THE ABA ' S NEW NORMAL
HON . DAN TRAYNOR ABA Delegate
In springs past , lawyers from around the country hop on planes to Washington , D . C ., for the American Bar Association ’ s ( ABA ) annual ABA Days fly-in lobbying effort . The lingering pandemic resulted in the 2021 effort going digital .
In 2021 , the ABA is advocating for legal aid funding needed to help low-income people resolve problems resulting from the pandemic and to pass legislation to strengthen judicial security .
As always , North Dakota ’ s delegation has been very accommodating . Congressman Kelly Armstrong quickly arranged his schedule to meet with SBAND via Zoom , as the Congress is in session . Senator Kevin Cramer opted for an in-person meeting in Bismarck . Senator John Hoeven ’ s capable staff also stood ready to visit with North Dakota ’ s lawyers .
The ABA has generally pushed for more funding for the Legal Services Corporation ( LSC ), which was created to promote equal access to justice by providing funding to civil legal aid programs . In 2020 , ABA advocacy helped increase LSC funding by $ 25 million to its current funding level - $ 465 million .
Less than one percent of that funding goes to Legal Services of North Dakota ( LSND ), the LSC grantee in our state . In fact , the majority of LSND funding comes from “ Non-LSC Funding ,” including a small surcharge ($ 15 ) paid as part of the $ 80 civil filing fee and other grants . Although grant funding can be hit-andmiss , LSND benefits from consistent funding provided by Aging Services for economically disadvantaged seniors .
LSND serves thousands of indigent and vulnerable residents through its nine lawyers in four offices . Indian Country is a particular focus of LSND , with each reservation within its reach .
The most common service LSND provides is the preparation of advanced directives to needy seniors . However , when contacted by someone with substantial assets , LSND recommends the person retain competent counsel at their own expense . LSND may even refer these persons to lawyers within their community .
LSND will also assist seniors or the disabled with bankruptcy proceedings where there is substantial debt arising from medical treatment . The organization is also called upon to help clients in family law matters following a divorce .
The ABA ’ s second focus on judicial security arises from the riotous attacks on federal courthouses in Portland and other cities . Also , the tragic murder of Daniel Anderl , the son of U . S . District Court Judge Esther Salas of New Jersey , also brought the toxic environment in public discourse to a uniquely personal level for members of the bench and bar . Judge Salas ’ s family was attacked by a disgruntled attorney . Her son was killed , and her husband was badly injured . The resulting Daniel Anderl Judicial Security and Privacy Act would protect the confidentiality of judges ’ personally identifiable information and prohibit the dissemination of such information over the internet , except under limited circumstances .
In the 2021 North Dakota Legislative Session , Senate Bill 2276 seeks to amend Section 44-04-18.3 of the North Dakota Century Code to make some personal identifying information of law enforcement and judicial employees confidential . The request for confidentiality must be renewed annually .
ALI Annual Meeting to Meet Virtually
The 2021 Annual Meeting of the American Law Institute ( ALI ) is scheduled to occur virtually in two blocks on May 17-18 and June 7-8 . The ALI will continue its work on the Law of American Indians , Compliance and Enforcement for Organizations , Children and the Law , Principles for a Data Economy , Intentional Torts to Persons , Property , and Model Penal Code : Sexual Assault and Related Offenses .
ABA Annual Meeting to Meet In Person
While ABA Days will be digital in 2021 , it is expected the leadership of the ABA will be meeting in person by late summer . The 2021 Annual Meeting of the ABA was scheduled to occur in August in Toronto , Canada . The border with Canada remains closed for travel . Recently the association surveyed members of the House of Delegates to propose relocating a pareddown version of the annual gathering to Chicago . I understand the result will be a meeting of the House and Board of Governors without many of the section or group meetings . It is not entirely a new normal , but it appears to be an attempt to get back to some form of normal .
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