ABA Annual Meeting 2008 House of Delegates Resolutions*

10A Adopts the Best Practices for Judges in the Settlement and Trial of Cases Involving Unrepresented Litigants in Housing Court. Adopted as Revised

10B Urges Congress to examine the “incident to service” exception to the Federal Tort Claims Act. Adopted

10C Urges state, local, and territorial bar associations to adopt programs of introductory judicial education to assist lawyers with potential career aspirations of service in the judiciary. Withdrawn

10D Urges state and territorial judiciaries, in cooperation with state, local and specialty bar associations, to undertake assessments of their judicial systems. Adopted

10E Urges passage of H.R. 5833, to amend title 28, United States Code, to provide for the direct payment of attorney fees and costs to the attorney representing a prevailing party in certain Social Security Disability Insurance and Supplemental Security Income claims. Withdrawn

11-1 Amends §1.2 of the Constitution to include the following language as one of the purposes of the Association: “to defend the right to life of all innocent human beings, including all those conceived but not yet born.” Postponed Indefinitely

11-2 Amends §21.12 of the Bylaws to add a Student Associates category of membership for individuals enrolled in college or university level post secondary educational studies and have an interest in the work of the American Bar Association. Adopted

11-3 Amends §31.7 of the Bylaws to discontinue the Standing Committee on Lawyers’ Title Guaranty Funds. Adopted

11-4 Amends §31.7 of the Bylaws to create a Standing Committee on Gun Violence. Adopted
11-5 Proposes a number of housekeeping amendments to the Association’s Constitution, Bylaws and House Rules of Procedure. Adopted
100 Urges the U.S. Government to ratify the United Nations Convention on the Use of Electronic Communications in International Contracts. Adopted
101 Grants approval, reapproval and extension of the term of approval to several paralegal education programs, and withdraws the approval of two programs. Adopted

102 Supports international adoption as an integral part of a comprehensive child welfare strategy to address the worldwide problem of children without permanent homes and supports policies that make the process of international adoption more timely, less costly and less burdensome, while ensuring that international adoption practices are ethical and legal. Adopted/Report Revised
103 Urges federal, state, tribal and territorial legislative bodies, governmental agencies and health care providers to establish and support decision-making protocols to ensure that the wishes of those who have advanced chronic progressive illnesses are appropriately translated into visible and portable medical orders. Adopted as Revised

104A Recommends that Rule 32 of the Federal Rules of Criminal Procedure be amended by the addition of subsections (c)(3) and (c)(4). Adopted as Revised

104B Urges federal, state, tribal, local and territorial governments to develop comprehensive plans to ensure that the public is informed about conditions in correctional and detention facilities for adults and juveniles. Adopted as Revised
104C Urges federal, state, local and territorial governments to enact effective legislation, policies and procedures to ban law enforcement’s use of racial or ethnic characteristics not justified by specific and articulable facts suggesting that an individual may be engaged in criminal behavior. Adopted as Revised

104D Urges federal, state, local and territorial trial judges to give a cross-racial identification jury instruction where appropriate to guard against the enhanced risk of eyewitness misidentification. Adopted as Revised

105 Urges state, territorial and tribal legislative bodies and appropriate governmental agencies to develop comprehensive strategies to reduce the incidence of prescription drug diversion and abuse including the utilization of Prescription Drug Monitoring Programs. Failed

106 Urges the Senate to give its advice and consent to the ratification of the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. Adopted

107 Urges Congress to change laws to broaden federal review of the disproportionate representation of racial and ethnic minority children in the child welfare system and require and fund states to track, report, analyze and take and report on corrective action. Adopted

108A Urges the United States Government to expand and broaden interaction with the International Criminal Court (“ICC”). Adopted
108B Supports the contribution that the negotiated liberalization of international trade in goods and services, through government-to-government trade agreements, makes to the spread of the Rule of Law, both at the state-to-state level and within participants’ domestic legal systems. Adopted
109 Urges federal, state, local, territorial and tribal governments to adopt legislation and appropriate funding to strengthen protection and assistance for victims of gender-based violence within the United States and abroad. Adopted
110 Replaces the Judicial Division Standards Relating to Juror Use and Management with the ABA Principles for Juries and Jury Trials, adopted February 2005. Adopted

111A Adopts the Model Statute on Local Land Use Planning Procedures, dated August 2008, which addresses local land use procedures. Adopted

111B Urges Congress, states and territories to prescribe the administrative procedures to be employed by congressionally approved interstate compact agencies. Adopted
112A Adopts the Model Rule for Registration of In-House Counsel, dated August 2008, which provides a mechanism for jurisdictions to identify and monitor in-house counsel who are practicing in the jurisdiction. Adopted

112B Concurs in the action of the Council of the Section of Legal Education and Admissions to the Bar in deleting Interpretation 302-7 of the Standards for Approval of Law Schools concerning bar examination preparation courses. Approved the Motion to Concur

113A Adopts the ABA Model Act Governing the Representation of Children in Abuse, Neglect and Dependency Proceedings, dated August 2008. Withdrawn

113B Adopts the black letter of the Standards for Final Pretrial Submissions and Orders, dated August 2008, which are intended to provide guidance on how to move the case forward to trial Adopted

114 Amends Model Rule of Professional Conduct 1.10 (“Imputation of Conflicts of Interest: General Rule”) to permit screening within a law firm. Postponed Indefinitely
115 Urges states and territories to adopt legislation creating pilot programs that enable and encourage medical personnel to report hospital events which, if repeated, could threaten patient safety. Adopted as Amended

116A Urges states, territories and tribes to support the removal of legal barriers to the provision by healthcare provides of Expedited Partner Therapy in the treatment of those sexually transmitted diseases. Adopted as Revised

116B Urges states and territories to provide for mutual telemedicine licensure recognition, subject to compliance with applicable fees, discipline and professional standards of each jurisdiction’s medical board. Adopted as Revised

117A Urges Congress to support quality and accessible justice by ensuring adequate, stable, long-term funding for tribal justice systems. Adopted

117B Urges Congress to support quality and accessible justice by ensuring adequate, stable, long-term funding for tribal justice systems. Withdrawn

118 Encourages Senators in each state to jointly establish bipartisan commissions to evaluate the qualifications of prospective candidates for nomination to the U.S. district and courts of appeals. Adopted as Revised

119A Amends the Election Administration Guidelines and Commentary, dated August 2008, regarding the administration of the electoral process. Adopted

119B Urges law firms and other legal employers to allow time spent by lawyers as official poll workers (not poll watchers) to qualify as pro bono, community service or voluntary public service hours. Adopted as Revised

120 Adopts the Model Sustainability Policy and Implementation Guidelines for Law Organizations, dated August 2008. Postponed Indefinitely
121 Adopts a new mission, goals and objectives of the American Bar Association. Adopted as Revised

300 Addresses certain proposed legislation and international policy initiatives intended to impose obligations on company formation agents, including lawyers. Adopted as Revised

301 Urges State, local and territorial legislatures and regulatory bodies to refrain from requiring private investigator licenses for persons engaged in computer or digital forensic work, including expert testimony. Adopted
___________________________ *We are grateful to the American Bar Association for providing this information for posting.

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