionately impacted by maternal mortality and morbidity .
5 . Opposes non-disclosure or nondisparagement agreements as conditions of employment and urges federal , state , local , territorial , and tribal governments to enact laws prohibiting and making non-enforceable pre and post dispute settlement agreements which limit an employee ’ s ability to disclose information underlying claims of workplace harassment , discrimination , or statutory workplace rights violations .
6 . Urges congress to pass the Countering Threats and Attacks on Our Judges Act ( See Senate Bill 3984 ), or similar legislation ; and urges support for the creation of a Judicial Threat Center due to an increasing number of violent incidents against judges , court staff , and the general public .
7 . Prohibits the use of police deception or subterfuge in eliciting admissions or confessions from youth under the age of 18 , including promises of leniency or false representations the child will be able to go home , or that the charges will be dismissed , or other such promises made by police which are false .
8 . Urges federal , state , local , territorial and tribal governments to adopt investment principles and vehicles that do not include entities that generate at least 20 % or another designated percentage of their revenue from incarceration facilities and supervision ; and encourages investment entities to create funds which do not generate more than 20 % of their income through incarceration-related activities and for legal system employees to avoid such investment entities .
9 . Reaffirms the ABA ’ s 2012 policy supporting attorney license portability for military spouse-attorneys ; and further provides specific direction to licensing entities regarding standards for licensure requirements that satisfy the ABA 2012 policy .
10 . Urges federal courts , Congress , and the President of the United States to
PBCBA BAR BULLETIN 6 reaffirm the longstanding implied private right of action to enforce provisions of the Voting Rights Act of 1965 .
11 . Urges state and territorial bar admission authorities to eliminate from applications required for admissions to the bar any question mandating disclosure or documentation of the applicant ’ s history as a victim of domestic violence , dating violence , sexual assault , sexual harassment , or stalking and only seek information focusing on the applicant conduct of behavior that may demonstrate a lack of character and fitness to practice law in a competent , ethical , and professional manner .
Examples of Resolutions that were withdrawn , and therefore not approved , include the following :
1 . Urges all legal employers to adopt policies and practices that encourage all of their employees to unplug at least one week per year ; and urges all law firms to provide 40 hours of billable hour credit to those who unplug for one week .
2 . Urges all legal employers to : ( 1 ) adopt policies and practices that promote flexible work arrangements (“ FWA ”) by establishing clear , equitable and written policies about the availability and procedures for FWA ; ( 2 ) permit time off for employees to address personal and family needs ; and ( 3 ) provide employees with the tools and resources necessary for them to be successful with their FWA .
3 . Urges law schools to provide more information on their websites , uniformly , regarding many expenses associated with the cost of attending law school and beginning a legal career .
There will be another slew of resolutions prior to the ABA Midyear Meeting in Phoenix in February 2025 . The proposed resolutions are available online on the Bar Association ’ s website . If you have any questions or comments about any of the past , present , or future resolutions , please do not hesitate to contact me at ( 561 ) 515-1400 or prazavi @ cohenmilstein . com .