LEADERSHIP CHANGES AT THE ABA
HON . DAN TRAYNOR ABA Delegate
A remarkable changing of the guard took place at the annual meeting of the American Bar Association ( ABA ) in Chicago . Deborah Enix-Ross , a highly accomplished attorney from New York , assumed the reins as president of the ABA . She takes over from an outstanding Detroit litigator , Reginald Turner . Both are African Americans , which is the first time the reins have been exchanged in that way .
The ABA had a similar celebration just a few years ago when the presidency was transferred between three women : Paulette Brown to Linda Klein to Hilarie Bass . Indeed , during Linda Klein ’ s presidency , all the leadership positions were held by women .
The milestones are continuing . In August 2023 , Mary Smith of Illinois will become the first ABA president to claim American Indian heritage .
As these accomplishments become more commonplace , it is important to remember the ABA did not allow African Americans into membership until 1943 . The first woman was elected president in 1995 , and the first African American in 2003 .
Several resolutions considered during the House of Delegates meeting might be of interest to North Dakota lawyers .
Resolution 502 , advanced by the Criminal Justice Section , encourages a “ second look ” at criminal sentences when an individual has been incarcerated for 10 years .
Resolution 504 encourages expanded cyberstalking legislation to require investigation by law enforcement , stronger penalties for committing such crimes , and a private right of action .
Resolution 505 seeks to advance passage of the RESPECT Act [ H . R . 3587 ] to strengthen the United States governmentto-government relationship with tribes and to better effectuate its trust responsibilities through a codified tribal consultation process . The RESPECT Act will codify into law that federal agencies must consult with tribal governments before taking federal actions that impact tribal lands , rights , resources , or citizens .
The Section of Intellectual Property put forward several resolutions aimed at improving that practice . Resolution 508 supports a test for deciding when the Lanham Act should apply extraterritorially . Resolution 509 backs the principle that a final judgment on the merits by a court of competent jurisdiction on an infringement claim should preclude the patent owner from asserting similar infringement claims regarding the same patent against other persons . Resolution 510 encourages the director of the United States Patent and Trademark Office to collect voluntarilydisclosed demographic information to track diversity , equity , and inclusion . The same resolution opposes using that same information as a factor for determining patentability .
Resolution 601 seeks to repeal Federal Law 18 U . S . C . § 922 ( t )( 1 )( B )( ii ), which it describes as the “ Charleston Loophole ,” that allows for the sale of a firearm to be consummated after three business days have expired , even if the background check has not been completed .
Similarly , Resolution 801 urges governments to close the so-called “ boyfriend ,” “ stalking ,” and “ ex parte ” loopholes in firearms laws by prohibiting the purchase , possession , or receipt of firearms and ammunition by persons who commit domestic violence , or stalking , and by requiring such person to relinquish firearms and ammunition .
A copy of all the resolutions considered by the ABA House of Delegates is available on the ABA ’ s website , www . americanbar . org .
Judge James ( Jim ) Hill Elected to ABA Board of Governors
ABA State Delegate from North Dakota Judge James ( Jim ) Hill has been elected to the ABA Board of Governors . I will assume Jim ’ s duties as ABA State Delegate at future meetings , which will require a few premeetings that involve the selection of ABA officers .
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