Of the house of delegates of the american bar association



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POTENTIAL AGENDA ITEMS FOR THE 2017 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 2017 Midyear Meeting or a future meeting of the House of Delegates. Please remember that, with the exception of state and local bar associations, the filing deadline for submission of Resolutions with Reports by Association entities and affiliated organizations is Wednesday, November 16, 2016.
CRIMINAL JUSTICE

  1. FDA Deferment

Urges repeal of the deferment on gay men donating blood. This resolution addresses the outdated science behind the FDA deferment on gay men donating blood, in the wake of the Orlando terrorist attack and impact on victims. Criminal Justice Section. Contacts: Sara Elizabeth Dill**, Phone: 202/662-1511, E-mail: sara.dill@americanbar.org; Kevin Scruggs**, Phone: 202/662-1503, E-mail: kevin.scruggs@americanbar.org.


  1. Conviction Integrity Processes of Prosecutor Offices

Addresses the vacating of convictions following wrongful conviction claims and the decision making process involved in whether to file new criminal charges. Criminal Justice Section. Contacts: Sara Elizabeth Dill**, Phone: 202/662-1511, E-mail: sara.dill@americanbar.org; Kevin Scruggs**, Phone: 202/662-1503, E-mail: kevin.scruggs@americanbar.org.


  1. Microscopic Hair Analysis

Calls for review of cases involving microscopic hair analysis, permitting post-conviction claims, and calling for corrective action or training of forensic laboratories also calls for notice to defendants and defense counsel of any potential errors that may have led to conviction. Criminal Justice Section. Contacts: Sara Elizabeth Dill**, Phone: 202/662-1511, E-mail: sara.dill@americanbar.org; Kevin Scruggs**, Phone: 202/662-1503, E-mail: kevin.scruggs@americanbar.org.
DISABILITY RIGHTS


  1. Rights of Parents and Prospective Parents with Disabilities

Urges state, local, territorial, and tribal governments to enact legislation and implement public policy providing that adoption, foster care, custody and visitation/access shall not be denied or restricted, nor shall a child be removed or parental rights be terminated, based on a parent’s or prospective parent’s disability, absent a showing—supported by clear and convincing evidence—that the disability is causally related to a harm or an imminent risk of harm to the child that cannot be alleviated with appropriate services, support and other reasonable modifications. Commission on Disability Rights. Contact: Amy L. Allbright**, Phone: 202/662-1575, E-mail: Amy.Allbright@americanbar.org.

DISASTER RESPONSE & PREPAREDNESS


  1. Community Resilience

Urges states, territories, and local governments, businesses, and legal and other professional and nonprofit organizations to develop programs, adopt standards, guidance and best practices, and consider regulatory systems that will make communities more resilient to loss and damage from foreseeable hazards while recognizing the property rights, affordable risk mitigation, interest of taxpayers and protection of the environment. Bar associations are also urged to advocate for and participate in community resilience initiatives. Standing Committee on Disaster Response and Preparedness and the Section of State and Local Government Law. Contacts: Chauntis Jenkins-Floyd, Chair, Standing Committee on Disaster Preparedness, 100 Professional Place, Suite 202, Carrollton, Ga 30116, Phone: 504/259-1971, E-mail: cjenkins@phjlaw.com; Robert Horowitz**, Phone: 202/662-1742, E-mail: bob.horowitz@americanbar.org; Ellen F. Rosenblum, Chair, Section of State and Local Government Law, Oregon Department of Justice, 1162 Court St NE, Salem, OR 97301-4095, E-mail: ellen.rosenblum@gmail.com; Tamara Edmonds Askew*, Phone: 312/988-5652, E-mail: tamara.edmondsaskew@americanbar.org.
FAMILY LAW


  1. US Citizenship for Children Born Abroad Via ART

Urges the United States Department of State to permit U.S. citizen parents to transmit citizenship to their children born abroad but conceived through assisted reproductive technologies when their parent-child relationship is legally recognized by the country of the child’s birth.  Section of Family LawContacts: Anita Ventrelli, Esq., Schiller, DuCanto & Fleck, LLP, 200 N. LaSalle Street, Suite 3000, Chicago, IL   60601-1098, Phone: 312/609-5506, E-mail: aventrelli@sdflaw.com; Marshall Wolf, Esq., Wolf & Akers, 2200 One Cleveland Center, Cleveland, OH   44114-1739, Phone: 216/623-9999, E-mail: mjwolf@sprintmail.com; Richard Vaughn, Esq., International Fertility Law Group, 5757 Wilshire Blvd., Suite 645, Los Angeles, CA   90036-3651, Phone: 323/331-9343, E-mail: rich@iflg.net.
INTERNATIONAL LAW


  1. Arms Trade Treaty (“ATT”)

Encourages Congress to help curb illicit international weapons transfers to war-torn countries, terrorist organizations, and murderous regimes, a benefit not only to international peace and security but also to U.S. interests. If ratified by the U.S., the Arms Trade Treaty (“ATT”) will be a critical foreign policy tool. It creates concrete, enforceable obligations and builds cooperation and oversight mechanisms. The ATT does not constrain U.S. foreign policy, does not impinge upon the Second Amendment of the U.S. Constitution, or require changes to U.S. weapons import/export regulations. On the other hand, failure to ratify the ATT could compromise U.S. leadership in the international operation of the Treaty and jeopardize universalization and enforcement of the Treaty. Section of International Law. Contact: Luke  Wilson, Prides Crossing, MA, Luke Paris Hitchcock Wilson Esq., PO Box 214, Prides Crossing, MA 01965-0214, Phone: 781/799-9780, E-mail: lphw44@gmail.com.
LEGAL EDUCATION


  1. Model Rules for Minimum Continuing Legal Education

Adopts the Model Rule for Minimum Continuing Legal Education (MCLE) and Comments dated February 2017, to supplant the Model Rule for MCLE and Comments which was adopted by the ABA in 1988 and subsequently amended. This Model Rule was drafted after a multi-year, comprehensive review of the existing Model Rule by the Standing Committee on Continuing Legal Education. Many substantive provisions remain the same, but the new Model Rule is reorganized and contains new provisions that recognize advances in technology and changes in the legal profession and continuing legal education. Standing Committee on Continuing Legal Education. Contact: Gina Roers-Liemandt*, Phone: 312/988-6215, Email: gina.roers-liemandt@americanbar.org.


  1. Restrictions on Federal Student Aid Eligibility

Urges Congress to repeal 20 U.S.C. § 1091(r), a provision of the Higher Education Act that denies eligibility for federal educational aid to students convicted of drug offenses (referred to as the “Aid Elimination Penalty”).  The Resolution also urges that (1) the question about drug convictions on the Free Application for Federal Student Aid (“FAFSA”) be removed, and that (2) once the Aid Elimination Penalty is repealed, colleges and universities be required to inform students who were ruled ineligible under the Penalty (and who have not regained their eligibility) that they are now eligible for federal aid. Section of Litigation. Contact: Don Bivens, Snell & Wilmer,  LLP, One Arizona Center, 400 East Van Buren, Suite 1900, Phoenix, AZ  85004, Phone: 602/382-6549, E-mail: dbivens@swlaw.com.


  1. Standards and Rules of Procedure

Concurs in the action of the Council of the Section of Legal Education and Admissions to the Bar in making revisions to the ABA Standards and Rules of Procedure for Approval of Law Schools, to clarify certain requirements and correct inadvertent changes or deletions made as part of the comprehensive review of the Standards and Rules. Section of Legal Education and Admissions to the Bar. Contacts: Barry A. Currier*, Phone: 312/988-6744, Cell: 310/400-2702, Email: barry.currier@americanbar.org.
PARALEGAL EDUCATION


  1. Paralegal Education Programs

Grants approval, reapproval, withdrawal and/or extension of the term of approval to several paralegal education programs. Standing Committee on Paralegals.

Contact: Peggy C. Wallace*, 312/988-5618, E-mail: peggy.wallace@americanbar.org.



UNIFORM ACTS


  1. Uniform Employee and Student Online Privacy Protection Act

Approves the Uniform Employee and Student Online Privacy Protection Act (UESOPPA) to enable employees and students to make choices about whether, and when, to provide employers and educational institutions with access to their personal online accounts. National Conference of Commissioners on Uniform State Laws. Contacts: Katie Robinson, Uniform Law Commission, 111 N. Wabash Ave., Suite 1010, Chicago, IL  60602, Phone: 312/450-6616, E-mail: krobinson@uniformlaws.org; Frank H. Langrock, P.O. Drawer 351, 111 S. Pleasant St., Middlebury, VT 05753-1479, Phone: 802/388-6356, E-mail: flangrock@langrock.com; Peter J. Gillespie, Fisher & Phillips LLP, Ste. 3450, 10 S. Wacker Dr., Chicago, IL 60606-7592, Phone: 312/580-7802, E-mail: pgillespie@laborlawyers.com; Heather A. Morgan, 515 S. Flower St., Suite 2500, Los Angeles, CA 90071-2228, Phone: 213/683-6188, E-mail: heathermorgan@paulhastings.com.


  1. Uniform Family Law Arbitration Act

Approves the Uniform Family Law Arbitration Act (UFLAA) to create a statutory scheme for the arbitration of family law disputes. National Conference of Commissioners on Uniform State Laws. Contacts: Katie Robinson, Uniform Law Commission, 111 N. Wabash Ave., Suite 1010, Chicago, IL  60602, Phone: 312/450-6616, E-mail: krobinson@uniformlaws.org; Phyllis G. Bossin, 105 E. 4th St., Suite 1300, Cincinnati, OH 45202-4054, Phone: 513/421-4420, E-mail: pbossin@bossinlaw.com; Helen E. Casale, 401 Dekalb St., 4th Floor, Norristown, PA 19401-4907, Phone: 610/313-1672, E-mail: hec@hangley.com; Dolly Hernandez, 2665 S. Bayshore Dr., Suite 1204, Miami, FL 33133, Phone: 305/567-9400, E-mail: dolly.hernandez@rafool.com; Larry R. Rute, 212 SW 8th Ave., Suite 102, Topeka, KS 66603.


  1. Uniform Unsworn Declarations Act

Approves the Uniform Unsworn Declarations Act (UUDA) to allow the use of unsworn declarations made under penalty of perjury in state court proceedings. National Conference of Commissioners on Uniform State Laws. Contacts: Katie Robinson, Uniform Law Commission, 111 N. Wabash Ave., Suite 1010, Chicago, IL  60602, Phone: 312/450-6616, E-mail: krobinson@uniformlaws.org; Richard W. Morefield, 11814 W. 135th St., Overland Park, KS, 66221.


  1. Uniform Unsworn Domestic Declarations Act

Approves the Uniform Unsworn Domestic Declarations Act (UUDDA) to allow the use of unsworn declarations made under penalty of perjury in state court proceedings. National Conference of Commissioners on Uniform State Laws. Contacts: Katie Robinson, Uniform Law Commission, 111 N. Wabash Ave., Suite 1010, Chicago, IL  60602, Phone: 312/450-6616, E-mail: krobinson@uniformlaws.org; Richard W. Morefield, 11814 W. 135th St., Overland Park, KS, 66221.



  1. Uniform Wage Garnishment Act

Approves the Uniform Wage Garnishment Act (UWGA) to provide a standard process for wage garnishment to collect debt after a creditor obtains a judgment. National Conference of Commissioners on Uniform State Laws. Contacts: Katie Robinson, Uniform Law Commission, 111 N. Wabash Ave., Suite 1010, Chicago, IL  60602, Phone: 312/450-6616, E-mail: krobinson@uniformlaws.org; Garth Jacobson, 520 Pike St., Suite 985, Seattle, WA 98101; Phone: 206/390-8274, E-mail: garth.jacobson@wolterskluwer.com; Denise M. Clark, 1250 Connecticut Ave. NW, Suite 200, Washington, DC, 20036, Phone: 202/293-0015, E-mail: dmclark@benefitcounsel.com; Robyn B. Klinger, 84 Adella Ave., Newton, MA 02465.

______________________________

*American Bar Association, Chicago Office, 321 N. Clark Street, Chicago, IL 60654



**American Bar Association, Washington Office, 1050 Connecticut Avenue, NW, Washington, DC 20036



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