Bill Weisenberg, NABE Delegate to ABA House of Delegates
Justice is the Business of Government: Working Together to Achieve it.The ABA House of Delegates is scheduled to meet on August 3-4, 2009 at the annual meeting in Chicago. Among the items on the agenda are the following,excerpted from materials provided by the House of Delegates. (The complete and click on Summary of Recommendations, June 26, 2009.) 11-1
CONSTITUTIONAL AMENDMENT
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.”
102A
STANDING COMMITTEE ON PRO BONO AND PUBLIC SERVICE
SECTION OF BUSINESS LAW
BAR ASSOCIATION OF SAN FRANCISCO
COMMISSION ON HOMELESSNESS AND POVERTY
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
Urges corporate counsel to work with the corporation and outside counsel to waive certain limited positional conflicts in areas related to mortgage, bankruptcy and consumer finance in order to reduce the number of pro bono matters declined by outside counsel due to conflicts, so long as the waivers are not inconsistent with applicable rules of professional conduct.
102B
STANDING COMMITTEE ON PRO BONO AND PUBLIC SERVICE
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
SPECIAL COMMITTEE ON DISASTER RESPONSE & PREPAREDNESS
COMMISSION ON LAWYER TRUST ACCOUNTS
NATIONAL LEGAL AID AND DEFENDER ASSOCIATION
Urges federal, state and local governments to address the unmet legal needs of low-income residents of communities affected by major disasters by action which includes providing additional emergency funding for not-for-profit legal services providers, bar associations and pro bono programs.
103
SECTION OF LITIGATION
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
Adopts the ABA Model Act Governing the Representation of Children in Abuse, Neglect and Dependency Proceedings, dated August 2009, which includes a mandate which requires that a lawyer be appointed for each child who is the subject of a petition in an abuse, neglect, dependency, termination of parental rights or post termination of parental rights proceedings.
104
STANDING COMMITTEE ON SPECIALIZATION
Grants reaccreditation to the Family Law Trial Advocacy, Civil Law Trial Advocacy and Criminal Law Trial Advocacy programs of the National Board of Legal Specialty Certification, DUI Defense Law program of the National College for DUI Defense, Inc., Estate Planning Law program of the Estate Law Specialist Board and Business Bankruptcy, Consumer Bankruptcy, Creditors’ Rights programs of the American Board of Certification.
105
SECTION OF STATE AND LOCAL GOVERNMENT LAW
Urges Congress to enact and the President to sign legislation authorizing the annual appropriation of federal distributive funding to the several states of the United States of America and their respective local governments and political subdivisions in 2011, and thereafter, in order to ensure continuity of funding of essential state and local government programs, projects and services following appropriations from the American Recovery and Reinvestment Act of 2009.
106
SECTION OF BUSINESS LAW
SECTION OF SCIENCE AND TECHNOLOGY LAW
Urges the Secretary of State and the Assistant Secretary of Commerce/Administrator of the National Telecommunications and Information Administration to support a renewal of the mandate of the Internet Governance Forum of the United Nations to operate substantially in accordance with its current mandate.
107A
SECTION OF INTELLECTUAL PROPERTY LAW
Opposes the elimination of the defense of unenforceability of a patent based upon inequitable conduct arising from proceedings in the United States Patent and Trademark Office.
107B
SECTION OF INTELLECTUAL PROPERTY LAW
Urges that the defense of unenforceability of a patent based upon inequitable conduct arising from proceedings in the United States Patent and Trademark Office be predicated on principles of common law fraud and that any judgment of such unenforceability be entered only upon proof by clear and convincing evidence.
107C
SECTION OF INTELLECTUAL PROPERTY LAW
Urges that, in considering whether to hold a United States patent unenforceable based upon an applicant’s alleged inequitable conduct arising from proceedings in the United States Patent and Trademark Office, information not be found to be material if it would not have been material under statutory and regulatory standards applicable during the prosecution of the application for the patent or its reexamination.
107D
SECTION OF INTELLECTUAL PROPERTY LAW
Urges that the defense of unenforceability of a patent based on inequitable conduct arising from proceedings in the United States Patent and Trademark Office (“PTO”) can be established only by proof by clear and convincing evidence of a specific intent to deceive the PTO by knowingly and willfully misrepresenting a material fact or material information to the PTO.
108
COMMISSION ON LAWYER ASSISTANCE PROGRAMS
Amends the Model Rule on Conditional Admission to Practice Law, including the commentary, dated August 2009, which addresses the standard for conditional admission, notification of violations and terms of art within the language of the Model Rule.
109
STANDING COMMITTEE ON ETHICS & PROFESSIONAL RESPONSIBILITY
SECTION OF LITIGATION
STANDING COMMITTEE ON PROFESSIONALISM
Proposes a housekeeping amendment to amend Model Rule of Professional Conduct 1.10 (“Imputation of Conflicts” General Rule”) to explicitly state that the screening procedures permitted under the Rule apply only when a lawyer has moved laterally from one practice situation to another.
111A
CRIMINAL JUSTICE SECTION
Urges courts to distinguish between attorney misconduct and attorney error and urges courts to refrain from declaring i
n any order, opinion, or other public statement that an attorney engaged in misconduct unless the courts finds that the attorney’s act or omission was purposeful, knowing or intentional or otherwise violated an applicable disciplinary rule or law.
111B
CRIMINAL JUSTICE SECTION
SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
Supports the enactment of legislation such as S. 714 (111th Congress) which would provide for a national study of the state of criminal justice in the United States to consider ways to reduce crime, lower incarceration rates, save taxpayer money, enhance the fairness and accuracy of criminal justice outcomes and increase public confidence in the administration of the criminal justice system.
112
SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES
SECTION OF FAMILY LAW
BEVERLY HILLS BAR ASSOCIATION
MASSACHUSETTS BAR ASSOCIATION
BAR ASSOCIATION OF SAN FRANCISCO
Urges Congress to repeal 1 U.S.C. § 7, which denies federal marital benefits and protections to lawfully married same-sex spouses.
113
COMMISSION ON IMMIGRATION
CRIMINAL JUSTICE SECTION
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
Supports legislation, policies and practices that preserve the categorical approach used to determine the immigration consequences of past criminal convictions, under which the adjudicator relies on the criminal statute and the record of conviction rather than conducting a new factual inquiry into the basis for the conviction.
114
SECTION OF INTERNATIONAL LAW
Supports the use of commercial arbitration to resolve disputes involving international business transactions and supports federal or state legislation or regulations that recognize and aid in the enforcement of international commercial arbitration agreements and awards.
115
TORT TRIAL AND INSURANCE PRACTICE SECTION
Adopts the Model Act Governing “Emergency Holding Periods for Disaster Animals”, dated August 2009, which can be used to establish guidelines for providing a safe harbor for shelters and greater certainty for owners concerning the time periods available to them to seek, find and recover their companion animals, and recommends adoption of the Model Act by state legislative bodies.
116
STANDING COMMITTEE ON ELECTION LAW
Amends the ABA Election Administration Guidelines and Commentary, and the Model Statutory Language on Provisional Balloting and Commentary, dated August 2009, to provide greater detail concerning the administration of provisional ballots on Election Day.
117
SECTION OF ENVIRONMENT, ENERGY AND RESOURCES
STANDING COMMITTEE ON ENVIRONMENTAL LAW
Adopts the Model Sustainability Policy and Implementation Guidelines for Law Organizations and urges law firms and other law organizations to adopt the Model.
118A
COMMISSION ON YOUTH AT RISK
COMMISSION ON HOMELESSNESS AND POVERTY
Encourages the federal government, states and school districts to pass laws and implement policies that will secure the right of every child to a high-quality education and encourages attorneys and bar associations to help secure that right through improvements in state and federal law, representation of students, parents and organizations and community legal education.
118B
COMMISSION ON YOUTH AT RISK
COMMISSION ON HOMELESSNESS AND POVERTY
Urges federal and state legislatures to pass laws and national, state and local education, child welfare and juvenile justice agencies to implement and enforce policies that will help advance the right to remain in school, promote a safe and supportive school environment for all children and enable them to complete school.
118C
COMMISSION ON YOUTH AT RISK
COMMISSION ON HOMELESSNESS AND POVERTY
Urges the enactment and implementation of statutes and policies that support the right of youth who have left school to return to school to complete their education in high-quality, age appropriate programs.
119
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
CRIMINAL JUSTICE SECTION
SPECIAL COMMITTEE ON DEATH PENALTY REPRESENTATION
COUNCIL ON RACIAL AND ETHNIC JUSTICE
STANDING COMMITTEE ON JUDICIAL INDEPENDENCE
GENERAL PRACTICE, SOLO AND SMALL FIRM DIVISION
Adopts the Eight Guidelines of Public Defense Related to Excessive Workloads, dated August 2009, which contain essential steps to be taken by those organizations and lawyers who provide criminal defense services for persons in the United States who cannot afford to hire an attorney.
120
SECTION OF HEALTH LAW
Urges Congress to enact legislation and to direct the appropriate federal department(s) to issue regulations that establish uniform guidance on addressing conflicts of interest in all human clinical trials.
121
SENIOR LAWYERS DIVISION
Changes the name of the Senior Lawyers Division to the Elder Law and Experienced Lawyers Division.
122
STANDING COMMITTEE ON PUBLIC EDUCATION
Urges policymakers to establish a Coordinating Office of Civic Education in the U.S. Department of Education to enhance students’ civic learning by offering competitive grant programs at the local, state and national levels and urges that the National Assessment of Educational Progress for civics and U.S. history be conducted every four years and that the results be reported at both the national and state levels.
Please do not hesitate to contact me with regard to information or matters pertaining to the ABA House of Delegates, programs and initiatives pertaining to a fair, impartial and independent judiciary, or any other matter of which I can be of assistance. I can be reached at (614) 487-4414 or wweisenberg@ohiobar.org. Your thoughts and comments are welcome and appreciated.
