ABA adopts legal policy issues

The American Bar Association raised its voice Monday in support of law school self-governance and independence, adequate Legal Services Corporation funding, and smarter criminal justice sanctions. The association's 560-member policymaking House of Delegates met in Atlanta as part of the ABA's Midyear Meeting, which began Feb. 9 and concluded Monday. Legal Services Corporation funding is critically important with so many families in our economy lacking resources to hire legal representation. The Republican majority in the House of Representatives has identified LSC for dramatic cuts, which would be detrimental for individuals seeking assistance in preventing eviction, as well as help with domestic violence restraining orders and filing Social Security claims. The ABA adopted as policy a late-filed resolution (10(E)) opposing any funding cut in the program and urging Congress to support increased funding levels to the point necessary to provide needed services to low-income Americans. The ABA underscored the principles of law school self-governance and independence of law school clinical programs when it adopted recommendation 100(A), as revised. In recent years, state legislatures, specifically Maryland and Louisiana, have considered bills that have sought to restrict the activities of clinics. In light of recent cases in which young people who were identified as gay were bullied, teased and taunted, the association's Commission on Youth at Risk brought to the House recommendation 107(A). The new policy (as it was revised and amended in the House) urges federal, state and local officials to prevent and remediate the existence and dangers of bullying, including cyberbullying. The resolution also calls for Internet service providers and social networking platforms to adopt terms of service that define and prohibit cyberbullying, and urges law enforcement agencies to cooperate with the FBI's data collection program related to hate crimes. The amendment to the revised recommendation ensured that application of the policy would abide by protected First Amendment rights. In other criminal justice matters, the ABA weighed in following the verdict in Holland v. Florida, in which Holland filed a pro se federal habeas corpus petition after communication between Holland and his attorney broke down. The Supreme Court reversed the holding that the filing of the petition was untimely and remanded to the Court of Appeals to determine if equitable tolling was warranted by the circumstances of that case. In its new policy 104(B), the ABA urges Congress to provide for equitable tolling of the one-year statute of limitations for filing for post-conviction relief when the prisoner shows good cause. The ABA, in adopting recommendation 104(D) (as revised), urges the use of electronic monitoring and home detention at government expense in cases where juvenile offenders are eligible for secure detention and who pose little flight risk. The ABA is also deeply concerned about recent activities relative to judicial disqualification, an issue critical to the association and the legal profession, as well as the public as a whole. A recommendation, 115, was on the calendar for debate. In order to ensure that ABA policy is strong, succinct and has heard all parties, the association decided to further its deliberations on the issue. In the coming months, ABA President Stephen N. Zack will convene discussions to enhance and expand the recommendation's language with the expectation of bringing a revised recommendation to the Annual Meeting in Toronto. Zack emphasized the widespread impact, "This is absolutely critical to our justice system, affecting both the profession and the public. We need to get it right." As the role of the National Guard has expanded in response to natural disaster and global military crises, there has been an increasing need for harmonization among the applicable state and federal laws governing their operations. New policy adopted, by way of recommendation 103, seeks to promote uniformity in military discipline for guard units working together domestically, as well as their possible transition from relief mission to active combat mission overseas. The policy does so by urging states and territories to adopt the Model State Code of Military Justice and the Model Manual for Courts-Martial. Among other new ABA policies: * Policy resolution 100(B), through which the House of Delegates concurs with the association's Council of the Section of Legal Education and Admissions to the Bar, outlining consumer information law schools must provide and information regarding the law school accreditation approval process. * One [100(C)] that amends the Model Rule for Admission by Motion to eliminate provisions that prohibit in-house counsel and judicial law clerks from qualifying on the basis of practice performed in the jurisdiction where admission on motion is being sought. * One (recommendation 10(C)) urges a change to action that occurred Jan. 5, 2011, when the 112th Congress eliminated the provision of the prior Congress' rules authorizing the D.C. congresswoman to vote in the House Committee of the Whole, to restore that right to vote. * A policy (recommendation 10(B)) that urges Congress to allow states to recover overdue debts due to them, including court-ordered victims' restitution, fines, fees and costs, as long as the recovery contains safeguards, standards, and authorizations deemed necessary by the Treasury Department to promote its efficient and cost-effective implementation. * Policy resolution 107(B) urges governments to create and provide support for Youth or Teen Courts that divert youth from formal consequences of juvenile justice sanctions, by promoting community service opportunities, mentorship and civic education that builds respect for the rule of law. * One [108(B)] that urges the implementation of policies to ensure the humane treatment and disposition of seized animals from a scene of seizure. * Policy resolution 118, which encourages Congress to enact legislation to reform the Toxic Substances Control Act. Supporters of the resolution argue that this is necessary for federal regulators to have the legal authority and resources necessary to ensure a "safe, sustainable and commercially competitive chemical industry." * One [300] that urges the teaching of civic education in the nation's elementary, middle and secondary schools. Policies brought before the House of Delegates are advocated for by state and local bar associations, specialty legal groups within the ABA or affiliated with the association, and individual members, and reflect the broad range of issues confronting society. Published: Wed, Feb 16, 2011