ABA ANNUAL MEETING
GOES VIRTUAL
HON. DAN TRAYNOR
ABA Delegate
As a result of the COVID-19 Pandemic,
the American Bar Association (ABA)
transitioned the in-person ABA Annual
Meeting into an online virtual meeting. The
House of Delegates met virtually to consider
the various resolutions from all corners of
the legal profession.
This was the first ever virtual meeting of the
House. Even after the pandemic in America
subsides, I expect the ABA will use online
platforms more and more to conduct its
business. For example, the mid-year meeting,
which is set to be eliminated in 2024
because of budget cuts, may be replaced by
some type of virtual platform.
The House of Delegates considered a
number of resolutions dealing with elections,
various law enforcement, and investigative
actions, including concerns raised by the
actions of police in Minneapolis and the
protests that followed. The COVID-19
Pandemic influenced a few of the
resolutions, particularly amendments to the
ABA Standards and Rules of Procedure for
Approval of Law Schools relating to online
learning and bar admissions.
Resolution 100B supports an interpretation
of “race” that includes banning
discrimination on the basis of the texture,
style, or appearance of a person’s hair.
The resolution supports enactment of the
Creating a Respectful and Open World for
Natural Hair Act of 2019.
Resolution 103 urged the adoption of
educational policies that prohibit seclusion
or the use of restraints in K-12 schools.
The resolution supported a requirement for
professional development and training in
positive behavior interventions and traumainformed
care.
Resolution 107 adopted an amendment
to Rule 1.8(e) of the ABA’s Model Rules
of Professional Conduct relating to lawyer
gifts to indigent clients. The changes
allows a lawyer representing an indigent
pro bono client to provide modest gifts
of food, rent, transportation, medicine,
and other basic living expenses if financial
hardship would otherwise prevent the client
from maintaining the proceedings or put
substantial pressure on the client to settle.
Resolutions 109A, 109B, 109C, and 109D
concur with several actions taken by the
Council of the Section of Legal Education
and Admissions to the Bar in making
amendments to various rules of the ABA
Standards and Rules of Procedure for
Approval of Law Schools. Rule changes are
being made in response to the COVID-19
Pandemic and the impacts on in-person
education and bar admission.
Resolution 110 encourages the Department
of Veterans Affairs to remove regulatory
barriers to full accreditation of Tribal
Veterans Service Officers and encourage
funding and placement in tribal
communities.
Resolution 111B discourages the use of
strip searches and body-cavity searches of
children and youth, except in exceptional
circumstances. The resolution encourages
awareness of the harmful effects of
such actions, including trauma and revictimization.
Resolution 113A urges the re-authorization
of the Violence Against Women Act
and similar legislation. Resolution 113B
encourages policies requiring patient
consent in advance of all medically
unnecessary pelvic examinations. Resolution
113C adopts the eight principles and
accompanying commentary set forth in
the Department of Justice guidance titled
Identifying and Preventing Gender Bias
in Law Enforcement Response to Sexual
Assault and Domestic Violence.
Resolution 115 recognizes the impact of
reforms of legal systems that affect the
fundamental rights of children and youth
to be active participants in the legal system.
The resolution encourages the legal systems
to incorporate individuals who experienced
those systems as children into leadership
positions.
Resolution 116A urges governments to
enact legislation to maintain records of
the use of legal force and to appoint an
independent special prosecutor when
such force is used. The resolution also
contemplates a showing of “objective
reasonable necessity” to establish a defense
in criminal cases involving lethal force by
police.
Resolution 116E encourages voting by
pretrial detainees and encourages various
governments to enact laws to encourage
voter registration and participation by
those in detention. Resolution 116H urges
the restoration of voting rights to those
convicted of crimes once they are released
from incarceration.
Resolution 116G urges implicit bias training
for those in the legal profession, including in
the regulation of the legal profession.
24 THE GAVEL