POTENTIAL AGENDA ITEMS FOR THE 2006 MIDYEAR MEETING
OF THE HOUSE OF DELEGATES
OF THE AMERICAN BAR ASSOCIATION
NOTE: This list includes issues that may be presented for consideration at the 2006 Midyear Meeting of the House of Delegates. Please remember that the filing deadline for submission of Reports with Recommendations by Association entities and affiliated organizations is Wednesday, November 16, 2005.
ADMINISTRATIVE LAW
1.Freedom of Information Act (FOIA)
Recommends the U.S. Attorney General issue a memorandum to Freedom of Information Act (FOIA) officials at federal agencies, clarifying that the designation of agency records as "sensitive but unclassified" cannot be the sole basis for withholding agency documents from release. Section of Administrative Law and Regulatory Practice. Contact: Kimberly Knight**, Phone: 202/662-1665, Fax: 202/662-1529, E-mail: .
BOARD OF GOVERNORS
2.Dues Increase
Recommends that membership dues be increased by approximately 17%, effective with the 2006-2007 fiscal year and further recommends that limited testing of new dues pricing concepts be allowed. Board of Governors. Contact: William T. Robinson III, ABA Treasurer, Greenebaum Doll &McDonald, PLLC, Suite 1800, 50 East Rivercenter Blvd., Covington, KY 41011, Phone: 859/655-4210, Fax: 859/655-4239, E-mail: .
FAMILY LAW
3.Foster Care
Opposes the enactment of legislation or implementation of any policy that prohibits, limits, or restricts placement into foster care of any child on the basis of sexual orientation of the proposed foster parent when placement is otherwise determined to be in the best interest of the child. Section of Family Law. Contacts: Timothy B. Walker, University of Denver School of Law, 2255 E. Evans Ave., Denver, CO 80208-0001, Phone: 303/730-0067, Fax: 303/730-0344, E-mail: ; Marshall J. Wolf, Wolf & Akers, 1717 E. 9th Street, Cleveland, OH 44114-2806, Phone: 216/623-9999, Fax: 216/623-0629, E-mail: .
IMMIGRATION
4.Administration of U.S. Immigration Law
Supports a transparent, accessible, fair, and efficient system for administering immigration laws, including providing web-based legal resources and other assistance for unrepresented persons seeking immigration benefits or relief. This resolution further supports vigilant enforcement of laws against the unauthorized practice of law and the development of mechanisms to ensure that the substantive and procedural rights of victims are not prejudiced. This resolution also supports the development of a standardized process for the Department of Homeland when handling Freedom of Information Act (FOIA) requests. Commission on Immigration. Contact: Irena Lieberman**, Phone: 202/662-1008, Fax: 202/638-3844, E-mail: .
5.Asylees and Refugees
Supports the establishment of practices that ensure the proper identification of asylum seekers at the border and in expedited removal proceedings, and supports enabling asylum officers to grant asylum when they interview asylum seekers to determine whether they have a credible fear of returning to their home country. The resolution also supports the elimination of deadlines for asylum seekers to initiate claims, and fair screening procedures for refugees interdicted by the United States. The resolution supports the development of measures including visa and pre-clearance policies to assist refugees in coming to the United States. Commission on Immigration. Contact: Irena Lieberman**, Phone: 202/662-1008, Fax: 202/638-3844, E-mail: .
6.Detention
Opposes the detention of persons in immigration proceedings except in extraordinary circumstances, unless there is a determination that a person presents a threat to national security or public safety, or presents a flight risk. The resolution advocates the use of alternatives to detention, including supervised pretrial release and bond, to ensure individuals’ appearance at immigration court proceedings. The resolution also supports prompt hearings, meaningful administrative review, and judicial oversight for detainees. For persons detained during proceedings or under a final order of removal, the resolution supports the establishment of mechanisms to ensure timely custody reviews within six months of detention and on a monthly basis thereafter. Commission on Immigration. Contact: Irena Lieberman**, Phone: 202/662-1008, Fax: 202/638-3844, E-mail: .
IMMIGRATION (cont.)
7. Due Process/Judicial Review
Supports adequate funding to ensure that agencies adjudicate immigration applications in a timely manner and reduce backlogs. The resolution urges the implementation of due process protections throughout the immigration process, and opposes retroactivity of immigration laws. The resolution supports protections like those in the Administrative Procedure Act, including meaningful administrative and judicial review. In addition, the resolution advocates neutrality and independence of immigration judges, so that they are not subject to the control of any executive branch cabinet officer. The resolution also urges increased discretion for immigration judges. Commission on Immigration. Contact: Irena Lieberman**, Phone: 202/662-1008, Fax: 202/638-3844, E-mail: .
8.Due Process: Right to Counsel
Supports establishing a national system that would: (1) provide for “legal orientation presentations” to all persons in removal proceedings; (2) refer unrepresented persons for whom relief might be available to counsel; (3) provide government-appointed counsel for indigent persons who cannot otherwise secure pro bono representation; and (4) assure that certain vulnerable populations, including unaccompanied children and mentally incompetent persons, receive legal representation in all immigration proceedings, whether or not relief might be available to them. Commission on Immigration. Contact: Irena Lieberman**, Phone: 202/662-1008, Fax: 202/638-3844, E-mail: .
9.Immigration Reform
Supports a regulated, orderly, and safe immigration system that addresses the undocumented population, need for immigrant labor, value of family reunification, and the need for an effective enforcement strategy. The resolution also supports support lawful permanent residence and citizenship for undocumented persons who entered the US as minors and have significant ties to the US. Commission on Immigration. Contact: Irena Lieberman**, Phone: 202/662-1008, Fax: 202/638-3844, E-mail: .
10.Immigrant Victims of Crime
Supports avenues for lawful immigration status, employment authorization, and public benefits for victims of human trafficking and other crimes (including rape, torture, domestic violence, sexual assault, and sexual exploitation) who are helpful to law enforcement in the investigation or prosecution of such crimes. The resolution further supports the use of Legal Services Corporation funding to provide services to such victims. Finally, the resolution opposes the apprehension of such victims for immigration violations at shelters, crisis centers, or courts where they are seeking protection orders, and placing such victims in immigration removal proceedings or in immigration detention. Commission on Immigration. Contact: Irena Lieberman**, Phone: 202/662-1008, Fax: 202/638-3844, E-mail: .
INDIVIDUAL RIGHTS AND RESPONSIBILITIES
11.Federal Commission
Urges Congress to appropriate funds for and create a Commission to study and make findings relating to the present day social, political, and economic consequences of both slavery and the denial thereafter of equal justice under law for persons of African descent living in the United States; and urges Congress to authorize the Commission to propose public policies or governmental actions, if any, that may be appropriate to address such consequences. Section of Individual Rights and Responsibilities. Contacts: C. Elisia Frazier, International Paper Company, Senior Counsel-Wood Products Division, 6400 Poplar Avenue, Memphis, TN 38197, Phone: 901/419-3801, Fax: 901/214-1960, E-mail: ; Richard M. Macias, Richard Macias & Associates, 2741 Prewett Street, P. O. Box 31569, Los Angeles, CA 90031-0569, Phone: 323/224-3906, Fax: 323/225-4485, E-mail: ; Gloria J. Browne-Marshall, The Law and Policy Group, Inc., P.O. Box 850, New York, NY 10002, Phone: 212/946-6339, Fax: 425/969-5598, E-mail: .
12.Native Hawaiian Sovereignty
Urges Congress to pass legislation to establish a process to provide federal recognition and to restore self-determination of Native Hawaiians. Section of Individual Rights and Responsibilities. Contacts: C. Elisia Frazier, International Paper Company, 6400 Poplar Avenue, Memphis, TN 38197, Phone: 901/419-3801, Fax: 901/214-1960, E-mail: ; Richard M. Macias, Richard Macias & Associates, 2741 Prewett Street, P. O. Box 31569, Los Angeles, CA 90031-0569, Phone: 323/224-3906, Fax: 323/225-4485, E-mail: ; S. Bobo Dean, Hobbs Straus Dean & Walker, 2120 L Street, NW, Suite 700, Washington, DC 20037, Phone: 202/822-8282, Fax : E-mail:
LEGAL EDUCATION
13.Approval of Law Schools
Concurs in the action of the Council of the Section of Legal Education and Admissions to the Bar in adopting the revisions to the Rules of Procedure for Approval of Law Schools and of Standard 103 and its Interpretations of the Standards for Approval of Law Schools. Section of Legal Education and Admissions to the Bar. Contact: John A. Sebert, Jr.*, Phone: 312/988-6746, Fax: 312/988-5681, E-mail: .
14.Revision of Rule 45.9
Adopts the revisions to House of Delegates Rule of Procedure 45.9, Law School Accreditation, as recommended by the Council of the Section of Legal Education and Admissions to the Bar. Section of Legal Education and Admissions to the Bar. Contact: John A. Sebert, Jr.*, Phone: 312/988-6746, Fax: 312/988-5681, E-mail: .
MEDICAL PROFESSIONAL LIABILITY
15.Health Courts
Opposes legislation that would require medical malpractice cases to be placed in “Health Courts” that would operate to deny patients injured by medical negligence the right to request a trial by jury or the right to receive full compensation for their injuries. Standing Committee on Medical Professional Liability. Contact: Lillian B. Gaskin**, Phone: 202/662-1768, Fax: 202/662-1762, E-mail: .
PARALEGALS
16Paralegal Education Programs
Grants approval, reapproval and/or extension of the term of approval to several paralegal education programs. Standing Committee on Paralegals. Contact: Peggy C. Wallace*, Phone: 312/988-5618; Fax: 312/988-5483, E-mail: .
PRO BONO AND PUBLIC SERVICE
17.Renaissance of Idealism
Calls on lawyers to renew their commitment to the public good, beyond their professional ethical responsibilities to do pro bono work, through engagement in community service activities, and urges legal providers and employers, law schools, and bar associations to adopt policies and practices that make it possible for lawyers to fulfill that commitment. Commission on the Renaissance of Idealism in the Legal Profession. Contact: Mark D. Agrast, Center for American Progress, 1333 H Street, NW, Tenth Floor, Washington, DC 20005, Phone: 202/682-1611, Fax: 202/682-1867, E-mail: .
TORT TRIAL AND INSURANCE PRACTICE
18.Proper Care and Treatment of Animals
Supports proper care and treatment of animals as an essential part of the response to any disaster or emergency situation. This recommendation also supports proper care and treatment of animals as part of any emergency preparedness operational plan and that the plan of any government entity be required to take into account the needs of individuals with household pets and service animals following a major disaster or emergency. Tort Trial and Insurance Practice Section. Contact: Jim Carr, 1525 Sherman Street, 5th Floor, Denver, CO 80203, Phone: 303/866-5283, Fax: 303/866-5395, E-mail: .
UNIFORM ACTS
19.Uniform Assignment of Rents Act (UARA)
Adopts the Uniform Assignment of Rents Act which seeks to bring consistency to commercial real property transactions by establishing a comprehensive statutory model for the creation, perfection, and enforcement of a security interest in rents. The Act clarifies that such a security interest is a distinct form of collateral, provides for the creation and perfection of such interests, provides consistent standards for appointment of receivers, creates a clear procedure for the transfer of rents from assignors and/or tenants upon demand of the assignee, and clarifies the responsibilities of assignors and assignees (and rights of tenants) with regard to the collection and payment of taxes, insurance, and maintenance costs. National Conference of Commissioners on Uniform State Laws. Contacts: Chair: Michael B. Getty, Suite 1104, 1560 Sandburg Terrace, Chicago, IL 60610, Phone: 312/943-5410, Fax: 312/644-9147, E-mail: ; Ira J. Waldman, 2049 Century Park East, Suite 2800, Los Angeles, CA 90067, Phone: 310-284-2244, Fax: 310/277-7889, E-mail: .
UNIFORM ACTS (cont.)
20.Uniform Foreign-Country Money Judgments Recognition Act (UFMJRA)
Adopts the Uniform Foreign-Country Money Judgments Recognition Act (UFMJRA) which is a revision of the Uniform Foreign Money-Judgments Recognition Act of 1962, which codified the most prevalent common law rules with regard to the recognition of money judgments rendered in other countries. The objective is a simplified enforcement procedure in American courts. This revision continues the basic policies and approach of the 1962 Act; its main purpose is to correct problems created by the interpretation of the provisions of that Act by the courts over the years since its promulgation. Among the more significant issues that have arisen under the 1962 Act which are addressed in this Revised Uniform Foreign-Country Money Judgments Recognition Act are (1) the need to update and clarify the definitions section; (2) the need to reorganize and clarify the scope provisions, and to allocate the burden of proof with regard to establishing application of the Act; (3) the need to set out the procedure by which recognition of a foreign-country money judgment under the Act must be sought; (4) the need to clarify and, to a limited extent, expand upon, the grounds for denying recognition in light of differing interpretations of those provisions in the current case law; (5) the need to expressly allocate the burden of proof with regard to the grounds for denying recognition; and (6) the need to establish a statute of limitations for recognition actions. This Act should not be confused with the Uniform Enforcement of Foreign Judgments Act, which implements full faith and credit between states for recognizing and enforcing other state judgments. National Conference of Commissioners on Uniform State Laws. Contacts: Robert H. Cornell, 573 Arkansas, San Francisco, CA 94107, Phone: 415/824-3129, Fax: 415/643-1920, E-mail: ; Elizabeth M. Bohn, 777 Brickell Ave., Ste. 500, Miami, FL 33131-2803, Phone: 305-347-6879, Fax: 305/372-9928, E-mail: .
21.Uniform Certificate of Title Act (UCoTA)
Adopts the Uniform Certificate of Title Act which is intended to harmonize several issues affecting transfers of interests in motor vehicles, including diversity of state treatment; the increasing use of electronic records (including efforts to reduce and prevent title and other vehicle fraud); contracting; evolving commercial practices and current legal issues; and the impact of revised Article 9 of the UCC. While this Act does not cover watercraft or premanufactured homes, nor does it attempt to harmonize state “lemon laws” or title branding systems, it is intended to enable state coordination with federal initiatives to prevent title and odometer fraud. National Conference of Commissioners on Uniform State Laws. Contacts: Leon M. McCorkle, Jr., P.O. 256, 4288 W. Dublin-Granville Rd., Dublin, OH 43017-0387, Phone: 614/764-3210, Fax: 614/764-3243, E-mail: ; Steven N. Leitess, 10451 Mill Run Circle, Owings Mills, MD 21711, Phone: 410/581-7462, Fax: 410/581-7410, E-mail: .
UNIFORM ACTS (cont.)
22.Uniform Debt-Management Services Act (UDSA)
Adopts the Uniform Debt-Management Services Act which regulates debt-management companies by requiring them to register with the state. To obtain a certificate of registration, a provider must supply information about itself, must obtain insurance against employee dishonesty, and must post a surety bond to safeguard any money that it receives from individuals for payment of creditors. The Act also regulates interaction with consumers, including steps to be taken before entering an agreement with an individual, the content of an agreement (including limitations on the fees that may be charged), and provisions concerning the performance and termination of agreements. Finally, the Act provides for enforcement both by a public authority and by private individuals, including rule-making power on the part of the administrator and recovery of minimum, actual, and, in appropriate cases, punitive damages in private enforcement actions. National Conference of Commissioners on Uniform State Laws. Contacts: William C. Hillman, U.S. Bankruptcy Court, Room 1101, 10 Causeway St., Boston, MA 02222, Phone: 617/565-6097, Fax: 617/565-8760, E-mail: ; Carla Witzel, 233 E. Redwood St., Baltimore, MD 21202, Phone: 410/576-4192, Fax: 410/576-4196, E-mail: .