MEMORANDUM

TO:

FROM:

SUBJECT: 2013 Annual Meeting of the American Bar Association andMeeting of the House of Delegates

DATE: September 19, 2013____________________________________________________________________

REPORT ON THE ABA ANNUAL MEETING

The 135th Annual Meeting of the American Bar Association (the “ABA”) was held August 12-13, 2013, at the Moscone Convention Center West in San Francisco, California. Wide varieties of programs were sponsored by committees, sections, divisions, and affiliated organizations. The House of Delegates met for one and a half days. The Nominating Committee also met.

The Nominating Committee sponsored a “Meet the Candidates” Forum on Sunday, August 11, 2013. The following candidates seeking nomination at the 2014 Midyear Meeting gave speeches to the Nominating Committee and to the members of the Association present: Patricia Lee Refo of Arizona and Mark I. Schickman of California, candidates for Chair of the House of Delegates; and Paulette Brown of New Jersey, candidate for President-elect.

THE HOUSE OF DELEGATES

The House of Delegates of the American Bar Association (the “House”) met on Monday, August 12, and Tuesday, August 13, 2013. Robert M. Carlson of Montana presided as Chair of the House.

The Travis Air Force Base Honor Guard presented the colors. The invocation for the House was delivered by Pauline A. Schneider of the District of Columbia. The Chair of the House Committee on Credentials and Admissions, Reginald M. Turner of Michigan, welcomed the new members of the House and moved that the signed roster be approved as the permanent roster for this meeting of the House. The motion was approved. .

Hilarie Bass of Florida, Chair of the Committee on Rules and Calendar, provided a report on the Final Calendar for the House, including recently filed reports. She moved to consider the late-filed reports, adopt the final calendar and approve the list of individuals who sought privileges of the floor. All three motions were approved. She also referred to the consent calendar, noting the deadline for removing an item from the consent calendar or from the list of resolutions to be archived. Later in the day, Ms. Bass moved the items remaining on the consent calendar. The motion was approved.

1

Ms. Bass noted that the deadline for submission of Resolutions with Reports for the 2014 Midyear Meeting is Wednesday, November 20, 2013, while the deadline for Informational Reports is Friday, December 6, 2013. She reminded the House that the Drafting Committee, chaired by Pamela Bresnahan, is available to assist anyone in drafting resolutions, and to feel free to contact the committee in preliminary drafting stages prior to the filing deadline.

In an effort to ensure that the members of the House are fully informed regarding future resolutions submitted for its consideration, Ms. Bass reported that the Rules and Calendar Committee is instituting the following definitions and procedures regarding resolutions. The term cosponsor will refer to an entity which has worked closely with the sponsoring entity to draft and develop the resolution and is identified as such by the printing deadline.  Such entities will be included in the bound books and on documents such as the final calendar, daily journal or the “official” summary of action. The term supporter will be used to describe an entity which votes to endorse the resolution but has not been integrally involved with the original drafting.  Such entities may be mentioned during the presentation of the resolution, but will not be included in the bound books or printed on documents such as the final calendar, daily journal or the “official” summary of action.

As to amendments and revisions, once a resolution has been filed and approved for calendaring, it becomes the property of the House of Delegates.  To the extent that amendments are made and revisions are agreed to by all parties after the filing/calendaring deadline, the movant must provide an explanation to the House regarding why the revision and/or amendment was agreed to or made.  This will provide the House with additional information helpful to ensuring that they are casting as informed a vote as possible.

Ms. Bass concluded by stating that the members of the House would receive additional information in the coming months regarding these new definitions which will be instituted for the 2014 Midyear Meeting.

For more details of the House meeting, see the following two-part report of the House session. The first part of the report provides a synopsis of the speeches and reports made to the House. The second part provides a summary of the action on the resolutions presented to the House.

I. SPEECHES AND REPORTS MADE TO THE HOUSE OF DELEGATES

Statement by the Chair of the House of Delegates

Robert M. Carlson of Montana, Chair of the House of Delegates welcomed the delegates and guests to the 135th Annual Meeting of the House of Delegates.  He thanked the ABA Communications and Media Relations Division and House committees for assisting with the meeting, and announced that the Technology Committee would be reporting on the proceedings of the House via Twitter.  Chair Carlson also extended a special welcome to the new members of the House.

2

  Chair Carlson stated that beginning with the 2014 Midyear Meeting, the House of Delegates will receive the House book electronically but that members may still request a hardcopy book.  

In his statement to the House, Chair Carlson discussed the procedure for addressing the business and calendar of the House.  He also advised that Delegate-at-Large voting would close that day at 5:00 p.m.

           Chair Carlson recognized the Fund for Justice and Education as the ABA’s charitable arm and urged member support of FJE.  He also recognized the importance of the ABA Legal Opportunity Scholarship Fund, which is an FJE project.

          Chair Carlson highlighted the important policy role of the House, identifying recent successes where the ABA urged Congress to support the Legal Services Corporation and the Violence Against Women Act.  He encouraged all members to be active in the ABA Grassroots Action Team and participate in ABA Day in Washington, D.C.  The next ABA Day will be April 10-12, 2014.  Chair Carlson also recognized ABA Retirement Funds for its 50th anniversary and its service to the retirement needs of 37,000 legal professionals.

Statement by the Secretary

Hon. Cara Lee T. Neville of Minnesota, Secretary of the Association, moved approval of the House of Delegates Summary of Action from the 2013 Midyear Meeting, which was adopted by the House. On behalf of the Board of Governors, Secretary Neville presented and referred the House to Report Nos. 177 and 177A, the Board’s Informational and Transmittal Reports to the House. She moved to adopt the special list of committees and commissions as listed which was approved.

Deceased members of the House were named by the Secretary of the Association, Hon. Cara Lee T. Neville of Minnesota, and were remembered by a moment of silence. Chair Carlson also asked for recognition of those who had given their lives in defense of our freedom.

Chair Carlson recognized Wm. T. “Bill” Robinson III of Kentucky on a point of personal privilege to speak about the passing of Allan J. Joseph, former Treasurer of the Association. Mary Beth Clary of Florida was recognized to speak about Samuel H. Porter of Ohio. Lisa Tatum of Texas was recognized to speak about the passing of D. Gibson Walton of Texas, former member of the House of Delegates. Chair Carlson spoke in honor of Jeanne Gray, Associate Executive Director for ABA Public Services and recognized her dedication, generosity and professionalism to the ABA for 33 years.

Remarks by The Attorney General of the United States

The Honorable Eric H. Holder, Jr., Attorney General of the United States, addressed the House, which he thanked for its faithful service as stewards of the legal system.  He stated how he appreciated ABA leadership on a range of issues, including gun violence prevention and human trafficking.  He said that the ABA has led on issues

3

of criminal justice and injustice, and that it is time for our federal government to follow this lead.

Attorney General Holder stated that the system of criminal justice is broken in many ways.  A vicious cycle of poverty, criminality, and incarceration traps too many Americans and weakens too many communities.  He stated that too many Americans are sent away to prisons for far too long. He also explained how it was time for the criminal justice system to address these inequities and unwarranted disparities, and no longer exacerbate them.  

Attorney General Holder said that these justice issues have been important to

him and President Barack Obama for many years.  Striking the balance between protecting our communities and preserving values of fairness and equality is the focus of the Administration's policy.  He said that the President will continue to reach out to Congress and state leaders to reduce violent crime and reform the criminal justice system.   

Attorney General Holder said that the Justice Department's review of the criminal justice system over the last several months has found a range of obstacles and inequities in the federal system.  As the “so called war on drugs” enters its fifth decade, new approaches and common sense solutions must be implemented. He announced to the House a range of new policy initiatives that the federal government would now accordingly undertake.

Some of these new initiatives involve efforts to focus on crime hotspots and encourage more local policing.  Other initiatives relate to youth violence and the need to confront the school to prison pipeline. At 50 years, the promise of Gideon is not being met and indigent defense systems remain in a state of crisis. Attorney General Holder focused on the need for increased funding for federal public defender offices and increased pro bono service.  

Attorney General Holder focused on the need to reduce incarceration rates in America and announced new Department of Justice policies related to mandatory minimum sentences, the prosecution of certain drug-related offenders, creating best practices for alternative programs such as drug treatment and community service programs, and the early release of elderly inmates.  Attorney General Holder called on the ABA to support these efforts going forward.

Statement by the ABA President

ABA President Laurel G. Bellows of Illinois highlighted the many accomplishments of the bar year due in large part to collaboration with state and local bar associations and many Sections and Standing Committees. She thanked the ABA staff for being hard working, innovative, and dedicated to the mission of the ABA. 

She stated that she has been on a mission this past year to remind every American lawyer that what lawyers do matters and that lawyers are a part of the fabric that holds society together. She has routinely witnessed how the fact that lawyers

4

matter is reflected in the work of all of the members of the House and those who are engaged in the work of the ABA.  

President Bellows highlighted some of the many accomplishments this year. Beginning with the progress made toward achieving gender equity in the legal profession, to the giant steps taken to combat human trafficking in our country, to searching for solutions to cyber-attacks and providing guidelines to lawyers on information security, and continuing our role to assure adequate funding for our justice system. She is particularly proud of the work of the Human Trafficking Task for creating and implementing an action plan for the past year. The House of Delegates passed resolutions adopting a uniform state law to prosecute the perpetrators of human trafficking and protect victims, worked to develop business conduct standards to remove slavery from corporate supply chains, labor and employment laws and training for employees to identify victims, a pro bono center, a website, the training of 500 legal professionals, among other successes. She acknowledged the social media campaign led by the YLD to raise awareness about gender equity issues.

President Bellows emphasized that lawyers matter by defending our inalienable rights, pledging loyalty to our clients, and being the advocates for the rule of law. She stated that a few long term fights ahead that will require the intention and persistence of lawyers will be in the areas of voting rights, racial discrimination, and attorney-client privilege.

She concluded by thanking the House for this year and the honor of serving as President. She described the ABA as being her teacher, energizer, source and force of many ideals, and a platform for harnessing the power of our profession. She reiterated how the great importance of lawyers as leaders is reflected in the work of the ABA, and through the love of freedom in the eyes of lawyers around the world. Our work proves to the next generation that lawyers will always matter.

ABA Medal Presentation

ABA President Laurel G. Bellows of Illinois introduced Hillary Rodham Clinton, former Secretary of State, as the recipient of this year’s ABA Medal.  Secretary Clinton stated how grateful she is to receive the award.  She values the award so much because she knows the important work that the ABA does.  She reflected on the work of the first Commission on Women in the Profession which she chaired 25 years ago.

Secretary Clinton stated that the ABA helped start the movement for gender equality in the legal profession and continues to be at the forefront today to ensure equal work for equal pay. She said the ABA is also leading the way to combat human trafficking, and she appreciates the critical work the ABA ROLI and the World Justice Project are doing to advance the rule of law.

Secretary Clinton focused her remarks on the important role attorneys play in addressing societal problems, resolving disputes, promoting the rule of law, and protecting human rights.  She stated that the law should continue to serve and belong to

5

the people of the United States. She also focused on the issue of voting rights and why they are so foundational to our democracy and future.

She stated that the protection of the Voting Rights Act, and her appreciation of the ABA's support of this effort, is necessary to give the United States standing to defend human rights, democracy, and freedom abroad.  She referenced the many people around the world who are risking their lives for the right to vote. She then focused on the fact that one third to one quarter of Americans remain unregistered to vote and unable to participate in our electoral system. She stated there has been a sweeping effort in 2013 consisting of 80 bills introduced in 31 states to restrict voting rights and make it harder for millions of citizens to be able to vote.

To address voting rights problems, Secretary Clinton called for increased Department of Justice enforcement, new legislation from Congress, and grassroots action by citizens and lawyers across the country.  She highlighted the power and reach of the ABA and House of Delegates, and our unique ability to drive progress and right wrongs. She concluded by stating the United States has a rich tradition of lawyer citizens, and our focus now should be how the law can be brought into people’s lives to help it serve and empower them. 

Statement by the Treasurer

ABA Treasurer Lucian Pera addressed the House.  He reported that the ABA’s finances are sound.  He stated how there remains financial challenges related to the future sustainability of the ABA’s general operations finances, but overall the financial results are good, projected to end the year better than budget, and are generally positive.

He reported that the FY2014 budget, approved at this meeting by the Board of Governors, was created through a fair and smoother process this year.  Generally, revenues slightly exceeded what was budgeted, while expenses were slightly less than that budgeted.  Further, detailed general operations budget projections have been developed for the next three years to allow for more thoughtful financial planning.

Treasurer Pera stated that there remained challenges in dues revenue and noted that there has not been a dues increase since 2007.  He noted that the ABA faces various options to counter decreased dues revenue. These options include further cutting expenses, using some amounts from reserves, increasing non-dues revenue, and possibly raising dues.  These are the issues that the Board of Governors will be confronting in the next year.  Treasurer Pera thanked ABA staff, especially the Financial Services Team, for their assistance during this past year, and expressed his appreciation for the opportunity to serve as Treasurer.

6

Presentation by the American Bar Endowment

Chair Carlson recognized J. Anthony Patterson, Treasurer of the American Bar Endowment to present a check to Lucian T. Pera and to Judge Bernice Donald in the amount of $3.3 million each to the American Bar Association Fund for Justice and Education and to the American Bar Foundation.

Remarks by Legal Services Corporation Board Chairman

Chair Carlson recognized John G. Levi, Chairman of the Legal Services Corporation, to address the House. Chair Levi of the Legal Services Corporation (LSC) expressed gratitude to the ABA on the eve of LSC’s 40th anniversary and urged continued support for the unmet legal needs of the poor. He highlighted that the House of Delegates has been an indispensable ally and champion for the LSC. The LSC has worked closely with the ABA over the years and benefited greatly through this partnership and from the advocacy of ABA Day.

He stated that the number of people eligible for civil legal assistance is at an all-time high, nearly 20% of Americans, while funding is at all-time low, cut to just $341 million after sequestration this year. This decline in funding has had grim results nationwide, with more than 1,000 positions eliminated, 30 mostly rural offices have closed, and programs forced to turn away half or more of eligible clients due to lack of resources. These chronic cuts and underfunding of legal aid have resulted in civil legal aid lawyers being paid among the lowest in the nation and a growing number of pro se litigants in family courts.

As the LSC enters its 40th year, Chair Levi stated lawyers have a responsibility to ensure the justice system remains true to our country’s founding values. Equal access to legal representation is a fundamental right, the single right that makes every other right viable.

Passing of the President’s Gavel and Statement by President-Elect

ABA President Bellows introduced President-elect James R. Silkenat of New York. Mr. Silkenat thanked the House for the great honor of serving as President for the upcoming year. He reflected on what an important time it is for our profession and then spoke of his initiatives for the upcoming year, which include court funding, election law reform, immigration, gun violence and legal aid.

He thanked President Bellows for guiding us forward on gender equity, human trafficking, and cybersecurity in ways that have been of great value and have helped the ABA strengthen the U.S. justice system.

President-elect Silkenat stated that the nation is suffering from an access to justice paradox—too few good jobs for graduates and, on the other hand, vast unmet civil legal needs across the country. He indicated that according to the World Justice Project, the U.S. ranks 66 out of 98 nations in access to and the affordability of civil legal services. He announced that the new ABA Legal Access Job Corps Task Force

7

will focus on finding solutions to these problems and will find ways to match young lawyers who need practical job experience with low income clients who need legal assistance.

He discussed that some of the most pressing justice system and legal profession issues facing us within the ABA continue to be serving our members, attracting underrepresented parts of our profession, increasing diversity, addressing needs of government and corporate counsel, and working on common goals with colleagues in state and local bars.

President-elect Silkenat then focused his remarks on a broader national context. He stated the most immediate issue is the impact of sequestration of funds for our courts, which is particularly damaging to the delivery of effective legal representation to poor people accused of federal crimes. The $350 million reduction to the federal judiciary budget has resulted in a significant cut this year to the network of high quality federal defenders’ offices around the country and has forced the layoffs of many experienced lawyers who have devoted their professional careers to representing indigent federal defendants. He stated this is a deep embarrassment to a nation grounded in the rule of law and is contrary to what our national and state Constitutions require.

He also called for the ABA to speak out on important national issues like the problem of endemic gun violence. America’s legal response to gun violence so far is unacceptable. President-elect Silkenat called on Congress to pass common sense laws to make our communities safer, provide more comprehensive background checks, and better tools to prosecute straw purchasers of guns. The voices of the children who died from gun violence have been silenced, and we must speak for them and have the courage to take action.

President-elect Silkenat concluded by stating the ABA should act on issues of injustice relating to immigration reform and voting rights. The ABA has a unique interest in ensuring fairness and due process in the immigration enforcement and adjudication system. The ABA has also had a long interest in election law and fair and open elections. He highlighted that this year’s Law Day theme will focus on the importance of voting rights. The hope for the profession is that we continue to prove the ability of committed individuals to improve the system.

Statement by the Executive Director

Executive Director Jack Rives addressed the House.  He thanked the staff of the ABA for their continued service to the ABA. 

He discussed trends for the legal profession and for the Association, and noted the developing challenges each currently faces.  In particular, Executive Director Rives discussed the ABA’s critical challenges with membership and non-dues revenue (NDR).  He discussed how the ABA is addressing some of the revenue shortfall concerns with budget cuts, cost-saving initiatives, and other efficiency efforts.

8

Executive Director Rives reported that at the Midyear Meeting in Dallas, the Board of Governors adopted a resolution directing him to develop and present comprehensive and prioritized action plans to attain measurable goals for NDR and membership.  To accomplish these goals, senior staff collected the best ideas, conducted extensive research, and drafted plans designed to sustain the Association for years to come.  ABAction! is the dynamic and ambitious set of initiatives that will strengthen the foundation, grow the Association, and secure the future.  ABAction! plans are dynamic and will continue to evolve.  Executive Director Rives explained there are currently 43 initiatives in various stages of development, as described in the ABAction! booklet that was distributed to the House of Delegates and available on the ABA’s website.  Each project has a timeline for launch and completion, along with a point of contact available to respond to questions or provide additional information.  These initiatives and tasks will involve staff and members at all levels of the organization and will require collaboration and support from all entities for successful implementation.   He noted that the staff of the ABA is proud of the early progress in this significant undertaking, and he looks forward to working together with the members of the Association on ABAction!

Election of Officers and Members of the Board of Governors

On behalf of the Nominating Committee, Beverly J. Quail of Colorado, Chair of the Steering Committee of the Nominating Committee, reported on the nominations for officers of the Association and members of the Board of Governors. The House of Delegates elected the following persons for the terms noted:

OFFICERS OF THE ASSOCIATION

President-Elect for 2013-2014William C. Hubbard of South Carolina

Secretary for 2014-2017 term (to serve as Secretary-Elect in 2013-2014)Mary T. Torres of New Mexico

Treasurer for 2014-2017 term (to serve as Treasurer-Elect in 2013-2014)G. Nicholas Casey, Jr. of West Virginia

MEMBERS OF THE BOARD OF GOVERNORS (2013-2016)

District MembersDistrict 7: Stephen E. Chappelear of OhioDistrict 8 Eduardo R. Rodriguez of TexasDistrict 10: Joseph B. Bluemel of WyomingDistrict 11: Jimmy K. Goodman of OklahomaDistrict 13: John C. Schulte of MontanaDistrict 18: Robert T. Gonzales of Maryland

9

Section Members-at-Large

Section of Dispute ResolutionPamela C. Enslen of Michigan

Section of Public Utility, Communications and Transportation LawDavid R. Poe of the District of Columbia

Woman Member-at-LargeMarcia Milby Ridings of Kentucky

Law Student Member-at-LargeJames C. Manning of Virginia

It was noted that the Association’s Constitution provides that the President-Elect automatically becomes the President at the conclusion of the Annual Meeting and James R. Silkenat of New York will assume that office. The slate of candidates was duly elected.

Remarks by President-Elect Nominee

President-Elect Nominee William C. Hubbard of South Carolina addressed the House and announced that a top issue for his agenda as President-Elect will be access to justice and legal education reform.

President-Elect Hubbard stated that equal justice must guide the work of the ABA. The focus on judicial independence at home and abroad must remain a priority, because rights and the rule of law are just ink on paper without independent judges and courts. He stated that it remains an obligation of the profession to educate the public about the importance of the constitution and the rule of law.

President-Elect Hubbard focused also on the need to adapt and reform when half of new lawyers are unemployed. The ABA must serve the needs of these new lawyers and provide resources, mentoring to succeed in the profession, and skill training through ABA sections. Only through concentrated efforts to serve the needs of all lawyers will the ABA improve our profession in an ever changing and globalized legal market.

Panel Presentation Regarding Legal Education

Chair Carlson recognized Patricia Lee Refo of Arizona, Chair of the House Committee on Issues of Concern to the Profession, to present a panel discussion regarding legal education. The panel focused on the rising cost of law school and decreasing number of law school applications.  Robert E. Hirshon of Maine, former ABA President and member of the Committee, moderated the discussion by Professor Brian Tamanaha of Washington University School of Law and former Dean Bryant Garth of Southwestern Law School.

10

The panel discussed law school costs, debt, salaries and job prospects for graduates.  Specifically, the panelists discussed how the high debt load, coupled with a low national median salary of $60,000, created an economic model that was unsustainable.  The panel explained how the rising costs of law school needed to change, especially in light of decreasing applications of approximately 9,000 per year.  The deterioration in quality of applicants was the likely future of legal education as more schools are forced to accept an increasingly greater percentage of applicants.

Scope Nominating Committee

Sharon Stern Gerstman of New York, Chair of the Committee on Scope and Correlation of work, nominated Hon. Leslie Miller of Arizona, to the Committee on Scope for a 5-year term beginning at the conclusion of the 2013 Annual Meeting. The motion to close nominations and adopt the nomination of Hon. Miller was adopted. Chair Carlson later moved the election of Hon. Miller. The motion was adopted.

Delegate-at-Large Election Results

Hon. Cara Lee T. Neville, Secretary of the Association, announced the election of the following members to three-year terms as Delegates-at-Large: Jose C. Feliciano of Ohio, Katherine H. O’Neil of Oregon, Mary L. Smith of Illinois, Pauline A. Weaver of California and Carole L. Worthington of Tennessee and Kenneth E. Young of North Carolina.

II. RESOLUTIONS VOTED ON BY THE HOUSE

A brief summary of the action taken on resolutions brought before the House follows. The resolutions are categorized by topic areas and the number of the resolution is noted in brackets.

ACCESS TO JUSTICE

[10D] On behalf of the Chicago Bar Association and the Illinois State Bar Association, Paula H. Holderman of Illinois moved Resolution 10D supporting the establishment of access to justice commissions in all states and territories and urging ABA members to support efforts to create access to justice commissions and to promote access to justice. The resolution was approved.

ANIMAL RIGHTS

[116] On behalf of the Section of Individual Rights and Responsibilities, Walter H. White, Jr. of the District of Columbia withdrew Resolution 116 urging Congress to repeal Section 43 of Title 18 of the United States Code (The Animal Enterprise Terrorism Act), and urging the Department of Justice to forbear from any further prosecutions under the Section.

11

ARCHIVING

[400] The House approved by consent Resolution 400 recommending that certain Association policies that pertain to public issues and are 10 years old or older be archived.

ASSOCIATION’S CONSTITUTION, BYLAWS ANDHOUSE RULES OF PROCEDURE

[11-1] Edward Haskins Jacobs of the Virgin Islands presented Report 11-1 amending §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”. Stephen J. Curley of Connecticut, Chair of the Standing Committee on Constitution and Bylaws, reported the action of the standing committee. Beverly J. Quail of Colorado moved to postpone indefinitely consideration of the proposal. Robert L. Weinberg of the District of Columbia and Steven K. Hazen of California spoke in opposition to the motion to postpone indefinitely. The proposal was postponed indefinitely. [11-2] Thomas C. Grella of North Carolina moved Report 11-2 amending §6.2(a)(5), §6.7(h) and §10.1(a) of the Association’s Constitution, and §30.5 of the Bylaws to change the name and status of the Law Practice Management Section to the Law Practice Division. Stephen J. Curley of Connecticut, Chair of the Standing Committee on Constitution and Bylaws, reported the action of the standing committee. Michael P. Downey of Missouri spoke in favor of the proposal. The proposal was approved.

[11-3] The House approved by consent Report 11-3 amending §30.5 of the Association’s Bylaws, to allow non-U.S. lawyer associates to serve on the Council and in the leadership of the Section of Litigation.

[11-4] The House approved by consent Report 11-4 amending §31.7 of the Association’s Bylaws to revise the jurisdictional statement of the Standing Committee on Legal Assistance for Military Personnel.

[11-5] Sharon Stern Gertsman of New York withdrew Report 11-5 amending §31.7 of the Association’s Bylaws to discontinue the Standing Committee on Federal Judicial Improvements.

[11-6] The House approved by consent Report 11-6 amending §31.7 of the Association’s Bylaws to discontinue the Standing Committee on Strategic Communications.

[11-7] Dennis W. Archer of Michigan moved Report 11-7 amending §6.8 (a) of the Association’s Constitution to reinstate the National Legal Aid and Defender Association as an affiliated organization in the House of Delegates. The proposal was approved.

12

ATTORNEY-CLIENT PRIVILEGE

[103] On behalf of the Tort Trial and Insurance Practice Section, Robert S. Peck of the District of Columbia, moved Revised Resolution 103 adopting principles that should be applied in determining the availability of attorney-client privilege for law firm consultations with in-house counsel. The resolution was approved as revised.

COURTS/JUDGES

[10B] On behalf of the Indiana State Bar Association, Daniel B. Vinovich withdrew Resolution 10B urging states and territories to review their judicial disqualification procedures to assure the fair and impartial administration of justice and to conduct such reviews periodically.

[10C] On behalf of the Ohio State Bar Association, William K. Weisenberg of Ohio moved Resolution 10C urging legislative bodies and governmental agencies to adopt laws and policies that ensure full and adequate court funding and adopting the Principles for Judicial Administration, dated August 2013, as appropriate guidance for those states desiring to establish principles for judicial administration in their efforts to restructure court services and secure adequate court funding. The resolution was approved.

[108] On behalf of the Standing Committee on Ethics and Professional Responsibility, Myles V. Lynk of Arizona, withdrew Resolution 108 amending the terminology section, and the black letter and comment of Rule 2.11 of the ABA Model Code of Judicial Conduct dated August 2013, to address ethical issues relating to disqualification of judges in the election and retention election context.

[115] On behalf of the Standing Committee on Federal Judicial Improvements, Hon. Norma L. Shapiro of Pennsylvania, moved Resolution 115 supporting enactment of comprehensive legislation to authorize needed permanent and temporary judgeships, with particular focus on the federal districts with identified judicial emergencies so that affected courts may adjudicate all cases in a fair, just and timely manner. Michael H. Reed of Pennsylvania spoke in favor of the resolution. The resolution was approved.

CRIMINAL JUSTICE

[113A] On behalf of the Criminal Justice Section, Neal R. Sonnett of Florida, moved Revised Resolution 113A urging governments to take legislative action to curtail the availability and effectiveness of the “gay panic” and “trans panic” defenses, which seek to partially or completely excuse crimes on the grounds that the victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction. D’Arcy Kemnitz of the District of Columbia, Executive Director of the National LGBT Bar Association, spoke in favor of the resolution. The resolution was approved as revised.

13

[113B] On behalf of the Criminal Justice Section, Stephen A. Saltzburg of the District of Columbia, moved Report 113B urging governments to enact legislation relating to youth in the juvenile justice system with co-occurring mental health and substance abuse disorders. The resolution was approved.

[113C] On behalf of the Criminal Justice Section, Neal R. Sonnett of Florida, moved Resolution 113C urging governments to review their mandatory reporting laws for instances of child abuse or neglect to determine what changes, if any, are appropriate to better protect children and to provide appropriate sanctions for failure to report abuse and neglect. The resolution was approved.

[113D] On behalf of the Criminal Justice Section, Stephen A. Saltzburg of the District of Columbia, moved Resolution 113D urging governments to re-examine strict liability offenses to determine whether the absence of a mens rea element results in imposition of unwarranted punishment on defendants who lacked any culpable state of mind in performing acts that were not malum in se. Mathias H. Heck, Jr., of Ohio spoke in support of the resolution. The resolution was approved.

[113E] On behalf of the Criminal Justice Section, Neal R. Sonnett of Florida, moved Revised Resolution 113E opposing plea or sentencing agreements that waive a criminal defendant’s post-conviction claims addressing ineffective assistance of counsel, prosecutorial misconduct or destruction of evidence unless based upon past conduct that is specifically identified in the plea or sentencing agreement or transcript of the proceedings. Cynthia H. Orr of Texas spoke in support of the resolution. The resolution was approved as revised.

[113F] On behalf of the Criminal Justice Section, Stephen A. Saltzburg of the District of Columbia, moved Resolution 113F adopting the black letter of the ABA Criminal Justice Standards on Fair Trial and Public Discourse, dated August 2013, to supplant the ABA Criminal Justice Standards on Fair Trial and Free Press. The resolution was approved.

CYBERSECURITY

[118] On behalf of the Cybersecurity Legal Task Force, Stephen A. Saltzburg of the District of Columbia, moved Revised Resolution 118 condemning unauthorized, illegal governmental, organizational and individual intrusions into the computer systems and networks of lawyers and law firms and urging governmental bodies to examine, and if necessary, amend or supplement, existing laws to promote deterrence and provide appropriate sanctions. Judith A. Miller of Maryland spoke in favor of the resolution. The resolution was approved as revised.

ENVIRONMENT

[105] On behalf of the Section of Environment, Energy and Resources, Lee A. Dehihns, III of Georgia, moved Resolution 105 reaffirming the ABA’s 1991 and 2003 commitments to sustainable development and defines sustainable development as the promotion of an economically, socially and environmentally sustainable future for our planet and for present and future generations. The resolution was approved.

14

HEALTH LAW

[101] On behalf of the Section of Health Law, J. Anthony Patterson, Jr. of Montana, moved Resolution 101 supporting the rights of all Americans, particularly our nation’s veterans, to access adequate mental health and substance use disorder treatment services and coverage, and urging States, in implementing the essential health benefits provisions of the Patient Protection and Affordable Care Act, to fully and adequately provide for mental health and substance use disorder coverage. The resolution was approved.

HOMELESSNESS & POVERTY

[117] On behalf of the Commission on Homelessness and Poverty, Antonia K. Fasanelli of Maryland, moved Resolution 117 urging governments to promote the human right to adequate housing for all through increased funding, development and implementation of affordable housing strategies and to prevent infringement of that right. The resolution was approved.

INTELLECTUAL PROPERTY

[300A] On behalf of the Section of Intellectual Property Law, Susan B. Montgomery of Massachusetts, moved Resolution 300A urging the U.S. Supreme Court to resolve a split among the regional circuit courts of appeals on the requirements for establishing standing to bring an action for false advertising under the Lanham Act. Lisa A. Dunner of the District of Columbia spoke in favor of the resolution. Catherine E. Reuben of Massachusetts moved to postpone indefinitely consideration of the resolution. Theodore H. Davis, Jr. of Georgia and Scott F. Partridge of Texas spoke in opposition to the motion to postpone indefinitely. Estelle H. Rogers of the District of Columbia spoke in favor of the motion to postpone indefinitely. The resolution was postponed indefinitely by a vote of 181 to 174.

[300B] On behalf of the Section of Intellectual Property Law, Joseph M. Potenza of the District of Columbia, moved Resolution 300B supporting the authority of the U.S. Patent and Trademark Office to cancel a patent claim in congressionally established administrative proceedings, and supporting the authority of a court to dismiss a suit based on such a claim, notwithstanding an earlier conflicting non-final court judgment relating to the claim. The resolution was approved.

INTERNATIONAL LAW

[107A] On behalf of the Section of International Law, Glenn P. Hendrix of Georgia, moved Resolution 107A urging all countries not to apply statutes of limitation with respect to 1) genocide, 2) crimes against humanity, and 3) serious war crimes. The resolution was approved.

15

[107B] On behalf of the Section of International Law, Jeffrey B. Golden from the United Kingdom, moved Resolution 107B encouraging the establishment of a network of U.S. federal and state judges to facilitate education and permissible communication among judges regarding the interpretation and application of the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The resolution was approved.

[107C] On behalf of the Section of International Law, Glenn P. Hendrix of Georgia, moved Resolution 107C affirming that the U.S. common law doctrine of forum non conveniens is not an appropriate basis for refusing to confirm or enforce arbitral awards that are subject to the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards or the Inter-American Convention on International Commercial Arbitration. The resolution was approved.

JURY TRIALS

[112] On behalf of the Young Lawyers Division, Kelly-Ann F. Clarke of Texas, withdrew Resolution 112 amending Principle 13(C) of the ABA Principles for Juries and Jury Trials, dated August 2013, and urging the appropriate governing bodies of states and territories to enact a uniform standard procedure for juror questions during civil and criminal trials.

LAW AND AGING

[100A] On behalf of the Commission on Law and Aging, David M. English of Missouri, moved Resolution 100A urging courts with jurisdiction over adult guardianship and governmental agencies that administer representative payment programs for benefits to collaborate with respect to information sharing, training and education in order to protect vulnerable individuals with fiduciaries who make financial decisions on their behalf. The resolution was approved.

LEGAL EDUCATION

[106] The House approved by consent Resolution 106 granting reapproval to several paralegal education programs, withdrawing the approval of five programs at the request of the institutions, and extending the term of approval to several paralegal education programs.

[119] On behalf of the Section of Legal Education and Admissions to the Bar, Pauline A. Schneider of the District of Columbia, moved Resolution 119 concurring in the action of the Council of the Section of Legal Education and Admissions to the Bar in making amendments, dated August 2013, to Standard 509 (REQUIRED DISCLOSURES) of the ABA Standards and Rules of Procedure for Approval of Law Schools. The resolution was approved.

16

MEMBERSHIP

[301] On behalf of the Standing Committee on Membership, Barbara J. Howard of Ohio, moved Resolution 301 offering ABA dues pricing of $95 to judges and lawyers in public service who establish a group per the requirements The resolution was approved.

PRO BONO

[109] On behalf of the Standing Committee on Pro Bono and Public Service, Larry McDevitt of North Carolina, moved Resolution 109 adopting the black letter Standards for Programs Providing Civil Pro Bono Legal Services to Persons of Limited Means, dated August 2013, to supplant the Standards adopted August 1996, and recommends appropriate implementation of these Standards by entities providing civil pro bono legal services to persons of limited means. The resolution was approved.

PROFESSIONAL DISCIPLINE

[10A] On behalf of the King County Bar Association, Thomas M. Fitzpatrick withdrew Resolution 10A urging lawyer disciplinary authorities not to take disciplinary action against lawyers who counsel and assist clients about compliance with state and territorial laws legalizing the possession and use of marijuana.

[104] On behalf of the Standing Committee on Professional Discipline, Myles V. Lynk of Arizona, moved Resolution 104 urging the highest courts of states and lawyer regulatory authorities to coordinate with their foreign regulatory counterparts and enter into voluntary arrangements to facilitate the exchange of relevant information, consistent with the jurisdictions’ rules, and adopting the Guidelines for an International Regulatory Information Exchange, dated August 2013. David M. Schraver of New York, moved to amend the resolution. The resolution was approved as amended.

SCIENCE & TECHNOLOGY LAW

[114] On behalf of the Section of Science and Technology Law, Bonnie E. Fought of California, moved Resolution 114 urging Congress to amend the Electronic Communications Act to reflect the technological and societal changes which have occurred since the original passage of the statute. The resolution was approved.

SUPPLEMENTAL SECURITY INCOME

[100B] The House approved by consent Resolution 100B urging Congress to enact the Supplemental Security Income (SSI) Restoration Act of 2013 (H.R. 1601) or similar legislation that strengthens SSI by updating the limits on resources to account for inflation.

17

UNIFORM ACTS

[102] On behalf of the National Conference of Commissioners on Uniform Law, Michael Houghton of Delaware, moved Resolution 102 approving the Uniform Prevention of and Remedies for Human Trafficking Act, promulgated by the National Conference of Commissioners on Uniform State Laws, as an appropriate Act for those states desiring to adopt the specific substantive law suggested therein. Harriet Lansing of Minnesota spoke in favor of the resolution. The resolution was approved.

VOTING RIGHTS

[10E] On behalf of the Bar Association of San Francisco, Mark I. Schickman of California moved Resolution 10E urging Congress to act expeditiously to preserve and protect voting rights by legislating a coverage formula setting forth the criteria by which jurisdictions shall or shall not be subject to Section 5 preclearance, and/or by enacting other remedial amendments to the Voting Rights Act of 1965, in response to Shelby County v. Holder. Estelle H. Rogers of the District of Columbia and William C. Hubbard of South Carolina spoke in favor of the resolution. The resolution was approved.

[110] On behalf of the Standing Committee on Election Law, Benjamin E. Griffith of Mississippi, moved Resolution 110 urging states, localities and territories to analyze their election systems and recent experiences of election delays if any, in light of available data and scholarship, and encouraging the enactment of legislation or administrative rules to address the causes and potential remedies for election delays. The resolution was approved.

YOUTH AT RISK

[111A] On behalf of the Commission on Youth at Risk, Vanessa Peterson Williams of Michigan, presented Resolution 111A encouraging governments to provide training and resources necessary to fully implement and enforce compliance with the Indian Child Welfare Act (25 U.S.C. §§1901-63). The resolution was approved.

[111B] On behalf of the Commission on Youth at Risk, Vanessa Peterson Williams of Michigan, presented Resolution 111B urging implementation of the December 2012 report of the U.S. Attorney General’s National Task Force on Children’s Exposure to Violence, entitled Defending Childhood, and urging governments and courts to implement promptly the Report’s recommendations which call for trauma-informed approaches and practices in regard to justice system-involved children and youth who have been exposed to violence. The resolution was approved.

CLOSING BUSINESS

At the conclusion of the meeting of the House on Tuesday, August 13, 2013, Chair Carlson, recognized Cheryl Niro of Illinois to make a presentation to delegates regarding the 2014 Chicago Midyear Meeting.

18

Deborah Enix-Ross of New York moved a resolution in appreciation of the San Francisco lawyers and judges, for their work in hosting the meeting. The resolution was approved. .

Chair Carlson recognized Hilarie Bass of Florida who then moved that the House adjourn sine die. The motion was approved. .

/tt/file_convert/5abb4b8f7f8b9af27d8c99ca/document.docx

19