ESSAY

Index of Criminal Justice Policies from 1996-2016

Created by: Sara Elizabeth Dill

Last Updated March 27, 2017

Year Resolution

Number

Title Resolution Text

1996 MY 113A Federal asset forfeiture laws RESOLVED, That the American Bar Association urges that federal asset

forfeiture laws be amended to comply with the attached Statement of

Principles on the Revision of the Federal Asset Forfeiture Laws, dated

November 11, 1995.

1996 MY 113B Medical release of

terminally ill inmates

RESOLVED, That the American Bar Association recommends that each

jurisdiction review its procedures relating to medical release of terminally ill

inmates to ensure that: (1) they are fully integrated into the general law of

sentencing, particularly with respect to issues such as eligibility for such

release; (2) they provide for expedited handling of requests for medical

release; and (3) they provide for the collection and dissemination of statistical

data relating to the disposition of requests for medical release.

FURTHER RESOLVED, That the American Bar Association recommend

that correctional authorities be encouraged to initiate consideration of medical

release in appropriate cases and to make prisoners aware of the procedures for

medical release.

1996 MY 107C Convention on the

Elimination of

Discrimination Against

Women

RESOLVED, That the American Bar Association reaffirms its support for the

ratification by the United States of the Convention on the Elimination of All

Forms of Discrimination Against Women, with the same reservations,

understandings, and declarations previously supported; and

FURTHER RESOLVED, That the ABA supports in principle, the

development of an individual right of petition as an optional protocol to the

Women’s Convention as described in the Platform for Action adopted at the

Fourth World Conference on Women in Beijing, China, in September 1995.

1996 MY 8 Gun violence, private cause

of action

RESOLVED, That the American Bar Association supports the right of the

victims of gun violence to seek private redress, and supports legislation to:

1. Amend the Gun Control Act of 1968 to provide a private cause of action, with concurrent state and federal jurisdiction, for those persons

sustaining injury or damage as a result of violation of the Act;

2. Adopt and extend state and territorial laws to provide civil claims for relief for those persons sustaining injury or damage as a result of the

violation of state, territorial, or municipal laws regulating the use, sale,

possession, license, ownership, or control of firearms or ammunition.

1996 AY 101B Military capital prisoners RESOLVED, That the American Bar Association urges that military capital

prisoners be provided with the same opportunity for the assistance of counsel

in seeking federal post-conviction habeas corpus relief as is now provided by

federal law for persons sentenced to death in the civilian courts in this

country.

1996 AY 100 Violence Against Women

Act

RESOLVED, That the American Bar Association (“the Association”)

supports the efforts of the U.S. Justice Department, the states and territories,

tribes, local governments and agencies, state, territorial and local law

enforcement agencies, non-governmental victim service programs, and state,

territorial and local bar associations to implement the “full faith and credit”

mandate of the Violence Against Women Act of 1994 (VAWA), which

directs states and territories to enforce civil and criminal protection orders

issued by foreign states, territorial and tribal courts as if the orders had been

issued by the enforcing court.

FURTHER RESOLVED, That the Association urges Congress, the states and

territories, and tribal and local governments and agencies to fully fund efforts

to implement the full faith and credit mandate, including but not limited to:

1) The development of interstate and intrastate computer registries of protection orders;

2) Training to educate community members (such as law enforcement officials, judges, lawyers, medical professionals, and advocates) who

come in contact with victims and perpetrators of domestic violence

about the “full faith and credit” mandate and the enforceability of

protection orders issued by foreign states; and

3) The development of state, territorial, tribal and local protocols which would remove barriers to the enforcement of foreign protection orders

and would prioritize victim safety.

1996 AY 120 Domestic violence in the

legal profession

RESOLVED, That the American Bar Association:

a) Condemns the manifestation by lawyers or judges, by words or conduct of acts which would either constitute domestic violence or

approval, in the course of their professional activities, of the use of

domestic violence, stalking, or sexual assault under the laws of their

jurisdictions;

b) Urges judges involved in the administration of courts and lawyers engaged in the management or operation of a law practice or other

place of business to adopt workplace protocols, guidelines, and

policies to assist employees who are victims of domestic violence in

finding help and safety, as well as protocols, guidelines, and policies

to protect the safety of employees who may come in contact with

batterers during the course of business; and

c) Encourage affirmative steps such as continuing education, studies, and conferences to educate judges and lawyers about the nature and effect

of domestic violence, particularly as to the effect such conduct has on

judges or lawyers’ abilities to carry out the administration of justice.

1996 AY 104A Congressional committee

seeking information from

prosecutorial investigative

agency

RESOLVED, That the American Bar Association urges adherence to the

following principles when a congressional committee seeks information from

a federal prosecutorial agency:

1. Federal prosecutorial agencies should respond in a timely, open and candid manner to requests from congressional committees trying to

determine whether the prosecutorial agencies are enforcing laws under

their jurisdiction effectively or whether these laws need revision. In

most situations, responses should be made through testimony of

appropriately designated high ranking agency officials, pertinent

statistics, and descriptive and analytical reports.

2. Congressional committees and federal prosecutorial agencies should work jointly to establish informal guidelines which properly balance

the needs for congressional oversight of the executive function and

prosecutorial independence from political interference. In formulating

such guidelines:

A. Congressional committees should not seek and federal prosecutorial agencies should resist requests for compelled

testimony of prosecutorial agency officials or line attorneys

regarding discretionary decisions being made in pending cases.

B. Federal prosecutorial agencies should fully respond to requests from congressional committees for information about the handling

of adjudicated cases. In the absence of highly unusual

circumstances, however, congressional committees should not

seek the compelled testimony of line attorneys about adjudicated

cases, nor access to work product or other deliberative or

privileged information relating to it.

1996 AY 104B Initiatives that preserve and

promote family accessibility

to detention facilities

RESOLVED, That the American Bar Association supports initiatives that

seek to preserve and promote healthy relationships between children and their

parents in correctional custody. Such initiatives would consider family

accessibility to the facility in making assignment of inmates; would assist

parents in correctional custody in developing parenting skills; would allow

extended contact visitation by such parents and children; and would support

the emotional well-being of the children.

1996 AY 109 Compassionate release for

terminally ill prisoners,

AIDS, HIV

RESOLVED, That the American Bar association supports compassionate

release of terminally ill prisoners and endorses adoption of administrative and

judicial procedures for compassionate release consistent with the

“Administrative Model for Compassionate Release Legislation” and the

“Judicial Model for Compassionate Release Legislation,” each dated April

1996; and

FURTHER RESOLVED, That the American Bar Association supports

alternatives to sentencing for non-violent terminally ill offenders in which the

court, upon the consent of the defense and prosecuting attorneys, and upon a

finding that the defendant is suffering from a terminal condition, disease, or

syndrome and is so debilitated or incapacitated as to create a reasonable

probability that he or she is physically incapable of presenting any danger to

society, and upon a finding that the furtherance of justice so requires, may

accept a plea of guilty to any lesser included offense of any count of the

accusatory instrument, to satisfy the entire accusatory instrument and to

permit the court to sentence the defendant to a non-incarceratory alternative.

In making such a determination, the court must consider factors governing

dismissals in the interests of justice.

1996 AY 111 Abolition of economic

exploitation of persons

under 18

RESOLVED, That the American Bar Association urges the United States to

work with the United Nations and the International Labor Organization to

promote the abolition of the economic exploitation of persons under eighteen

years of age by the adoption and enforcement of:

(1) Domestic laws that regulate the employment of persons under the age of eighteen in a manner consistent with the minimum age standards

set forth in the Convention on the Rights of the Child and the

Minimum Age Convention; and

(2) Laws that eliminate: (a) the abduction, trading and selling of persons under the age of eighteen years; and (b) the use of such persons to

work under conditions that are analogous to slavery.

1996 AY 113 Needs of child victims of

abuse

RESOLVED, That the American Bar Association encourages courts to ensure

that counseling, treatment, advocacy and other assistance are made available

to child victims of abuse and domestic violence through all available means

including the imposition of fines, restitution and court orders.

FURTHER RESOLVED, That the American Bar Association encourages

courts, in appropriate circumstances, to require the perpetrators of child abuse

and domestic violence to undergo counselling and other treatment;

FURTHER RESOLVED, That in those jurisdictions where courts do not

presently have adequate authority to implement the foregoing

recommendations, the American Bar Association encourages state and

territorial legislatures to enact enabling legislation.

1996 AY 10A Eliminating 200 against

gays and lesbians in the

legal community

RESOLVED, That the American Bar Association urges states, territorial, and

local bar associations to study bias in their community against gays and

lesbians within the legal profession and the justice system and make

appropriate recommendations to eliminate such bias.

1997 MY 108 Alternatives to incarceration

for persons who commit

certain violations of

probation

RESOLVED, That the American Bar Association urges states, territories,

localities and the federal government to develop and implement sanctions for

violators of probation, parole, and other forms of supervised release in lieu of

prison and jail terms for persons whose original conviction was a non-violent

felony or a misdemeanor and whose violation is not considered criminal

conduct, and encourages judges to sentence appropriate violators to these

sanctions; and

BE IT FURTHER RESOLVED, That jurisdictions should designate

intermediate function agencies to assist legislatures in developing a range of

sanctions, including community service and intermittent confinement, and

should provide for adequate means to operate such programs. Judges,

attorneys, criminal justice agency representatives, and victims of crime

should participate in developing these programs and in monitoring procedures

and administrative policies that facilitate their operation.

1997 MY 107 Death penalty, elimination

of discrimination in

sentencing

RESOLVED, That the American Bar Association calls upon each jurisdiction

that imposes capital punishment not to carry out the death penalty until the

jurisdiction implements policies and procedures that are consistent with the

following longstanding American Bar Association policies intended to (1)

ensure that death penalty cases are administered fairly and impartially, in

accordance with due process, and (2) minimize the risk that innocent persons

may be executed:

(i) Implementing ABA “Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases” (adopted Feb.

1989) and Association policies intended to encourage competency

of counsel in capital cases (adopted Feb. 1979, Feb. 1988, Feb.

1990, Aug. 1996);

(ii) Preserving, enhancing, and streamlining state and federal courts’ authority and responsibility to exercise independent judgment on

the merits of constitutional claims in state post-conviction and

federal habeas corpus proceedings (adopted Aug. 1982, Feb.

1990);

(iii) Striving to eliminate discrimination in capital sentencing on the basis of the race of either the victim or the defendant (adopted

Aug. 1988, Aug. 1991), and

(iv) Preventing execution of mentally retarded persons (adopted Feb. 1989) and persons who were under the age of 18 at the time of

their offenses (adopted Aug. 1983).

FURTHER RESOLVED, That in adopting this recommendation, apart from

existing Association policies relating to offenders who are mentally retarded

or under the age of 18 at the time of the commission of the offenses, the

Association takes no position on the death penalty.

1997 AY 100A Rights of victims of crime RESOLVED, That the American Bar Association continues to support

protection for victims’ rights and the adoption of further statutory measures to

protect these rights; and

FURTHER RESOLVED, That the American Bar Association urges federal,

state, and territorial legislatures considering measures to recognize victims’

rights in the criminal justice system to do so consistent with the following

principles:

1. The rights of defendants should not be diminished; 2. The discretion of the trial judge to manage court proceedings

efficiently and fairly should not be curtailed;

3. The discretion of the prosecutor in the performance of the prosecution function, including full discretion in the charging decision and the

plea negotiation process, should not be curtailed;

4. Violation of the rights of victims should not give rise to a new cause of action for damages against any public official or office;

5. Adequate resources should be appropriated to support the effective implementation of crime victims’ rights;

6. The class of protected “victims” should be defined; and 7. Each jurisdiction should have the flexibility to develop individualized

procedures.

FURTHER RESOLVED, That in considering provisions to protect crime

victims’ rights, consideration should be given to the relevant American Bar

Association policies, including the Fair Treatment Guidelines for Crime

Victims and Witnesses (August 1983), the ABA Standards for Criminal

Justice, Chapter on the Prosecution Function, Third Edition (February 1992),

and ABA Standards for Criminal Justice, Chapter on Sentencing (February

1993).

1997 AY 301 Supporting the approval and

implementation of the Inter-

American Convention

Against Corruption

RESOLVED, That the American Bar Association supports the prompt

ratification and implementation of the Inter-American Convention Against

Corruption (Inter-American Convention) by the United States, by other

members of the Organization of American States (OAS), and by other

countries that are eligible to accede to the Inter-American Convention.

FURTHER RESOLVED, That the American Bar Association urges:

1) That such ratification be subject to minimal reservations and understandings; and

2) That such implementation be full, effective, and consistent.

FURTHER RESOLVED, That, to assure consistency and effectiveness, the

American Bar Association supports the criminalization of the bribery of

foreign officials through the Inter-American Convention and through other

instruments and for a in a manner consistent with the agreed upon common

elements set forth in the Annex to the Organization for Economic

Cooperation and Development’s (OECD) Revised Recommendation of the

Council on Combating Bribery in International Business Transactions and

with the basic principles of the Foreign Corrupt Practices Act of the United

States.

FURTHER RESOLVED, That the American Bar Association supports efforts

by the OECD and its member countries to promptly carry out, fully

implement, and actively enforce the OECD’s Revised Recommendation of

the Council on Combating Bribery in International Business Transactions in a

manner that effectively deters foreign corrupt practices in the conduct of

international business.

1997 AY 109 Qualified language

interpreters in courts

RESOLVED, That the American Bar Association recommends that all courts

be provided with qualified language interpreters, including sign language

interpreters, in order that parties and witnesses with no or limited command

of English and those who are deaf or hearing-impaired may fully and fairly

participate in court proceedings;

FURTHER RESOLVED, That court interpreters should be qualified, should

maintain their proficiency through continuing education, and should adhere to

standards of professional conduct.

1997 AY 120 Attorney-client privilege

and in house counsel

RESOLVED, That the American Bar Association supports the principle that

the attorney-client privilege for communications between in-house counsel

and their clients should have the same scope and effect as the attorney-client

privilege for communications between outside counsel and their clients.

1998 MY 118B Establishment of an

international criminal court

RESOLVED, That the American Bar Association recommends the

establishment of a permanent International Criminal Court (ICC) by

multilateral treaty in order to prosecute and punish individuals who commit

the most serious crimes under international law; and

FURTHER RESOLVED, That the American Bar Association recommends

that the United States Government continue to play an active role in the

process of negotiating and drafting a treaty establishing the ICC, and that the

ICC treaty embody the following principles:

A. (1) The ICC’s initial subject matter jurisdiction should encompass genocide, war crimes, and crimes against humanity;

(2) The ICC should exercise automatic jurisdiction over these crimes,

and no additional declaration of consent by state parties should be

required;

B. The jurisdiction of the ICC should complement the jurisdiction of national criminal justice systems;

C. The United Nations Security Council, states parties to the ICC treaty, and, subject to appropriate safeguards, the ICC prosecutor should be

permitted to initiate proceedings when a crime within the ICC’s

jurisdiction appears to have been committed; and

D. The rights afforded accused persons and defendants under internationally recognized standards of fairness and due process shall

be protected in appropriate provisions of the ICC’s constituent

instruments and rules of evidence and procedure.

1998 MY 103 Victim’s rights in the

federal system

RESOLVED, That the American Bar Association urges Congress to protect

the rights of victims in the federal system by statutory enactment.

1998 MY 104A Victims’ rights RESOLVED, That the American Bar Association urges trial judges to

encourage processes which inform and educate victims of crimes about

programs, procedures, and restitution, while observing the legal rights of

criminal defendants and assuring impartiality to all who appear before them,

including the use of videos, brochures, and educational materials, presented to

victims by law enforcement officials, at an early stage of the criminal

proceeding.

1998 MY 104C Restitution for victims RESOLVED, That the American Bar Association recommends, in cases

where a state or territorial compensation board pays a victim for harm

inflicted by a defendant and thereafter a court orders the defendant to pay

restitution, that the compensation board should be notified of the order of

restitution and should be a beneficiary of the order of restitution after the

victim is made whole, to the extent that the board has compensated the

victim.

1998 AY 113 Campaign finance RESOLVED, That the American Bar Association urges that any changes to

the current campaign finance system must be framed in a constitutionally

sound manner and the need for government regulation must be balanced

against First Amendment protections of political speech.

FURTHER RESOLVED, That the American Bar Association urges that

efforts must be taken to ensure there is full disclosure of money spent in

federal elections; the perception of corruption is reduced; and voters are

afforded a full opportunity to hear the view of candidates.

FURTHER RESOLVED, That the American Bar Association supports the

following principles regarding federal campaign finance legislation:

1) Campaign finance laws and the implementation of those laws should not discourage the participation of individuals, political parties, and

organized political groups in all aspects of the electoral process.

2) Campaign finance laws should be drafted and enforced in a manner that distinguishes between issue advocacy, which is protected by the

First Amendment and should not be limited, and express advocacy

which is also protected by the First Amendment, but which the courts

have held can be limited under certain circumstances. Issue advocacy

should not serve as a mechanism for otherwise impermissible

campaign contributions.

3) Current individual campaign contribution limits, imposed in 1974, should be adjusted for inflation and indexed hereafter.

4) Federal election activity should be conducted solely with money permitted to be raised and spent under federal law. Congress and the

FEC should take further steps to ensure that money raised outside of

federal law (i.e. “soft money”) is not used for federal election

purposes.

5) All contributions to and expenditures by state and federal party committees should be disclosed publicly and electronically. Congress

should require that the Federal Election Commission (FEC) provide a

central clearinghouse with respect to data concerning both

contribution and expenditure reports.

6) State legislatures should consider prohibiting or limiting the use of union and corporate general treasury funds for the election of

candidates to office.

7) Congress should examine ways to reduce the costs to candidates of federal election campaigns without imposing spending limits.

1998 AY 112D Council at bail hearings or

initial appearance

RESOLVED, That the American Bar Association recommends that all

jurisdictions ensure that defendants are represented by counsel at their initial

judicial appearance where bail is set; and

FURTHER RESOLVED, That each jurisdiction provide adequate resources

to support effective implementation of such representation by counsel for

indigent defendants.

1998 AY 118 United Nations and United

States’ involvement in

human rights and

international law

RESOLVED, That the American Bar Association recommends that the

United States Government and the United Nations work towards

consolidating into two committees the six United Nations standing

committees currently monitoring compliance with the United Nations human

rights treaties: one committee to review all state reports, and the other to

examine inter-State and individual communications.

1998 AY 300 U.S. cooperation with

nations in controlling

foreign trade and investment

detrimental to shared

national security and foreign

policy objectives

RESOLVED, That the American Bar Association recommends that the

United States adhere to the following principles in the adoption and

maintenance of export controls and economic sanctions measures:

First, to consult with, and seek the support and cooperation of, foreign

governments sharing common objectives in devising and carrying out

programs to constrain foreign trade and investment detrimental to shared U.S.

national security and foreign policy objectives.

Second, to refrain from the adoption or maintenance of extraterritorial foreign

trade control measures that do not conform to jurisdictional principles of

international law as generally accepted by the international community and

create the potential for conflicts with other nations, including:

- Controls on foreign trade transactions of foreign corporations, where those transactions have no jurisdictional relationship to the United

States other than ownership interests of U.S. nationals in the foreign

corporations;

- Controls on foreign trade transactions of foreign parties, where those transactions have no jurisdictional relationship to the United States

other than the U.S. origin of transaction products, content, or

technology; and

- Retaliatory trade sanctions on foreign parties by reason of their foreign trade transactions, where those transactions have no

jurisdictional relationship to the United States and are not in violation

of any U.S. law that conforms to jurisdictional principles of

international law.

1998 AY 302 Ratification of Convention

on Combatting Bribery of

Foreign Public Officials

RESOLVED, That the American Bar Association supports the prompt

ratification and implementation of the Convention on Combatting Bribery of

Foreign Public Officials in International Business Transactions (OECD

Convention) by the United States, by other members of the Organization for

Economic Co-Operation and Development (OECD), and by other countries

that are eligible to accede to the OECD Convention.

FURTHER RESOLVED, That the American Bar Association urges:

1) Such ratification be subject to minimal reservations and understandings; and

2) Such implementation be full, effective, and consistent.

FURTHER RESOLVED, That the American Bar Association supports the

prompt enactment of the legislative changes proposed by the Administration

to conform the Foreign Corrupt Practices Act to the OECD Convention.

FURTHER RESOLVED, That to assure consistency and effectiveness, the

American Bar Association supports, through the OECD and other fora,

meaningful and ongoing efforts to monitor the effective and consistent

implementation and enforcement of the OECD Convention as well as

continuing efforts to further develop the OECD Convention so as to establish

the most effective means for deterring corrupt practices in the conduct of

international business.

1998 AY 125 Vienna Convention,

consular notification

RESOLVED, That the American Bar Association urges federal, state,

territorial and local law enforcement authorities to adopt a warning of rights

similar to the “Miranda” standard, advising foreign nationals of their right to

consular assistance pursuant to Article 36 of the Vienna Convention on

Consular Relations;

FURTHER RESOLVED, That this warning be given at the moment detention

and identification of the foreign national by law enforcement authorities;

FURTHER RESOLVED, That federal, state, territorial and local law

enforcement authorities adopt the procedures and statements proposed by the

Department of State in its handbook titled Consular Notification and Access:

Instructions for Federal, State and other Officials Regarding Foreign

Nationals in the United States and the Rights of Consular Officials to Assist

Them, or substantially similar programs and statements informing foreign

nationals of their right to consular assistance; and

FURTHER RESOLVED, That the American Bar Association encourages the

Attorney General of the United States, as well as the public defenders and

attorneys general of all the States and territories, to work together to

disseminate the knowledge and the enforcement of these rights.

1998 AY 10E Gun violence in schools RESOLVED, That the American Bar Association supports a comprehensive

approach to address gun violence by young persons at schools that includes

preventative school-based peer mediation programs, firearms education

programs, support for increased efforts to enforce laws to prevent

unauthorized or illegal access to firearms by minors, and enactment of firearm

laws that emphasize prevention, adult responsibility, and safety.

1999 MY 116A Independent Counsel Act RESOLVED, That the American Bar Association opposes reauthorization of

the Independent Counsel provisions of the Ethics in Government Act

(hereinafter called “Independent Counsel Act”) in any form.

FURTHER RESOLVED, That if Congress should determine that there is a

need for reauthorization of the Independent Counsel Act, that reauthorization

should adhere to appropriate safeguards such as the following principles:

A. All persons subject to the operation of the Independent Counsel Act should receive the same treatment as if the matter were being handled

by the Department of Justice.

B. The operation of the Independent Counsel Act should be mandatory in regard to the President, the Vice-President, and the Attorney General.

Although the Attorney General should be able to seek appointment of

an Independent Counsel in regard to any other currently covered

person, the decision to seek such an appointment should be left to the

discretion of the Attorney General.

C. When the Attorney General requests the appointment of an Independent Counsel, the Attorney General should have the role of

recommending to the Special Division of the Court appropriate

candidates to serve in that position. Any Independent Counsel should

possess the kind of broad experience in criminal justice matters that

one would expect of an Attorney General or other high official in the

Department of Justice.

D. The decision to seek the appointment of an Independent Counsel should be based on a determination that, given the nature of the

alleged criminal activity and the quality of the evidence, the

Department of Justice would decide there was reasonable cause to

pursue the matter if the subject of the investigation were not a person

covered by the provisions of the Independent Counsel Act.

E. There should be no arbitrary time frames imposed upon the Attorney General and there should be no provision requiring the Attorney

General to respond to Congressional demands or requests for

appointment of an Independent Counsel.

F. The Independent Counsel should make no public disclosure, other than by formal charge, of the decision to begin or to end an

investigation unless the Special Davison authorizes a public

disclosure. The Independent Counsel should be required neither to

continue an investigation beyond where a typical criminal

investigation would extend to prepare and file a report, nor to file any

report with the Special Division upon the completion of an

investigation. The Independent Counsel should be permitted to file a

report with the Special Division when the Independent Counsel

believes such a report is necessary to serve the interests of justice. The

Special Division should be required to deliver the final report to the

Archivist of the United States who will make the report public after 50

years. The Special Division should be permitted to disclose any

portion of the report at an earlier time upon a determination that

disclosure is required in the interests of justice. In this instance, the

Special Division should be permitted to make any portion of a report

available to any individual named in the report for the purpose of

receiving comment and factual information, all of which shall be

include in the report, but only the Special Division should be

permitted to disclose the contents of the report or any response to it.

1999 AY 113A Limiting inappropriate

federalization of criminal

law

RESOLVED, That the American Bar Association opposes the trend toward

greater federalization of state, local and territorial crime, and urges Congress

to take into account when considering the creation of new federal crimes such

principles as the following, derived from the 1998 Report of the Task Force

on Federalization of Criminal Law, The Federal Criminalization of Criminal

Law:

1. Creation of new federal crimes is appropriate only where a federal interest is implicated and the state, local or territorial remedy is

inadequate to address that interest; and

2. Institutional mechanisms, such as technical analyses, impact statements and sunset provisions of fairly short duration should be

considered to assist in Congress’ analysis of proposed crime

legislation and proposed new federal law enforcement findings.

FURTHER RESOLVED, That Congress should respond effectively to

constituent concerns about public safety by taking constructive steps that aid

law enforcement, including allocation of funds to state, local or territorial

systems for the administration of justice, but it should not create new federal

crimes which duplicate state crimes merely because the conduct at issue is

deemed important.

1999 AY 113C National commission to

consider federal policies

affecting correctional

facilities

RESOLVED, That the American Bar Association recommends the

establishment of a national commission to consider federal policies which

affect federal, state, local and territorial correctional facilities and make

recommendations concerning the following:

1. The efficacy of using the criminal justice system as a tool to accomplish social, economic and public health objectives;

2. Existing discretionary administrative and judicial mechanisms for early release and recommended improvements;

3. Prevailing federal, state and territorial sentencing policies which preclude consideration by the courts of probation and other

alternatives to incarceration, consistent with ABA policy;

4. A variety of proposed approaches to reintegrating offenders in to the community after release from prison;

5. Encouragement of licensing and accreditation of correctional facilities to assure that they meet health, safety and other correctional

standards; and

6. Assessing the social and economic consequences of correctional and sentencing policies that presumptively rely on incarceration when

other appropriate sanctions are available for control and punishment

of offenders.

FURTHER RESOLVED, That federal, state, local and territorial governments

are urged to attend to and where appropriate, take steps to work together, to

implement policies concerning the above-referenced matters, in accordance

with American Bar Association policy.

1999 AY 113D Miranda rights RESOLVED, That the American Bar Association supports the principle that a

person subject to custodial interrogation by law enforcement authorities

should be fully advised of:

1. The person’s right to remain silent; 2. The fact that anything said during questioning can and may be used

against that person in a court of law;

3. The right to consult with an attorney before and during questioning; 4. The right to the appointment of a lawyer prior to any questioning, if

the person cannot afford a lawyer; and

5. The right to stop talking at any time during questioning.

2000 MY 110 Political Contributions to

Obtain government legal

engagements or

appointments by judges

RESOLVED, That the ABA Model Rules of Professional Conduct be

amended to add a new Rule 7.6, “Political Contributions to Obtain

Government Legal Engagements or Appointments by Judges,” as follows:

RULE 7.6. POLITICAL CONTRIBUTIONS TO OBTAIN GOVERNMENT

LEGAL ENGAGEMENTS OR APPOINTMENTS BY JUDGES.

A lawyer or law firm shall not accept a government legal engagement or an

appointment by a judge if the lawyer or law firm makes a political

contribution or solicits political contributions for the purpose of obtaining or

being considered for that type of legal engagement or appointment.

2000 MY 102A Violent Crime Control and

Law Enforcement Act

RESOLVED, That the American Bar Association urges the immediate

funding and reauthorization of the Family Unity Demonstration Project,

passed as part of the Violent Crime Control and Law Enforcement Act of

1994, 42 U.S.C. §13881, et. Seq.

2000 MY 102B Correctional systems review

of sentencing and

correctional policies and

practices related to the

growing population of

elderly inmates

RESOLVED, That the American Bar Association recommends federal, state,

and territorial correctional systems review sentencing and correctional

policies and practices related to the growing population of elderly prisoners;

FURTHER RESOLVED, That the federal government, the states, and

territories should adopt institutional classification, health, and human services

programs that address the special needs of the elderly;

FURTHER RESOLVED, That the federal government, the states, and

territories should adopt release procedures and community based programs

with treatment, and supervision for older inmates who are appropriate to be

released to the community, consistent with public policy; and

FURTHER RESOLVED, That bar associations, law schools and other

organizations are urged to develop humanitarian residential placements for

elderly offenders.

2000 AY 109A Safety of adult and child

domestic violence victims

during visitation and

visitation exchange

RESOLVED, That the American Bar Association encourages:

1. States, territories, and local governments to enact legislations requiring courts to consider the safety risks to victims of domestic

violence and their children when drafting orders containing visitation

and visitation exchange provisions;

2. Courts to provide or identify, and make use of, locations in which supervised visitation and visitation exchanges can safely occur;

3. Courts to inquire about domestic violence when addressing visitation issues in child custody matters, and in every case in which the court

determines there is a risk to the safety of a parent or child, to craft

orders of visitation that create safe visitation and safe visitation

exchanges for victims and their children, including provisions that are

explicit as to time, date, and place;

4. Attorneys to advocate for safe visitation and visitation exchanges.

2000 AY 109B Court mandated mediation

including an opt-out in any

action in which one party

has perpetuated domestic

violence upon the other

party

RESOLVED, That the American Bar Association recommends that court-

mandated mediation include an opt-out prerogative in any action in which one

party has perpetrated domestic violence upon the other party.

2000 AY 107 Election and campaign

activity on the internet, First

Amendment guarantees of

free speech, elimination of

corruption in elections

RESOLVED, That the American Bar Association urges Congress, the States,

and the Territories to review their respective election laws as they relate to

election and campaign activity on the Internet and to apply those laws in a

manner that does not discourage political activity through this medium,

upholds First Amendment guarantees of free speech and association, and

seeks to eliminate opportunities for unfairness, corruption, or undue influence

through the use of this medium.

FURTHER RESOLVED, That the American Bar Association urges that

Congress and the appropriate regulatory bodies at the federal, state, and

territorial level take appropriate steps to encourage and facilitate the use of

the Internet by all segments of society in order to promote widespread, fair

and equitable citizen participation in the political process.

FURTHER RESOLVED, That the American Bar Association urges that

Congress and the appropriate regulatory bodies at the federal, state, and

territorial level take the following actions in order to promote the availability

and reliability of political information and discourse on the Internet:

1) Mechanisms and safeguards to ensure the integrity of authentic political web sites should be developed. Specifically, a uniform

statement of registration should be developed that candidates and

political committees could choose to place on their respective

websites. In addition, an Internet domain should be established for the

purpose of only registering the domain names of current federal, state

and local officeholders and candidates.

2) Senate candidates and Senatorial campaign committees of the parties should be required to file electronic disclosure reports with the Federal

Election Commission consistent with current federal law as it applies

to other congressional candidates and committees.

3) The frequency of mandatory reporting periods for political committees should be increased to promote more timely online disclosure of

contributions and expenditures.

4) Any regulations, advisory opinions, or other statutory interpretations addressing political activity on the Internet should include provisions

that will facilitate a periodic review of such regulatory rulings.

5) The Federal Election Commission should be encouraged to use currently permitted expedited procedures when considering the

application of federal election rules to the Internet.

2000 AY 115 Biological evidence

collected in conjunction

with the investigation of a

criminal case

RESOLVED, That the American Bar Association urges federal, state, local

and territorial jurisdictions adhere to the following Principles concerning

Biological Evidence collected in conjunction with the investigation of a

criminal case:

1. All biological evidence should be preserved. 2. All biological evidence should be made available to defendants and

convicted persons upon request and, in regard to such evidence, such

defendants and convicted persons may seek appropriate relief

notwithstanding any other provision of law.

3. All necessary funding to accomplish these principles should be provided.

4. Appropriate scientific and privacy standards should be developed to guide the preservation of biological evidence.

2000 AY 106A Optional Protocol to the

Convention on the Rights of

the Child on the

Involvement of Children in

Armed Conflicts

RESOLVED, That the American Bar Association urges that the United States

expeditiously ratify the Optional Protocol to the U.N. Convention on the

Rights of the Child Involvement of Children in Armed Conflicts.

2000 AY 106B Sale of Children, Child

Pornography, United

Nations Convention on the

Rights of the Child

RESOLVED, That the American Bar Association urges that the United States

expeditiously ratify the Optional Protocol to the U.N. Convention on the

Rights of the Child on the Sale of Children, Child Prostitution, and Child

Pornography.

2000 AY 111 Extension of remedies,

protections and services

within domestic violence

statutes to adolescents

RESOLVED, That the American Bar Association encourages state and

territorial legislatures to include within domestic violence statutes the same

remedies, protections, and services to adolescents that are available to adults,

including domestic violence restraining orders; access to shelters and safe

houses; support groups, education, and counseling; other programs to aid in

the prevention and elimination of violence; and access to legal assistance for

adolescent victims; and

FURTHER RESOLVED, That the American Bar Association urges

educational authorities, law enforcement officials, juvenile courts, and other

government agencies to support more effectively adolescent dating awareness

programs, domestic violence awareness programs, adolescent victim services,

and teen offender intervention programs.

2000 AY 10A Campaign finance reform,

ending corruption in

elections

RESOLVED, That the American Bar Association urges the adoption by

Congress and state and territorial legislatures of campaign finance reform

legislation that strives to achieve the following goals: ensure full disclosure of

all money raised and spent in federal, state, local and territorial election

campaigns; promote full participation by all Americans in the electoral

process; establish realistic limits on hard money campaign contributions to

eliminate corruption and the appearance of corruption in election campaigns

and the legislative process; provide adequate enforcement resources and

authority – including the power to conduct random audits – and

organizational structure, to federal, state, local and territorial campaign

regulatory agencies; and adopt existing ABA policy opposing the solicitation

and use of soft money contributions in federal election campaigns and

supporting public financing of congressional and presidential campaigns.

2000 AY 10H Support for an effective

United Nations

RESOLVED, That the American Bar Association reaffirms its support for an

effective United Nations as essential to achieving peace, promoting

sustainable development and advancing the rule of law and urges the United

States Government to enhance its relationship with the United Nations;

FURTHER RESOLVED, That the American Bar Association urges the

United States Government to honor its legal obligations to the United Nations

by removing restrictions on payment of its existing United Nations funding

obligations, and to work to assure effective financing of United Nations

institutions in the future; and

FURTHER RESOLVED, That the American Bar Association urges the

United States Senate to expedite consideration of international agreements

that are now pending before it and, in particular, urges the United States

Senate to promptly approve, and thereafter the United States Government to

promptly ratify the following agreements that are supported by the

Association:

A. The UN Convention on the Elimination of all Forms of Discrimination Against Women

B. The UN Convention on the Rights of the Child C. The UN Convention on the Law of the Sea D. International Covenant of Economic, Social and Cultural Rights

2001 MY 106A Appointment of counsel at

government expense for

unaccompanied children for

all stages of immigration

processes and proceedings

RESOLVED, That the American Bar Association supports the appointment of

counsel at government expense for unaccompanied children for all stages of

immigration processes and proceedings;

FURTHER RESOLVED, That the American Bar Association favors the

establishment within the Department of Justice of an independent office with

child welfare expertise that would have an oversight role and ensure that

children’s interests are respected at all stages of immigration processes and

while in immigration custody; and

FURTHER RESOLVED, That children in immigration custody who cannot

be released to family members, legal guardians, or other appropriate adults

should be housed in culturally-appropriate family-like settings and not

detained in facilities with or for juvenile offenders.

2001 MY 106B Opposing the involuntary

transfer of detained

immigrants and asylum

seekers to facilities that

impede an existing attorney-

client relationship

RESOLVED, That the American Bar Association opposes the involuntary

transfer of detained immigrants and asylum seekers to facilities that impede

an existing attorney-client relationship;

FURTHER RESOLVED, That detained immigrants and asylum seekers

should not be transferred to distant locations and detention space should not

be contracted for or constructed in remote areas where legal assistance

generally is not available for immigration matters.

2001 MY 106C Opposing the use of “secret

evidence” in immigration

proceedings

RESOLVED, That the American Bar Association opposes the use of “secret

evidence,” evidence that is presented to the trier of fact in camera and ex

parte, in immigration proceedings, including but not limited to: (1) using

secret evidence to deport noncitizens; (2) denying immigration benefits to

noncitizens based on secret evidence; (3) refusing to release on bond

noncitizens based on secret evidence; and (4) denying admission to returning

lawful permanent residents, people who have been paroled into the United

States, and asylum seekers, based on secret evidence;

FURTHER RESOLVED, That in extraordinary cases where there are

legitimate national security concerns, the noncitizen and the court or the

adjudicator should, at a minimum, be provided with an unclassified summary

of the classified information, prepared in accordance with appropriate judicial

standards and supervision, that preserves the individual’s ability to confront

the evidence and prepare a defense.

2001 MY 103B Supporting safe schools;

zero tolerance policies; gun

possession in schools

RESOLVED, That the American Bar Association supports the following

principles concerning school discipline:

1) Schools should have strong policies against gun possession and be safe places for students to learn and develop;

2) In cases involving alleged student misbehavior, school officials should exercise sound discretion that is consistent with principles of due

process and considers the individual student and the particular

circumstances of misconduct; and

3) Alternatives to expulsion or referral for prosecution should be developed that will improve student behavior and school climate

without making schools dangerous; and

FURTHER RESOLVED, That the ABA opposes, in principle, “zero

tolerance” policies that have a discriminatory effect, or mandate either

expulsion or referral of students to juvenile or criminal court, without regard

to the circumstances or nature of the offense or the student’s history.

2001 MY 103C International Criminal Court RESOLVED, That the Congress should enact legislation to require the

President to:

1. Report to the Congress within thirty days after receiving notice from the International Criminal Court Prosecutor that a United States

National committed an act within the jurisdiction of the International

Criminal Court;

2. Take all reasonable steps to assure that the United States retains jurisdiction to investigate and, if necessary, prosecute the alleged act;

and

3. Report promptly to Congress on subsequent actions by the International Criminal Court with respect to the alleged act.

2001 MY 110 Gender based persecution as

a ground for asylum

RESOLVED, That the American Bar Association urges that gender-based

persecution be recognized as a ground for asylum under the Immigration and

Nationality Act and supports federal legislative or administrative action to

ensure, in interpretations or applications of criteria for asylum under the

Immigration and Nationality Act, that:

(a) The term, “social group” includes women who have been persecuted or have a well-founded fear of persecution on account of their gender;

and

(b) The term, “persecution” encompasses domestic violence, sexual abuse, rape, infanticide, genital mutilation, forced marriage, slavery,

and forced abortion.

2001 MY 105A Criminal Law Convention

on Corruption

RESOLVED, That the American Bar Association supports the United States’

ratification of the Council of Europe’s Criminal Law Convention on

Corruption (“COE Convention”), provided that a significant number of

eligible states have demonstrated that they are also prepared to accede to this

agreement, and further provided that the terms of such accession by other

acceding States provide satisfactory evidence that the Convention will not be

used by States to dilute their commitments under other international anti-

corruption instruments.

FURTHER RESOLVED, That the American Bar Association’s support of the

United States’ ratification of the COE Convention is subject to the adoption

of reservations, understandings and interpretative statements, as appropriate,

to the following effect:

(1) Existing federal laws would be relied upon to implement Article 14 (account offenses), Articles 7, 8 (Commercial bribery), Article 5

(active and passive bribery of foreign public officials), Articles 13 and

19 (money laundering), and no new legislation would be required to

implement these provisions;

(2) A declaration would be made regarding Article 12 (trading in influence), to ensure that no U.S. obligation to criminalize lobbying or

other similar activities currently permitted under U.S. law would be

created by ratification, and recognizing that, to the extent that Article

12 prohibits the bribery of a public official, such activity is already

addressed by other obligations under the Convention and by existing

U.S. law;

(3) A reservation would be taken to Article 17 (nationality jurisdiction), affirming that the United States will follow its traditional principles of

territorial jurisdiction, except where otherwise provided by law;

(4) Breach of duty would be required as an element of the bribery offenses specified in Articles 5, 6, 9, 10 and 11 of the Convention; and

(5) U.S. participation in the Convention would not derogate from its obligations in other anti-corruption instruments, which would be

governed by their own terms.

FURTHER RESOLVED, That the American Bar Association strongly favors

the signing, ratification and implementation of the COE Convention by

member States of the Council of Europe, and by other States that are eligible

to accede to the COE Convention, subject to minimal reservations,

understandings and interpretive statements, and provided that such accession

will not be used by States to dilute their commitments under other

international anti-corruption instruments.

FURTHER RESOLVED, That to ensure consistent implementation and

active enforcement of international anti-corruption instruments and

agreements, including those of the Organization for Economic Cooperation

and Development, the Organization of American States, and the Council of

Europe, the American Bar Association supports ongoing and transparent

monitoring efforts, and the provision by participating States, including the

United States, of adequate resources for such monitoring efforts, and

encourages the participation not only of the State Parties to the international

anti-corruption instruments and agreements, but also that of multi-lateral

organizations, non-governmental organizations, and the private sector, in such

monitoring efforts.

FURTHER RESOLVED, That the American Bar Association recognizes the

need for prompt, full, and consistent implementation of international anti-

corruption instruments and for full cooperation and active enforcement at the

national level.

2001 MY 105B Hague Convention

Protection of Cultural

Property in the Event of

Armed Conflicts

RESOLVED, That the American Bar Association recommends United States

ratification of the 1954 Hague Convention for the Protection of Cultural

Property in the Event of Armed Conflict.

2001 MY 105C Rome Statute of the

International Criminal Court

RESOLVED, That the American Bar Association recommends that the

United States Government accede to the Rome Statute of the International

Criminal Court.

2001 MY 8B Jury service and citizen

participation

RESOLVED, That the American Bar Association, along with state and local

bar associations, study and evaluate the issues and the factors that contribute

to low citizen participation in jury service and to join in an effort to develop

methods to help increase citizen participation and assure all citizens their

constitutional rights to fair trials.

2001 MY 104 Review of methods of

casting, counting, and

challenging votes in

presidential elections

RESOLVED, That the American Bar Association supports (1) review of the

nature and causes of the problems experienced in the 2000 Presidential

election in connection with the casting, counting and challenging of votes for

a State’s presidential electors; (2) appropriate statutory, administrative, or

constitutional changes designed to improve and simplify the presidential

election process and ensure that it accurately reflects the will and intentions of

the voters; and (3) fair and expeditious means for administrative and judicial

review and resolution of potentially outcome-determinative disputes in the

contests for presidential electors; and

FURTHER RESOLVED, That appropriate ABA entities such as the Standing

Committee on Election Law, the Sections of State and Local Government

Law, Administrative Law and Regulatory Practice, and state, local, and

territorial bar associations are urged to undertake these efforts.

2001 AY 117 Problem solving courts,

drug courts, specialized

courts

RESOLVED, That the American Bar Association supports:

1) The use of the term “problem-solving courts” to refer to specialized initiatives such as drug courts, community courts and mental health

courts, as well as programs such as unified family courts;

2) The continued development of problem-solving courts to improve court processes and court outcomes for litigants, victims and

communities;

3) The consideration of the use of the principles and methods employed by problem-solving courts in the daily administration of justice while

preserving the rule of law and traditional due process protections and

adherence to the Model Code of Judicial Conduct.

FURTHER RESOLVED, That the ABA encourages law schools, state, local

and territorial bar associations, and other organizations to engage in education

and training about the principles and methods employed by problem-solving

courts.

2001 AY 10A Defendants in military

capital cases right to trial,

jury

RESOLVED, That the American Bar Association recommends that a

defendant in a capital case tried by court-martial under the Uniform Code of

Military Justice be given the right to trial before a court-martial panel

containing twelve members.

2002 MY 110 Language interpreters for

court proceedings

RESOLVED, That in recognition of the fact that the United States is a diverse

and multicultural society, the American Bar Association urges the federal

government and the states, territories and possession to commit sufficient

resources to all courts and administrative agencies to enable them to provide

qualified live, in-person language interpreters to ensure that all parties and

witnesses may fully participate in all proceedings, and

FURTHER RESOLVED, That courts and agencies should provide live in-

person interpreters in all cases, except that in brief, preliminary proceedings

or in other matters involving an urgent need for the protection of life and

safety, the imminent removal of persons or evidence from the jurisdictions, or

in other cases involving similar emergent circumstances, when an in-person

interpreter is not available, a qualified interpreter who is employed by a

telecommunications or other technology-based interpretation service may be

provided.

2002 MY 101B Voluntary and productive

work opportunities for jail

and prison inmates, job

training

RESOLVED, That the American Bar Association urges federal, state,

territorial and local governments to:

1. Enact legislation and take other action to expand voluntary and productive work for jail and prison inmates; and

2. Provide job training and job placement assistance in conjunction with community based correctional programs.

FURTHER RESOLVED, That the Association opposes legislative efforts that

would limit or restrict specific work opportunities for inmates without

offering new authority to create additional jobs for them; and

FURTHER RESOLVED, That the Association urges federal, state, territorial

and local governments to implement the following principles in conjunction

with correctional work programs:

1. The programs should be structured in a manner that minimizes disruption to the interests of private industry and labor unions;

2. Authority should be granted to prison industries to provide products and services for commercial markets, including products and services

that would otherwise be made by foreign labor;

3. As many inmates as possible should be employed in these programs, taking account of the unique circumstances of correctional work

settings and public health and safety concerns;

4. Inmates should be fairly compensated; 5. Clear principles of legal responsibility and accountability for

correctional work activities are to be a part of agreements between

governments and private entities engaged by these governments to

operate correctional work programs.

2002 MY 101C Attorney client privilege

and international money

laundering.

RESOLVED, That the American Bar Association urges the United States

government to seek to protect and uphold the attorney/client relationship,

including the attorney/client privilege, in dealing with international money

laundering.

2002 MY 101D Specialized facilities,

programs, and treatment for

youth transferred to the

criminal justice system.

RESOLVED, That the American Bar Association supports the following

principles derived from the 2001 Report of the Task Force on Youth in the

Criminal System of the Criminal Justice Section, Youth in the Criminal

Justice System: Guidelines for Policymakers and Practitioners concerning

youth in the criminal justice system:

1. Youth are developmentally different from adults and these differences should be taken into account;

2. Pretrial release or detention decisions regarding youth awaiting trial should reflect their special characteristics;

3. If detained or incarcerated, youth should be housed in institutions or facilities separate from adult institutions or facilities at least until they

reach the age of eighteen;

4. Youth detained or incarcerated should be provided programs which address their educational, treatment, health, mental, and vocational

needs;

5. Youth should not be permitted to waive the right to counsel without consultation with a lawyer and without a full inquiry into the youth’s

comprehension of the right and their capacity to make the choice

intelligently, voluntarily and understandingly. Stand-by counsel

should be appointed if the right to counsel is voluntarily waived;

6. Judges should consider the individual characteristics of the youth during sentencing; and

7. Collateral consequences normally attendant to the justice process should not necessarily apply to all youth arrested for crimes

committed before age eighteen; and

FURTHER RESOLVED, That the ABA opposes, in principle, the trend

toward processing more and younger youth as adults in the criminal justice

system and urges policymakers at all levels to take the previously mentioned

principles into account in developing and implementing policies involving

youth under the age of eighteen.

2002 MY 8C Military commissions in

Guantanamo

RESOLVED, That the American Bar Association urges that, with respect to

the November 13, 2001, Military Order Regarding “Detention, Treatment,

and Trial of Certain Non-Citizens in the War Against Terrorism,” or any

similar military order that is issued, the President and Congress should assure

that the law and regulations governing any tribunal will:

1. Not be applicable to United States citizens, lawful resident aliens, and other persons lawfully present in the United States;

2. Not be applicable to persons apprehended or to be tried in the United States, except for persons subject to the settled and traditional law of

war who engage in conduct alleged to be in violation of such law of

war;

3. Not be applicable to cases in which violations of federal, state or territorial laws, as opposed to violations of such law of war, are

alleged;

4. Not permit indefinite pretrial detention of persons subject to the order; 5. Require that its procedures for trials and appeals be governed by the

Uniform Code of Military Justice except Article 32 and provide the

rights afforded in courts-martial thereunder, including, but not limited

to, provision for certiorari review by the Supreme Court of the United

States (in addition to the right to petition for a writ of habeas corpus),

the presumption of innocence, proof beyond a reasonable doubt, and

unanimous verdicts in capital cases; and

6. Require compliance with Articles 14 and 15(1) of the International Covenant on Civil and Political Rights, including, but not limited to,

provisions regarding prompt notice of charges, representation by

counsel of choice, adequate time and facilities to prepare the defense,

confrontation and examination of witnesses, assistance of an

interpreted, the privilege against self-incrimination, the prohibition of

ex post facto application of law, and an independent and impartial

tribunal, with the proceedings open to the public and press or, when

proceedings may be validly closed to the public and press, trial

observers, if available, who have appropriate security clearances.

FURTHER RESOLVED, That the American Bar Association urges the

Executive and Legislative branches, in establishing and implementing

procedures and selecting venues for trial by military tribunals, to give full

consideration to the impact of its choices as precedents in (a) the prosecution

of U.S. citizens in other nations and (b) the use of international legal norms in

shaping other nations’ responses to future acts of terrorism.

2002 MY 104 Harboring of terrorists,

prosecution of terrorists

RESOLVED, That the American Bar Association, pursuant to its dedication

to the rule of law, supports the call of the President of the United States to

bring to justice the perpetrators of global terrorism and those who harbor

terrorists or give them aid.

2002 AY 115A Naturalization, citizenship,

path to immigration status

RESOLVED, That the American Bar Association supports legislation to

provide noncitizens who both reside in the United States and demonstrate

significant ties to the United States, such as employment, tax payment,

family, length of residence, with an opportunity for them and their immediate

relatives to acquire lawful permanent residence.

FURTHER RESOLVED, That a noncitizen residing in the United States who

is eligible to immigrate through family-sponsored or other provisions of the

Immigration and Nationality Act should be able to adjust to permanent

residence in the United States rather than travel abroad for processing.

FURTHER RESOLVED, That any temporary worker or legalization program

guarantees basic labor rights with the ability to change employers and provide

a realistic opportunity to obtain permanent resident status.

2002 AY 115B Protection of the rights of

immigration detainees

RESOLVED, That the American Bar Association opposes the

incommunicado detention of foreign nationals in undisclosed locations by the

Immigration and Naturalization Service (INS) and urges protection of the

constitutional and statutory rights of immigration detainees by:

1. Disclosing the names, detention facilities and charges against detainees and ensuring their immediate access to attorneys and family

members;

2. Prompting charging detainees and releasing detainees when charges are not brought or removal orders are not effectuated within a

constitutionally permissible time period;

3. Providing prompt custody hearings before immigration judges with meaningful administrative review and judicial oversight;

4. Holding public removal hearings except when required to protect the individual’s safety or welfare or when a judge finds that a portion of

any such hearing must be closed because (a) information that would

pose an imminent threat to national security is likely to be disclosed in

that portion of the hearing and (b) there is no other reasonable

available alternative to closure that would adequately protect the

government’s national security interest; and

5. Promulgating into regulation the four INS detention standards relating to access to counsel and legal information, and permitting independent

organizations to visit the detention facilities and meet privately with

detainees to monitor compliance.

2002 AY 108A Elder abuse RESOLVED, That the American Bar Association supports efforts to improve

the response of federal, state, territorial and local governments and of the

criminal and civil justice systems to elder abuse, neglect and exploitation

(hereinafter “elder abuse”).

FURTHER RESOLVED, That in order to address and reduce the incidence of

elder abuse, the American Bar Association urges implementation at the

federal, state, territorial and local levels of the following actions based upon

recommendations adopted by the National Policy Summit on Elder Abuse in

December 2001:

(1) Create a nationwide structure for raising public awareness; supporting research, training and technical assistance; funding critical services;

and coordinating local, territorial, state, and national resources;

(2) Develop and implement specialized training about elder abuse for all components of the justice system;

(3) Establish federal leadership to ensure that adult protective services and legal and other services are of sufficient quality to protect and

serve victims of elder abuse;

(4) Create broad-based, multidisciplinary task forces or coalitions in each state to examine and develop systemic approaches to elder abuse

interventions;

(5) Develop, fund, and implement a multidisciplinary research agenda to sustain, advance, and assess professional training and practice on elder

abuse;

(6) Maximize and expand resources for preventing and responding to elder abuse;

(7) Develop adequate tools and services to enable capacity assessments and surrogate decision-making for victims of elder abuse;

(8) Ensure that legal and other services are available to meet the immediate crisis needs of victims.

2002 AY 107 Pretrial detention,

sentencing and corrections

systems

RESOLVED, That the American Bar Association urges federal, state,

territorial and local governments, in responding to budget constraints, to

undertake a comprehensive review of their pretrial detention, sentencing and

correctional systems, to identify modifications that can be made in those

systems to improve their cost-effectiveness, in conformance with public

safety needs and constitutional requirements; and

FURTHER RESOLVED, That the American Bar Association urges these

jurisdictions to ensure the availability of alternatives to incarceration for use

in appropriate cases before considering construction of new or expanded

public or private prisons or jails; and

FURTHER RESOLVED, That the American Bar Association adopts the

“Blueprint for Cost-Effective Pretrial Detention, Sentencing and Corrections

Systems”, dated August 2002, and commends to federal, state, territorial and

local governments the provisions of the Blueprint as minimum steps to

eliminate unnecessary correctional expenditures, enhance cost-effectiveness,

and promote justice.

2002 AY 117A Family members and

surviving relatives of crime

victims, terrorism

RESOLVED, That the American Bar Association urges federal, state,

territorial, and local governments to enact legislation, promulgate regulations,

or take other necessary action to ensure that an unmarried surviving partner

who shares a mutual, interdependent, committed relationship with a victim of

terrorism or other crime can qualify for crime victim compensation and

assistance funds provided by that government to eligible spouses.

FURTHER RESOLVED, That eligibility for such funds should be determined

without reference to intestate succession laws and should not affect the

operation of such laws.

2002 AY 104B Hate crimes and prejudice

motivated acts by youth

RESOLVED, That the American Bar Association urges federal, state,

territorial and local governments to enact and fully implement legislation that

promotes tolerance and anti-bias instruction, multicultural awareness training,

hate crime/violence prevention education, and anti-bullying/harassment

programs for children, parents, teachers, and school administrators;

FURTHER RESOLVED, That the American Bar Association urges public

education agencies, school boards, juvenile courts, and other community

agencies to adopt policies that:

a) Urge juvenile courts to create and utilize appropriate diversionary programs or, where necessary, alternative dispositions that educate

children on the negative impact of hate and prejudice-motivated

behavior;

b) Consider the unique circumstances of each hate crime or incidence of violence committed by and against children when responding to any

such reported act;

c) Provide for national, state, local, college/university, and elementary/secondary school data collection on juvenile hate crimes,

and reported acts of harassment, bullying, or other violence committed

by and against children; and

d) Encourage government-funded agencies responsible for residential care settings for children to implement and enforce nondiscrimination

policies for children in their care and promptly investigate and resolve

incidents of harassment, violence or other mistreatment directed

toward those children.

FURTHER RESOLVED, That the American Bar Association urges the

organized bar, and individual lawyers, to facilitate tolerance and anti-bias

education in school and community settings and to promote programs that

respond to hate crimes and prejudice-motivated acts by children.

2003 MY 106B Prohibition of

Discrimination in Housing

against victims of domestic

violence

RESOLVED, That the American Bar Association supports federal, state, local

and territorial legislation to prohibit discrimination in housing against victims

of domestic violence;

FURTHER RESOLVED, That the American Bar Association urges all

relevant federal, state, local, and territorial administrative agencies to adopt

and vigorously enforce regulations to combat such discrimination.

2003 MY 104 Detection and prevention of

domestic and international

RESOLVED, the American Bar Association supports the enactment of

reasonable and balanced initiatives designed to detect and prevent domestic

and international money laundering and terrorist financing.

money laundering and

terrorist financing

FURTHER RESOLVED, That any efforts to establish and implement

international and United States polices to combat domestic and international

money laundering and terrorist financing should be consistent with the

following principles:

(1) Lawyers play a critical and independent role in the administration of justice and in ensuring lawful compliance by persons and entities

involved in commercial and financial activities;

(2) The judiciary and the organized bar are responsible for establishing ethical rules governing the activities of lawyers and for ensuring that

the profession adheres to the highest standards of professional and

lawful conduct; and

(3) There is a critical need for confidentiality in client communications with lawyers to ensure the independence of the bar, protect the

lawyer-client relationship, and support the proper functioning of the

legal system;

FURTHER RESOLVED, That the American Bar Association:

(1) Opposes any law or regulation that, while taking action to combat money laundering or terrorist financing, would compel lawyers to

disclose confidential information to government officials or otherwise

compromise the lawyer-client relationship or the independence of the

bar; and

(2) Will continue to review the Model Rules of Professional Responsibility and evaluate whether the rules permitting, in

appropriate circumstances, disclosure of confidential information

should be modified to permit disclosure of information demonstrating

the clear intent of a client to commit criminal acts such as money

laundering; and

(3) Urges bar associations and law schools to undertake education efforts to ensure that lawyers are informed regarding the scope of money

laundering laws and the anti-money laundering requirements that

apply to lawyers to safeguard the profession from being used to

facilitate money laundering or terrorist financing activity.

2003 MY 116 Homeless courts RESOLVED, That the American Bar Association supports the development

of a comprehensive, systemic approach to addressing the needs of homeless

misdemeanant defendants through multidisciplinary strategies that include

coordination among the criminal justice, health, social service and education

systems, and the community.

FURTHER RESOLVED, That the American Bar Association urges state,

local and territorial courts to adopt Homeless Court Programs as treatment-

oriented diversionary proceedings that may result in the dismissal of

misdemeanor offenses upon completion of shelter/service agency activities,

as a means to foster the movement of people experiencing homelessness from

the streets through a shelter program to self-sufficiency.

FURTHER RESOLVED, That the American Bar Association urges state,

local and territorial bar associations to facilitate the development of Homeless

Court Programs.

2003 MY 107 ABA Guidelines for the

Appointment and

Performance of Defense

Counsel in Death Penalty

Cases

RESOLVED, That the American Bar Association adopts the black letter ABA

Guidelines for the Appointment and Performance of Defense Counsel in

Death Penalty Cases, dated February 2003*; and

FURTHER RESOLVED, That the American Bar Association recommends

adoption by death penalty jurisdictions of the ABA Guidelines for the

Appointment and Performance of Defense Counsel in Death Penalty Cases,

dated February 2003.

2003 MY 109 Treatment of Enemy

Combatants

RESOLVED, That the American Bar Association urges that U.S. citizens and

residents who are detained within the United States based on their designation

as “enemy combatants” be afforded the opportunity for meaningful judicial

review of their status under a standards according such deference to the

designation as the reviewing court determines to be appropriate to

accommodate the needs of the detainees and the requirements of national

security; and

FURTHER RESOLVED, That the American Bar Association urges that U.S.

citizens and residents who are detained within the United States based on

their designation as “enemy combatants” not be denied access to counsel in

connection with the opportunity for such review, subject to appropriate

conditions as may be set by the court to accommodate the needs of the

detainees and the requirements of national security; and

FURTHER RESOLVED, That the American Bar Association urges Congress,

in coordination with the Executive Branch, to establish clear standards and

procedures governing the designation and treatment of U.S. citizens,

residents, or others who are detained within the United States as “enemy

combatants,” and

FURTHER RESOLVED, That the American Bar Association urges that, in

settling and executing national policy regarding detention of “enemy

combatants,” Congress and the Executive Branch should consider how the

policy adopted by the United States may affect the response of other nations

to future acts of terrorism.

2003 MY 103B Prisoner requests for

modification of sentences

RESOLVED, That the American Bar Association urges federal, state, local

and territorial governments to evaluate their existing laws, practices and

procedures and to develop criteria relating to the consideration of prisoner

requests for reduction or modification of sentence based on extraordinary and

compelling circumstances arising after sentencing, to ensure their timely and

effective operation.

FURTHER RESOLVED, That the American Bar Association urges these

jurisdictions to develop criteria for reducing or modifying a term of

imprisonment in extraordinary and compelling circumstances, provided that a

prisoner does not present a substantial danger to the community.

Rehabilitation alone shall not be considered an extraordinary and compelling

circumstance.

FURTHER RESOLVED, That the American Bar Association urges these

jurisdictions to develop and implement procedures to assist prisoners who by

reason of mental or physical disability are unable on their own to advocate

for, or seek review of adverse decisions on, requests for sentence reduction.

2003 MY 118 Congressional oversight of

the Foreign Intelligence

Surveillance Act (FISA)

RESOLVED, That the American Bar Association urges the Congress to

conduct regular and timely oversight, including public hearings (except when

Congress determines that the requirements of national security make open

proceedings inappropriate), to ensure that government investigations

undertaken pursuant to the Foreign Intelligence Surveillance Act (“FISA” or

“the Act”) do not violate the First, Fourth, and Fifth Amendments to the

Constitution and adhere to the Act’s purposes of accommodating and

advancing both the government’s interest in pursuing legitimate intelligence

activity and the individual’s interest in being free from improper government

intrusion.

FURTHER RESOLVED, That the American Bar Association urges the

Congress to consider amendments to the Act to:

(1) Clarify that the procedures adopted by the Attorney General to protect United States persons, as required by the Act, should ensure that FISA

is used when the government has a significant (i.e., non in-

substantial), foreign intelligence purpose, as contemplated by the Act,

and not to circumvent the Fourth Amendment; and

(2) Make available to the public an annual statistical report on FISA investigations, comparable to the reports prepared by the

Administrative Office of the United States Courts, pursuant to 18

U.S.C. sec. 2519, regarding the use of Federal wiretap authority.

2003 AY 301 Treatment of Enemy

Combatants

RESOLVED, That the American Bar Association calls upon Congress and

the Executive Branch to ensure that all defendants in any military commission

trials that may take place have the opportunity to receive the zealous and

effective assistance of Civilian Defense Counsel (CDC), and opposes any

qualification requirements or rules that would restrict the full participation of

CDCs who have received appropriate security clearances, and

FURTHER RESOLVED, That the American Bar Association endorses the

following principles for the conduct of any military commission trials that

may take place:

1. The government should not monitor privileged conversations, or interfere with confidential communications, between any defense

counsel and client;

2. The government should ensure that CDC who have received appropriate security clearances are permitted to be present at all stages

of commission proceedings and are afforded full access to all

information necessary to prepare a defense, including potential

exculpatory evidence, whether or not used, or intended to be used, at a

trial;

3. The government should ensure that CDC are able to consult with other attorneys, seek expert assistance, advice, or counsel outside the

defense team, and conduct all professionally appropriate factual and

legal research, subject to their duty not to reveal or disseminate

classified or protected information or to such other conditions as the

presiding officer of a military commission may determine are required

by the circumstances in a particular case after notice and hearing;

4. The government should not limit the ability of CDC to speak publicly, consistent with their obligations under the Model Rules of

Professional Conduct, and subject to their duty not to reveal or

disseminate classified or protected information, or to such other

conditions as the presiding officer of a military commission may

determine are required by the circumstances in a particular case after

notice and hearing;

5. The government should provide for travel, lodging, and required security clearance background investigations for CDC, and should

consider the professional and ethical obligations of CDC in scheduling

of proceedings.

6. The Government should permit non-U.S. citizen lawyers with appropriate qualifications to participate in the defense.

7. To the extent that the government seeks modification of any of the foregoing on the basis of national security concerns, it should be

required to do so on a case-by-case basis in a proceeding before a

neutral officer and with defense participation.

FURTHER RESOLVED, That Congress and the Executive Branch should

develop rules and procedures to ensure that any military commission

prosecution in which the death penalty may be sought complies fully with the

provisions of the ABA Guidelines for the Appointment and Performance of

Counsel in Death Penalty Cases. (rev. ed. 2003).

2003 AY 103 Independence of Judiciary RESOLVED, That the American Bar Association adopts the Principles and

Conclusions of the Commission on the 21st Century Judiciary, dated August

2003, to ensure judicial independence, accountability and efficiency.

FURTHER RESOLVED, That the American Bar Association urges all state,

local and territorial bar associations to ensure the integrity of state and

territorial judiciaries by promoting the implementation of the Principles and

Conclusions of the Commission on the 21st Century Judiciary.

2003 AY 101B Disparate treatment of racial

and ethnic minority youth

RESOLVED, That the American Bar Association encourages state, local and

territorial bar associations, judges, prosecutors, defenders and police to instill

public confidence in the fairness of the justice system by making concerted

efforts to assure that the justice system provides fair and equal treatment for

all youth.

FURTHER RESOLVED, That the American Bar Association urges state,

local and territorial bar associations, judges, prosecutors, defenders and police

to address disparate treatment of racial and ethnic minority youth in the

justice system as a serious problem by adhering to the following principles:

1. State, local, and territorial bar associations should provide education and training on addressing the disparate treatment of youth and ensure

that courts maintain the goal of reducing disparate treatment.

2. Judges should obtain training on the disparate treatment of youth, promote the use of objective risk assessments, guard against

overcharging, ensure meaningful access to counsel, and maintain a

jurisdictional goal of reducing disparate treatment.

3. Prosecutors should obtain training on the disparate treatment of youth, ensure their decisions are based on objective criteria, seek alternatives

to formal prosecution, and take a leadership role in ensuring reduction

in the disparate treatment of youth.

4. Defenders should obtain training on the disparate treatment of youth, advocate for improved data collection and use of objective risk

assessments, ensure that their clients receive culturally appropriate

services, advocate for community based alternatives to detention, and

maintain an active role in reducing disparate treatment.

5. Police should obtain training on the disparate treatment of youth, keep detailed data regarding their contact and geographic patrolling of

youth, be familiar with diversion and community-based programming,

work with court personnel to develop community resources, and take

a leading role in reducing the disparate treatment of youth.

2003 AY 112B USA PATRIOT ACT,

surveillance authority

RESOLVED, That the American Bar Association opposes efforts to repeal

Section 224 of the USA PATRIOT Act, Pub. L. No. 107-56 (“the Act”),

which provides that certain of the surveillance authorities granted under Title

II of the Act will expire on December 31, 2005;

FURTHER RESOLVED, That the American Bar Association urges Congress

to conduct a thorough review of the implementation of the powers granted to

the Executive Branch under the Act before considering legislation that would

extend or further expand such powers; and

FURTHER RESOLVED, That the American Bar Association urges the

Executive Branch to cooperate with the congressional committees of

jurisdiction to ensure that they have timely access to all information they

require to fulfill their oversight responsibilities with respect to the Act.

2003 AY 104 Independence of judiciary

and public education about

the functioning of the courts

RESOLVED, That the American Bar Association urges judges, court

personnel and judicial organizations to incorporate as an integral function of

their position, furtherance of the public’s understanding of and confidence in

the American system of justice.

FURTHER RESOLVED, That the American Bar Association urges judges,

court personnel and judicial organizations to develop, support and actively

participate in public education programs about the law and the justice system,

in order to promote the trust and confidence of the public that is crucial to

maintaining an independent judiciary.

2003 AY 117 First responders to terrorist

attacks

RESOLVED, That the American Bar Association supports increased federal

funding to state, local and territorial governments, including public

authorities, to enable these “first responders” to prevent terrorist attacks and

increase their readiness to respond to any attacks that do occur.

2004 MY 116 Adults and juveniles with

mental illness in the

criminal justice system

RESOLVED, That the American Bar Association urges Congress to enact

legislation that would address the complex problem presented by the large

number of adults with mental illness and juveniles with mental or emotional

illness or disorders who come into contact with the criminal and juvenile

justice systems; such legislation should provide for:

1. Grant programs to help states, territories, and localities develop pre- and post-booking diversion programs;

2. Prevention, in-jail, in-custody, and community-based treatment programs, including re-entry services to adults with mental illness and

juveniles with mental or emotional illness or disorders; and

3. Effective training for mental health personnel, law enforcement, judges, court and corrections personnel, probation and parole

personnel, prosecutors, and defenders.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, local and territorial governments to increase funding and financing for

public mental health services so that adults with mental illness and juveniles

with mental or emotional illness or disorders can obtain the support necessary

to enable them to live independently in the community, and to avoid contact

with the criminal and juvenile justice systems.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, local and territorial governments to improve their response to adults

with mental illness and juveniles with mental or emotional illness or disorders

who come into contact with the criminal and juvenile justice systems, by

developing and promoting programs, policies and laws that would accomplish

the following:

1. Improve collaboration among professionals, administrators, and policymakers in the criminal justice, juveniles justice, mental health,

and substance abuse systems;

2. Provide training on mental illness and co-occurring disorders and the mental health and substance abuse systems to judges, court and

corrections personnel, law enforcement, probation and parole

personnel, prosecutors, and defenders who deal with adults with

mental illness and juveniles with mental or emotional illness or

disorders;

3. Develop pre- and post-booking programs to divert, where appropriate, adults with mental illness and juveniles with mental or emotional

illness or disorders from the criminal and juvenile justice systems;

4. Ensure that law enforcement, courts, and correctional agencies properly accommodate adults with mental illness and juveniles with

mental or emotional illness or disorders with whom they come into

contact, both as crime victims and as individuals suspected of

committing a crime;

5. Assist governments at all levels in developing local solutions to the complex problem of dealing with mental illness in the criminal and

juvenile justice systems;

6. Improve federal, state, and local policy and practice with respect to access to health and income benefits for persons with mental illness

being released from incarceration so that such benefits are available to

them immediately upon release without administrative delays; and

7. Collect information and improve research regarding mental illness and individuals with mental illness in the criminal and juvenile justice

systems, particularly research on interventions that prevent criminal

justice system involvement and reduce recidivism.

2004 MY 103A Universal criminal

jurisdiction

RESOLVED, That the American Bar Association recognizes the principle of

universal criminal jurisdiction as an important tool in the worldwide effort to

strengthen the rule of law by providing the means for the prosecution of

persons who have committed serious international crimes, regardless of where

they are committed or by whom or against whom, and supports the principle

when it is exercised consistent with the limitations set forth herein;

FURTHER RESOLVED, That subject to such other limitations as may be

imposed by international law, universal criminal jurisdiction should be

exercised only (a) for serious international crimes that clearly are recognized

by treaty or customary international law authorizing such jurisdiction, (b)

where there are facts supporting a reasonable belief that such a crime may

have been committed by the suspect, and (c) when exercised in accordance

with international norms on the protection of human rights in the context of

criminal proceedings;

FURTHER RESOLVED, That in exercising their jurisdiction whether to

prosecute in such cases, nations should not prosecute a citizen or lawful

permanent resident of another nation where (a) the case is being investigated

or prosecuted by that nation, unless that nation is unwilling or unable

genuinely to carry out the investigation or prosecution and to do so in

accordance with international human rights norms or (b) the case has been

investigated by that nation and that nation has decided not to prosecute the

person concerned, unless the decision resulted from an unwillingness or

inability of that nation genuinely to prosecute and to do so in accordance with

such international human rights norms;

FURTHER RESOLVED, That since the United States has adequate

procedures to investigate and prosecute serious international crimes in both its

federal and military courts and to do so in accordance with international

human rights norms, so long as the United States Government uses those

procedures in the fashion set forth herein, no other nation should prosecute

U.S. citizens or lawful permanent residents for crimes on the basis of

universal criminal jurisdiction; and

FURTHER RESOLVED, That the American Bar Association urges the

United States Government to work with governments of other nations to take

all reasonable steps to ensure that the application of universal criminal

jurisdiction by all nations is uniform and consistent with the foregoing.

2004 MY 105 Federal jurisdiction over

immigration

RESOLVED, That the American Bar Association:

1. Urges that the Federal Government retain exclusive jurisdiction over civil immigration matters;

2. Opposes delegation of legal authority to state, territorial and local police to enforce federal civil immigration laws; and

3. Opposes criminalization of civil violations of immigration law.

2004 MY 8A Video recording of

interrogations

RESOLVED, That the American Bar Association urges all law enforcement

agencies to videotape the entirety of custodial interrogations of crime suspects

at police precincts, courthouses, detention centers, or other places where

suspects are held for questioning, or, where videotaping is impractical, to

audiotape the entirety of such custodial interrogations.

FURTHER RESOLVED, That the American Bar Association urges

legislatures and/or courts to enact laws or rules of procedure requiring

videotaping of the entirety of custodial interrogations of crime suspects at

police precincts, courthouses, detention centers, or other places where

suspects are held for questioning, or, where videotaping is impractical, to

require the audiotaping of such custodial interrogations, to provide necessary

funding, and to provide appropriate remedies for non-compliance.

2004 MY 8C Judicial elections campaigns RESOLVED, That the public’s trust and confidence in a fair, impartial and

independent judiciary is threatened by previously unregulated, non-candidate

electioneering communications regarding judicial elections.

FURTHER RESOLVED, That the American Bar Association urges states and

territories to take appropriate steps, through legislation or administrative

regulation consistent with the constitutional principles articulated in the

decision of the Supreme Court of the United States in McConnell v. Federal

Election Commission (02-1674, 2003), to require the timely public disclosure

of expenditures, and the source and amount of all contributions exceeding a

specified amount, for electioneering communications regarding judicial

elections.

2004 AY 115 Gun laws, trafficking in

firearms

RESOLVED, That the American Bar Association supports stronger federal,

state, local and territorial efforts to implement and enforce existing gun laws

at all levels of government.

FURTHER RESOLVED, That the American Bar Association urges Congress

and the Administration to support full implementation and enforcement of

existing federal gun laws by:

1. Providing adequate federal investigative and prosecutorial resources targeted not only to prosecuting crimes committed with guns, but also

for other rarely prosecuted major federal gun crimes including illegal

gun trafficking, illegal sales by firearm dealers, illegal sales to minors,

stolen firearms offenses and false statements made by prospective

buyers with respect to eligibility to purchase firearms;

2. Fully implementing the National Instant Criminal Background Check System (NICS) through federal interagency cooperation regarding

making records available to NICS; through federal funding to assist

states, territories and Indian Tribal governments in establishing or

upgrading technology for determining firearm purchaser eligibility;

and through grants to state to improve the automation and transmittal

to Federal and State record repositories of felony criminal history

dispositions, records relevant to determining whether a person has

been convicted of a misdemeanor crime of domestic violence, court

orders, and mental health adjudications or commitments; and

3. Enacting legislations to require retention of gun sales background check records for 90 days and to authorize sharing of federal data

regarding the point of sale of guns traced to crime with state and other

law enforcement authorities.

2004 AY 121A Kennedy Commission

sentencing systems,

alternatives to incarceration

RESOLVED, That the American Bar Association urges states, territories and

the federal government to ensure that sentencing systems provide appropriate

punishment without overreliance on incarceration as a criminal sanction,

based on the following principles:

1. Lengthy periods of incarceration should be reserved for offenders who pose the greatest danger to the community and who commit the most

serious offenses.

2. Alternatives to incarceration should be provided when offenders pose minimal risk to the community and appear likely to benefit from

rehabilitation efforts.

FURTHER RESOLVED, That the American Bar Association urges that

states, territories, and the federal government:

1. Repeal mandatory minimum sentence statutes; 2. Employ sentencing systems that guide judicial discretion consistent

with Blakely v. Washington, 124 S. Ct. 2531 (June 24, 2004), to avoid

unwarranted and inequitable disparities in sentencing among like

offenses and offenders, but permit courts to consider the unique

characteristics of offenses and offenders that may warrant an increase

or decrease in a sentence;

3. Require a sentencing court to state on the record reasons for increasing or decreasing a presumptive sentence, and permit appellate

review of any sentence so imposed.

4. Assign responsibility for monitoring the sentencing system to an entity or agency with sufficient authority and resources to:

a. Recommend or adopt alternatives to incarceration that have proven successful in other jurisdictions; and

b. Gather and analyze data as to criminal activity and sentencing and the financial impact of proposed legislation, and consider whether

changes in sentencing practices should be recommended or

adopted in light of increases or decreases in crime rates, changes

in sentencing patterns, racial disparities in sentencing, correctional

resources, and availability of sentencing alternatives.

5. Study and fund treatment alternatives to incarceration for offenders who may benefit from treatment for substance abuse and mental

illness.

6. Adopt diversion or deferred adjudication programs that, in appropriate cases, provide an offender with an opportunity to avoid a criminal

conviction.

7. Develop graduated sanctions for probation and parole violations that provide for incarceration only when a probation or parole violator has

committed a new crime or poses a danger to the community.

FURTHER RESOLVED, That the American Bar Association recommends

that the Congress:

1. Repeal the 25 percent rule in 28 U.S.C. 994(b)(2) to permit the United States Sentencing Commission to revise, simplify and recalibrate the

federal sentencing guidelines and consider state guideline systems that

have proven successful.

2. Reinstate the abuse of discretion standard of appellate review of sentencing departures, in deference to the district court’s knowledge

of the offender and in the interests of judicial economy.

3. Minimize the statutory directives to the United States Sentencing Commission to permit it to exercise its expertise independently.

4. Repeal the limitation on the number of judges who may serve on the United States Sentencing Commission.

2004 AY 121B Elimination of actual and

perceived racial and ethnic

bias in the criminal justice

system

RESOLVED, That the American Bar Association urges states, territories and

the federal government to strive to eliminate actual and perceived racial and

ethnic bias in the criminal justice system by enacting measures that would:

1. Establish Criminal Justice Racial and Ethnic Task Forces to: a. Include individuals and entities who play important roles in the

criminal justice process, and invite community participation from

interested groups such as advisory neighborhood commissions and

local civil rights organizations; and

b. Design and conduct studies to determine the extent of racial and ethnic disparity in the various stages of criminal investigation,

prosecution, disposition and sentencing; make periodic public

reports on the results of their studies; and make specific

recommendations intended to eliminate racial and ethnic

discrimination and unjustified racial and ethnic disparities.

2. Require law enforcement agencies to develop and implement policies and procedures to combat racial and ethnic profiling, including

education and training, data collection and analysis and other “best

practices” that have been implemented throughout the country through

voluntary programs and legislation.

3. Require legislatures to conduct racial and ethnic disparity impact analyses to evaluate the potential disparate effects on racial and ethnic

groups of existing statutes and proposed legislation; review the data

gathered and recommendations made by Criminal Justice Racial and

Ethnic Task Forces; and propose legislative alternatives intended to

eliminate predicted racial and ethnic disparity at each stage of the

criminal justice process.

2004 AY 121C Establishment of standards

and a process for prisoners

to request a reduction of

sentence in exceptional

circumstances; process for

executive clemency

RESOLVED, That the American Bar Association urges states, territories and

the federal government to establish standards and provide an accessible

process by which prisoners may request a reduction of sentence in

exceptional circumstances, both medical and non-medical, arising after

imposition of sentence, including but not limited to old age, disability,

changes in the law, exigent family circumstances, heroic acts, or

extraordinary suffering; and to ensure that there are procedures in place to

assist prisoners who are unable to advocate for themselves.

FURTHER RESOLVED, That the American Bar Association urges expanded

use of the procedure for sentence reduction for federal prisoners for

“extraordinary and compelling reasons” pursuant to 18 U.S.C.

3582(c)(1)(A)(i) and that:

1. The Department of Justice ensure that full and fair consideration is given to prisoner requests for sentence reduction, including the

implementation of procedures to assist prisoners who are unable to

advocate for themselves; and

2. The United States Sentencing Commission promulgate policy guidance for sentencing courts and the Bureau of Prisons in

considering petitions for sentence reduction, which will incorporate a

broad range of medical and non-medical circumstances.

FURTHER RESOLVED, That the American Bar Association urges states,

territories and the federal government to expand the use of executive

clemency and:

1. Establish standards governing applications for executive clemency, including both commutation of sentence and pardon; and

2. Specify the procedures that an individual must follow in order to apply for clemency and ensure that they are reasonably accessible to

all persons.

FURTHER RESOLVED, That the American Bar Association urges states,

territories and the federal government to establish an accessible process by

which offenders who have served their sentences may request pardon,

restoration of legal rights and privileges, including voting rights, and relief

from other collateral disabilities.

FURTHER RESOLVED, That the American Bar Association urges bar

associations to establish programs to encourages and train lawyers to assist

prisoners in applying for pardon, restoration of legal rights and privileges,

relief from other collateral sanctions, and reduction of sentence.

2004 AY 121D Effective supervision of

prisoners in safe and secure

environment, re-entry and

release into the community,

legal barriers for re-entry of

convicted persons

RESOLVED, That the American Bar Association urges states, territories and

the federal government to ensure that prisoners are effectively supervised in

safe, secure environments; that correctional staff are properly trained and

supervised; and that allegations of mistreatment are promptly investigated and

are dealt with swiftly and appropriately.

FURTHER RESOLVED, That the American Bar Association urges states,

territories and the federal government to prepare prisoners for release back

into the community by implementing policies and programs that:

1. From the beginning of incarceration, provide appropriate programming, including substance abuse treatment, educational and

job training opportunities, and mental health counselling and services;

and

2. Encourage prisoner participation by giving credit toward satisfaction of sentence for successful completion of such programs.

FURTHER RESOLVED, That the American Bar Association urges states,

territories and the federal government to assist prisoners who have been

released into the community by implementing policies and programs that:

1. Establish community partnerships that include corrections, police, prosecutors, defender organizations and community representatives

committed to promoting successful reentry into the community and

that measure their performance by the overall success of reentry; and

2. Assist prisoners returning to the community with transitional housing, job placement assistance, and substance abuse avoidance.

FURTHER RESOLVED, That the American Bar Association urges states,

territories and the federal government, in order to remove unwarranted legal

barriers to reentry, to:

1. Identify collateral sanctions imposed upon conviction and discretionary disqualification of convicted persons from otherwise

generally available opportunities and benefits;

2. Limit collateral sanctions to those that are specifically warranted by the conduct underlying the conviction, and prohibit those that

unreasonably infringe on fundamental rights or frustrate successful

reentry; and

3. Limit situations in which a convicted person may be disqualified from otherwise available benefits and opportunities, including employment,

to the greatest extent consistent with public safety.

FURTHER RESOLVED, That the American Bar Association urges law

schools to establish reentry clinics in which students assist individuals who

have been imprisoned and are seeking to reestablish themselves in the

community, regain legal rights, or remove collateral disabilities.

2004 AY 110 Procedural safeguards when

accused persons are ordered

to make a payment for

representation furnished to

them at government expense

RESOLVED, That the American Bar Association adopts the black letter ABA

Guidelines on Contribution Fees for Costs of Counsel in Criminal Cases,

dated August 2004.

FURTHER RESOLVED, That the American Bar Association urges

compliance with ABA Guidelines on Contribution Fees for Costs of Counsel

in Criminal Cases to ensure satisfactory procedural safeguards when accused

persons are ordered to make a payment for representation furnished to them at

government expense.

2004 AY 112 Elimination of policies that

sanction discrimination

against people seeking

treatment or recovery from

alcohol or other drug

diseases.

RESOLVED, That the American Bar Association urges federal, state,

territorial and local governments to implement the following principles

adopted by a national policy panel in a 2003 report published by Join

Together entitled, “Ending Discrimination Against People with Alcohol and

Drug Problems,” addressing discrimination against people seeking treatment

or recovery from alcohol or other drug diseases:

1. Addition to alcohol or other drugs is a treatable chronic disease that should be viewed and addressed as a public health issue; and

2. People seeking treatment or recovery from alcohol or other drug diseases should not be subject to legally imposed bans or other

barriers based solely on their addiction. Such bans should be identified

and removed.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to eliminate policies that sanction

discrimination as a deterrent or punishment by implementing the following

recommendations concerning public benefits in “Ending Discrimination

Against People with Alcohol and Drug Problems:”

1. People with drug convictions but no evidence of current drug use should not be denied or hindered in obtaining student loans, other

grants, scholarships, or access to government training programs;

2. Persons with non-violent drug convictions but no evidence of current drug use should not be banned from receiving government cash

assistance and food stamps; and

3. Public housing agencies and providers of Section 8 and other federally assisted housing should use the discretion given to them in public

housing laws to help people get treatment, rather than permanently

barring them and their families from subsidized housing, provided that

the person seeking or in treatment poses no threat to the safety of

other persons, including family members.

2004 AY 114 Encouraging the use of

administratively imposed

monetary penalty regimes as

part of a regulatory

program’s comprehensive

enforcement scheme

RESOLVED, That the American Bar Association: (1) generally encourages

the use of administratively imposed civil money penalties by federal agencies

against regulated persons and entities as one part of an administrative

enforcement program that already includes civil or criminal sanctions; and (2)

recommends that, in cases involving any significant administratively imposed

civil money penalties, the opportunity for a formal adjudication pursuant to

the Administrative Procedure Act’s provisions, 5 U.S.C. 554, 556-558, be

available to parties; but (3) that the foregoing position relating to the use of

administratively imposed civil money penalties does not preclude, and is not

inconsistent with, American Bar Association opposition to those portions of

H.R. 2179 and S. 476 (108th Congress) that would extend the Securities and

Exchange Commission’s administrative penalty authority to non-regulated

entities.

2004 AY 303 Urging changes to the

proposed amendments to the

Sentencing guidelines for

organizations regarding

attorney-client privilege and

work product protection

RESOLVED, That the American Bar Association urges the United States

Congress to make the following changes to the proposed amendments to the

Sentencing Guidelines for Organizations:

1. Amend the Application Note to 8C2.5 to state affirmatively that waiver of the attorney-client privilege and work product protection

should not be a factor in determining whether a sentencing reduction

is warranted for cooperation with the government.

2. Retain the approach of the 1991 Sentencing Guidelines to determine whether a compliance program is effective, or create a sliding scale

for reductions in an organization’s culpability score based on the

degree to which an organization satisfies the various criteria in

proposed 8B2.1;

3. Amend proposed 8C2.5(f)(2) to provide: “Subsection (f)(1) shall not apply if, after becoming aware of an offense, the organization

unreasonably delayed (a) in taking appropriate steps to terminate any

continuing unlawful conduct, or (b) in assessing whether the

organization’s compliance program should be modified in light of the

discovery of the offense, and thereafter implementing any appropriate

modifications;

4. Amend proposed 8C2.5(f)(3) to: (a) eliminate any absolute unavailability of a culpability score reduction if high-level personnel

participated in, condoned, or were willfully ignorant of the violation;

and (b) establish a rebuttable presumption that an organization’s

compliance program was ineffective if personnel at the officer or

executive level participated in, condoned, or were willfully ignorant of

the violation; and

5. Insert an Application Note stating that if an organization conducts an assessment annually, and promptly after the discovery of any criminal

offense committed by a member of the organization, the organization

has conducted the periodic assessments required by proposed 8B2.1(c)

with sufficient frequency.

2004 AY 111B Accreditation of crime

laboratories, medical

examiners offices, and the

standardization and

publication of lab

procedures

RESOLVED, That the American Bar Association urges federal, state, local

and territorial governments to reduce the risk of convicting the innocent,

while increasing the likelihood of convicting the guilty, by adopting the

following principles:

1. Crime laboratories and medical examiner offices should be accredited, examiners should be certified, and procedures should be standardized

and published to ensure the validity, reliability, and timely analysis of

forensic evidence.

2. Crime laboratories and medical examiner officers should be adequately funded.

3. The appointment of defense experts for indigent defendants should be required whenever reasonably necessary to the defense.

4. Training in forensic science for attorneys should be made available at minimal cost to ensure adequate representation for both the public and

defendants.

5. Counsel should have competence in the relevant area or consult with those who do where forensic evidence is essential in a case.

2004 AY 111C Eyewitness identification

procedures, guidelines for

improving the accuracy of

lineups and photospreads

RESOLVED, That the American Bar Association adopts the American Bar

Association Statement of Best Practices for Promoting the Accuracy of

Eyewitness Identification Procedures dated August 2004.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, local and territorial governments to reduce the risk of convicting the

innocent, while increasing the likelihood of convicting the guilty, by adopting

the following principles:

1. Police and prosecutors craft detailed guidelines for conducting lineups and photospreads in a manner that maximizes their likely accuracy;

2. Police and prosecutors receive periodic training on how to implement the above-referenced guidelines;

3. Police and prosecutors receive periodic training on non-suggestive techniques for interviewing witnesses;

4. Internal mechanisms be created within police departments and prosecutors’ offices to periodically update such guidelines to

incorporate advances in social scientific research and in the continuing

lessons of practical experience; and

5. Every set of guidelines should address at least the subjects, and should incorporate at least the social scientific teachings and best practices,

set forth in the American Bar Association Statement of Best Practices

for Promoting the Accuracy of Eyewitness Identification Procedures

dated August 2004.

FURTHER RESOLVED, That the American Bar Association, to improve the

ability of juries and judges to make fully informed trial decisions concerning

the accuracy of eyewitness identifications, urges federal, state, local and

territorial governments to reduce the risk of convicting the innocent, while

increasing the likelihood of convicting the guilty, by adopting the following

principles:

1. Courts should have the discretion, where appropriate in an individual case, to allow a properly qualified expert to testify both pretrial and at

trial on the factors affecting eyewitness accuracy; and

2. Whenever there has been an identification of the defendant prior to trial, and identity is a central issue in a case tried before a jury, courts

should consider exercising their discretion to use a specific

instruction, tailored to the needs of the individual case, explaining the

factors to be considered in gauging the accuracy of the identification.

2004 AY 111E Investigative procedures

designed to ensure accuracy

in criminal investigation and

prevent wrongful conviction

of the innocent.

RESOLVED, That the American Bar Association urges federal, state, local

and territorial governments to reduce the risk of convicting the innocent,

while increasing the likelihood of convicting the guilty, by adopting the

following principles:

1. Establish and enforce written procedures and policies governing the collection and preservation of evidence and other aspects of the

conduct of criminal investigations;

2. Establish training programs and disciplinary procedures to assure that investigative personnel are prepared and accountable for their

performance;

3. Establish adequate opportunity for citizens and investigative personnel to report misconduct in investigations; and

4. Establish adequate funding for all of the above.

2004 AY 111F Principles and standards for

prosecutors to reduce the

risk of wrongly convicting

the innocent

RESOLVED, That the American Bar Association urges federal, state, local

and territorial governments to reduce the risk of convicting the innocent,

while increasing the likelihood of convicting the guilty, by adopting the

following principles:

1. Provide adequate funding to prosecutors’ offices; 2. Establish standards to ensure that workloads of prosecutors are

maintained at levels that allow them to provide competent legal

representation;

3. Ensure that law enforcement agencies, laboratories and other experts understand their obligations to inform prosecutors about exculpatory

or mitigating evidence;

4. Establish procedures for evaluating cases that rely upon eyewitness identification, confessions or testimony from witnesses that receive a

benefit; and

5. Draft legislation to provide that material evidence be preserved for a reasonable period of time after criminal appeals are exhausted to

permit post-conviction review.

2004 AY 10B Condemning the use of

torture or other cruel,

inhuman or degrading

treatment or punishment

RESOLVED, That the American Bar Association condemns any use of

torture or other cruel, inhuman or degrading treatment or punishment upon

persons within the custody or under the physical control of the United States

government (including its contractors) and any endorsement or authorization

of such measures by government lawyers, officials or agents;

FURTHER RESOLVED, That the American Bar Association urges the

United States government to comply fully with the Constitution and laws of

the United States and treaties to which the United States is a party, including

the Geneva Conventions of August 12, 1949, the International Covenant on

Civil and political Rights, the Convention Against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment, and related customary

international law, including Article 75 of the 1977 Protocol I to the Geneva

Conventions, to take all measures necessary to ensure that no person within

the custody or under the physical control of the United States government is

subjected to torture or other cruel, inhuman or degrading treatment or

punishment;

FURTHER RESOLVED, That the American Bar Association urges the

United States government to: (a) comply fully with the four Geneva

Conventions of August 12, 1949, including timely compliance with all

provisions that require access to protected persons by the International

Committee of the Red Cross; (b) observe the minimum protections of their

common Article 3 and related customary international law; and (c) enforce

such compliance through all applicable laws, including the War Crimes Act

and the Uniform Code of Military Justice;

FURTHER RESOLVED, That the American Bar Association urges the

United States government to take all measure necessary to ensure that all

foreign persons captured, detained, interned or otherwise held within the

custody or under the physical control of the United States are treated in

accordance with standards that the United States would consider lawful if

employed with respect to an American captured by a foreign power;

FURTHER RESOLVED, That the American Bar Association urges the

United States government to take all measures necessary to ensure that no

person within the custody or under the physical control of the United States is

turned over to another government when the United States has substantial

grounds to believe that such person will be in danger of being subjected to

torture or other cruel, inhuman or degrading treatment or punishment;

FURTHER RESOLVED, That the American Bar Association urges that 18

U.S.C. 2340(1) and 2340A be amended to encompass torture wherever

committed, and regardless of the underlying motive or purpose;

FURTHER RESOLVED, That the American Bar Association urges the

United States government to pursue vigorously (1) the investigation of

violations of law, including the War Crimes Act and the Uniform Code of

Military Justice, with respect to the mistreatment or rendition of persons

within the custody or under the physical control of the United States

government, and (2) appropriate proceedings against persons who may have

committed, assisted, authorized, condoned, had command responsibility for,

or otherwise participated in such violations;

FURTHER RESOLVED, That the American Bar Association urges the

President and Congress, in addition to pending congressional investigations,

to establish an independent, bipartisan commission with subpoena power to

prepare a full account of detention and interrogation practices carried out by

the United States, to make public findings, and to provide recommendations

designed to ensure that such practices adhere faithfully to the Constitution

and laws of the United States and treaties to which the United States is a

party, including the Geneva Conventions, the International Covenant on Civil

and Political Rights, and the Convention Against Torture and other Cruel,

Inhuman or Degrading Treatment or Punishment, and related customary

international law, including Article 75 of the 1977 Protocol Ito the Geneva

Conventions;

FURTHER RESOLVED, That the American Bar Association urges the

United States government to comply fully and in a timely manner with its

reporting obligations as a State Party to the Convention Against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment;

FURTHER RESOLVED, That the American Bar Association urges that, in

establishing and executing national policy regarding the treatment of persons

within the custody or under the physical control of the United States

government, Congress and the executive branch should consider how United

States practices may affect (a) the treatment of United States persons who

may be captured and detained by other nations and (b) the credibility of

objections by the United States to the use of torture or other cruel, inhuman or

degrading treatment or punishment against United States persons.

2005 MY 108A Compensation statutes for

erroneous convictions

RESOLVED, That the American Bar Association urges federal, state, local

and territorial jurisdictions to enact statutes to adequately compensate persons

who have been convicted and incarcerated for crimes they did not commit.

FURTHER RESOLVED, That the American Bar Association urges

jurisdictions to consider the following factors in drafting a compensation

statute:

A. Conditions Precedent: 1. Statutes should require claimants to have been incarcerated as the

result of a conviction.

2. Claimants must be able to show that their convictions were vacated or pardoned on a ground demonstrating actual innocence,

which for this purpose requires that the claimant did not commit

the crime, or the crime did not occur.

3. The claimant’s own misconduct should not have substantially contributed to the conviction. A false confession or guilty plea

does not automatically bar recovery.

B. The size of the award: 1. The award should be in proportion to the time served; 2. The award should be based upon economic loss; 3. The award should include non-economic losses, such as pain and

suffering, humiliation, loss of consortium, and loss of reputation;

and

4. Claimants are eligible for compensation only if, but for this conviction, the claimant would not have been incarcerated. The

government should have the burden of demonstrating that the

claimant would have otherwise been incarcerated.

C. A successful claimant shall be entitled to receive reasonable attorney’s fees in connection with establishing the claim of actual innocence.

D. Judgment should include relief from all governmental obligations incurred as a result of the trial, conviction and incarceration of the

claimant, and restoration of all rights lost as a result thereof.

E. The court or executive authority that releases an individual based on actual innocence should give that person notice of the statutory

compensation scheme.

1. Any suit much be brought within one year of notice. 2. If the claimant was not given notice, suit must be commenced

within two years after exoneration is final or after the adoption of

a compensation statute.

F. Jurisdictions should assist the innocent to reenter the community. 1. Assistance should be provided that is at least equivalent to that

available to individuals on probation or parole.

2. The erroneous judgment of conviction should be expunged from the innocent’s criminal record.

2005 MY 108B Uncorroborated jailhouse

informants

RESOLVED, That the American Bar Association urges federal, state, local,

and territorial governments to reduce the risk of convicting the innocent,

while increasing the likelihood of convicting the guilty, by ensuring that no

prosecution should occur based solely upon uncorroborated jailhouse

informant testimony.

2005 MY 108C Standards of practice for

defense counsel

RESOLVED, That the American Bar Association urges federal, state, local

and territorial governments to reduce the risk of convicting the innocent by

establishing standards of practice for defense counsel in serious non-capital

criminal cases that:

1. Formalize the means for providing appropriately experienced and qualified appointed or assigned defense counsel in serious criminal

cases, modeled after the means prescribed in Standards 5-1.2 and 5-

1.3 of the ABA Standards for Criminal Justice Providing Defense

Services and in the ABA Guidelines for the Appointment and

Performance of Defense Counsel in Death Penalty Cases, by:

a. Adopting and implementing a Criminal Defense Plan to be administered by a Responsible Agency, which is either a defender

organization or an independent authority; and

b. Authorizing the Responsible Agency to establish and publish recommended standards for defense representation, including

knowledge, training, and experience in the defense of serious

criminal cases, and using as a guide the requirements enumerated

in Standard 5-2.2 of the ABA Standards for Criminal Justice

Providing Defense Services:

2. Ensure that the workloads of defense counsel be maintained at levels that enable them to provide the level of representation recommended

by the Criminal Defense Plan, using as a guide the requirements

enumerated in Standard 5-5.3 of the ABA Standards for Criminal

Justice Providing Defense Services;

3. Ensure that defense counsel are compensated at rates no less than comparable prosecutors and that other defense team members are

compensated at rates no less than comparable professionals in the

private sector; using as a guide the requirements enumerated in

Standard 5-2.4 of the ABA Standards for Criminal Justice Providing

Defense Services;

4. Ensure that defense counsel have adequate resources and training to fulfill their obligation to conduct thorough and independent

investigation into their clients’ guilt or innocence in every case,

including heightened scrutiny into cases that rely on eye-witness

identification, witnesses who receive any benefit in return for their

testimony, and confessions by youthful or mentally limited

defendants;

5. Require defense counsel to investigate circumstances indicating innocence regardless of the client’s admissions or statements of facts

constituting guilt or the client’s stated desire to plead guilty or dispose

of the case without trial.

6. Require that defense counsel cooperate fully with successor counsel, including the preservation and transfer of all pertinent records and

information.

7. Require defense counsel in all cases, whether or not serious criminal cases, to meet the requirements enumerated in the ABA Standards for

Criminal Justice Providing Defense Services.

2005 MY 301 Federal sentencing

guidelines

RESOLVED, That, in light of the United States Supreme Court’s decisions in

United States v. Booker, 2005 WL 50108 (January 12, 2005), the American

Bar Association urges the United States Congress to take the following steps

to assure that federal sentencing practices are effective, fair and just and

effectuate the goals of sentencing set forth in the Sentencing Reform Act:

1. Permit federal courts to use advisory guidelines while Congress carefully examines sentencing practices under such guidelines;

2. Forthwith direct the United States Sentencing Commission to assemble and analyze all available data regarding sentences imposed

under Booker, including the information required by 18 U.S.C. §

3553(c) regarding sentences outside the guidelines, and submit a

Report with recommendations to the Congress within 12 months; and

3. While awaiting the Report from the Sentencing Commission on the data, conduct hearings and solicit input from all constituents within

the federal criminal justice system regarding the wisdom and efficacy

of the post-Booker procedure and how it compares to any available

legislative options as well as state sentencing guidelines systems; and

FURTHER RESOLVED, That should Congress determine that use of

advisory guidelines results in unwarranted disparities, Congress should

consider, as a substitute for advisory guidelines, the following actions:

1. Simplify the guidelines either by adding a limited number of critical culpability factors as elements of each offense to be determined by the

jury, or by directing the Commission to identify sentencing factors to

be determined by the jury;

2. Revise the 25% rule to allow expanded sentencing ranges derived from the jury verdicts;

3. Permit downward departures from these ranges under the same standards applicable to the existing guidelines; and

4. Leave to the Judicial Conference of the United States and the Rules Enabling Act process the task of identifying and proposing any

necessary procedural revisions such as bifurcation of proceedings,

rules of discovery regarding sentencing factors, and additional jury

instructions.

2005 MY 106 Genocide in Darfur RESOLVED, That the American Bar Association calls upon the United States

Government to take all necessary and proper actions within its power to end

the ongoing atrocities (including genocide, crimes against humanity, and war

crimes) in Darfur, Sudan; to provide international humanitarian assistance to

the refugees in eastern Chad; and to take steps to secure the referral of the

situation in Darfur to the International Criminal Court for investigation and

prosecution of the individuals responsible for such crimes.

2005 AY 111 Attorney client privilege

and work product

RESOLVED, That the American Bar Association strongly supports the

preservation of the attorney-client privilege and work product doctrine as

essential to maintaining the confidential relationship between client and

attorney required to encourage clients to discuss their legal matters fully and

candidly with their counsel so as to (1) promote compliance with law through

effective counseling, (2) ensure effective advocacy for the client, (3) ensure

access to justice and (40 promote the proper and efficient functioning of the

American adversary system of justice;

FURTHER RESOLVED, That the American Bar Association opposes

policies, practices and procedures of governmental bodies that have the effect

of eroding the attorney-client privilege and work-product doctrine and favors

policies, practices and procedures that recognize the value of those

protections; and

FURTHER RESOLVED, That the American Bar Association opposes the

routine practice by government officials of seeking to obtain a waiver of the

attorney-client privilege or work-product doctrine through the grant or denial

of any benefit or advantage.

2005 AY 114 Enforcement of protection

orders

RESOLVED, That the American Bar Association urges federal, state,

territorial, local, and tribal governments to reduce domestic violence by

enforcing orders of protection as required under federal, state, local, and

territorial law including:

1. Ensuring enforcement of laws providing for arrest for violation of protective orders (civil or criminal);

2. Ensuring that law enforcement officers respond to domestic violence calls asserting or alleging violations of protective orders, conduct

complete investigations, and prepare written reports;

3. Supporting the development of law enforcement policies, and procedures that will ensure enforcement of protection order laws and

provide greater protection to victims of domestic violence and their

children; and

4. Supporting the adoption of procedures and mechanisms to identify, guard against, and prevent failures to enforce the terms of civil and

criminal protective orders.

2005 AY 102 Integrity of the election and

ballot process

RESOLVED, That the American Bar Association adopts Election

Administration Guidelines and Commentary, dated August 2005, to supplant

Ballot Integrity Standards Applying to Election Officials, dated August 1989,

and Election Administration Guidelines, dated August 2001, and recommends

that all election officials ensure the integrity of the election process through

the adoption, use, and enforcement of these Guidelines.

FURTHER RESOLVED, That the American Bar Association urges that

federal, state, local and territorial governments provide state and local

election authorities with adequate funding in order to ensure the integrity and

efficiency of the electoral process.

2005 AY 107 Effective assistance of

counsel, indigent defendants

RESOLVED, That the American Bar Association urges that the following

steps be taken to fulfill the constitutional guarantee of effective assistance of

counsel under the Sixth Amendment as proscribed in decisions of the United

States Supreme Court:

1. State, territorial, and local governments should provide increased funding for the delivery of indigent defense services in criminal an

juvenile delinquency proceedings at a level that ensures the provision

of uniform, quality legal representation. The funding for indigent

defense should be in parity with funding for the prosecution function,

assuming that prosecutors are funded and supported adequately in all

respects;

2. State, territorial, and local governments should establish oversight organizations that ensure the delivery of independent, uniform, quality

indigent defense representation in all criminal and juvenile

delinquency proceedings; and

3. The federal government should provide substantial financial support to the states and territories for the provision of indigent defense

services in state criminal and juvenile delinquency proceedings;

4. Attorneys and defense programs should discontinue indigent defense representation, and/or decline to accept new cases for representation,

when, in the exercise of their best professional judgment, workloads

are so excessive that representation will interfere with the rendering of

quality legal representation or lead to the breach of constitutional or

professional obligations;

5. Judges should, consistent with state and territorial rules and canons of professional and judicial ethics:

a. Fully respect the independence of defense lawyers who represent the indigent;

b. Take appropriate action with regard to defense lawyers who violate ethical duties to their clients;

c. Take appropriate action with regard to prosecutors who seek to obtain waivers of counsel and guilty pleas from unrepresented

accused persons, or who otherwise give legal advice to such

persons, other than the advice to secure counsel;

d. Never attempt to encourage persons to waive their right to counsel, and accept no such waives unless they are knowing,

voluntary, intelligent and on the record;

6. State, territorial, and local bar associations should be actively involved in evaluating and monitoring criminal and juvenile delinquency

proceedings to ensure that defense counsel is provided in all cases to

which the right to counsel attaches and that independent and quality

representation is furnished;

7. Community organizations and individual citizens would become involved in efforts to reform indigent defense systems.

2005 AY 115A Erroneous convictions. RESOLVED, That the American Bar Association urges federal, state, and

territorial governments to identify and attempt to eliminate the causes of

erroneous convictions.

FURTHER RESOLVED, That the American Bar Association urges state and

local bar associations to assist in the efforts to identify and attempt to

eliminate the causes of erroneous convictions.

2005 AY 115B Prison and jail telephone

communication

RESOLVED, That the American Bar Association encourages federal, state,

territorial and local governments, consistent with sound correctional

management, law enforcement and national security principles, to afford

prison and jail inmates reasonable opportunity to maintain telephonic

communication with the free community, and to offer telephone services in

the correctional setting with an appropriate range of options at the lowest

possible rates.

2005 AY 108 Voting Rights Act RESOLVED, That the American Bar Association supports the reauthorization

of the Voting Rights Act of 1965 as amended through 1992.

2005 AY 110 United Nations Convention

Against Corruption

RESOLVED, That the American Bar Association supports the prompt

ratification by the United States, and by other members of the United Nations,

of the United Nations Convention Against Corruption (UN Convention).

FURTHER RESOLVED, That the American Bar Association urges that:

1. Such ratification be subject to minimal reservations, understandings, and declarations by the United States but should include in the

Senate’s resolution of advice and consent a declaration that (i) the

Convention, except for Articles 44 (Extradition) and 46 (Mutual Legal

Assistance) is non-self-executing, (ii) that no new legislation is

necessary to implement the Convention, including Article 35 (Private

Rights of Action), given that U.S. courts currently recognize private

remedies in certain circumstances for corruption-related actions, and

that (iii) in ratifying the Convention, the United States does not intend

to broaden or enhance current U.S. law; and

2. To the extent implementation is required in other countries, the United States should urge other countries to implement the UN Convention in

ways consistent with recognized concepts of due process and

fundamental rights, including the presumption of innocence.

FURTHER RESOLVED, That the American Bar Association supports the

development of a mechanism to monitor the implementation and enforcement

of the UN Convention, taking into account the monitoring efforts of other

organizations such as the Organization for Economic Cooperation and

Development, and taking such steps as may be necessary or appropriate to

promote efficiency in monitoring and avoid duplication of effort, while

promoting the participation of civil society in the monitoring process.

2005 AY 104b Federal shield law RESOLVED, That the American Bar Association urges the Congress to enact

a federal shield law for journalists to protect the public’s need for information

and to promote the fair administration of justice, incorporating the following

principles:

1. That journalists play an important role in providing information of significance to the public that aids in ensuring an informed

democracy;

2. That prior to requiring information from journalists, a party should demonstrate that the information sought is essential to a critical issue

in the matter, that all reasonable alternative sources for the

information have been exhausted, and that the need for the

information clearly outweighs the public interest in protecting the free

flow of information;

3. That a federal shield law should apply to journalists who disseminate information by print, photographic, broadcast, cable, satellite,

electronic, mechanical, or other media, through a newspaper, book,

magazine, periodical, radio, or television station, programing service,

channel, network, news agency or wire service or similar services.

2005 AY 10A Judicial independence RESOLVED, That the American Bar Association deplores attacks on the

independence of the judiciary that demean the judiciary as a separate and co-

equal branch of government.

FURTHER RESOLVED, That the American Bar Association affirms its

belief that a fair, impartial and independent judiciary is fundamental to a free

society and calls on all Americans, including elected officials, to support and

defend our judiciary and its role in maintaining the fundamental liberties

under the Constitution of the United States.

FURTHER RESOLVED, That the American Bar Association will accelerate

its effort to provide public education on the system of justice and assist

organized bars in responding to unjustified criticisms and inaccuracies

regarding the judicial system.

2006 MY 302 Domestic surveillance,

terrorism.

RESOLVED, That the American Bar Association calls upon the President to

abide by the limitations which the Constitution imposes on a president under

our system of checks and balances and respect the essential roles of the

Congress and the judicial branch in ensuring that our national security is

protected in a manner consistent with constitutional guarantees;

FURTHER RESOLVED, That the American Bar Association opposes any

future electronic surveillance inside the United States by any U.S.

government agency for foreign intelligence purposes that does not comply

with the provisions of the Foreign Intelligence Surveillance Act, 50 U.S.C. §§

1801 et seq. (FISA), and urges the President, if he believes that FISA is

inadequate to safeguard national security, to seek appropriate amendments or

new legislations rather than acting without explicit statutory authorization;

FURTHER RESOLVED, That the American Bar Association urges the

Congress to affirm that the Authorization for Use of Military Force of

September 18, 2001, Pub. L. No. 107-40, 115 Stat. 224 §2(a)(2001) (AUMF),

did not provide a statutory exception to the FISA requirements, and that any

such exception can be authorized only through affirmative and explicit

congressional action;

FURTHER RESOLVED, That the American Bar Association urges the

Congress to conduct a thorough, comprehensive investigation to determine:

(a) the nature and extent of electronic surveillance of U.S. persons conducted

by any U.S. government agency for foreign intelligence purposes that does

not comply with FISA; (b) what basis or bases were advanced (at the time it

was initiated and subsequently) for the legality of such surveillance; (c)

whether the Congress was properly informed of and consulted as to the

surveillance; (d) the nature of the information obtained as a result of the

surveillance and whether it was retained or shared with other agencies; and

(e) whether this information was used in legal proceedings against any U.S.

citizen.

FURTHER RESOLVED, That the American Bar Association urges the

Congress to ensure that such proceedings are open to the public and

conducted in a fashion that will provide a clear and credible account to the

people of the United States, except to the extent the Congress determines that

any portions of such proceedings must be closed to prevent the disclosure of

classified or other protected information; and

FURTHER RESOLVED, That the American Bar Association urges the

Congress to thoroughly review and make recommendations concerning the

intelligence oversight process, and urges the President to ensure that the

House and Senate are fully and currently informed of all intelligence

operations as required by the National Security Act of 1947.

2006 MY 107A Due process right to counsel

in immigration related

matters

RESOLVED, That the American Bar Association supports the due process

right to counsel for all persons in removal proceedings, and the availability of

legal representation to all non-citizens in immigration-related matters.

FURTHER RESOLVED, That the American Bar Association supports:

(a) Expansion of the federal “legal orientation program” to all detained and non-detained persons in removal proceedings;

(b) Establishment of a system to screen and to refer indigent persons with potential relief from removal – as identified in the expanded “legal

orientation program” – to pro bono attorneys, Legal Services

Corporation sub-grantees, charitable legal immigration programs, and

government-funded counsel;

(c) Establishment of a system to provide legal representation, including appointed counsel and guardians ad litem, to mentally ill and disabled

persons in all immigration processes and procedures, whether or not

potential relief may be available to them; and

(d) Legislation to overturn the “no cost to the government” restriction on representation in removal proceedings.

2006 MY 107B Immigration reform RESOLVED, That the American Bar Association supports a regulated,

orderly and safe system of immigration to the United States that promotes

national security, and the creation of sufficient legal channels for the

admission of needed workers and their immediate families.

FURTHER RESOLVED, That the American Bar Association supports a

comprehensive approach to immigration reform that fairly and realistically

addresses the U.S. undocumented population, the need for immigrant labor,

the value of timely family reunification, and the need for an effective and

credible immigration enforcement strategy, to include:

a. A temporary worker program for undocumented laborers and for necessary future workers that includes: (1) a path to lawful permanent

residence and U.S. citizenship; (2) labor protections and job

portability; (3) a good moral character requirement and stringent

identity and security checks; (4) protections to assure that U.S.

workers are not displaced or otherwise disadvantaged;

b. A path to lawful permanent residence and U.S. citizenship for undocumented persons who entered the United States as minors and

have developed significant equitable ties to the United States, subject

to a good moral character requirement and security screening;

c. An immigration enforcement plan that: (1) respects domestic and international legal norms; (2) includes mechanisms to evaluate the

effectiveness of enforcement strategies; (3) allows verification of

employment eligibility in a simple, secure and effective way; and (4)

is cost-effective and adequately resourced; and

d. Expanded and coordinated government programs to teach immigrants English, prepare them for citizenship, acculturate them in core U.S.

civic values, and otherwise promote their integration into their

adopted nation.

2006 MY 107C Due process and judicial

review in immigration

related matters

RESOLVED, That the American Bar Association urges an administrative

agency structure that will provide all non-citizens with due process of law in

the processing of their immigration applications and petitions, and in the

conduct of their hearings or appeals, by all officials with responsibility for

implementing U.S. immigration laws. Such due process in removal

proceedings should include proceedings like those governed by the

Administrative Procedures Act, in person and on the record, with notice and

opportunity to be heard, and a decision that includes findings of facts and

conclusions of law; availability of full, fair, and meaningful review in the

federal courts where deportation or removal from the United States is at stake;

and the restoration of discretion to immigration judges when deciding on the

availability of certain forms of relief from removal.

FURTHER RESOLVED, That the American Bar Association supports the

neutrality and independence of immigration judges, both at the trial and

appellate levels, and of any federal agency by which they are employed, so

that such judges and agencies are not subject to the control of any executive

branch cabinet officer.

FURTHER RESOLVED, That the American Bar Association opposes

retroactivity provisions in immigration laws that impose burdens or reduce

benefits available to persons while depriving them of the ability to take such

laws into account in making their decisions or shaping their conduct.

2006 MY 107D Administration of

immigration laws

RESOLVED, That the American Bar Association supports:

a. A system for administering our immigration laws that is transparent, user-friendly, accessible, fair and efficient, and that has sufficient

resources to carry out its functions in a timely manner;

b. The development of efficient interagency procedures to ensure that those involved in immigration matters have a clearly identified means

for addressing and resolving issues that require action by more than

one of the federal agencies that have jurisdiction;

c. Vigilant enforcement against the unauthorized practice of law and ineffective assistance of counsel in immigration matters, and the

development of mechanisms to ensure that substantive and procedural

rights are not prejudiced for applicants for immigration relief or

benefits who have been victimized by the unauthorized practice of law

or ineffective assistance of counsel;

d. Free availability of user-friendly legal resources for participants in immigration matters, and the development of self-help assistance

centers in all facilities where immigration matters are processed or

adjudicated;

e. The adoption of reasonable discovery procedures for immigration proceedings that are consistent with best practices in other

administrative agencies; and

f. The development of a standardized, efficient process for the timely handling of Freedom of Information Act requests for immigration

matters that ensures compliance with statutory deadlines.

2006 MY 107E Detention in immigration

removal proceedings

RESOLVED, That the American Bar Association opposes the detention of

non-citizens in removal proceedings except in extraordinary circumstances.

Such circumstances may include a specific determination that the individual

(1) presents a threat to national security, (2) presents a threat to public safety,

(3) presents a threat to another person or persons, or (4) presents a substantial

flight risk. The decision to detain a non-citizen should be made only in a

hearing that is subject to judicial review.

FURTHER RESOLVED, That the American Bar Association supports:

a. The use of humane alternatives to detention that are the least restrictive necessary to ensure that non-citizens appear in immigration

proceedings, including such alternatives as supervised pre-hearing

release and bond based on the individual’s economic means and risk

of flight; and

b. The provision of a prompt hearing before an immigration judge for any alien in removal proceedings who is denied release with or

without bond, including meaningful administrative review and judicial

oversight.

FURTHER RESOLVED, That the American Bar Association supports, for

those non-citizens detained under a final order of removal or who are detained

during deportation proceedings for ninety days or more:

a. The establishment of mechanisms to ensure that immigration authorities have complete, accurate, and readily available information

to inform the administrative review and judicial oversight of the

individual’s detention; and

b. Mechanisms to ensure full compliance with the decisions of the Supreme Court in Zadvydas v. Davis and Clark v. Martinez.

2006 MY 107F Access to legal protection

for refugees, asylum seekers

and torture victims

RESOLVED, That the American Bar Association supports the establishment

of laws, policies, and practices that ensure optimum access to legal protection

for refugees, asylum seekers, torture victims, and others deserving of

humanitarian refuge. Such measures should include:

a. The elimination of unduly restrictive or inflexible limitations such as the one-year deadline for asylum seekers to initiate claims;

b. The establishment of policies and practices that ensure prompt identification of asylum seekers at the border, or in expedited removal

proceedings, and that enable asylum officers to grant asylum

administratively after the “credible fear” interview;

c. The creation of fair and consistently applied screening procedures for those intercepted or interdicted, in order to quickly identify refugees,

asylum seekers, torture victims, and others deserving of humanitarian

refuge; and

d. The development of a refugee visa as well as improved visa and pre- clearance policies for refugees who cannot travel to the United States

because of existing immigration policies.

2006 MY 107G Crime victims in

immigration related matters

RESOLVED, That the American Bar Association supports avenues for lawful

immigration status, employment authorization, and public benefits, for

victims and derivative family members, of human trafficking and crimes

described in section 101(a)(15)(U)(iii) of the Immigration and Nationality

Act, which occur in the United States or its territories.

FURTHER RESOLVED, That the American Bar Association supports:

a. Allowing a spouse, intended spouse, as defined in section 101(a)(50) of the Immigration and Nationality Act, child, or parent of a United

States citizen or lawful permanent resident who is abused by such

United States citizen or lawful permanent resident, to self-petition for

lawful immigration status without the knowledge or participation of

the abuser;

b. Allowing child victims of abusive United States citizen or lawful permanent resident parents, and derivative children of abused self-

petitioners, to remain eligible for immigration benefits after turning

twenty-one; and

c. The use of Legal Services Corporation funding for services for victims of human trafficking, domestic violence, and crimes described in

section 101(a)(150(U)(iii) of the Immigration and Nationality Act that

occur in the United States or its territories, regardless of the victim’s

immigration status.

FURTHER RESOLVED, That the American Bar Association opposes:

a. The apprehension of victims of human trafficking, domestic violence, or crimes described in section 101(a)(15)(U)(iii) of the Immigration

and Nationality Act that occur in the United States or its territories, for

immigration violations, at shelters, crisis centers, or courts where

victims are seeking protection orders; and

b. The placement of victims of human trafficking, domestic violence, and crimes described in section 101(a)(15)(U)(iii) of the Immigration

and Nationality Act that occur in the United States or its territories, in

removal proceedings and immigration detention, who may be eligible

for immigration relief and who do not pose a danger to others or to

national security.

2006 MY 112 Freedom of Information Act

(FOIA), classified

information

RESOLVED, That the American Bar Association urges the Attorney General

of the United States to 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 a basis for withholding

agency documents from release. The memorandum should also establish a

standard policy for: 1) designating information as “sensitive but unclassified”;

2) the internal handling of such information; 3) taking into account the

sensitive nature of such information; and 4) ensuring the release of such

information unless exempt under FOIA.

2006 MY 300 Immigration and the use of

pardons

RESOLVED, That the American Bar Association urges Congress to restore

authority to state and federal sentencing courts to waive a non-citizen’s

deportation or removal based upon conviction of a crime, by making a

“judicial recommendation against deportation” upon a finding at sentencing

that removal is unwarranted in the particular case; or, alternatively, to give

such waiver authority to an administrative court or agency.

FURTHER RESOLVED, That the American Bar Association urges federal

immigration authorities to avoid interpretations of the immigration laws that

extend the reach of the “aggravated felony” mandatory deportation ground to:

(1) Low-level state offenses that either are misdemeanors under state law or would be misdemeanors under federal law; and

(2) State dispositions that are not considered convictions under state law.

FURTHER RESOLVED, That the American Bar Association urges states,

territories, and the federal government to expand the use of the pardon power

to provide relief to non-citizens otherwise subject to deportation or removal

on grounds related to conviction, where the circumstances of the particular

case warrant it; and to

1) Establish standards governing applications for pardon to avert removal;

2) Ensure that pardons granted for the purpose of averting removal satisfy the standard in the federal immigration laws that such pardons

must be “full and unconditional”;

3) Specify the procedures that an individual must follow in order to apply for a pardon to avert removal, and ensure that these procedures

are reasonably accessible to all persons; and

4) Ensure that applications for pardon to avert removal are processed expeditiously so that non-citizens will not be removed on grounds

related to conviction without some prior opportunity for a waiver of

that sanction.

2006 MY 109 Federal consent decree RESOLVED, That the American Bar Association supports the use of consent

decrees as an important tool for resolving litigation, and opposes legislation

that constrains the efficacy of consent decrees when state, local or territorial

governments are parties thereto, such as proposed S. 489 and H.R. 1229

(109th Congress), consistent with the following principles:

1. The duration and all other terms of a consent decree should be determined by the language of the decree itself as interpreted by courts

of competent jurisdiction, or as otherwise modified by such courts for

good cause shown, not through legislation;

2. Consent decrees that do not state a specific duration should remain in effect until terminated or modified by a court of competent

jurisdiction for good cause shown; and

3. The burden of proof with respect to a motion to modify or terminate a consent decree should remain on the party seeking modification or

termination, not on the party that obtained the original consent decree.

2006 AY 302A Preservation of the attorney-

client privilege and work

product doctrine in

connection with audits

RESOLVED, That the American Bar Association supports the preservation of

the attorney-client privilege and work product doctrine in connection with

audits of company financial statements.

FURTHER RESOLVED, That the American Bar Association urges the

Securities and Exchange Commission, the Public Company Accounting

Oversight Board, the American Institute of Certified Public Accountants, the

legal and accounting professions, and other relevant organizations to adopt

standards, policies, practices and procedures and take other appropriate steps

to ensure that attorney-client privilege and work product protections are

preserved through the audit process.

2006 AY 302B Preservation of employee

rights during government

investigations

RESOLVED, That the American Bar Association opposes government

policies, practices and procedures that have the effect of eroding the

constitutional and other legal rights of current or former employees, officers,

directors or agents (“Employees”) by requiring, encouraging, or permitting

prosecutors or other enforcement authorities to take into consideration any of

the following factors in making a determination of whether an organization

has been cooperative in the context of a government investigation:

1. That the organization provided counsel to, or advanced, reimbursed or indemnified the legal fees and expenses of, an Employee;

2. That the organization entered into or continues to operate under a joint defense, information sharing and common interest agreement with an

Employee with whom the organization believes it has a common

interest in defending against the investigation;

3. That the organization shared its records or other historical information relating to the matter under investigation with an Employee; or

4. That the organization chose to retain or otherwise declined to sanction an Employee who exercised his or her Fifth Amendment right against

self-incrimination in response to a government request for an

interview, testimony, or other information.

2006 AY 110 Domestic violence RESOLVED, That the American Bar Association urges federal, state,

territorial, local and tribal governments to enact or to amend domestic

violence civil protection order statutes to provide protection to victims who

are in a romantic or intimate relationship with the perpetrator of domestic

violence or have been in a romantic or intimate relationship with the

perpetrator, but do not necessarily have a child with, live with, or are married

to the perpetrator of the violence.

2006 AY 116 Equal justice for the

military

RESOLVED, That the American Bar Association urges Congress to amend

28 U.S.C. § 1259(3) and (4) to permit discretionary review by the Supreme

Court of the United States of decisions rendered by the United States Court of

Appeals for the Armed Forces that deny petitions for review of courts-martial

convictions or deny extraordinary relief.

2006 AY 304 Presidential signing

statements, separation of

powers

RESOLVED, That the American Bar Association opposes, as contrary to the

rule of law and our constitutional system of separation of powers, the misuse

of presidential signing statements by claiming the authority or stating the

intention to disregard or decline to enforce all or part of a law the President

has signed, or to interpret such a law in a manner inconsistent with the clear

intent of Congress;

FURTHER RESOLVED, That the American Bar Association urges the

President, if he/she believes that any provision of a bill pending before

Congress would be unconstitutional if enacted, to communicate such concerns

to Congress prior to passage;

FURTHER RESOLVED, That the American Bar Association urges the

President to confine any signing statements to his/her views regarding the

meaning, purpose, and significance of bills presented by Congress, and if

he/she believes that all or part of a bill is unconstitutional, to veto the bill in

accordance with Article I, § 7 of the Constitution of the United States, which

directs him/her to approve or disapprove each bill in its entirety;

FURTHER RESOLVED, That the American Bar Association urges Congress

to enact legislation requiring the President promptly to submit to Congress an

official copy of all signing statements he/she issues, and in any instance in

which he/she claims the authority, or states the intention, to disregard or

decline to enforce all or part of a law he/she has signed, or to interpret such a

law in a manner inconsistent with the clear intent of Congress, to submit to

Congress a report setting forth in full the reasons and legal basis for the

statement; and further requiring that all such submissions be available in a

publicly accessible database; and

FURTHER RESOLVED, That the American Bar Association urges Congress

to enact legislation enabling the President, Congress, or other entities or

individuals, to seek judicial review, to the extent constitutionally permissible,

in any instance in which the President claims the authority, or states the

intention, to disregard or decline to enforce all or part of a law he/she has

signed, or interprets such a law in a manner inconsistent with the clear intent

of Congress, and urges Congress and the President to support a judicial

resolution of the President’s claim or interpretation.

2006 AY 307 Requirements for pleading

an illegal conspiracy

RESOLVED, That the American Bar Association urges that Fed. R. Civ. P.

12(b)(6) be interpreted to require that a complaint alleging a conspiracy in

violation of Section 1 of the Sherman Act must allege facts constituting more

than mere parallel conduct and ordinary business behavior.

2006 AY 112A Death penalty mental

capacity

RESOLVED, That the American Bar Association, without taking a position

supporting or opposing the death penalty, urges each jurisdiction that imposes

capital punishment to implement the following policies and procedures:

1. Defendants should not be executed or sentenced to death if, at the time of the offense, they had significant limitations in both their intellectual

functioning and adaptive behavior, as expressed in conceptual, social,

and practical adaptive skills, resulting from mental retardation,

dementia, or a traumatic brain injury.

2. Defendants should not be executed or sentenced to death if, at the time of the offense, they had a severe mental disorder or disability that

significantly impaired their capacity (a) to appreciate the nature,

consequences or wrongfulness of their conduct, (b) to exercise rational

judgment in relation to conduct, or (c) to conform their conduct to the

requirements of the law. A disorder manifested primarily by repeated

criminal conduct or attributable solely to the acute effects of voluntary

use of alcohol or other drugs does not, standing alone, constitute a

mental disorder or disability for purposes of this provision.

3. Mental Disorder or Disability after Sentencing 4. (a) Grounds for Precluding Execution. A sentence of death should not

be carried out if the prisoner has a mental disorder or disability that

significantly impairs his or her capacity (i) to make a rational decision

to forego or terminate post-conviction proceedings available to

challenge the validity of the conviction or sentence; (ii) to understand

or communicate pertinent information, or otherwise assist counsel, in

relation to specific claims bearing on the validity of the conviction or

sentence that cannot be fairly resolved without the prisoner’s

participation; or (iii) to understand the nature and purpose of the

punishment, or to appreciate the reason for its imposition in the

prisoner’s own case. Procedures to be followed in each of these

categories of cases are specified in (b) through (d) below.

(b) Procedure in Cases Involving Prisoners Seeking to Forego or

Terminate Post-Conviction Proceedings. If a court finds that a

prisoner under sentence of death who wishes to forego or terminate

post-conviction proceedings has a mental disorder or disability that

significantly impairs his or her capacity to make a rational decision,

the court should permit a next friend acting on the prisoner’s behalf to

initiate or pursue available remedies to set aside the conviction or

death sentence.

(c) Procedure in Cases involving Prisoners Unable to Assist Counsel

in Post-Conviction Proceedings. If a court finds at any time that a

prisoner under sentence of death has a mental disorder or disability

that significantly impairs his or her capacity to understand or

communicate pertinent information, or otherwise to assist counsel, in

connection with post-conviction proceedings, and that the prisoner’s

participation is necessary for a fair resolution of specific claims

bearing on the validity of the conviction or death sentence, the court

should suspend the proceedings. If the court finds that there is no

significant likelihood of restoring the prisoner’s capacity to participate

in post-conviction proceedings in the foreseeable future, it should

reduce the prisoner’s sentence to the sentence imposed in capital cases

when execution is not an option.

(d) Procedure in Cases Involving Prisoners Unable to Understand the

Punishment or its Purpose. If, after challenges to the validity of the

conviction and death sentence have been exhausted and execution has

been scheduled, a court finds that a prisoner has a mental disorder or

disability that significantly impairs his or her capacity to understand

the nature and purpose of the punishment, or appreciate the reason for

its imposition in the prisoner’s own case, the sentence of death should

be reduced to the sentence imposed in capital cases when execution is

not an option.

2006 AY 112B Anti-discrimination for

gender identity

RESOLVED, That the American Bar Association urges federal, state, local,

and territorial governments to enact legislation prohibiting discrimination on

the basis of actual or perceived gender identity or expression, in employment,

housing and public accommodations.

2006 AY 123B Multinational cooperation

on international migration

RESOLVED, That the American Bar Association supports multinational

cooperation and consultation in the formulation of national laws and policies

relating to migration.

FURTHER RESOLVED, That the American Bar Association urges the

United States Government to enter into regional and international discussions

and agreements governing the flow of workers.

2006 AY 120B Support for the Darfur

Peace Accord, international

criminal court

RESOLVED, That the American Bar Association urges the United States

Government to support the Darfur peace accord signed on May 5, 2006; and

to support the work of the International Criminal Court in investigating and

prosecuting the individuals responsible for crimes in Darfur, Sudan, the

humanitarian work of the United Nations in Darfur, Sudan, the peacekeeping

efforts of the African Union, and any eventual peacekeeping efforts of the

United Nations in Darfur, Sudan.

FURTHER RESOLVED, That the American Bar Association urges the

United States Congress to enact and the President of the United States to sign

into law legislation which would:

(1) Block assets and restrict visas of any individual the President of the United States determines is complicit in, or responsible for, acts of

genocide, war crimes, or crimes against humanity in Darfur, including

the family members or any associates of such individual to whom

assets or property of such individual was transferred on or after July 1,

2002;

(2) Authorize the President of the United States to provide assistance to support the African Union Mission to Sudan;

(3) Encourage the Secretary of State to designate the Janjaweed militia as a foreign terrorist organization under Section 219 of the Immigration

and Nationality Act; and

(4) Encourage the President of the United States to appoint a Presidential Envoy for Sudan to steward efforts to implement the Comprehensive

Peace Agreement for Sudan, bring stability and peace to the Darfur

region, address instability elsewhere in Sudan and northern Uganda,

and pursue a truly comprehensive peace throughout the region.

FURTHER RESOLVED, That the American Bar Association urges the

President of the United States to take action to implement such legislation

immediately upon its enactment into law.

2006 AY 120D Inadvertent disclosure of

materials protected by

attorney-client privilege

RESOLVED, That the American Bar Association recommends that consistent

rules be established throughout the federal, state, and territorial courts to

address how the courts and counsel should resolve issues involving claims of

inadvertent disclosure of materials protected by the attorney-client privilege r

attorney work product doctrine (collectively “privilege”).

FURTHER RESOLVED, That the American Bar Association recommends

that relevant Federal Rules of Evidence and/or Federal Rules of Civil

Procedure, and state rules be adopted or amended to provide as follows:

1) A producing party should be required to raise the privileged status of inadvertently disclosed materials within a specified period of days of

actually discovering the inadvertent disclosure by giving notice to the

other parties and amending its discovery responses to identify the

materials and the privileges. The period should commence when the

party actually discovers the disclosure has been made, not from when

the material was produced.

2) A party receiving notice that any inadvertently disclosed materials have been produced to it should be required to promptly return,

sequester, or destroy the specified materials and any copies and may

not use or disclose the materials under the issue is resolved.

3) Specific grounds for testing the inadvertent disclosure should be set forth and should include the following generic provisions:

a) The receiving party should be allowed to challenge the disclosing party’s claim that the material is privileged.

b) The receiving party should be allowed to challenge the timeliness of the producing party’s notice recalling the material on a claim of

privilege.

c) The receiving party should be allowed to assert that the circumstances surrounding the production or disclosure warrant a

finding that the disclosing party has waived any claim of privilege.

4) In deciding whether privilege has been waived, the court should apply the generally accepted multi-factor analysis followed by the majority

of federal courts and many state courts that assesses (a) the

reasonableness of the precautions taken to prevent inadvertent

disclosure; (b) the scope of discovery; (c) the extent of the disclosure;

and (d) whether the interests of justice would be served by relieving

the party of its error.

2007 MY 103A Criminal sanctions and

community supervision

programs

RESOLVED, That the American Bar Association urges federal, state,

territorial and local governments to develop, implement, and fund programs

that prosecutors and other criminal justice professionals can utilize to enable

an offender to be placed under community supervision in appropriate cases.

While the qualifications for entry into the programs will vary among

jurisdictions, generally the programs should be available when the offender:

i) Poses no substantial threat to the community; ii) Is not charged with a predatory crime, a crime involving

substantial violence, a crime involving large scale drug trafficking,

or a crime of equivalent gravity;

iii) Has no prior criminal history that makes community supervision an inappropriate sanction; and

iv) Is not currently on parole or probation, unless the supervising authority specifically consents.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to develop, and to support and fund

prosecutors and others seeking to develop, deferred adjudication/deferred

sentencing/diversion options that avoid a permanent conviction record for

offenders who are deemed appropriate for community supervision pursuant to

the criteria set forth above.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to develop, support and fund

prosecutors and other criminal justice professionals seeking to develop

programs to train law enforcement officers to recognize the signs and

symptoms of mental illness in order to facilitate the appropriate resolution by

the police in those situations.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to encourage prosecutors and

defenders, in close cooperation with the courts, to create working groups that

include other stakeholders in the justice system to develop, review, monitor,

and improve deferred adjudication/deferred sentencing/diversion options.

2007 MY 103B Graduated criminal

sanctions

RESOLVED, That the American Bar Association urges federal, state,

territorial and local governments to develop and implement meaningful

graduated sanctions for violations of parole or probation as alternatives to

incarceration. Incarceration may be appropriate when:

i) An offender commits a new crime or engages in repeated violation;

ii) Lesser sanctions, including appropriate treatment options, have not been effective; or

iii) The offender poses a danger to the community.

In those cases where an individual is sent to jail or prison as a sanction for a

violation of probation or parole, the period of incarceration should be that

reasonably necessary to modify the individual’s behavior and deter future

violations.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to distinguish between

probation/parole violators who would benefit from community supervision

and those who would not, and to deploy community supervision resources

accordingly.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to provide adequate resources and

funding to ensure that the quality and intensity of supervision for offenders is

significantly increased. Manageable case-loads for probation and parole

officers ensure that sanctions imposed in lieu of incarceration are meaningful;

reduce the likelihood of recidivism; and increase the chances for successful

rehabilitation.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments, to create standards for the

performance of probation or parole officers that will consider, in addition to

other appropriate factors, the number of individuals under an officer’s

supervision who successfully complete supervision, as well as those whose

probation or parole is appropriately revoked, taking into account the nature of

the officer’s caseload.

2007 MY 103C Employment of ex-

offenders

RESOLVED, That the American Bar Association urges federal, state,

territorial and local governments to develop policy on the employment of

persons with a criminal record by government agencies, and the contractors

and vendors who do business with those agencies. Professional and

occupational licensing authorities should develop similar policy for the

issuance of licenses. Except in cases where there is an absolute statutory

prohibition on employment or licensure of persons because of a criminal

conviction, as permitted by Standards 19-202 of the ABA Standards for

Criminal Justice on Collateral Sanctions and Discretionary Disqualification of

Convicted Persons, and that prohibition has not been waived or modified, the

conduct underlying the conviction should be considered disqualifying only if

it substantially relates to the particular employment or license, or present a

present threat to public safety, consistent with Criminal Justice Standard 19-

3.1. Jurisdictions should develop criteria for determining when such a

substantial relationship exists.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local legislatures to compile an inventory of all collateral

sanctions relating to employment and licensure in the law codes for which

they are responsible; where an absolute statutory disqualification cannot be

justified, the legislature should either eliminate it, or modify it to authority the

employer or licensing authority to waive the disqualification on a case-by-

case basis. Jurisdictions should also inventory all statutes and regulations

specifically authorizing consideration of conviction as a basis for

discretionary disqualification from employment or licensure.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to require that each government

agency, and professional and occupational licensing authority, take the

following steps:

1) Conduct an inventory of employment and licensing restrictions and disqualifications based upon a criminal record for each occupation

under the agency’s jurisdiction;

2) Eliminate or modify, to the extent authorized, any such restrictions or disqualifications that are either (i) not substantially related to the

particular employment or (ii) not designed to protect the public safety;

3) Provide for a case-by-case exemption or waiver process to give persons with a criminal record an opportunity to make a showing of

their fitness for the employment or license at issue, and provide a

statement of reasons in writing if the opportunity is denied because of

the conviction; and

4) Provide for judicial or administrative review of a decision to deny employment or licensure based upon a person’s criminal record.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to authorize a court or administrative

agency to enter an order waiving, modifying, or granting relief from a

particular collateral sanction, in order to facilitate an offender’s reentry into

the community, in accordance with Standard 19-2.5(a). Such an order should

be available upon request at the time of sentencing or release from

imprisonment, or at any time thereafter, upon a finding that such relief would

be consistent with the rehabilitation of the offender and the safety of the

public, and in the public interest. Where a sentence has not been fully

discharged, relief may be temporary or conditional, and it may be enlarged or

modified by the court or administrative agency at any time upon a showing of

good cause. Such an order will not preclude employers or licensing boards

from considering the conduct underlying the conviction as a factor in

discretionary employment and licensing decisions, if that conduct is

substantially related to the particular employment or license sought.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to establish a process whereby a

convicted person may, upon completion of a sentence or at some reasonable

time thereafter, obtain a judicial or administrative order reliving the person of

all collateral sanctions imposed by the law of that jurisdiction, as provided by

Standard 19-2.5(c). Such an order should be predicated upon a finding that

the person has conducted himself in a law-abiding and productive manner

since the conviction, and should create a “presumption of fitness” that should

be taken into account in all discretionary decision-making by public

employers and licensing boards, even if the conduct underlying the conviction

is substantially related to the particular employment or license sought. Such

an order may be conditional upon good conduct where an offender is still

under supervision, and may leave in place a specific collateral sanction if

appropriate.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial, and local governments to work with private employer groups

to develop job opportunities for people with a criminal record, and incentives

for private employers to hire people with criminal records.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to work with employers and others

who have a legitimate need for access to criminal record information to

permit its more efficient use, so as to encourage the employment of persons

with criminal records where appropriate. In particular, they should:

1) To the extent constitutionally permissible, require all agencies and employers seeking access to a person’s criminal record to rely upon an

officially approved system of records;

2) Except in cases where there is a statutory requirement that an agency or employer conduct a criminal background check, require non-law

enforcement agencies and employers seeking access to an individual’s

criminal record to demonstrate that the public interest in receiving

such information clearly outweighs the individual’s interest in security

and privacy.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to make evidence of an individual’s

conviction inadmissible in any action alleging an employer’s negligence or

wrongful conduct based on hiring as long as the employer relied on a judicial

or administrative order granting relief from statutory or regulatory barriers to

employment or licensure based upon conviction.

2007 MY 103D Access and use of criminal

history records

RESOLVED, That the American Bar Association urges federal, state,

territorial and local governments to develop policies governing access to and

use of criminal records for non-law enforcement purposes that would balance

the public’s right to information against the government’s interest in

encouraging successful offender reentry and reintegration.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to develop systemic reporting systems

that will maximize reliability, integrity, authenticity and accuracy of criminal

records. Where records are to be made available for non-law enforcement

purposes, jurisdictions should implement procedures to present records to the

lay reader in a comprehensible form.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to develop and implement procedures

to permit an individual or the government to challenge the accuracy of

criminal history record information in an official system of criminal records.

Any record determined to be inaccurate or incomplete should be promptly

corrected, and all determinations should be reported to the individual and the

government in a timely fashion.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to establish standards and appropriate

controls to ensure accuracy and reliability of criminal records. Private

companies should be restricted to the extent legally possible from reporting

records that have been sealed or expunged. If such companies are permitted to

reveal a sealed or expunged record, they should be required at the same time

to report the fact that the record has been sealed or expunged and the legal

effect of such action.

2007 MY 103E Collateral consequences of

conviction and the duty to

advise

RESOLVED, That the American Bar Association urges federal, state,

territorial and local governments to assist defense counsel in advising clients

of the collateral consequences of criminal convictions during representation.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial, and local governments to encourage prosecutors to inform

themselves of the collateral consequences that may apply in particular cases.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to authorize and fund public defender

services, legal aid services, and/or other legal service providers, to provide

offenders with appropriate assistance in removing or neutralizing the

collateral consequences of a criminal record.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to require prison officials to ensure

that prisoners are informed prior to release about the process for removing or

neutralizing the collateral consequences of a criminal record, and to require

probation and parole officials similarly to advise persons under their

supervision about this process.

2007 MY 103F Training for judges,

prosecutors and parole

officers on the use of

discretion in the justice

system

RESOLVED, That the American Bar Association urges federal, state,

territorial and local governments, and licensing authorities to support

professional associations and organizations in order to develop programs to

train all criminal justice professionals – including judges, prosecutors,

defense counsel, probation and parole officers, and correctional officials – in

understanding, adopting and utilizing factors that promote the sound exercise

of their discretion.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments and licensing authorities to recognize

that such training should be credited towards continuing education program

requirements.

2007 MY 107 Employer rights to prohibit

gun possession at the

workplace

RESOLVED, That the American Bar Association supports the traditional

property rights of private employers and other private property owners to

exclude from the workplace and other private property, persons in possession

of firearms or other weapons and opposes federal, state, territorial and local

legislation that abrogates those rights.

2007 MY 106 Decriminalizing life

sustaining acts for homeless

RESOLVED, That the American Bar Association opposes the enactment of,

and supports the repeal of, laws and policies that:

1. Punish persons experiencing homelessness for carrying out otherwise non-criminal life-sustaining practices or acts in public spaces, such as

eating, sitting, sleeping, or camping, when no alternative private

spaces are available;

2. Are enforced against persons experiencing homelessness to a greater extent than others who engage in the same practice or act; or

3. Punish persons for providing food, shelter, or other critical assistance to people who are homeless.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local courts, prosecutors, defense counsel, and probation

and parole officers, in carrying out their respective functions, to consider the

problems faced by homeless individuals who may be forced to engage in

otherwise non-criminal life-sustaining practices in public spaces because no

alternative private spaces are available.

FURTHER RESOLVED, That the American Bar Association urges national,

state, territorial, and local bar associations to work in cooperation with courts,

lawmakers, law enforcement, advocates, service providers and people

experiencing homelessness to:

1. Revise laws and policies to recognize the problems faced by the homeless when the demand for shelter, housing and services exceeds

the supply; and

2. Support efforts to increase shelter, housing and services to adequately address the needs of homeless individuals.

2007 MY 114 Unlicensed “boot camp”

residential facilities for

youth

RESOLVED, That the American Bar Association urges state, territorial, and

tribal legislatures to enact laws that require the licensing, regulating, and

monitoring of residential treatment facilities that are not funded by public or

government systems, but are privately-operated overnight facilities that offer

treatment to at-risk children and youth under age 18 for emotional behavioral,

educational, substance abuse, and social issues and problems, including

strenuous athletic, mental health, and tough love programs. This legislation

should:

1. Require licensure of, or otherwise regulate, private residential treatment facilities by defining clearly which programs must comply

with the statute and impose minimum legal requirements to operate

and maintain them, including standards regarding staff qualifications

and residents’ physical and emotional safety, educational, mental

health, and other treatment needs.

2. Require government monitoring and enforcement of the operational standards outlined in the statute.

3. Promote the preferred use of appropriate in-home and community- based prevention and intervention programs for at-risk children and

youth by requiring enhanced governmental support that provides

families with better access to these programs.

FURTHER RESOLVED, That the American Bar Association urges the

Congress to enact legislation that would assure the safety of American

children and youth placed in U.S.-owned, but foreign-based unregulated

private residential treatment facilities by requiring U.S. federal agencies to

work with foreign governments to monitor such facilities regularly.

2007 MY 102A Sentence reduction, pardon

and restoration of rights for

domestic violence victims

RESOLVED, That the American Bar Association urges bar associations and

law schools to develop program that encourage and train lawyers to assist

victims of domestic violence with applying for pardon, restoration of legal

rights and privileges, relief from other collateral sanctions, and reduction of

sentence.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, local, territorial, and tribal governments to ensure that judicial,

administrative, legislative, and executive authorities consider and expand, as

appropriate, the use of measures such as clemency, parole, and reduction of

sentence in cases where incarcerated persons were subjected to domestic

violence that played a significant role in their offense but the effect of that

domestic violence was not fully litigated at trial or sentencing.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, local, territorial and tribal governments to establish re-entry services for

domestic violence victims released from incarceration.

2007 MY 102B Amendments to the Prison

Litigation Reform Act

RESOLVED, That the American Bar Association urges federal, state, local,

territorial and tribal governments to ensure that prisoners are afforded

meaningful access to the judicial process to vindicate their constitutional and

other rights and are subject to procedures applicable to the general public

when bringing lawsuits.

FURTHER RESOLVED, That the American Bar Association urges Congress

to repeal or amend specified provisions of the Prison Litigation Reform Act

(PLRA) as follows:

1. Repeal the requirement that prisoners (including committed and detained juveniles and pretrial detainees, as well as sentenced

prisoners) suffer a physical injury in order to recover for mental or

emotional injuries caused by their subjection to cruel and unusual

punishment or other illegal conduct;

2. Amend the requirement for exhaustion of administrative remedies to require that a prisoner who has not exhausted administrative remedies

at the time a lawsuit is filed be permitted to pursue the claim through

an administrative-remedy process, with the lawsuit stayed for up to 90

days pending the administrative processing of the claim;

3. Repeal the restrictions on the equitable authority of federal courts in conditions-of-confinement cases;

4. Amend the PLRA to allow prisoners who prevail on civil rights claims to recover attorney’s fees on the same basis as the general public in

civil rights cases;

5. Repeal the provisions extending the PLRA to juveniles confined in juvenile detention and correctional facilities; and

6. Repeal the filing fee provisions that apply only to prisoners.

FURTHER RESOLVED, That the American Bar Association urges Congress

to hold hearings to determine if any other provisions of the PLRA should be

repealed or modified and that other legislatures having comparable provisions

do the same.

FURTHER RESOLVED, That the American Bar Association urges Congress

to hold hearings to determine what other steps the federal government may

take to foster the just resolution of prisoner grievances in the nation’s prisons,

jails, and juvenile detention and correctional facilities.

2007 MY 301 Acquittal judgments during

trial

RESOLVED, That the American Bar Association opposes any amendments

to the Federal Rules of Criminal Procedure that would eliminate the authority

of federal district judges to enter judgments of acquittal during trial.

FURTHER RESOLVED, That the American Bar Association opposes any

amendment to the Federal Rules of Criminal Procedure that would require

the accused to waive his or her Fifth Amendment Double Jeopardy rights as a

condition of seeking a judgment of acquittal during trial.

2007 MY 10C Pro bono services to

unpopular clients and causes

RESOLVED, That the American Bar Association reaffirms its commitment to

the core values of the legal profession, including commitment to pro bono

provision of legal services to those in need and the commitment to the

independence of the profession, provided that this does not negate existing

ABA policy regarding any governmental obligation to provide counsel.

FURTHER RESOLVED, That the American Bar Association commends the

courageous lawyers who meet their professional responsibility to provide pro

bono legal services to disfavored individuals and groups in selfless dedication

to America’s commitment to the highest ideals of due process and equal

access to justice and in support of the fundamental right to counsel for anyone

threatened with deprivation of life or liberty, including those accused of the

worst crimes, and against whom public enmity runs deepest.

FURTHER RESOLVED, That the American Bar Association urges that

public education efforts be strengthened by the ABA and state, specialty,

local and territorial bars to explain that lawyers who volunteer in legal

defense of disfavored individuals and groups are performing a vital role under

our system of justice, and are worthy of public appreciation and support; and,

that if legal assistance is withheld from anyone because of the nature of the

accusations made against them, or the unpopularity of their beliefs, that all of

us are at greater risk.

FURTHER RESOLVED, That the American Bar Association condemns any

governmental attack on the independence of the profession that encourages

clients to exert improper influence over their lawyers’ choice of other clients,

or to penalize lawyers for representing unpopular or controversial clients.

FURTHER RESOLVED, That the American Bar Association urges all

branches of the United States Government, and all other governments within

the United States and its territories, to ensure that any lawyers or other

policymakers whom they employ refrain from any such governmental attack

on the independence of the profession, and to effectively remedy any such

attack.

2007 AY 110C Human trafficking RESOLVED, That the American Bar Association urges federal, state, local,

territorial, and tribal governments to pass legislation, authorize funding, and

appropriate funding that strengthens protection and assistance for victims of

trafficking in persons, within the United States or abroad, as well as bolsters

prevention efforts including measures to:

1. Provide emergency assistance and the prompt appointment of guardians ad litem for child victims of trafficking;

2. Ensure that law enforcement agencies promptly provide all trafficking victims who are willing to cooperate with those agencies with a

certification/endorsement to that effect;

3. Exclude requirements imposed on visa applicants to cooperate with law enforcement to be physically present in the United States, and to

show “extreme hardship” upon removal from the United States;

4. Provide an exception to the “good moral character” requirement for victims of human trafficking and their family members when the

applicant’s conduct at issue is incident to or relates to the trafficking

and allowing them to apply for permanent residence as soon as they

are granted T-visas;

5. Support funding for legal assistance for trafficking victims in criminal, civil, immigration cases, and other trafficking related matters;

6. Increase resources for the investigation and prosecution of traffickers, as well as for the protection and assistance of victims and their family

members within the United States and abroad;

7. Protect the economic and civil rights of the most vulnerable populations to trafficking and provide them with access to education,

skills training, and financial assistance programs;

8. Increase resources to promote the education of law enforcement, immigration officials, and other government officials on the

trafficking issue and foster the development of guidelines, policies and

procedures for protecting victims and investigating and prosecuting

trafficking matters; and

9. Support funding for education campaigns and programs directed to judges, attorneys, law students, legal services providers, legislators,

government officials, the media, and others, that create awareness

about laws and policies against trafficking in persons.

FURTHER RESOLVED, That the American Bar Association encourages

efforts by state, local, territorial, tribal, specialty, and foreign bar associations

to engage members of the legal profession in raising awareness of trafficking

in persons in their communities and in providing pro bono legal services to

victims of trafficking.

2007 AY 10B Interrogation practices for

detainees

RESOLVED, That the American Bar Association urges Congress to enact

legislation that would:

(a) Supersede the Executive Order of July 20, 2007, which authorizes the Central Intelligence Agency to operate a program of detention and

interrogation that is inconsistent with U.S. obligations under Common

Article 3 of the Geneva Conventions of August 12, 1979 (Common

Article 3); and

(b) Ensure that whenever foreign persons are captured, detained, interned or otherwise held within the custody or under the physical control of

the United States, or interrogated in any location by agents of the

United States (including private contractors), they are treated in

accordance with the minimum protections afforded by Common

Article 3 and in a manner fully consistent with the standards of

treatment and interrogation techniques contained in FM-2-22.3, the

U.S. Army Field Manual on Intelligence Interrogation of September

2006.

2008 MY 111B Immigration detention

standards

RESOLVED, That the American Bar Association supports the issuance of

federal regulations that codify the Department of Homeland Security

Immigration and Customs Enforcement (ICE) National Detention Standards

as in effect in October 2007 (the “Detention Standards”).

FURTHER RESOLVED, That the American Bar Association urges that:

(a) The Detention Standards and any future standards that incorporate the improvements set forth in this recommendation be applied and

enforced at all facilities where noncitizens are detained for

immigration purpose, including ICE-operated facilities, contract

detention facilities, state, county and local jails, Bureau of Prisons

facilities; and other facilities; and

(b) To the extent that non-citizens are subject to detention, individuals and families be detained in the least restrictive setting possible and not

be housed with criminal inmates.

FURTHER RESOLVED, That the American Bar Association supports

improvement, periodic review, and increased oversight of the Detention

Standards to ensure that detained noncitizens and their families are treated

humanely and have effective access to counsel and to the legal process.

FURTHER RESOLVED, That the Detention Standards be revised to include

the following provisions:

(a) Independent observers, including nongovernmental organizations, shall be permitted to visit and tour all facilities where ICE detainees

are held, and meet privately with detainees, to monitor compliance

with the Detention Standards. These organizations should be able to

issue public reports of the information gathered during their visits.

(b) Legal materials shall be provided in hard copy. If materials are provided on CD-ROM or in another computer format, training must

be provided. Qualified personnel must be available to assist detainees

with legal research, including those detainees who need assistance

because of illiteracy, lack of English proficiency, illness or other

reason.

(c) Family and friends of immigration detainees shall be permitted to have contact visits with detainees.

(d) Reasonable and equitable access to telephones shall be provided at commercially competitive toll charges from which the institution does

not, directly or indirectly, derive a profit or recoup overhead for phone

equipment costs.

(e) A determination shall be made without unreasonable delay as to whether detainees are “indigent” and therefore eligible for free

stamps, envelopes, and other writing supplies, free telephone calls for

legal assistance, calls upon transfer, and calls in case of emergency.

(f) Detainees shall be provided with a continuum of prompt, effective medical and dental care, which shall include both treatment and

preventive services that are medically necessary, at no cost to the

detainee.

(g) Detainees shall be apprised of complaint processes and grievance procedures, and such procedures shall include provisions for filing a

grievance with ICE officers directly, without first going through a

facility’s grievance process. In addition, contact information shall be

provided to ensure that detained noncitizens are able to contact

government offices, including the DHS Office of the Inspector

General, DHS Office for Civil Rights and Civil Liberties, DHS Joint

Intake Center, and DHS Office of Internal Audit.

(h) Involuntary transfer of immigration detainees to remote facilities shall be prohibited if such transfer would impede an existing attorney-client

relationship, or impede case preparation and defense or financing of

such preparation and defense due to remoteness from legal counsel,

family members, health care providers, other community support and

material witnesses and/or evidence, or if appropriate counsel is not

available near the proposed transfer site. Irrespective of whether the

individual has already obtained counsel, detained noncitizens shall not

be transferred to remote locations where legal assistance generally is

not available for immigration matters.

FURTHER RESOLVED, That the American Bar Association urges that the

following actions be taken in order to ensure appropriate implementation of

the detention standards:

(a) A DHS Oversight office should review all detention facility inspection reports produced by ICE, and prepare reports of their reviews at least

twice each year, which should promptly be released to the public; and

(b) All individuals who supervise, are responsible for, or otherwise come into regular contact with immigration detainees, including ICE

officers, contractors, and state, local, federal, and territorial

corrections and related personnel, should receive in-depth training on

the Detention Standards, as well as periodic training updates.

2008 MY 300 Dual Jurisdiction Youth RESOLVED, That the American Bar Association urges the federal, state,

territorial, and tribal governments to revise laws, court rules, policies, and

practices related to “dual jurisdiction” youth (abused and neglected youth

with juvenile “dependency” cases who are charged with acts of delinquency)

to:

(a) Use diversion and intervention services for minor or low level acts of misbehavior committed while a youth is in foster care;

(b) Eliminate statutory and legal restrictions inhibiting dual jurisdiction; (c) Create a legal preference enabling youth to have their dependency

proceedings remain open with continued child and family support;

(d) Provide, when feasible, that a single judge hear post-adjudication dispositional matters involving dual jurisdiction cases and that

continuity of legal representation for the child in both court

proceedings be secured;

(e) Promote training for all juvenile defense counsel on foster care issues; (f) Ensure that an adult responsible for the youth attend hearings in both

proceedings to address issues related to the child and family;

(g) Encourage information-sharing among dependency and delinquency courts and agencies, establish confidentiality protections for all child

welfare information shred, and restrict the use of information gathered

from foster youth as part of screening, assessment, or treatment in the

pending or future delinquency or criminal proceedings;

(h) Promote the prompt post-arrest involvement of providers, caseworkers, or advocates acting on the youth’s behalf; ensure fair

treatment of foster youth in juvenile detention, incarceration, or

probation decision; and eliminate practices that result in detention or

prolonged incarceration of youth due to foster care status or an

absence of suitable placement options;

(i) Provide clear authority for continued social services/child welfare support for children and families when youth cross from dependency

to delinquency court/juvenile justice, and eliminate funding barriers

that inhibit multiple agency support of these youth and their families;

(j) Apply protections afforded foster youth under Titles IV-E of the Social Security Act to youth placed through delinquency or status

offense proceedings, in foster care or other non-penal settings, under

court authority or under the auspices of juvenile justice agencies; and

(k) Fully implement 2002 and 2003 amendments to the Juvenile Justice and Delinquency Prevention Act and the Child Abuse Prevention and

Treatment Act to: 1) make youths’ child welfare records known to the

juvenile court for effective treatment planning; 2) provide effective

treatment and service continuity when youth transition between child

welfare and juvenile justice systems; 3) assure that when youth are

placed in settings funded through Title IV-E of the Social Security Act

they receive full protections afforded under that law; and 4) collect

state data on all youth transferred from one system to another.

2008 MY 102B Pro bono assistance for

victims of identity theft

RESOLVED, That the American Bar Association urges national, federal,

state, tribal, territorial, and local bar associations, in cooperate with state and

local pro bono, lawyer referral, and legal aid programs, to establish programs

to assist or provide legal representation for victims of identity theft who need

assistance in recovery from the crime.

2008 MY 105A Elder abuse RESOLVED, That the American Bar Association urges federal, state, local,

tribal and territorial governments and their prosecutors to vigorously

prosecute cases of elder abuse, neglect and financial exploitation.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, tribal, local, and territorial governments:

1. To create, whenever practical, special elder abuse units within the prosecutor’s office or designate a specially trained prosecutor to

handle elder abuse cases;

2. To provide training of prosecutors whenever practical on an individual basis in the identification, investigation, and prosecution of elder

abuse, neglect, and financial exploitation and supports the formation

of a National Center for the Prosecution of Elder Abuse, Neglect, and

Exploitation;

3. To ensure that the victim assistance/services program within the staffing structure of their offices develop policies, procedures and

funding for providing specialized victim services to the elder

population to address the unique needs of elder abuse victims;

4. To adopt a multidisciplinary team approach to prosecuting elder abuse cases including individuals and agencies from the medical financial

fields, public heath, service providers and law enforcement as

appropriate, in a team effort to investigate, prevent and prosecute elder

abuse crimes with prosecutors taking the leadership role on these

teams;

5. To support the prosecutor’s role in forming and encouraging the growth of community-based and professional organizations that are

interested in the issue of elder abuse prevention and the use of all

available resources by prosecutors to educate the public about elder

abuse, specifically, the warning signs and how to become more

involved in reporting and preventing abuse, and assisting victims of

abuse;

6. To review current criminal statutes dealing specifically with the physical abuse, sexual assault, neglect and financial exploitation of

elders and asses their ability to meet the needs of elder victims and the

types of crimes committed against them;

7. To fund and support public and professional education about elder abuse, including the laws regarding and procedures for reporting

suspected elder abuse to appropriate government agencies, including

adult protective services and law enforcement; and

8. To develop special procedures and evidentiary rules where necessary to meet the needs of elder abuse victims.

2008 MY 105C Sentencing mitigation for

youthful offenders

RESOLVED, That the American Bar Association urges federal, state, tribal,

local and territorial governments to authorize and implement sentencing laws

and procedures that both protect public safety and appropriately recognize the

mitigating considerations of age and maturity of youthful offenders (i.e. those

under age 18 at the time of their offense who are subject to adult penalties

upon conviction) based on the following principles:

1. Sentences for youthful offenders should generally be less punitive than sentences for those age 18 and older who have committed

comparable offenses;

2. Sentences for youthful offenders should recognize key mitigating considerations particularly relevant to their youthful status, including

those found by the United States Supreme Court in Roper v. Simmons,

543 U.S. 551, 567-570 (2005), as well as the seriousness of the

offense and the delinquent and criminal history of the offender; and

3. Youthful offenders should generally be eligible for parole or other early release consideration at a reasonable point during their sentence;

and, if denied, should be reconsidered for parole or early release

periodically thereafter.

2008 MY 105D Criminal Justice Standards

on Prosecutorial

Investigations

RESOLVED, That the American Bar Association adopts the black letter ABA

Criminal Justice Standards on Prosecutorial Investigations, dated February

2008, to supplement the ABA Criminal Justice Standards on the Prosecution

Function.

2008 MY 10D Preservation of judicial

independence in Pakistan

RESOLVED, That the American Bar Association hereby expresses its

support for and solidarity with the Pakistani bar and bench; and

FURTHER RESOLVED, That given the importance of an independent bar,

an independent judiciary, and a just constitution as cornerstones of the rule of

law, the American Bar Association calls upon the President of Pakistan to

restore Pakistan’s constitution as it existed before the November 3, 2007,

emergency decree; reinstate Pakistan’s Supreme Court justices and high court

judges who were removed from office and refused to take oaths of loyalty to

the executive branch; and release all judges, lawyers and other people who

were wrongly arrested during the state of emergency.

2008 AY 109 International Violence

Against Women Act

RESOLVED, That the American Bar Association urges federal, state, the

Commonwealth of Puerto Rico, the District of Columbia, local, territorial,

and tribal governments to adopt legislation and appropriate funding to

strengthen protection and assistance for victims of gender-based violence

within the United States and abroad.

FURTHER RESOLVED, That the American Bar Association urges Congress

to enact and fund the International Violence Against Women Act of 2007 or

similar legislation that:

1. Supports funding for legal assistance for global victims of gender- based violence in criminal and civil cases;

2. Supports funding to provide training and education globally about gender-based violence and the needs of victims for judges, attorneys,

law students and other legal service providers, as well as for law

enforcement, government officials, legislators, health care providers,

media, community members and other entities or persons who might

help further victims’ access to justice and create awareness about the

law;

3. Supports efforts to foster a multidisciplinary and community approach to serving victims and ending gender-based violence; and

4. Supports efforts to ensure that perpetrators of gender-based violence are held accountable.

2008 AY 300 Regulation of formation

agents of business entities to

combat money laundering

RESOLVED, That the American Bar Association supports all reasonable and

necessary efforts of the United States government and the international

community to combat money laundering and terrorist financing activity in the

international financial system;

FURTHER RESOLVED, That the American Bar Association urges that the

regulation of those involved in the formation of business entities within the

states and territories of the United States should remain a matter of state and

territorial law and state sovereign prerogative, with a minimum of federal

governmental regulation;

FURTHER RESOLVED, That the American Bar Association urges Congress

to refrain from enacting legislation that would regulate lawyers in the

formation of business entities and to defer to the states as they consider

amendments to the Model Business Corporation Act, Uniform Partnership

Act, Uniform Limited Partnership Act, Uniform Limited Liability Company

Act, and Uniform Limited Cooperative Association Act (collectively, the

“Entity Paradigm Laws”) proposed by the American Bar Association, the

National Conference of Commissioners on Uniform State Laws, and others;

FURTHER RESOLVED, That the American Bar Association urges that the

manner in which lawyers conduct client due diligence for purposes of

rendering legal services and the manner in which record or beneficial

ownership of business entities is documented, verified, and made available to

law enforcement authorities, not conflict with the ethical requirements and

regulations imposed by state authorities on the legal profession, be risk-based,

and take into account:

(1) The actual risk of money laundering and terrorist financing in the formation of business entities; and

(2) The burdens that such requirements or regulations might impose on state and territorial authorities, those involved in the formation of such

entities, and the bona fide investment of the community; and

FURTHER RESOLVED, that the American Bar Association urges state and

local bar associations, and other appropriate constituencies within the legal

profession, with the assistance of the ABA Task Force on Gatekeeper

Regulation & the Profession, to develop appropriate guidance on adopting

voluntary risk-based approaches to client due diligence that will inform legal

professionals of the risks of money laundering and terrorist financing, and

assist them in taking appropriate steps for compliance with anti-money

laundering and anti-terrorist financing legal requirements.

2008 AY 104A Amending Rule 32 of the

Federal Rules of Criminal

Procedure regarding

availability of sentencing

information

RESOLVED, That the American Bar Association recommends that Rule 32

of the Federal Rules of Criminal Procedure be amended to require that:

(a) Any party submitting documentary information to the probation officers in connection with a pre-sentence investigation shall, unless

excused by the Court for good cause shown, provide that documentary

information to the opposing party at the same time it is submitted to

the probation officer;

(b) A probation officer who receives oral information from a party other than through the interview of the defendant, unless excused by the

Court for good cause shown, provide a written summary of the

information to the parties;

(c) A probation officers who receives documentary information from a non-party in connection with a pre-sentence investigation, unless

excused by the Court for good cause shown, promptly provide that

documentary information to the parties; and

(d) A probation officer who receives oral information from a non-party, unless excused by the Court for good cause shown, provide a written

summary of the information to the parties.

2008 AY 104B Effective monitoring of

correctional and detention

facilities

RESOLVED, That the American Bar Association urges federal, state, the

Commonwealth of Puerto Rico, the District of Columbia, tribal, local, and

territorial governments to develop comprehensive plans to ensure that the

public is informed about the operations of all correctional and detention

facilities (facilities for the confinement of individuals for alleged or

adjudicated crimes or delinquent acts) within their jurisdiction and that those

facilities are accountable to the public.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, the Commonwealth of Puerto Rico, the District of Columbia, tribal,

local, and territorial governments to establish public entities that are

independent of any correctional agency to regularly monitor and report

publicly on the conditions in all prisons, jails, and other adult and juvenile

correctional and detention facilities operating within their jurisdiction.

FURTHER RESOLVED, That the American Bar Association adopts the

“Key Requirements for the Effective Monitoring of Correctional and

Detention Facilities”, dated August 2008, and urges that federal, state, the

Commonwealth of Puerto Rico, the District of Columbia, trial, local and

territorial monitoring entities meet these Key Requirements as minimum

standards.

FURTHER RESOLVED, That the American Bar Association recommends

that the federal government:

(1) Provide technical assistance and training to facilitate the establishment of monitoring entities that meet the “Key Requirements for the

Effective Monitoring of Correctional and Detention Faculties.”

(2) Require that jurisdictions receiving federal funds for correctional or detention facilities ensure that the facilities are monitored by at least

one entity meeting these requirements.

(3) Develop common definitions for the collection and reporting of key performance data by correctional and detention facilities.

2008 AY 104C Use of racial profiling by

law enforcement

RESOLVED, That the American Bar Association urges federal, state, the

Commonwealth of Puerto Rico, the District of Columbia, tribal, local, and

territorial governments to enact effective legislation, policies, and procedures

to ban law enforcement’s use of racial or ethnic characteristics not justified by

specific and articulable facts suggesting that an individual may be engaged in

criminal behavior, hereinafter termed “racial and ethnic profiling.” Racial and

ethnic profiling does not include the use of racial or ethnic characteristics as

part of a physical description of a particular person observed by police or

other witnesses to be a participant in a crime or other violation of law.

FURTHER RESOLVED, That the American Bar Association urges that such

legislation, policies, and procedures, except when impractical due to the small

size or other characteristics of a law enforcement agency, should require:

1. That law enforcement agencies have written policies, training, and supervision necessary to effectively implement the ban and funding

necessary for these purposes;

2. Data collection, on all police stops and searches, whether of drivers and their vehicles or pedestrians.

3. Where feasible, independent analysis of data collected, and publication of both the data and the analysis; and

4. Funding for police agencies to be made contingent on compliance with these requirements.

2008 AY 104D Cross-racial identification

jury instruction

RESOLVED, That the American Bar Association urges federal, state, the

Commonwealth of Puerto Rico, the District of Columbia, local, and territorial

jurisdictions to recognize that in particular cases cross-racial identification

may increase the risk of erroneous conviction.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, the Commonwealth of Puerto Rico, the District of Columbia, local, and

territorial jurisdictions to seek to assure that, in cases which the trial judge

finds a sufficient risk of misidentification based on cross-racial factors,

excerpt testimony that satisfies the applicable rules of evidence is admissible,

adequate funding is available to enable both the government and indigent

defendants to obtain such testimony, and trial judges have available model

jury instructions that inform juries of all of the factors that may enhance or

detract from the reliability of an eyewitness identification, one of which may

be the cross-racial nature of the identification.

2008 AY 117A Tribal court funding RESOLVED, That the American Bar Association urges Congress to support

quality and accessible justice by ensuring adequate, stable, long-term funding

for tribal justice systems.

2008 AY 108A International Criminal Court RESOLVED, That the American Bar Association urges the United States

Government to expand and broaden United States interaction with the

International Criminal Court, including cooperation with the Court’s

investigations and proceedings;

FURTHER RESOLVED, That the Association calls on the United States

Government to participate in all future sessions of the International Criminal

Court’s governing body, the Assembly of States Parties, and preparations for

the Review Conference to be held in 2010.

2009 MY 101A Juvenile sex offender

registration

RESOLVED, That the American Bar Association urges Congress and the

state and territorial legislatures to re-examine and revise laws, policies, and

practices that require youth to register as sex offenders or be subject to

community notification provisions otherwise imposed upon adult sex

offenders, based upon juvenile court adjudication.

FURTHER RESOLVED, That the American Bar Association urges Congress

to amend Public Law 109-248 regarding sexual crimes committed by

juveniles, to require that juvenile court judges consider factors relevant to the

specific offense and the individual juvenile offender in determining whether

they should be placed on sex offender registries, subjected to sex offender

registration requirements and community notification of their offense(s), or

otherwise face additional restrictions generally placed on adult sexual

offenders.

FURTHER RESOLVED, That the American Bar Association urges states and

territories to:

a) Apply the provisions of Public Law 109-248 prospectively only to adjudicated juveniles, so that they are not subjected to collateral

punishment or other sanctions that would go beyond that originally

handed down by the juvenile court after a juvenile delinquency

adjudication; and

b) Provide a remedy through which adjudicated persons may later apply for relief from sex offender registration and other related requirements

after an appropriate period of supervision, treatment, and lawful

community adjustment.

FURTHER RESOLVED, That the American Bar Association urges Congress

and the state and territorial legislatures to provide increased funding for

assessment and effective treatment interventions for juveniles adjudicated for

sexual offenses, as well as for specialized juvenile probation service

monitoring of these adolescents.

FURTHER RESOLVED, That the American Bar Association urges Congress

and the state and territorial legislatures to provide increased funding to better

meet both the short and long-term treatment needs of child victims of sex

crimes.

2009 MY 101B Mediation of criminal

matters

RESOLVED, That the American Bar Association urges federal, state,

territorial, tribal and local governments to initiate, continue and expand the

use of mediation as a means to resolve criminal matters, specifically at a time

prior to the actual case filing and with adequate constitutional protections

except in cases in which any of the participants are deemed to be susceptible

to coercion, manipulation or re-traumatization as in a case of violent crime or

domestic abuse.

FURTHER RESOLVED, That the American Bar Association encourages

federal, state, territorial, tribal and local governments to initiate, continue and

expand the use of mediation, early resolution courts, prefiling diversion,

expeditors, restorative justice programs and other process innovations, where

appropriate, to assist with plea negotiations and/or the expedition and

resolution of both pending misdemeanor and felony cases.

FURTHER RESOLVED, That the American Bar Association encourages

federal, state, territorial, tribal and local governments to use only those

individuals who have received appropriate mediation training.

FURTHER RESOLVED, That the American Bar Association encourages

federal, state, territorial, tribal and local governments to adhere to proper

mediation protocols and recognize the rights, needs and sensitivities of the

mediation participants, including the assurances that statements will not be

used against the accused directly or derivatively and the accused will be fully

apprised of the collateral consequences should the mediation fail.

FURTHER RESOLVED, That the American Bar Association encourages

federal, state, territorial, and local governments to support continuing research

regarding mediation as a method to assist in the processing and resolution of

appropriate criminal and quasi criminal matters, and to disseminate those

research results.

2009 MY 101C Due process and access to

counsel in immigration

enforcement actions

RESOLVED, That the American Bar Association supports legislation and/or

administrative standards to ensure due process and access to appropriate legal

assistance to persons arrested or detained in connection with immigration

enforcement actions.

FURTHER RESOLVED, That such standards should provide that

enforcement actions and subsequent criminal and immigration proceedings

are carried out in a manner that ensures that:

a. Individuals are provided notice of the right to consult with an attorney and afforded access to competent legal counsel who are adequately

versed in criminal and immigration law, and/or access to co-counsel

who are qualified in those fields, while subject to any immigration-

related enforcement activity, including interviews, processing

appointments, hearings, and any procedure that may result in criminal

prosecution or an individual’s detention or removal from the United

States.

b. Individuals receive a legal orientation, including notice of their right to remain silent, right to confront witnesses, right to a trial, and a

complete and accurate translation of the investigation and proceedings

in a language they comprehend that enables them to understand their

rights.

c. Individuals have adequate access to telephones in order to consult with counsel and members of their family, and indigent individuals

are permitted to make an adequate number of telephone calls to

counsel or family members free of charge.

d. Attorneys are given an adequate opportunity to consult, in private, with each client and to investigate and evaluate the facts and

circumstances (including the potential impact of a criminal conviction

on the individuals’ immigration status, the strength of the

government’s case, and any defenses or claims for relief the client

may be in a position to assert).

e. Individuals have a full and fair opportunity to consider any plea offer and to confer with counsel regarding the offer.

f. Individuals have a full and fair opportunity to asset any defenses or claims for relief.

g. Individuals are permitted to waive their rights only if the waiver is knowing and voluntary.

h. Individuals who have a reasonable basis for seeking relief from removal are provided with a full and fair hearing before an

immigration court to determine their eligibility for such relief.

i. U.S. citizens are not mistakenly arrested or detained.

FURTHER RESOLVED, That emergency assistance should be provided to

minor children whose parents are arrested or detained;

FURTHER RESOLVED, That the American Bar Association encourages bar

associations to raise awareness of the rights available to individuals taken into

custody during workplace immigration enforcement actions, assist in the

provision of pro bono legal services to individuals who cannot afford to hire

an attorney, and facilitate effective representation through training programs

for court appointed and pro bono counsel.

2009 MY 101D Attorneys for child victims

of criminal conduct

RESOLVED, That the American Bar Association urges federal, state, tribal,

local and territorial governments to ensure that child victims of criminal

conduct have prompt access to legal advice and counsel and to specialized

services and protections such as those provided by child advocacy centers

approved and accredited by the National Children’s Alliance.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, tribal, local, and territorial governments including courts, and state and

local bar associations:

1. To support legislation or the modification of rules of court to provide that child victims of criminal conduct have independent attorneys who

can assist them in accessing applicable victims’ rights (such as those

provided by 18 U.S.C. 3771 in the federal system) and age-

appropriate accommodations (such as those provided by 18 U.S.C.

3509 in the federal system) established by law in the jurisdiction if the

court makes a finding that the child’s interests are not otherwise

adequately protected.

2. To initiate pilot programs or demonstration projects in which rights and protections for the child victim of criminal conduct are protected

and enforced.

FURTHER RESOLVED, That the American Bar Association, state and local

bar associations, law schools, victim rights organizations, child rights

organizations, and courts are urged to collaborate to develop appointment

procedures for courts to appoint attorneys for child victims of criminal

conduct and to adopt standards of practice and training requirements for those

attorneys appointed for child victims, including those regarding the attorney’s

roles and responsibilities.

2009 MY 301 Immediate appeal of court

order rejecting a claim of

attorney-client privilege

RESOLVED, That the American Bar Association supports the right of

participants in federal proceedings to take an immediate appeal from an order

that rejects a claim of attorney-client privilege and on that basis requires the

production of information or materials for which the privilege has been

claimed;

FURTHER RESOLVED, That the American Bar Association believes that

the right to pursue such an immediate appeal will help to preserve the

attorney-client privilege.

FURTHER RESOLVED, That the American Bar Association concludes that

an order requiring disclosure of documents or information claimed to be

protected by the attorney-client privilege should be immediately appealable as

a collateral final decision under the doctrine set forth in Cohen v. Beneficial

Industrial Loan Corp., 337 U.S. 541 (1949).

2009 MY 10A Disposition of individuals

detained at Guantanamo

RESOLVED, That consistent with the Supreme Court’s directive in

Boumediene v. Bush and President Obama’s January 22, 2009 Executive

Order on “Review and Disposition of Individuals Detained At the

Guantanamo Bay Naval Base and Closure of Detention Facilities,” the

American Bar Association urges the U.S. Government to ensure that:

(a) All individuals who have been or are expected to be charged with violations of criminal law should be prosecuted in Article III federal

courts, unless the Attorney General certifies, in cases involving

recognized war crimes, that prosecution cannot take place before such

courts and can be held in other regularly constituted courts in a

manner that comports with fundamental notions of due process,

traditional principles of the laws of war, the Geneva Conventions and

the Uniform Code of Military Justice;

(b) All individuals currently detained at Guantanamo who, upon review, are determined to have been improperly classified as or no longer

considered to be “enemy combatants” should be promptly released or

resettled; and

(c) All remaining individuals currently detained as enemy combatants at Guantanamo are granted a prompt habeas corpus hearing with full due

process rights and provided access to counsel and the right to review

and confront the evidence against them, including potential

exculpatory evidence within the government’s possession, whether or

not used, or intended to be used at trial, subject to appropriate

conditions as may be set by the court to accommodate the needs of the

detainee and the requirements of national security; and

(d) No individual should be detained as an “enemy combatant” except pursuant to an act of Congress defining this term.

2009 AM 110 Responsibility to

protect/prevent genocide

RESOLVED, That the American Bar Association endorses paragraphs 138

and 139 of the World Summit Outcome Document of the 60th session of the

UN General Assembly (September 2005) concerning the Responsibility to

Protect doctrine;

FURTHER RESOLVED, That the American Bar Association endorses the

recommendations set forth in the report, Preventing Genocide: A Blueprint

for U.S. Policymakers (December 2008), by the joint Genocide Prevention

Task Force of the United States Holocaust Memorial Museum, the American

Academy of Diplomacy, and the United States Institute of Peace.

2009 AM 113 Categorical approach in

immigration proceedings

RESOLVED, That the American Bar Association 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.

FURTHER RESOLVED, That the American Bar Association urges U.S.

immigration authorities to interpret immigration laws in accordance with the

categorical approach.

2009 AM 111B National study of the state

of the criminal justice

system

RESOLVED, That the American Bar Association 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; and

FURTHER RESOLVED, That the American Bar Association urges, as part of

such a national study, that consideration be given to all the serious criminal

justice issues facing federal, state, local and territorial jurisdictions, including

the following:

(1) Whether fair and reasonable guidelines exist to distinguish between those offenders who should be incarcerated and those for whom

alternative sentences would be more effective;

(2) Whether alternatives to incarceration, such as community confinement, home detention, community treatment programs that

address mental health issues and problems relating to drug addiction

and chemical dependence, and other treatment options, provide better

alternatives for some offenders, and if so, how to design the most

effective community confinement and treatment options;

(3) Whether diversion from criminal prosecution can be more effectively employed to give offenders in appropriate cases a second chance and

to prevent them from developing criminal records;

(4) Whether re-entry programs can be initiated or enhanced to improve the likelihood that offenders will return to the community as

productive, law-abiding citizens and avoid recidivism;

(5) Whether state and local courts, prosecutors, and defense lawyers in some jurisdictions have developed innovative and successful (in terms

of both costs and results) treatment, diversion and re-entry programs

that court become models for use in other jurisdictions;

(6) Whether the collateral consequences of convictions can be reduced in reasonable and constructive ways without undue risk to the

community, in order to help former offenders with issues such as

finding jobs and housing, obtaining educational opportunities and

recovering voting rights.

(7) Whether effective processes and procedures exist or can be developed to reliably identify practices by law enforcement agencies and other

elements of the criminal justice system that unnecessarily contribute

to racial disparities among individuals sentenced to jail and prison;

(8) Whether long prison sentences should be reexamined once the offender has served a significant portion of the sentence, to determine

whether changed circumstances warrant a reconsideration of the

length of the sentence, even though it was appropriate when imposed;

(9) Whether additional resources should be provided to train criminal justice officials in the exercise of discretion; and

(10) Whether the scope of federal criminal law and the respective roles of state and federal law enforcement should be re-examined.

2010 MY 115 Reauthorization of the

Violence Against Women

Act

RESOLVED, That the American Bar Association urges Congress to re-

authorize and fully fund the Violence Against Women Act and similar

legislation that:

1. Enhances judicial, legal and law enforcement tools to combat domestic violence, dating violence, sexual assault, and stalking;

2. Improves services for victims of domestic violence, dating violence, sexual assault, and stalking;

3. Strengthens the healthcare system’s response to domestic violence, dating violence, sexual assault, and stalking;

4. Provides housing opportunities and economic security for victims of domestic violence, dating violence, sexual assault, and stalking;

5. Provides services, protection, and justice for underserved and vulnerable victims of violence, including children and youth who are

victims or are witnesses to family violence, and victims who are

disabled, elderly, immigrant, trafficked, LGBT and/or Indian;

6. Strives to prevent domestic violence, dating violence, sexual assault, and stalking.

2010 MY 105A Specialized courts for

veterans

RESOLVED, That the American Bar Association supports the development

of comprehensive, systemic approaches to address the special needs of

veterans within civil and criminal court contexts, including but not limited to

proceedings involving veterans service-related injuries, disorders, mental

health and substance abuse needs, through programs that connect veterans to

appropriate housing, treatment and services through partnerships with the

local Veterans Affairs Medical Centers, community-based services and

housing providers.

FURTHER RESOLVED, That the American Bar Association urges state,

local, and territorial courts to facilitate the development of Veterans

Treatment Courts, including but not limited to, specialized court calendars or

the expansion of available resources within existing civil and criminal court

models focused on treatment-oriented proceedings.

FURTHER RESOLVED, That the American Bar Association adopts the

following principles for Veterans Treatment Courts to the extent appropriate

and feasible for each jurisdiction:

1) Participation is voluntary and the constitutional rights of participants are retained.

2) Veterans Treatment Courts or the resources devoted to veterans within existing civil and criminal court models will utilize the participation of

a caseworker and legal representative with coordination from federal

Veterans Affairs employees, veteran service agencies, community

based service providers, and local agencies to assess the needs of and

provide veterans with appropriate housing, treatment, services, job

training, and benefits.

3) Veterans Treatment Courts or the resources devoted to veterans within existing civil and criminal court models include mentoring sessions

with other veterans.

4) In the criminal court context, participants in the program have all qualifying charges reduced or dismissed, or traditional sanctions

waived, including where appropriate and feasible, more serious

charges, commensurate with completion of appropriate treatment and

services. Where charges are dismissed, public access to the record is

limited, where appropriate and feasible as provided by state or local

law, including through Expungement.

5) The veterans Treatment Courts shall address those criminal matters that involve serious violent felonies only at the discretion of local

courts.

6) The success of Veterans Treatment Courts or additional resources devoted to veterans within existing civil and criminal court models is

measured through the following outcomes:

a) Prevention and reduction of homelessness among veterans; b) Reduction of recidivism; c) Recovery achieved through compliance with the individual

treatment plan of the veteran;

d) Improved communication and reunification with family members, when appropriate;

e) Successful elimination of legal barriers to self-sufficiency; f) Reentry to the workforce, enhanced job opportunities, and

reintegration with the community,

g) Economic savings to the courts, criminal justice and public health systems, and the community;

h) Connection to VA benefits, long term supportive housing, and other benefits for participants who service related disabilities are

so severe as to prevent their return to the workforce.

2010 MY 102A Collateral consequences for

juvenile offenders

RESOLVED, That the American Bar Association urges federal, state,

territorial and local governments to increase the opportunities of youth

involved with the juvenile or criminal justice systems and to prevent the

continuing discrimination against those who have been involved with these

systems in the past by limiting the collateral consequences of juvenile arrests,

adjudications, and convictions.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to adopt and enforce laws and policies

which:

Prohibit employers, colleges, universities, vocational and technical schools,

financial aid offices, licensing authorities and similar agencies from inquiring

about or considering an arrest of a juvenile that did not lead to a finding of

guilt, an adjudication or a conviction, or basing the denial of educational or

vocational opportunities to applicants on such arrest;

Prohibit employers and educational institutions from considering any records

pertaining to an arrest, adjudication or conviction of an applicant that

occurred while the applicant was a juvenile if such records have been sealed

or expunged by the court;

Prohibit colleges, universities, financial aid offices, other educational

institutions and employers and employment licensing authorities: (1) from

considering juvenile adjudications or criminal convictions unless engaging in

the conduct underlying the adjudication or conviction would provide a

substantial basis for denial of a benefit or opportunity even if the person had

not been adjudicated or convicted, and (2) if the underlying conduct does

provide such a basis: (a) from considering a juvenile adjudication, if three

years have passed following the applicant’s discharge from custody or

supervision without being adjudicated or convicted of a subsequent offense;

and (b) from considering a criminal conviction, if five years have passed

following the applicant’s release from custody or supervision without being

convicted of a subsequent offense.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to adopt and enforce policies

encouraging employers, colleges, universities, financial aid offices, licensing

authorities and other agencies to give consideration to a juvenile’s successful

completion of a community re-entry program or the terms of their probation.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to adopt and enforce policies

encouraging employers, colleges, universities, financial aid offices, licensing

authorities and other agencies to include on applications clear definitions of

legal terms such as arrest, adjudication and conviction.

2010 MY 102B Juvenile Miranda warning

language

RESOLVED, That the American Bar Association urges federal, state,

territorial and local legislative bodies and governmental agencies to support

the development of simplified Miranda warning language for use with

juvenile arrestees.

2010 MY 102C Misdemeanor civil penalties RESOLVED, That the American Bar Association urges local, state, territorial

and federal governments to undertake a comprehensive review of the

misdemeanor provisions of their criminal laws, and, where appropriate, to

allow the imposition of civil fines or nonmonetary civil remedies instead of

criminal penalties, including fines and incarceration.

2010 MY 102D Pretrial disclosure

conferences

RESOLVED, That the American Bar Association urges federal, state, local

and territorial courts to adopt a procedure whereby a criminal trial court shall

conduct at a reasonable time prior to a criminal trial, involving felony or

serious misdemeanor charges, a conference with the parties to ensure that

they are fully aware of their respective disclosure obligations under applicable

discovery rules, statutes, ethical standards and the federal and state

constitutions and to offer the court’s assistance in resolving disputes over

disclosure obligations.

2010 MY 102E Incarcerated / jailed parental

contact with children

RESOLVED, That the American Bar Association urges federal, state,

territorial, and local governments to ensure that judicial, administrative,

legislative, and executive authorities expand, as appropriate in light of

security and safety concerns, initiatives that facilitate contact and

communication between parents in correctional custody and their children in

the free community. Such initiatives should:

(a) To the extent practicable, assign prisoners to a facility located within a reasonable distance from the prisoner’s family or usual residence;

(b) Encourage and support at no cost or low cost public transportation between urban centers and prisons for families of prisoners;

(c) Revise visitation rules, including those related to hours and attire, to facilitate extended contact visits between parents and their minor

children, and assure that information is made available to parents

regarding opportunities to visit with their children;

(d) Modify visitation areas to accommodate visits by young children; (e) Provide reasonable opportunities for inmates to call and write their

minor children at no cost or at the lowest possible rates;

(f) Seek to reduce barriers that limit opportunities for children in foster care to visit their incarcerated parent, and make available services to

help address the trauma that these children face resulting from

parental incarceration;

(g) Adopt of expand programs on parenting and parenting skills available to incarcerated prisoners with minor children, and provide their family

members with services designed to strengthen familial relationships

and child safety, permanency, and well-being outcomes; and

(h) Provide the opportunity for incarcerated parents to participate meaningfully in dependency-related court proceedings involving their

children and ensure competent and consistent legal counsel to aid

them in these cases.

FURTHER RESOLVED, That the American Bar Association urges states,

territories, and the federal government to adopt policies and procedures, to the

extent consistent with security, safety, and privacy concerns, that require

child welfare agencies to track the incarceration status of the parents of

children in foster care, and that facilitate communication between the child

welfare system and the corrections system regarding the incarceration status

of the parents, the location of the parents’ correctional facilities, and

subsequent transfers of the parents to other correctional facilities.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to clarify that incarceration alone

should not be grounds for judicial termination of parental rights, nor does

incarceration negate child welfare agency requirements to provide reasonable

efforts that may aid in facilitating safe, successful, and appropriate parent-

child reunification; and

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local governments to explore the use of innovative means

of providing opportunities for parent/child contact and communication,

including but not limited to intergovernmental contracts, and alternatives to

incarceration such as privately operated residential facilities.

2010 MY 102F Collateral consequences

assistance regarding

parental rights

RESOLVED, That the American Bar Association urges bar associations, and

law schools to consider and expand, as appropriate, initiatives that assist

criminal defendants and prisoners in avoiding undue consequences of arrest

and conviction on their custodial and parental rights. Such initiatives should

include:

(a) training criminal defense counsel to: 1) ascertain whether their clients

have minor children and if so, to ascertain the location of the children; and, 2)

to advise clients with minor children as to the consequences of arrest and

conviction on their custodial and parental rights and on how to obtain further

assistance in avoiding those consequences;

(b) developing models for training lawyers about the collateral effects of

arrest and conviction on their parenting rights that can be distributed to bar

associations; and

(c) establishing programs to provide criminal defendants and prisoners with

no cost or low cost legal assistance on family law issues, including the

avoidance of foster care through kinship care and guardianship arrangements.

FURTHER RESOLVED, That the American Bar Association urges Congress

to eliminate restrictions that prohibit recipients of Legal Services Corporation

funds from providing legal assistance to prisoners on family law issues.

2010 MY 102G Non-partisan attorneys in

the Department of Justice

RESOLVED, That the American Bar Association urges the President and the

Attorney General to assure that lawyers in the Department of Justice do not

make decisions concerning investigations or proceedings based upon partisan

political interests and do not perceive that they will be rewarded for, or

punished for not, making a decision based upon partisan political interests;

and

FURTHER RESOLVED, That the American Bar Association urges the

leaders of state, local and territorial legal offices to assure that lawyers in their

offices do not make decisions concerning investigations or proceedings based

upon partisan political interests and do not perceive that they will be rewarded

for, or punished for not, making a decision based upon partisan political

interests.

2010 MY 102I Standards on Treatment of

Prisoners

RESOLVED, That the American Bar Association adopts the black letter of

the ABA Criminal Justice Standards on the Treatment of Prisoners dated

February 2010 to supplant the ABA Criminal Justice Standards on the Legal

Status of Prisoners.

FURTHER RESOLVED, That Standards 7-10.2 and Standards 7-10.5

through 7-10.9 of the ABA Criminal Justice Mental Health Standards are

supplanted by Standard 23-6.15 of the ABA Criminal Justice Standards on the

Treatment of Prisoners.

2010 MY 108C Treaty implementation RESOLVED, That the American Bar Association urges that legislation be

enacted to provide procedures for implementing on an expedited basis

commitments in existing treaties where the President reports to the Congress

that binding measures are necessary to avoid the imminent risk of breach by

the United States; and

FURTHER RESOLVED, That the American Bar Association urges the

Executive Branch, with respect to future treaties,

(i) To seek treaty language consistent with its intent as to whether treaty provisions are self-executing;

(ii) To identify in treaty transmittal documents which provisions of the treaty are self-executing and how non-self-executing provisions of

the treaty will be implemented; and,

(iii) As a general rule, if implementing legislation is required for U.S. compliance, not to bring the treaty into force until that legislation

is enacted; and

FURTHER RESOLVED, That the American Bar Association urges the

Senate, with respect to future treaties, as a general rule, to declare in

resolutions of advice and consent which provisions are self-executing and its

expectation, where new implementing legislation is required, that the treaty

will not be brought into force for the United States until such legislation is

enacted.

2010 MY 104 Vienna Convention RESOLVED, That the American Bar Association urges the United States and

upon state and territorial governments to work to ensure that the fundamental

protections of Article 36 to the Vienna Convention on Consular Relations

(“Article 36”) are extended fully and without obstacle to foreign nationals

within United States borders;

FURTHER RESOLVED, That the American Bar Association urges the

United States to work to ensure that the fundamental protections of Article 36

are extended fully and without obstacle to United States citizens in foreign

countries;

FURTHER RESOLVED, That the American Bar Association urges the

President and Congress to renew the United States’ commitment to the

implementation of the Vienna Convention and to the enforcement of its

obligations under the United Nations Charter and the Optional Protocol to the

Vienna Convention by:

(1) Seeking means to fully implement the decision of the International Court of Justice in Avena and other Mexican Nationals through

legislation and other means, where possible;

(2) Recognizing that disputes arising out of the interpretation of the Vienna Convention and related questions of international law should

be decided by the International Court of Justice; and

(3) According the decisions of the International Court of Justice with regard to those disputes binding force within the United States,

including honoring and enforcing any International Court of Justice

judgments to which the United States is a party; and

FURTHER RESOLVED That the American Bar Association urges the

President and Congress, as well as state and territorial executives, officials,

and legislatures, to advance the implementation of and compliance with

Article 36 of the Vienna Convention in the United States through the

following measures:

(1) Drafting and adopting appropriate legislation that would codify the protections of Article 36 of the Vienna Convention into United States

and state law, including but not limited to the following:

(a) Enacting legislation requiring that a person who is arrested or detained shall be advised without delay that if the arrestee or

detainee is a foreign national, the foreign national has a right to

communicate with an official from the consulate of the foreign

national’s country, and that if the arrestee or detainee chooses to

exercise this right the advising officer notify the pertinent official

in the officer’s agency or department of that fact; and

(b) Enacting legislation that renders procedural default rules inapplicable to an assertion in criminal cases that the defendant’s

right under Article 36 has been violated; and

(2) Developing federal, state, and territorial policies and procedures that enhance United States compliance with Article 36 of the Vienna

Convention, such as the following measures:

(a) Advising an arrestee or detainee as part of the booking process that foreign nationals have an Article 36 right to communicate

with an official from the consulate of the foreign national’s

consulate;

(b) Adopting, as appropriate, polices and procedures that reflect and abide by the principles set forth in model guidelines or standards

such as those promulgated by the United States Department of

State or by the Commission on Accreditation of Law Enforcement

Agencies, regarding compliance with the Vienna Convention

consular notification requirements;

(c) Taking steps to ensure that knowledge of these policies and procedures and of the right to consular notification is disseminated

to federal, state, and local law enforcement personnel;

(d) Taking steps to ensure that a magistrate or judge informs a defendant at the first appearance that foreign nationals have an

Article 36 right to communicate with an official from the

consulate of the foreign national’s consulate;

(e) Providing training for prosecutors, defense counsel, judges and law enforcement personnel as to United States’ obligations under

Article 36;

(f) Taking steps to ensure that for countries on the mandatory notification list, that mandatory notification does occur in all

cases; and

FURTHER RESOLVED, That the American Bar Association urges

prosecutors and criminal defense attorneys to become knowledgeable about

the Vienna Convention’s consular notification requirements and work to

ensure effective exercise of those rights by foreign national defendants,

including through the following measures:

(1) For prosecutors, assuming a responsibility to verify that a foreign national criminal defendant has been informed of the right to consular

notification, and verifying that any request has been honored or that

mandatory notification requirements have been met;

(2) For criminal defense attorneys in all cases, complying fully with ABA Guideline 10.6 “Additional Obligations of Counsel Representing a

Foreign National” contained in the ABA Guidelines for the

Appointment and Performance of Defense Counsel in Death Penalty

Cases (rev. 2003); and

FURTHER RESOLVED, That the American Bar Association urges state and

territorial bar associations, in matters involving foreign national defendants,

to establish local links with consulates in the United States to assist the

consulates in finding counsel for foreign national defendants, to provide other

appropriate assistance to the consulates, to seek periodic assessments from

consulates as to compliance with Article 36 by the United States and state and

local governments, and to work with the consulates to propose and implement

any necessary reforms and improvements.

2010 AY 116 Good practice guidance to

detect and combat money

laundering and terrorist

financing

RESOLVED, That the American Bar Association acknowledges and supports

United States Government efforts to combat money laundering and terrorist

financing;

FURTHER RESOLVED, That the American Bar Association observes that

voluntary, risk-based, and updated guidance would assist legal professionals

to avoid money laundering and terrorist financing risks when providing

services to clients;

FURTHER RESOLVED, That the American Bar Association adopts the

Voluntary Good Practices Guidance for Lawyers to Detect and Combat

Money Laundering and Terrorist Financing (“Good Practices Guidance”); and

FURTHER RESOLVED, That the American Bar Association encourages

state, local, and specialty bar associations to embrace the Good Practices

Guidance and to educate legal professionals and law students regarding the

risks addressed by the Guidance.

2010 AY 115 Microstamping guns and

firearms

RESOLVED, That the American Bar Association urges federal, state and

territorial governments to enact laws requiring that all newly-manufactured

semi-automatic pistols be fitted with microstamping technology which would

ensure that when a firearm is fired, an alphanumeric and/or geometric code

would be stamped on the cartridge casing by way of the firing pin, breech

face or other internal surfaces of the firearm, that would enable law

enforcement to identify the serial number of the pistol and hence the first

known purchaser of a weapon used in a crime.

2010 AY 109A Right to counsel in juvenile

status offense proceedings

RESOLVED, That the American Bar Association urges state, local,

territorial, and tribal governments to provide legal counsel to children and/or

youth at all stages of juvenile status offense proceedings, as a matter of right

and at public expense.

2010 AY 100A Transparency of DOJ

investigations of alleged

attorney misconduct

RESOLVED, That the American Bar Association urges the United States

Department of Justice (the “Department”) to:

(a) Continue in its commitment to investigate allegations of professional misconduct on the part of the Department’s lawyers;

(b) Release as much information regarding completed individual investigations as possible, consistent with privacy interests and law

enforcement confidentiality concerns;

(c) Publish annual reports of completed investigations that inform the public of conduct by government lawyers found to be proper or to

constitute a violation of the rules of professional conduct; and

(d) Report any violation of the rules of professional conduct to appropriate disciplinary authorities of the jurisdictions where the

involved lawyer is admitted to practice.

2010 AY 100B Differentiation between

prosecutorial error and

misconduct

RESOLVED, That the American Bar Association urges trial and appellate

courts, in criminal cases, when reviewing the conduct of prosecutors to

differentiate between “error” and “prosecutorial misconduct.”

2010 AY 100C Funding public defenders

offices for advice regarding

immigration consequences

of criminal proceedings

RESOLVED, That the American Bar Association urges federal, state,

territorial, tribal and local governments to provide funding to state and federal

public defender offices and legal aid programs specifically for the provision

of advice about the immigration consequences of criminal proceedings to

indigent non-U.S. citizen defendants, and about any available relief from such

consequences.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local bar associations to provide training to prosecutors,

judges, criminal defense lawyers, and legal aid lawyers in the immigration

consequences of criminal proceedings and available relief, and in the duty of

defense attorneys to advise defendants about such consequences, as set forth

by the Supreme Court of the United States in Padilla v. Kentucky.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local bar associations to provide pro bono or reduced fee

support services to public defender and legal aid organizations in counseling

indigent defendants as to the immigration consequences of criminal

convictions.

2010 AY 100D Funding to improve and

develop forensic science

disciplines

RESOLVED, That the American Bar Association urges federal, state, local,

tribal and territorial governments to provide sufficient funding and resources

necessary to accomplish the following goals:

1. Facilitate basic and applied scientific research to improve and/or further develop forensic science disciplines, especially where the

scientific validation or the limits of specificity are unclear or in doubt;

2. Annually assess and establish a prioritized agenda of research, development and other needs; identify and evaluate already existing

but not yet published research to forensic science disciplines and make

such research publicly available; and

3. Enable the development of future forensic technologies and methods that will assist in answering questions posed in criminal investigations

or that will increase laboratory capacity to meet the demand for

forensic science services and the means to meet such demands.

2010 AY 100E Funding to examine existing

standards, accreditation, and

certification for laboratories,

examiners and forensic

science providers

RESOLVED, That the American Bar Association urges the federal

government to provide funding and resources sufficient to:

1. Facilitate the examination of existing standards, accreditation (such as ISO 17025), and certification for (a) laboratories, government and

private, (b) examiners/analysts, in government and private

laboratories, and (c) identified forensic science service providers who

offer examination conclusions and/or interpretations of forensic

laboratory results. The examination should include a review of

applicable timelines and enforcement provisions for implementation

and compliance with such standards, accreditation, or certification

criteria. Further the examination should identify gaps and issues

existing within such standards and criteria for accreditation and

certification. The findings of such examination should be made

publicly available.

2. Facilitate the development by existing accreditation and certification boards and organizations of effective and enforceable programs for

laboratory accreditation and the certification of qualified laboratory

analysis, examiners, pathologists, identified forensic science service

providers and others who offer examination conclusions or

interpretations.

3. Facilitate efforts to obtain uniformity in standards across state and territorial borders which promote validated protocols and the use of

“best practices” for analysis by discipline and method, including, but

not limited to, such quality assurance and quality control measures as

internal peer review; maintenance of appropriate testing or

examination documentation to facilitate external peer review by other

experts; internal and external performance audits; regular proficiency

testing; and corrective action procedures when proficiency testing or

case work errors are discovered;

4. Facilitate the development and adoption of standards and common terminology for the clear communication of scientific testing results

including, wherever possible, uniform report content within

disciplines;

5. Adopt legislation or provide for the creation of standards that will reasonably ensure public and private laboratory management and staff

are free from undue pressure, internal or external, commercial,

financial, or otherwise, that may affect the quality or integrity of the

laboratory examination or analysis;

6. Coordinate the development of a national code of ethics for the forensic sciences among forensic science organizations, government

laboratories and the broader scientific community; and facilitate

incorporation of such a code of ethics into the accreditation and

certification system with mechanisms in place to provide for

enforcement and compliance;

7. Conduct research into the study of human error, contextual and conformational bias and methods and strategies for overcoming such

limitations with the goal of informing the development of applicable

standards;

8. Establish a process to regularly assess the adequacy of existing forensic education and training programs (at all levels) across

disciplines against recognized standards, accreditation and

certification criteria, “best practices,” and protocols; and define an

enforcement mechanism for remediation of identified deficiencies.

This assessment should take into consideration whether such training

or education in the forensic disciplines includes (a) relevant research,

(b) changes or modifications to standards for laboratory accreditation,

(c) examiner certification, (d) new and developing technologies and

protocols for their use, and (e) ethical issues pertinent to the role of the

forensic practitioners;

9. Provide necessary incentives to encourage students in the physical and life sciences to pursue studies in fields critical to forensic sciences;

develop funding mechanisms and incentives to encourage students to

enter into study in the forensic sciences including forensic pathology

and other enhanced undergraduate, graduate and post-graduate

educational opportunities; and

10. Facilitate the implementation of training in forensic science for law enforcement, lawyers and judges, in such subjects as the scientific

method, forensic science disciplines, relevant standards, laboratory

accreditation, certification, ethics, and quality assurance and quality

control measures.

2010 AY 100F Support for the integration

of the forensic science

community into the nation’s

homeland security system

RESOLVED, That the American Bar Association strongly urges the federal

government to provide the funds, resources and other support necessary to

effectively integrate the forensic science community into the nation’s system

of homeland security.

2010 AY 100G Mandatory accreditation,

certification, or professional

practice standards for

medico-legal death

investigations

RESOLVED, That the American Bar Association urges federal, state and

territorial governments to provide funding and enact legislation necessary to

support requiring that all offices charged with conducting medico-legal death

investigation meet mandatory accreditation, certification or professional

practice standards within a reasonable time frame; that in consultation and

collaboration with the National Institutes of Health and the Center for Disease

Control and Prevention (CDC), the National Association of Medical

Examiners, and the American Board of Medico-legal Death Investigators, the

federal government provide for the development of appropriate standards;

require that, when possible, all death investigations be conducted under the

supervision of a board certified forensic pathologist; and ensure that all death

investigation facilities meet current CDC requirements. If no board certified

forensic pathologist is reasonably available, a death investigation shall be

conducted by the most experienced forensic pathologist who is reasonably

available and may be submitted for review to a board certified forensic

pathologist.

2010 AY 100H Legislation to achieve

nationwide interoperability

of the Automated

Fingerprint Identification

System

RESOLVED, That the American Bar Association urges Congress to enact

legislation and authorize and appropriate funds necessary to achieve

nationwide interoperability of the Automated Fingerprint Identification

System (AFIS); adopt methods for improving the effectiveness of the

National Integrated Ballistic Information Network (NIBIN) through

operational and technological improvements; develop and implement training

for law enforcement offices and evidence collection units in optimizing the

effectiveness of NIBIN; and facilitate the development and implementation of

a systems interoperability strategy for current and future forensic database

systems.

2010 AY 100I Assuring criminal

defendants are able to

obtain testing of evidence

and provision of expert

testimony or assistance

RESOLVED, That the American Bar Association urges federal, state, local,

and territorial governments, legislative bodies and courts to provide the funds

and other resources necessary to assure that in criminal cases an accused (1) is

able to obtain the testing or re-testing of evidence, when feasible, by qualified

expert and (2) is provided expert testimonial or other assistance when

necessary to assure a fair trial or sentencing proceeding.

2011 MY 103 RESOLVED, That the American Bar Association urges states and territories

to adopt the Model State Code of Military Justice and the Model Manual for

Courts-Martial to provide an updated body of law for military forces not

subject to the Uniform Code of Military Justice when military forces are

serving under the exclusive jurisdiction of Chapter 47 of Title 10, United

States Code.

2011 MY 107A Supporting Education

programs to reduce

bullying, cyber bullying and

sexual harassment of youth

RESOLVED, That the American Bar Association urges federal, state, tribal,

territorial, and local officials, to prevent and remediate the existence and

dangers of bullying, including cyberbullying and youth-to-youth sexual and

physical harassment, by

(1) Defining these acts and developing education programs to assist teachers, parents, and children in identifying victims and enhancing

appropriate interventions,

(2) Analyzing existing laws and policies designed to prevent and respond to these acts and adopting and/or revising them as appropriate,

(3) Monitoring the effectiveness of measures to prevent these acts and fostering interventions successfully implemented to reduce and

respond to them,

(4) Providing training, (5) Reporting on collected data, (6) Providing appropriate notice of bullying incidents to the families of

involved youth, and having those families participate, when

appropriate, in bullying prevention and intervention efforts, and

(7) Affording institutional protections particularly for those children at risk of these acts resulting from actual or perceived characteristics

such as race, religion, national origin, sex, disability, sexual

orientation, or gender identity.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and local, officials and school administrators to adopt policies

that discourage (1) inappropriate referral of youth to the juvenile justice

system for acts of bullying and student-on-student harassment, and (2)

inappropriate use of expulsion and out-of-school suspension for such acts.

FURTHER RESOLVED, That the American Bar Association urges

government, private, and academic institutions to fund programs, research

and evaluation that addresses prevention of and responses to these acts,

including efforts to study and enhance evidence-based and culturally and

linguistically competent approaches.

FURTHER RESOLVED, That the American Bar Association urges all law

enforcement agencies to cooperate with the FBI’s data collection program

related to hate crimes committed by and against juveniles under the Matthew

Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009.

FURTHER RESOLVED, That the American Bar Association urges Internet

Service Providers and social networking platforms to adopt Terms of Service

that define and prohibit cyberbullying and cyber hate.

FURTHER RESOLVED, That the American Bar Association urges school

districts to follow the October 2010 U.S. Department of Education Office of

Civil Rights “Dear Colleague” letter on bullying and harassment, and the

Department to monitor compliance with the letter’s guidelines and more

aggressively utilize federal and state civil rights protection authority under

Title IX of the Education Amendments of 1972, Title VI of the Civil Rights

Act of 1964, and Section 504 of the Rehabilitation Act.

FURTHER RESOLVED, That the application of bullying, cyberbullying, and

related laws and policies should not be used to compromise the protected First

Amendment free speech rights of students.

2011 MY 107B Creation of teen courts as an

alternative to juvenile court

proceedings

RESOLVED, That the American Bar Association urges federal, state,

territorial, tribal and local governments to create and provide appropriate

support for Youth or Teen Courts that, through a nondiscriminatory peer-

driven restorative justice process involving family members, diverts youth

from the formal consequences of juvenile court petitions, proceedings,

adjudications, or juvenile justice sanctions by:

a) Providing civic education for all participants that builds respect for the rule of law and the legal process, including mentorship and

community service opportunities;

b) Permitting program referrals from prosecutors, probation departments and police, as well as from the courts, and not limiting program

eligibility to first-time offenders;

c) Encouraging judges, lawyers, law students, civic organizations and businesses to recruit youth volunteers and to provide training, other

assistance and support to create, sustain and promote programs; and

d) Supporting national, state, and local research and evaluation on all aspects of these programs.

2011 MY 117 Clarification of the conflict

minerals section of Dodd-

Frank Act

RESOLVED, That the American Bar Association urges Congress to amend

clause (A) of Subsection (2) of Section 13(p) of the Securities Exchange Act

of 1934 (15 U.S.C. § 78m(p)) to read in its entirety as follows: “the person is

a registrant that files reports with the Commission under Sections 13(a) (15

U.S.C. § 78m(a)) or 15(d) (15 U.S.C. §78o(d)) of the Securities Exchange Act

of 1934, and”.

2011 MY 104A Disclosure checklist

procedure in criminal cases

RESOLVED, That the American Bar Association urges federal, state,

territorial, tribal, and local courts to adopt a procedure whereby a criminal

trial court shall, at a reasonable time prior to a criminal trial, disseminate to

the prosecution and defense a written checklist delineating in detail the

general disclosure obligations of the prosecution under Brady v. Maryland,

373 U.S. 83 (1963), and its progeny and applicable ethical standards.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial, tribal, and local courts in implementing the above procedure

to require a criminal trial court to create a standing committee of local

prosecutors and criminal defense attorneys to assist the court in formulating

and updating the written checklist delineating in detail the prosecution’s

general disclosure obligations.

FURTHER RESOLVED, That any omissions or deficiencies in the written

checklist provided by the court should not relieve either the prosecutor or

defense counsel of their legal and ethical responsibilities with respect to

providing and seeking disclosures.

2011 MY 104B Equitable tolling of post-

conviction relief statute of

limitations

RESOLVED, That the American Bar Association urges Congress to amend

28 U.S.C. §§2241(d)(1) and 2255(f)(1) to provide for equitable tolling of the

one year statute of limitations for filing for post-conviction relief when the

prisoner shows good cause, including situations in which a prisoner who has

an attorney has timely requested the attorney to file a §2254 petition or §2255

motion, the attorney has failed to do so timely, and the prisoner has exercised

appropriate diligence in pursuit of his rights.

2011 MY 104C Reassessment of sentencing

for economic crimes under

the Federal Sentencing

Guidelines

RESOLVED, That the American Bar Association urges the United States

Sentencing Commission to complete a rigorous and comprehensive

assessment of the Federal Sentencing Guidelines for high loss economic

crimes to ensure that the Guidelines for such crimes are proportional to

offense severity and adequately take into consideration individual culpability

and circumstances by:

(1) Reevaluating the emphasis on (a) Monetary loss; and (b) Multiple specific offense characteristics that, in combination, tend

to overstate the seriousness of the offense; and

(2) Placing greater emphasis on (a) Mens rea and motive in relation to an offense; (b) The defendant’s role in the offense; (c) Whether and to what extent the defendant received a monetary

gain from the offense; and

(d) The nature of the harm suffered by victims.

FURTHER RESOLVED, That the American Bar Association urges the

United States Sentencing Commission to examine the ways that states with

sentencing guideline systems address economic crimes.

2011 MY 104D Expanded use of home

detention for juvenile

offenders

RESOLVED, That the American Bar Association urges federal, state, tribal,

local and territorial governments to use electronic monitoring and home

detention at government expense for juvenile offenders who are legally

eligible for secure detention but whose risk of flight or further offending does

not require secure pre-trial detention or incarceration.

2011 MY 116 Federal contracts provisions

and debarment

RESOLVED, That the American Bar Association opposes the adoption of

legislation by Congress that would mandate suspension or debarment of a

single entity or class from bidding on or receiving federal contracts and grants

without regard to the existing regulatory framework, which provides for

agency discretion in suspension and debarment determinations.

2011 MY 109C Uniform Electronic

Recordation of Custodial

Interrogations Act

RESOLVED, That the American Bar Association approves the Uniform

Electronic Recordation of Custodial Interrogation Act, promulgated by the

National Conference of Commissions on Uniform State Laws in 2010, as an

appropriate Act for those states desiring to adopt the specific substantive law

suggested therein.

2011 MY 10B Interception of federal tax

refunds to pay overdue state

court-ordered financial

obligations

RESOLVED, That the American Bar Association urges Congress to enact

legislation similar to H.R. 1956 and S. 3989 (111th Congress) that would

amend the federal tax code to let states recover overdue debts due to them,

including court-ordered victims’ restitution, fines, fees and costs, by

intercepting federal tax refunds that are due to the non-indigent debtors who

owe the debts to the state.

FURTHER RESOLVED, That the American Bar Association supports

enhancement of such an amendment only if it contains safeguards, standards,

and authorizations deemed necessary by the Treasury Department to promote

the efficient and cost-effective implementation of the program.

2011 AY 116 Lawyer disaster

preparedness

RESOLVED, That the American Bar Association urges all lawyers to

regularly assess their practice environment to identify and address risks that

arise from any natural or manmade disaster that may compromise their ability

to diligently and competently protect their clients’ interests, and maintain the

security of their clients’ property.

FURTHER RESOLVED, That the American Bar Association urges state,

territorial, local, tribal, and specialty bar associations to create committees

dedicated to emergency management planning and response.

2011 AY 109 Elimination of backlog in

rape kit analysis

RESOLVED, That the American Bar Association urges federal, state,

territorial, local, and tribal governments to enact legislation and support

appropriate funding to protect sexual crime victims’ rights by eliminating the

substantial backlog of rape kits collected from crime scenes and convicted

offenders through rape kit testing performed in accredited laboratories by

qualified personnel and following standardized procedures; and

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial, local, and tribal governments to adopt policy and/or

legislation supporting efforts to test every rape kit booked into police

evidence, where testing may identify the unknown assailant, can confirm the

presence of a known suspect’s DNA, corroborate a victim’s complaint or

testimony, or exonerate innocent suspects, and requiring such testing be

performed in accredited laboratories by qualified personnel and following

standardized procedures.

2011 AY 121 Voter registration RESOLVED, That the American Bar Association supports efforts to improve

voter registration practices by:

1) Ensuring the accuracy of voter registration rolls using existing government lists or databases.

2) Streamlining the procedures whereby changes in voter rolls and voter registration information are made.

FURTHER RESOLVED, That the American Bar Association urges

commitment by states and local election jurisdictions to develop the necessary

compatible technology and resources to improve their voter registration

practices.

FURTHER RESOLVED, That the American Bar Association urges federal

legislation or administrative action creating incentives to encourage election

jurisdictions to adopt the above improvements.

2011 AY 115 State standards in regulation

of permits to carry

concealed weapons

RESOLVED, That the American Bar Association urges federal, state,

territorial and local laws that give law enforcement or other appropriate

authorities broad discretion, in accordance with specified state standards and

subject to judicial review, to determine whether a permit or license to engage

in concealed carry should be issued in jurisdictions that allow the carrying of

concealed weapons, and opposes law that limit such discretion by mandating

the issuance of a concealed carry permit or license to persons simply because

they satisfy minimum prescribed requirements.

FURTHER RESOLVED, That the American Bar Association opposes federal

legislation that would force states to recognize permits or licenses to carry

concealed weapons issued in other states.

2011 AY 103A Human trafficking minor

victims

RESOLVED, That the American Bar Association urges state, tribal and

territorial legislatures to aid minors who are victims of human trafficking by:

a) Permitting their immediate protective custody as dependent children in suitable residential environments and, except in extreme and

compelling circumstances, not charging children under the 18 with the

crimes of engaging in prostitution or soliciting themselves, loitering

with the intent to engage in prostitution, or status offenses that are

incident to their trafficking situation;

b) Amending juvenile dependency laws by: 1) Making suspicion of trafficking victim status a basis for mandated

reporting to child protective services agencies and requiring their

services, for both citizen and non-citizen children, through

specialized child trafficking victim unites; and

2) Requiring screening and risk assessment for trafficking victimization whenever a youth enters a runaway or homeless

youth facility, juvenile justice system, or child welfare agency

custody;

c) Establishing programs of specialized short and long term safe housing, residential care facilities, and other services for prompt access by law

enforcement, public health officials, and child protective services;

…. GET REST OF TEXT

2011 AY 105C Gender responsive needs

assessment in prisons

RESOLVED, That the American Bar Association urges the Bureau of

Prisons, the U.S. Marshals Service, Immigration and Customs Enforcement,

and state, tribal, and local correctional authorities to develop and implement

gender-responsible needs assessments that account for women’s specific

needs, including parenting responsibilities, the importance of their

relationships, their histories of domestic violence and abuse, and their

distinctive patterns and prevalence of mental health issues.

FURTHER RESOLVED, That the American Bar Association urges that these

needs assessments link women to appropriate gender-responsive

programming, including programs targeted to address parenting

responsibilities, women’s histories of domestic violence and abuse, their

distinctive patterns and prevalence of mental health issues, substance abuse,

and its co-occurrence with trauma and mental health issues.

FURTHER RESOLVED, That the American Bar Association urges that

correctional authorities revise security risk assessments to avoid over

classification of women and to reflect actual security risk by using only

predictive static and dynamic gender-neutral risk factors, setting scale cut-off

points, and designing custody classification systems that fit agency missions.

FURTHER RESOLVED, That the American Bar Association urges that

correctional authorities address additional causes of female over

classification, where present, by training correctional officers on how to work

with female inmates, redefining the meaning of “maximum custody” for

female prisoners, and transitioning the majority of female inmates to a

community correctional paradigm.

2011 AY 105D Rules governing prosecutor

disclosure of information to

the defense

That the American Bar Association urges federal, state, territorial, local, and

tribal governments to adopt disclosure rules requiring the prosecution to seek

from its agents and to timely disclose to the defense before the

commencement of trial all information known to the prosecution that tends to

negate the guilt of the accused, mitigate the offense charged or sentence, or

impeach the prosecution’s witnesses or evidence, except when relieved of this

responsibility by a protective order.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial and tribal governments to adopt disclosure rules requiring the

prosecution to make timely disclosure to the defense before a guilty plea of

all information, known to the prosecution that tends to negate the guilt of the

accused or mitigate the offense charged or sentence, except when relieved of

this responsibility by a protective order.

2011 AY 105E Periodic review of law of

war detention cases

RESOLVED, That the American Bar Association urges the President and the

Department of Defense to assure that there is an opportunity for public notice

and comment with respect to the issuance of the rules for the periodic review

of continued law of war detention cases required by the President’s Executive

Order No. 13567, 76 Fed. Reg. 13277 (2011).

2011 AY 113A Blanket prohibitions on the

use of foreign or

international law

RESOLVED, that the American Bar Association opposes federal or state laws

that impose blanket prohibitions on consideration or use by courts or arbitral

tribunals of foreign or international law.

FURTHER RESOLVED, That the American Bar Association opposes federal

or state laws that impose blanket prohibitions on consideration or use by

courts or arbitral tribunals of the entire body of law or doctrine of a particular

religion.

2011 AY 123 Model Time Standards for

State Courts

RESOLVED, That the American Bar Association adopts the Model Time

Standards for State Courts, dated August 2011; and

FURTHER RESOLVED, That the American Bar Association urges state

judicial systems to adopt and implement the Model Time Standards for State

Courts while recognizing in criminal cases that any time standards must

acknowledge the caseloads of prosecutors and defense counsel and avoid any

rush to case disposition that might compromise justice.

2011 AY 10A National Instant Criminal

Background Check System

RESOLVED, That the American Bar Association urges applicable

governmental entities to take all appropriate measures to ensure that the

National Criminal Instant Background Check System (NICS) is as complete

and accurate as possible, so that all persons properly categorized as prohibited

persons under 18 U.S.C. §922(g) are included in the NICS system;

FURTHER RESOLVED, That the American Bar Association urges the

United States Department of Justice to immediately rescind its memorandum

that advises other federal agencies that they need not report to the Federal

Bureau of Investigation (FBI), for inclusion in the NICS system, persons who

fail voluntary drug tests, including applicants to the military who are rejected

for military service because they have been deemed to be drug abusers, and

likewise urges the United States Department of Defense and any other federal

agencies to immediately rescind any similar policies they have in effect;

FURTHER RESOLVED, That the American Bar Association urges the

United States Department of Justice, and its Bureau of Alcohol, Tobacco,

Firearms, and Explosives, to revise existing policy to extend to up to five

years the time period that drug abusers and addicts should remain on the

NICS prohibited list;

FURTHER RESOLVED, That the American Bar Association supports the

rights of persons who are listed in the NICS system to administratively

challenge and seek judicial review of any such listing;

FURTHER RESOLVED, That the American Bar Association urges

applicable governmental entities to devote adequate resources to fund

complete and accurate implementation of the NICS system.

2012 MY 114 Expanded definition of rape

in the Uniform Crime

Summary Reporting

Program

RESOLVED, That the American Bar Association urges the Federal Bureau of

Investigation to implement expeditiously the expanded definition of rape in

the Uniform Crime Reporting Summary Reporting Program to include,

regardless of gender or presence of force, all forms of non-consensual

penetration of a vagina or anus and all forms of non-consensual penetration

by a sexual organ of any orifice.

2012 MY 113 Standards for Language

Access in Courts

RESOLVED, That the American Bar Association adopts the ABA Standards

for Language Access in Courts, dated February 2012;

FURTHER RESOLVED, That the American Bar Association urges that all

courts and other adjudicatory tribunals adopt a plan to accomplish

implementation of the Standards; and

FURTHER RESOLVED, That the American Bar Association urges federal

and state legislative and executive branches to provide adequate funding to

courts and other adjudicatory tribunals to fully implement language access

services.

2012 MY 101B Pretrial discovery

procedures for forensic

reports in criminal cases

RESOLVED, That the American Bar Association urges federal, state,

territorial, and local governments to adopt pretrial discovery procedures

requiring laboratories to produce comprehensive and comprehensible

laboratory and forensic science reports for use in criminal trials to include

identification of:

1. the procedures used in the analysis, 2. the results of the analysis, 3. the identity, qualifications, and opinion of the analyst, 4. the identity and qualifications of those who participated in the testing

including peer review or other confirmatory tests; and

5. Any additional information that court bear on the validity of the test results, interpretation or opinion.

2012 MY 101C Manner in which expert

testimony should be

presented to a jury

RESOLVED, That the American Bar Association urges judges and lawyers to

consider the following factors in determining the manner in which expert

testimony should be presented to a jury and in instructing the jury in its

evaluation of expert scientific testimony in criminal and delinquency

proceedings:

1. Whether experts can identify and explain the theoretical and factual basis for any opinion given in their testimony and the reasoning upon

which the opinion is based.

2. Whether experts use clear and consistent terminology in presenting their opinions.

3. Whether experts present their testimony in a manner that accurately and fairly conveys the significance of their conclusions, including any

relevant limitations of the methodology used.

4. Whether experts explain the reliability of evidence and fairly address problems with evidence including relevant evidence of laboratory

error, contamination, or sample mishandling.

5. Whether expert testimony of individuality or uniqueness is based on valid scientific research.

6. Whether the court should prohibit the parties from tendering witnesses as experts and should refrain from declaring witnesses to be experts in

the presence of the jury.

7. Whether to include in jury instructions additional specific factors that might be especially important to a jury’s ability to fairly asses the

reliability of and weight to be given expert testimony on particular

issues in the case.

2012 MY 101D Jury instructions for expert

scientific testimony in

criminal cases

RESOLVED, That the American Bar Association urges judges and lawyers to

consider the following factors in formulating jury voir dire in criminal cases

where forensic science evidence is contested:

1. Jurors’ understanding of general scientific principles, including specialized training in science, knowledge or education in science and

experience with laboratory practices;

2. Jurors’ understanding of specific scientific principles relevant to the forensic science evidence that may be presented at trial, including

specialized training, knowledge or education in the specific scientific

discipline used in the case;

3. Any preconceptions that jurors may have about the forensic science evidence; and

4. Jurors’ bias for or against scientific evidence, including whether scientific results will be accepted or rejected without consideration.

2012 MY 101E Evaluation of public

housing rules for persons

with criminal records

RESOLVED, That the American Bar Association urges the federal

government to request that public housing authorities and other owners of

federally subsidized rental housing reevaluate their current rules regarding

admission, termination and additions to household to ensure that, while

resident safety is protected, those rules do not unfairly punish persons with

criminal records.

FURTHER RESOLVED, That the American Bar Association urges the

federal government to request public housing authorities and owners of

subsidized rental housing to report to the applicable federal agency on their

implementation plan for changes in housing rules and policies consistent with

this resolution.

2012 MY 101F Individual access to

therapeutic courts regardless

of custody or detention

status

RESOLVED, That the American Bar Association supports legislation,

policies, and practices that allow equal and uniform access to therapeutic

courts and problem-solving sentencing alternatives, such as drug treatment

and anger management counseling, regardless of the custody or detention

status of the individual.

FURTHER RESOLVED, That the American Bar Association urges that the

provisions of the Immigration and Nationality Act that are determined to be

ambiguous be construed in favor of the use of rehabilitative problem-solving

courts.

FURTHER RESOLVED, That the American Bar Association opposes

interpretations of, and amendments to, the Immigration and Nationality Act

that classify participation in, or the entry of a provisional plea upon

commencement of a drug treatment or other treatment program offered in

relation to problem-solving courts or other diversion programs as a

“conviction” for immigration purposes.

2012 MY 101G Jury instructions

understandable to persons

untrained in law in the

penalty phase of capital

cases

RESOLVED, That the American Bar Association urges federal, state and

territorial courts to adopt jury instructions, which are in language

understandable by jurors untrained in law and legal terms, in the penalty

phase of trials in which the death penalty may be imposed and such

instructions should be provided to jurors in written form.

2012 MY 115 Access to justice RESOLVED, That the American Bar Association supports and encourages

the continued efforts of solo, small firm, and general practice lawyers to

provide access to justice by delivery of legal services to those in need.

2012 MY 103 Data protection and privacy

laws of foreign sovereign

RESOLVED, That the American Bar Association urges that, where possible

in the context of the proceedings before them, U.S. federal, state, territorial,

tribal and local courts consider and respect, as appropriate, the data protection

and privacy laws of any applicable foreign sovereign, and the interests of any

person who is subject to or benefits from such laws, with regard to data

sought in discovery in civil litigation.

2012 AY 111 Physician/patient discussion

of risk of gun injury

RESOLVED, That the American Bar Association opposes governmental

actions and policies that limit the rights of physicians and other health care

providers to inquire of their patients whether they possess guns and how they

are secured in the home or to counsel their patients about the dangers of guns

in the home and safe practices to avoid those dangers.

2012 AY 106C Court-focused elder abuse

initiatives

RESOLVED, That the American Bar Association urges state, territorial,

tribal, and local courts and community organizations to collaborate in

establishing court-focused elder abuse initiatives that serve victims or

potential victims of elder abuse through either a court or a court-based

program, or a program conducted in partnership with a court.

FURTHER RESOLVED, That the American Bar Association urges such

court-focused elder abuse initiatives to, as appropriate for each initiative and

each jurisdiction, implement the following principles:

(1) Foster improved handling of elder abuse cases by the court and justice system;

(2) Have a positive impact on victims; (3) Strengthen intra-court coordination of cases involving elder abuse; (4) Be vigilant in assessing and addressing conflicts of interest and other

ethical issues;

(5) Foster judicial leadership in the community’s response to elder abuse;

(6) Create professional and public awareness of the initiative’s services and of elder abuse; and

(7) Strive to institutionalize the initiative within the court or community organization.

FURTHER RESOLVED, That the American Bar Association urges all courts

and community organizations involved in court focused elder abuse initiatives

to develop comprehensive plans for collecting data for purposes of program

administration and evaluation.

2012 AY 109B Regulatory cooperation with

relevant foreign authorities

RESOLVED, That the American Bar Association urges federal agencies to

pursue regulatory cooperation with relevant foreign authorities where

appropriate and consistent with their legal authority, statutory mandates, and

regulatory missions.

FURTHER RESOLVED, That the American Bar Association urges federal

agencies to:

1) Work with their foreign counterparts to develop common regulatory agendas, harmonized regulatory standards, information exchanges,

and mutual recognition of tests and inspections;

2) Strengthen relationships with foreign counterparts by providing training and technical assistance where such assistance is requested;

3) Promote in these cooperative efforts the core principles of sound administrative and regulatory process;

4) Seek early input from representatives of affected interests when engaged in discussions with foreign regulators, and, where

appropriate, publicly disclose the substance of the international

discussions;

5) Recommend corrective legislation to Congress where there is insufficient legal authority to permit the regulatory cooperation

contemplated; and

6) Coordinate and share information among sister federal agencies to facilitate regulatory cooperation with foreign counterparts, including

through the Regulatory Working Group chaired by the Office of

Information and Regulatory Affairs in the Office of Management and

Budget.

2012 AY 107A Child sexual abuse criminal

statutes of limitations

RESOLVED, That the American Bar Association urges federal, state,

territorial, and tribal governments to review child sexual abuse criminal

statutes of limitations to determine, despite problems such as faded memory

and deterioration of evidence, whether special factors including the age of the

victim, inability to report, and abuse of trust, warrant extending the statute of

limitations applicable to said crimes.

2012 AY 107B Prosecutor strategies to

protect the public

RESOLVED, That the American Bar Association urges federal, state, local

and territorial prosecutors to:

(1) continue or develop programs designed to protect crime victims and witnesses from threats, intimidation, and injury by security and

enforcing orders of protection, vigorously prosecuting any instances

of intimidation, and implementing plans for witness safety;

(2) mitigate, whenever feasible and appropriate, any adverse collateral consequences to crime victims and witnesses that may results from

their participation in the criminal justice process, including those

related to immigration, housing, and employment;

(3) support the development and application of evidence-based diversion, probation and re-entry programs based upon information objectively

proven to increase public safety, reduce recidivism and provide

restorative justice and restitution to victims and thereby promote

public confidence that the criminal justice system is fair and effective;

(4) collaborate with members of the community and community-based social service providers to develop and implement crime-prevention

and other pro-active initiatives targeted at youth and other at-risk

groups who pose a risk to community security;

(5) consider and, when appropriate, utilize a variety of remedies designed to reduce crime and promote justice, including the issuance of grand

jury and analytic reports, proposals for legislative reform, civil suits

seeking monetary and injunctive relief, and requests for court-

mandated trusteeships or monitors for corrupt institutions; and

(6) utilize the latest advancements in science and technology to seek to identify and convict guilty defendants and to ensure that innocent

individuals are neither prosecuted nor wrongly convicted;

(7) implement new technologies to improve data collection and analysis, and also to share information, when appropriate with other agencies

and the public, to demonstrate that decision-making is based on sound

information and data, as well as on sound concepts of fairness, justice

and ethics;

(8) seek to ensure that all pleas of guilty or nolo contendere are knowingly, intelligently and voluntarily entered in conformity with

constitutional requirements by informing a court before whom such

plea is entered of any perceived procedural defects or omissions and

asking the court to take corrective action before accepting a plea; and

(9) support an effort to identify the strengths and weaknesses of current forensic science methods that will set an agenda for basic and applied

research to fill in the gaps between forensic practice and sound

scientific supports.

FURTHER RESOLVED, That the American Bar Association urges

governments, foundations, and other funders of legal services to support, with

increased funding, prosecutors who develop and implement a broad range of

strategies to fulfill their responsibilities.

2012 AY 107C Client’s inter-related

criminal, civil, and non-

legal problems

RESOLVED, That the American Bar Association urges defender

organizations, and criminal defense lawyers to:

1) Establish and facilitate criminal defense lawyers’ linkages and collaborations with civil practitioners, civil legal services

organizations, social service program providers and other non-lawyer

professionals who can serve, or assist in serving, clients in criminal

cases with civil legal and non-legal problems related to their criminal

cases, including the hiring of such professionals as experts, or where

infrastructure allows, as staff;

2) Authorize and encourage criminal defense lawyers to provide re-entry and reintegration services to clients in criminal cases including

Expungement, reestablishment of rights and certificates of reliefs of

civil disabilities; and

3) Create and implement training programs, tools and resources for criminal defense lawyers and their staff regarding how best to serve

clients with civil legal and non-legal problems related to their criminal

cases.

FURTHER RESOLVED, That the American Bar Association urges

governments, foundations, and other funders of legal services to support, with

increased funding, defenders in their efforts to effectively address clients’

inter-related criminal, civil and non-legal problems.

2012 AY 107D De novo review of death

penalty claims of ineffective

assistance of counsel

RESOLVED, That the American Bar Association urges Congress to amend

28 U.S.C. 2254(d) to require a federal district court to review de novo, based

on the record made in the federal court, claims of ineffective assistance of

counsel, by petitioners under sentence of death.

2012 AY 116 Racial and ethnic profiling

based on religious affiliation

RESOLVED, That the American Bar Association amends the 2008 policy

regarding racial and ethnic profiling as follows:

RESOLVED, That the American Bar Association urges federal, state, local

and territorial governments to enact effective legislation, policies, and

procedures to ban law enforcement’s use of racial and/or ethnic

characteristics and/or religious affiliation (perceived or known) not justified

by specific and articulable facts suggesting that an individual may be engaged

in criminal behavior, hereinafter termed “racial, ethnic, and religious

profiling.” Racial, ethnic and religious profiling does not include the use of

racial or ethnic characteristic or characteristics indicative of religious

affiliation (such as traditional religious dress) as part of a physical description

of a particular person observed by police or other witnesses to be a participant

in a crime or other violation of law.

FURTHER RESOLVED, That the American Bar Association urges that such

legislation, polices, and procedures, except when impractical due to the small

size or other characteristics of a law enforcement agency, should require:

1. That law enforcement agencies have written policies, training, and supervision necessary to effectively implement the ban and funding

necessary for these purposes;

2. Data collection, on all police stops and searches, whether of drivers and their vehicles or pedestrians;

3. Where feasible, independent analysis of data collected, and publication of both the data and the analysis; and

4. Funding for police agencies to be made contingent on compliance with these requirements.

2012 AY 301 Tribal jurisdiction

addressing crimes of

domestic violence

RESOLVED, That the American Bar Association urges Congress to

strengthen tribal jurisdiction to address crimes of gender-based violence on

tribal lands that are committed by non-Indian perpetrators who have specific

ties to the tribe, while ensuring that the following due process rights are

provided: (1) rights of defendants at least equivalent to the rights set forth in

section 234(c) of the Tribal Law and Order Act, Public Law 111-211 or (2)

current federal habeas corpus review, (3) and tribal court sentencing

limitations;

FURTHER RESOLVED, That the American Bar Association urges Congress

to strengthen tribal jurisdiction to address crimes of gender-based violence

committed on tribal lands in the reauthorization of the Violence Against

Women Act.

2013 MY 110B Efforts to increase

disclosure of political and

campaign spending

RESOLVED, That the American Bar Association supports efforts to increase

disclosure of political and campaign spending and urges Congress to require

organizations that are not already required to do so by current law as

interpreted and applied by the Federal Election Commission to disclose (a)

the source of funds used for making electioneering communications and

independent expenditures as defined in federal campaign finance law, subject

to such reasonable threshold limits as may be necessary to avoid infringing on

any implicated Constitutional interests such as the right of free association,

and (b) the amounts spent for such communications and expenditures, in

public disclosure reports filed with the Federal Election Commission

according to requirements under the Federal Election Campaign Act and

regulations thereunder that are applied consistently without respect to the

nature of the entity making the communication.

2013 MY 104A Establishment of a national

center for defender services

RESOLVED, That the American Bar Association urges Congress to establish

an independent federally funded Center for Indigent Defense Services for the

purpose of assisting state, local, tribal and territorial governments in carrying

out their Constitutional obligation to provide effective assistance of counsel

for the defense of the indigent accused in criminal, juvenile, and civil

commitment proceedings, and to appropriate sufficient funds for the Center to

successfully carry out its mission.

2013 MY 104C Protection of chief public

defender determination of

caseload

RESOLVED, That the American Bar Association urges state, territorial and

tribal governments to enact legislation to prohibit the retaliatory discharge of

a Chief Public Defender or other head of an indigent defense services

provider because of his or her good faith effort to control acceptance of more

clients than the office can competently and diligently represent, in accordance

with their ethical obligations.

2013 MY 104D Federal funding for state

and local prosecutor training

RESOLVED, That the American Bar Association urges the federal

government to restore, maintain and where appropriate increase funding to

organizations which provide training to state and local prosecutors, to better

promote justice, increase public safety, and prevent wrongful convictions.

2013 MY 104E Defense counsel duty to

advise juveniles regarding

immigration status

RESOLVED, That the American Bar Association urges federal, state,

territorial, tribal, and local courts to:

(a) Ensure that defense counsel for a juvenile in a criminal or juvenile adjudication of delinquency proceeding:

1. Inquires and investigates the juvenile defendant’s actual immigration status and informs the client about the immigration

penalties and/or consequences that may stem from the case, the

varying consequences that may flow from different dispositions of

the case, and the availability of any relief from possible

consequences; and

2. Seeks, when practicable, to minimize adverse immigration consequences, according to the best interests of the client.

(b) Inform non-U.S. citizen juvenile defendants as early as possible in the court process, but in all cases at the plea colloquy, of their right to

advice regarding the immigration penalties and/or consequences that

may stem from the case, the varying consequences that may flow from

different dispositions of the case, and the availability of any relief

from possible consequences; and

(c) Ensure, without infringing attorney-client privilege and without inquiring into the juvenile’s immigration status unless alienage is an

element of the charge, that a juvenile’s plea to any offense is

knowingly, voluntarily, and intelligently made ,and that the juvenile is

aware of the right to obtain and has had the opportunity to obtain

advice regarding the immigration penalties and/or consequences that

may stem from the case, the varying consequences that may flow from

different dispositions of the case, and the availability of any relief

from possible consequences.

FURTHER RESOLVED, That the American Bar Association urges legal

service organizations, federal, state, and local bar associations, and other legal

assistance providers to:

(a) Provide training to judges, prosecutors, criminal defense lawyers, and legal aid lawyers about the immigration consequences of criminal

convictions and juvenile adjudications of delinquency and any

available relief from such consequences, and in the duty of defense

attorneys to fully address immigration consequences in their

representation of juveniles; and

(b) Support efforts to provide necessary resources to defense counsel and defender agencies and organizations to provide their noncitizen

juvenile clients effective legal representation that effectively and

competently discharges their duty to fully address immigration

consequences in their representation of juveniles.

2013 MY 104F Non-arrest policies for non-

violence offenses by human

trafficking victims

RESOLVED, That the American Bar Association urges federal, state, local,

tribal and territorial governments to enact laws and regulations and to develop

policies that assure that once an individual has been identified as an adult or

minor victim of human trafficking, that individual should:

(a) Not be subjected to arrest, prosecution or punishment for crimes related to their prostitution or other non-violent crimes that are a direct

result of their status as an adult or minor victim of human trafficking;

(b) Be offered housing appropriate for a victim; (c) Be provided appropriate protection, to include the individual’s family,

if a threat to safety exists from the person or persons responsible for

the trafficking of others; and

(d) Be assured that their names and identifying information will not be disclosed to the public.

2013 MY 104G Affirmative defense for

non-violent offenses by

human trafficking victims

RESOLVED, That the American Bar Association urges local, state,

territorial, tribal and federal governments to enact legislation allowing adult

or minor human trafficking victims charged with prostitution related offenses

or other non-violent offenses that are a direct result of their being trafficking

to assert an affirmative defense of being a human trafficking victim.

2013 MY 104H Vacating convictions for

non-violent offenses by

human trafficking victims

RESOLVED, That the American Bar Association urges federal, state, local,

tribal and territorial governments to aid victims of human trafficking by:

(a) Enacting and enforcing laws and policies that permit adult or minor victims of human trafficking to seek to vacate their criminal

convictions, for offenses related to their prostitution or other non-

violent offenses that are a direct result of their trafficking

victimization; and

(b) Establishing and ensuring funding for programs designed to assist human trafficking victims who are seeking to vacate such convictions.

FURTHER RESOLVED, That the American Bar Association urges legal

service organizations, state and local bar associations, law school clinics, and

other legal assistance providers to develop pro bono programs and provide

pro bono representation to assist adult or minor victims of human trafficking

in vacating convictions for offenses that are a direct result of their trafficking

victimization.

2013 MY 104I Human trafficking victims

training

RESOLVED, That the American Bar Association urges federal, state, local,

tribal and territorial bar associations, working with judges, lawyers and other

professionals with subject matter expertise in human trafficking, to develop

and implement training programs for judges, prosecutors, defense counsel,

law enforcement officers, immigration officials, civil attorneys and other

investigators that will enable them to identify adult and minor victims of

human trafficking, enable them to direct victims and their families to agencies

that offer social and legal services and benefits designed to assist adult or

minor victims of human trafficking and enable them to communicate

effectively with adult and minor victims who have experienced trauma.

2013 MY 104J Model Grand Jury Charge RESOLVED, That the American Bar Association urges the Judicial

Conference of the United States to amend the Model Grand Jury Charge as

follows:

a) Delete paragraph 10 (which now reads: “Furthermore, when deciding whether or not to indict, you should not consider punishment in the

event of conviction.”);

b) Revise paragraph 23 (to read: “Frequently, charges are made against more than one person. It will be your duty to examine the evidence as

it relates to each person, and to make your finding as to each person.

In other words, where charges are made against more than one person,

you may indict only those persons who you believe properly deserve

indictment. You must remember to consider the charges against each

person separately.”); and

c) Revise paragraph (to read: “To return an indictment charging an individual with an offense, it is not necessary that you find that

individual guilty beyond a reasonable doubt. You are not a trial jury

and your task is not to decide the guilt or innocence of the person

charged. Your task is to determine whether the government’s evidence

as presented to you is sufficient to cause you to conclude that there is

probable cause to believe that the person being investigated

committed the offense charged. To put it another way, you may vote

to indict only where the evidence presented to you is sufficiently

strong to warrant a reasonable person’s belief that the person being

investigated is probably guilty of the offense charged.”

2013 MY 102A Uniform Asset Freezing

Orders

RESOLVED, That the American Bar Association approves the Uniform

Asset Freezing Orders Act, promulgated by the National Conference of

Commissioners on Uniform State Laws in 2012, as an appropriate Act for

those states desiring to adopt the specific substantive law suggested therein.

2013 AY 118 Cyber-attacks on lawyer and

law firm computer systems

RESOLVED, That the American Bar Association condemns unauthorized,

illegal governmental, organizational and individual intrusions into the

computer systems and networks utilized by lawyers and law firms;

FURTHER RESOLVED, That the American Bar Association urges federal,

states, local, territorial, and tribal governmental bodies to examine, and if

necessary, amend or supplement, existing laws to promote deterrence and

provide appropriate sanctions for unauthorized, illegal intrusions into the

computer systems and networks utilized by lawyers and law firms;

FURTHER RESOLVED, That the American Bar Association urges the

United States government to work with other nations and organizations in

both the public and private sectors to develop legal mechanisms, norms, and

policies to deter, prevent, and punish unauthorized, illegal intrusions in to the

computer systems and networks utilized by lawyers and law firms;

FURTHER RESOLVED, That while the American Bar Association supports

governmental actions, polices, practices and procedures to combat these

unauthorized, illegal intrusions into the computer systems and networks

utilized by lawyers and law firms, the ABA opposes governmental measures

that would have the effect of eroding the attorney-client privilege, the work

product doctrine, the confidential lawyer-client relationship, or traditional

state court regulation and oversight of lawyers and the legal profession; and

FURTHER RESOLVED, That the American Bar Association urges lawyers

and law firms to review and comply with the provisions relating to the

safeguarding of confidential client information and keeping clients reasonably

informed that are set forth in the Model Rules of Professional Conduct, as

amended in August 2012 and as adopted in the jurisdictions applicable to

their practice, and also comply with other applicable state and federal laws

and court rules relating to data privacy and cybersecurity.

2013 AY 115 Authorization of permanent

and temporary judgeships

RESOLVED, That the American Bar Association supports enactment of

comprehensive legislation to authorize needed permanent and temporary

federal 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.

FURTHER RESOLVED, That the American Bar Association urges the

President of the United States to advance nominees for current vacancies for

federal judicial positions promptly and the United States Senate to hear and

vote on those nominations expeditiously, with particular focus on the

vacancies in the federal districts with identified judicial emergencies so that

affected courts may adjudicate all cases in a fair, just and timely manner.

2013 AY 117 Human right to adequate

housing

RESOLVED, That the American Bar Association urges 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.

2013 AY 113A Enactment of legislation to

curtail “gay panic” defense

in criminal proceedings

RESOLVED, That the American Bar Association urges federal, state, tribal,

local, and territorial 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 such as murder and

assault on the grounds that the victim’s sexual orientation or gender identity is

to blame for the defendant’s violent reaction. Such legislative action should

include:

(a) Requiring courts in any criminal trial or proceeding, upon the request of a party, to instruct the jury not to let bias, sympathy, prejudice, or

public opinion influence its decision about the victims, witnesses, or

defendants based upon sexual orientation or gender identity; and

(b) Specifying that neither a non-violent sexual advance, nor the discovery of a person’s sex or gender identity, constitutes legally

adequate provocation to mitigate the crime of murder to manslaughter,

or to mitigate the severity of any non-capital crime.

2013 AY 113B Youth in the juvenile justice

system with co-occurring

mental health and substance

abuse disorders

RESOLVED, That the American Bar Association urges federal, tribal, state,

territorial, local, and municipal governments to enact legislation relating to

youth in the juvenile justice system with co-occurring mental health and

substance abuse disorders that increases:

(a) Grants for services for youth with such disorders that evaluate the effectiveness of prevention and treatment programs;

(b) Funding for local access to health care for such youth and their families; and

(c) Collaboration among agencies involved in juvenile justice, mental health and substance abuse treatment in providing effective forms of

locally-accessed and institutional treatment models.

FURTHER RESOLVED, That the American Bar Association urges federal,

tribal, state, territorial, local and municipal governments to review privacy

regulations with a view toward facilitating more effective treatment, and

avoiding further involvement with the juvenile justice system. Such review

should strive for fairness in considering youth privacy and informed co-

operation between agencies, youth and families in integrated prevention and

diversion out of the juvenile justice system and into treatment whenever

possible, and strive for responsible and fair sharing of information among

treating agencies for youth with co-occurring disorders.

2013 AY 113C Mandatory child abuse and

neglect reporting laws

RESOLVED, That the American Bar Association urges federal, state, local,

tribal and territorial governments to review their child abuse and neglect laws

to improve government responsiveness while respecting the rights of children

and families, and to determine what changes, if any, are appropriate,

including review of:

(a) Mandatory reporting requirements for child abuse and neglect; (b) Sanctions for failure to report child abuse and neglect, and for the

making of a maliciously false report;

(c) Adjustment of the penalties for endangering a child’s life through physical abuse, sexual abuse, and severe neglect; and

(d) Whether and how to extend civil immunity to those who in good faith participate or assist in child protective investigation and other child

protective actions.

FURTHER RESOLVED, That the American Bar Association urges each

jurisdiction, with the involvement of the state and local bar, to educate

professionals and members of the public on their obligations under child

abuse and neglect laws and on its definition and recognition.

2013 AY 113D Criminal offenses that lack

a mens rea requirement

RESOLVED, That the American Bar Association urges federal, state, local,

and territorial governments to re-examine strict liability offenses to determine

whether the absence of a mens rea element results in the imposition of

unwarranted punishment on defendants who lacked any culpable state of

mind in performing acts that were not malum in se, to prescribe specific mens

rea elements for all crimes other than strict liability offenses, and to assure

that no strict liability crimes permit a convicted individual to be incarcerated.

2013 AY 113E Opposition to plea or

sentencing waiver

agreements applying to the

effective assistance of

counsel, prosecutor

misconduct or destruction of

evidence

RESOLVED, That the American Bar Association opposes 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 instances of such conduct that

are specifically identified in the plea or sentencing agreement or transcript of

the proceedings; and

FURTHER RESOLVED, That a defendant must be provided independent

counsel before being permitted to waive those post-conviction claims of

ineffective assistance of counsel that are specifically identified in the plea or

sentencing agreement or transcript of the proceedings.

FURTHER RESOLVED, That the American Bar Association urges judges in

all jurisdictions to reject plea and sentencing agreements that include waivers

of a criminal defendant’s post-conviction claims addressing ineffective

assistance of counsel, prosecutorial misconduct or destruction of evidence

unless based upon past instances of such conduct that are specifically

identified in the plea or sentencing agreement or transcript of the proceedings.

2013 AY 101 Mental health and substance

use disorder treatment and

coverage under the

Affordable Care Act

RESOLVED, That the American Bar Association supports the rights of all

Americans, and particularly our nation’s veterans, to access adequate mental

health and substance use disorder treatment services and coverage as required

to be made available under federal and state law.

FURTHER RESOLVED, That the American Bar Association urges the

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.

FURTHER RESOLVED, That the American Bar Association urges Congress,

the federal Departments of Labor, Health and Human Services, and the

Treasury, and state and territorial legislative, regulatory and administrative

bodies, to ensure that, in the implementation of the health insurance parity

requirements of the Mental Health Parity and Addiction Equity Act of 2008

and in the essential health benefits provisions of the Patient Protection and

Affordable Car Act, a uniform and plain language disclosure of the terms of

coverage and criteria used in making coverage decisions is required across all

insurance plans and public benefit plans to ensure that all individuals are able

to make informed, appropriate choices in accessing coverage of mental health

and substance use disorder treatment services at parity with other health

benefits coverage.

2013 AY 107A Elimination of statutes of

limitation for certain human

rights crimes

RESOLVED, That the American Bar Association urges all countries,

consistent with international law, not to apply statutes of limitation with

respect to (1) genocide, (2) crimes against humanity, and (3) serious war

crimes.

2013 AY 114 Amendments to the

Electronic Communications

Privacy Act (“ECPA”)

RESOLVED, That the American Bar Association urges Congress to amend

the Electronic Communications Privacy Act (“ECPA”) to reflect the

technological and societal changes which have occurred since the original

passage of the statute.

FURTHER RESOLVED, That any ECPA amendments should include the

following:

A) A governmental entity may require an entity covered by ECPA (a provider of wire or electronic communication service or a provider of

remote computing service) to disclose communications that are not

readily accessible to the public only when a search warrant is issued

on a showing of probable cause, regardless of the age of the

communications, the means or status or their storage or the provider’s

access to or use of the communications in its normal business

operations.

B) A governmental entity may access, or may require a covered entity to provide, prospectively or retrospectively, location information

regarding a mobile communications device only when a warrant is

issued on a showing of probable cause.

C) A governmental entity may access, or may require a covered entity to provide, prospectively or in real time, dialed number information,

email to and from information or other data currently covered by the

authority for pen registers and trap and trace devise only after judicial

review and a court finding that the governmental entity has made a

showing at least as strong as the showing required under Section

2703(d) of the ECPA.

D) Where the Stored Communications Act authorizes a subpoena to acquire information, a governmental entity may use such subpoenas

only for information related to a specified account(s) or individual(s).

All non-particularized requests must be subject to prior judicial

approval.

2013 AY 103 Attorney client privilege

protection for law firm

consultations with in-house

counsel

RESOLVED, That the American Bar Association urges all federal, state,

tribal, territorial, and local legislative, judicial and other governmental bodies

to support the following principles that:

(a) The attorney-client privilege applies to protect from disclosure confidential communications between law firm personnel and their

firms’ designated in-house counsel made for the purpose of

facilitating the rendition of professional legal services to the law firm

(including any legal advice provided by such counsel) to the same

extent as such confidential communications between personnel of a

corporation or other entity and that entity’s in-house counsel would be

protected;

(b) Any conflict of interest arising out of a law firm’s consultation with its in-house counsel regarding the firm’s representation of a then-current

client and a potentially viable claim the client may have against the

firm does not create an exception to the attorney-client privilege;

(c) The “fiduciary exception” to the attorney-client privilege (for a fiduciary’s communications seeking legal advice regarding ordinary

affairs of the fiduciary office), if recognized by the jurisdiction, does

not apply to confidential communications between law firm personnel,

acting on behalf of the law firm in its individual capacity, and the

firm’s in-house or outside counsel, even if those communications

regard the law firm’s own duties, obligations, and potential liabilities

to a current client; ;and

(d) As a reaffirmation of existing Association policy, confidential communications between personnel of a corporation or other entity

and that entity’s in-house counsel should be protected by the attorney-

client privilege to the same extent as confidential communications

with outside counsel would be protected.

2013 AY 10E Voting Rights Act

restoration

RESOLVED, That the American Bar Association urges the United States

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, including but not

limited to, strengthening the litigation remedy available under Section 2, or

expanding the “bail-in” provision under Section 3 (or some combination of

these concepts), in response to Shelby County v. Holder.

2014 MY 107 Homelessness, human

rights, food

RESOLVED, That the American Bar Association urges governments to

promote the human right to adequate food and nutrition for all through

increased funding, development and implementation of strategies to prevent

infringement of that right.

FURTHER RESOLVED, That the American Bar Association urges the

United States government to make the realization of a human right to

adequate food a principle objective of U.S. domestic policy.

2014 MY 106 Judicial system security

protocols

RESOLVED, That the American Bar Association urges all state, local, and

territorial legislative bodies and governmental agencies to adopt laws and

policies providing for the development and funding of adequate judicial

system security protocols to promote access to the fair and impartial

administration of justice and to prevent acts of violence related to the justice

system.

FURTHER RESOLVED, That the American Bar Association urges state,

local, and territorial courts to engage in comprehensive reviews of each

court’s respective judicial system security needs, to create and regularly

review judicial system security protocols that fulfill those needs, and to seek

the funding necessary to implement those protocols.

FURTHER RESOLVED, That the American Bar Association encourages the

development of resources to educate those who participate in the justice

system how to identify potential security threats related to the administration

of justice, and how to be effective first responders in the event of an incident

of violence.

2014 MY 109B Adoption of evidence-based

approaches regarding

children and youth exposed

to violence

RESOLVED, That the American Bar Association urges the development and

adoption of trauma-informed, evidence-based approaches and practices on

behalf of justice system-involved children and youth who have been exposed

to violence, including victims of child abuse and neglect or other crimes and

those subject to delinquency or status offense proceedings, by:

(a) Recognizing the impact that current or prior exposure to violence and trauma has on physical, emotional, psychological, and behavioral

development and well-being;

(b) Responding to child traumatic stress through legal representation that reflects awareness of trauma’s adverse impacts on children and youth

who have contact with the legal system; and

(c) Acting in collaboration with other professionals involved with the child or youth to facilitate and support recovery and resiliency of the

child and family.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, local, tribal and territorial bar associations, working with judges,

lawyers, and other professionals with subject matter expertise in trauma-

informed systems of care, to develop and implement training programs for

judges, child welfare attorneys, prosecutors, defense counsel, and law

students that will enable them to integrate trauma knowledge into daily legal

practice and integrate and sustain trauma awareness, knowledge, and skills in

practice and policies.

FURTHER RESOLVED, That the American Bar Association encourages

court systems, lawyers, law schools, and bar associations to promote

awareness of secondary trauma among legal professionals working with

traumatized children and youth and to develop positive strategies for

addressing secondary trauma among those involved with children and youth

in the justice system.

2014 MY 102B Labor trafficking and child

labor

RESOLVED, That the American Bar Association adopts the black letter

Model Principles of the ABA Model Business and Supplier Policies on Labor

Trafficking and Child Labor, dated February 2014.

2014 MY 103A Effective appellate

representation in juvenile

cases

RESOLVED, That the American Bar Association urges federal, state, local,

tribal and territorial governments to ensure that juveniles are provided

effective appellate representation and have access to appeals consistent with

state statutes and/or state constitutional provisions by:

1. Providing training for judges and attorneys in juvenile court to recognize that in the representation of the juvenile, the control and

direction of the case is the same as in the representation of a criminal

defendant;

2. Providing adequate resources so that juveniles, including those qualifying for public defender services, have access to effective

appellate representation;

3. Providing timely appellate review, expedited when necessary, within the timeframe that the juvenile is completing the court-ordered

disposition, particularly in cases where youth are confined; and

4. Collecting data on the rate of juvenile delinquency appeals to identify institutional barriers to appellate representation and possible internal

geographical disparities in state juvenile appellate practice.

2014 MY 103B Notice and comment

rulemaking procedures for

regulations applicable to

corrections facilities

RESOLVED, That the American Bar Association urges state governments to

apply generally applicable administrative procedures acts’ notice-and-

comment rule-making provisions to regulations governing correctional

facilities and officers.

2014 AY 109 Cybersecurity programs RESOLVED, That the American Bar Association encourages all private and

public sector organizations to develop, implement, and maintain an

appropriate cybersecurity program that complies with applicable ethical and

legal obligations and is tailored to the nature and scope of the organization

and the data and systems to be protected.

2014 AY 112A Model workplace policy on

employer responses to

domestic violence

RESOLVED, That the American Bar Association adopts the Model

Workplace Policy on Employer Responses to Domestic Violence, Sexual

Violence, Dating Violence and Stalking (“Model Policy”), dated August 2014.

FURTHER RESOLVED, That the American Bar Association encourages all

employers, public and private, including governments, law school and the

legal profession, to enact formal policies on the workplace responses to

domestic violence, dating violence, sexual violence, and/or stalking violence

which address prevention and remedies, provide assistance to employees who

experience violence, and which hold accountable employees who perpetrate

violence.

2014 AY 112B Condemnation of forced

marriage

RESOLVED, That the American Bar Association condemns forced marriage

as a fundamental human rights violation ad a form of family violence and of

violence against women;

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial, local and tribal governments to amend existing laws, or to

enact new laws, to prevent forced marriages in the United States or involving

U.S. citizens or residents and to protect and support individuals threatened by

forced marriage; and

FURTHER RESOLVED, That the American Bar Association urges

governments to collaborate with legal, social services and advocacy

organizations with expertise in forced marriage to develop victim-centered

legal remedies, and to promote training for judges, prosecutors, law

enforcement, child protections authorities, victim-witness advocates, and

attorneys.

2014 AY 113A Contingency plans to

preserve the election

process in an emergency

RESOLVED, That the American Bar Association urges states, localities, and

territories to develop written contingency plans to preserve the election

process in the event of an emergency. Such plans should include, at a

minimum:

1. Designation of alternative locations and times for conducting elections;

2. Provision for the back-up and preservation of election and voter data;

3. Storage and testing of back-up voting equipment to be used in an emergency;

4. Establishment of systems that will assure continued reliable communication between election administrators and poll workers;

5. Development of effective plans for communicating with voters during emergencies; and

6. Recruitment and training of poll workers in the event of an emergency.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, and local officials to enact measures to ensure that voters assisting in

recovery efforts are able to vote by absentee ballot or otherwise, including

those who travel outside their state of residence to assist in recovery.

2014 AY 300 Legislation to prevent and

punish crimes against

humanity

RESOLVED, That the American Bar Association urges Congress to enact

legislation to prevent and punish crimes against humanity.

FURTHER RESOLVED, That the American Bar Association urges the

United States Government to take an active role in the negotiation and

adoption of a new global convention for the prevention and punishment of

crimes against humanity.

2014 AY 110A Right to make claims by

successors to wrongfully

executed persons

RESOLVED, That the American Bar Association urges each federal, state,

and territorial jurisdiction where capital punishment is permitted to adopt a

statute or rule providing an appropriate judicial procedure whereby successors

or a legal entity on behalf of an executed individual, may bring and litigate a

claim that the individual executed was in fact innocent of the capital offense.

FURTHER RESOLVED, That the judicial procedure for determining whether

there has been a wrongful execution should allow for a fair determination of

actual innocence, including access to discovery and a standards of proof and

procedures that provide a reasonable opportunity to prove innocence.

FURTHER RESOLVED, That such statute or rule shall provide for the award

of monetary compensation to the successors of the wrongfully executed

individual or where no successors pursue such compensation, the legal entity

who has successfully established the wrongful execution, for the period of the

wrongfully executed individual’s wrongful incarceration awaiting his or her

execution and also for the specific act of wrongfully executing the individual.

2014 AY 114A Verification of signatures in

cross—border contexts

RESOLVED, That the American Bar Association supports modernization and

simplification of the requirements, procedures, laws and regulations related to

verification of signatures in cross-border contexts in order to increase

reciprocal recognition among jurisdictions, taking into account relevant levels

of service, new technologies and associated costs, as well as the need for

appropriate privacy, data security and fraud prevention.

2014 AY 114B Worldwide LGBT human

rights

RESOLVED, That the American Bar Association recognizes that lesbian,

gay, bisexual and transgender (LGBT) people have a human right to be free

from discrimination, threats and violence based on their LGBT status and

condemns all laws, regulations and rules or practices that discriminate on the

basis that an individual is a LGBT person;

FURTHER RESOLVED, That the American Bar Association urges the

governments of countries where such discriminatory laws, regulations, and

practices exist to repeal them with all deliberate speed and ensure the safety

and equal protection under the law of all LGBT people;

FURTHER RESOLVED, That the American Bar Association urges other bar

associations and attorneys in jurisdictions where there are such discriminatory

laws or incidents of targeting LGBT people to work to defend victims of anti-

LGBT discrimination or conduct, and to recognize and support their

colleagues who take these cases as human rights advocates; and

FURTHER RESOLVED, That the American Bar Association urges the

United States Government, through bilateral and multilateral channels, to

work to end discrimination against LGBT people and to ensure that the rights

of LGBT people receive equal protection under the law.

2014 AY 105C Judicial disqualification and

recusal in state courts

RESOLVED, That the American Bar Association urges that states and

territories adopt judicial disqualification and recusal procedures which: (1)

take into account the fact that certain campaign expenditures and

contributions, including independent expenditures, made during judicial

elections raise concerns about possible effects on judicial impartiality and

independence; (2) are transparent; (3) provide for the timely resolution of

disqualification and recusal motions; and (4) include a mechanism for the

timely review of denials to disqualify or recuse that is independent of the

subject judge; and

FURTHER RESOLVED, That the American Bar association urges all states

and territories to provide guidance and training to judges in deciding

disqualification / recusal motions.

2015 MY 108A Prerequisite for eligibility

for the death penalty

RESOLVED, That the American Bar Association urges all federal, state, and

territorial governments, that impose capital punishment, and the military, to

require that:

(1) Before a court can impose a sentence of death, a jury must unanimously recommend or vote to impose that sentence; and

(2) The jury in such cases must also unanimously agree on the existence of any fact that is a prerequisite for eligibility for the death penalty

and on the specific aggravating factors that have each been proven

beyond a reasonable doubt.

2015 MY 108B Capital punishment and

promulgation of execution

protocols

RESOLVED, That the American Bar Association urges federal, state, and

territorial legislative bodies and governmental agencies, including

departments of corrections, and the military, that impose or implement capital

punishment, to:

(1) Promulgate execution protocols in an open and transparent manner and allow public comment prior to final adoption; and

(2) Require disclosure to the public, to condemned prisoners facing execution, and to courts all relevant information regarding execution

procedures, including but not limited to:

a. The steps to be followed in preparation for, during, and after an execution,

b. The qualifications and background of execution team members, and

c. Details about any drugs to be used, including the names, manufacturers or suppliers, doses, expiration date(s), and testing

results concerning use of the drugs.

(3) Require that an execution process, including the process of setting IVs, be viewable by media and other witnesses from the moment the

condemned prisoner enters the execution chamber until the prisoner is

declared dead or the execution is called off;

(4) Create and maintain contemporaneous records of what transpires during the execution, including but not limited to the drugs

administered, the timing of administration, and any complications,

errors or unanticipated events;

(5) Disclose the entirety of records and logs on the execution process upon order of the court or as otherwise required in discovery or by law

upon request of a death-sentenced prisoner, the prisoner’s counsel, or

successors; and,

(6) Provide an immediate, thorough, and independent review of any execution where the condemned prisoner struggles or appear to suffer,

where the execution is otherwise prolonged, or where the execution

deviates from the adopted protocols and regulations concerning the

execution process.

2015 MY 109A Civil protection orders to

minor and adult victims of

sexual assault, rape, and

stalking

RESOLVED, That the American Bar Association urges federal, state, local,

territorial, and tribal governments to enact civil protection order statutes that

extend protection to minor and adult victims of sexual assault, rape, and

stalking, outside of the context of an intimate partner relationship, and

without the requirement of any relationship between the parties.

2015 MY 109B Housing protections for

victims of domestic and

sexual violence

RESOLVED, That the American Bar Association urges federal, state, local,

territorial, and tribal governments and regulators to amend existing laws and

regulations, or to enact new laws or regulations, to:

(1) Ensure that victims of domestic violence, dating violence, sexual assault, and stalking have meaningful access to safety and autonomy

in their homes (whether owned, leased, subsidized, offered incident to

work or school, or otherwise), including prompt access to the criminal

and civil justice systems, by –

a. Providing options such as no-penalty early lease termination, lease bifurcations, lease transfer, eviction defense, and lock changes;

and

b. Prohibiting retaliation, discrimination, or penalties in housing due to perpetrator behavior or status as a victim; and

c. Preserving privacy and confidentiality to the greatest extent possible; and

(2) Enable public and assisted housing agencies, tribally designated housing entities, private landlords, property management companies,

campus housing administrators and other housing providers and

agencies to respond appropriately to victims and perpetrators of

domestic violence, dating violence, sexual assault, and stalking, while

maintaining a safe environment for all housing residents;

Consistent with the Congressional findings and policies expressed at 42

U.S.C. 1404e et seq. (“Addressing the Housing Needs of Victims of Domestic

Violence, Dating Violence, Sexual Assault, and Stalking”).

2015 MY 112 Stand Your Ground Laws RESOLVED, That the American Bar Association urges all federal, state,

local, and territorial legislative bodies and governmental agencies to:

(a) Refrain from enacting Stand Your Ground Laws that eliminate the duty to retreat before using force in self-defense in public spaces, or

repeal such existing Stand Your Ground Laws;

(b) Eliminate Stand Your Ground Law civil immunity provisions that prevent victims and/or innocent bystanders and their families from

seeking compensation and other civil remedies for injuries sustained;

(c) Eliminate the Stand Your Ground defense in circumstances where deadly force is used against a law enforcement officer;

(d) Develop strategies for implementing safeguards to prevent racially disparate impact and inconsistent outcomes in the application of Stand

Your Ground Laws;

(e) Modify existing or proposed Stand Your Ground laws to ensure that the laws do not protect the use of deadly force against a person who is

in retreat; and

(f) Modify existing or proposed Stand Your Ground laws to ensure that the laws do not protect a person who is the initial aggressor in an

encounter.

FURTHER RESOLVED, That the American Bar Association urges that jury

instructions be drafted in plain language to enhance clarity and the jurors’

understanding of the applicable Stand Your Ground Laws and their

limitations;

FURTHER RESOLVED, That the American Bar Association urges law

enforcement agencies to:

(a) Develop training materials for officers on best practices for investigating Stand Your Ground cases; and

(b) Create or participate in a national database to track Stand Your Ground cases from the investigative stage through prosecution and

final disposition;

FURTHER RESOLVED, That the American Bar Association:

(a) Implement a national education campaign to provide accurate information about Stand Your Ground Laws to the general public; and

(b) Investigate the impact that gun laws have in Stand Your Ground states.

2015 MY 107A Presumption against the use

of restraints on juveniles in

court

RESOLVED, That the American Bar Association urges all federal, state,

local, territorial and tribal governments to adopt a presumption against the use

of restraints on juveniles in court and to permit a court to allow such use only

after providing the juvenile with an opportunity to be heard and finding that

the restraints are the least restrictive means necessary to prevent flight or

harm to the juvenile or others.

2015 MY 107B Integrity of criminal

proceedings, unlawful

intimidation or tampering

with victims

RESOLVED, That the American Bar Association urges federal, state, local,

territorial and tribal governments to protect the integrity of criminal

proceedings, in its truth seeking function, by (1) seeking to hold accountable

those who unlawfully intimidate or tamper with victims and prosecution and

defense witnesses by any source or means, including the use of social media;

and (2) examining practices, procedures, and training, and revising them as

needed to assure that victims and witnesses are not improperly intimidated or

tampered with by lawyers or law enforcement personnel, and that they receive

adequate protection against intimidation and tampering by any person.

2015 MY 107C Sentencing laws and rules

of procedure

RESOLVED, That the American Bar Association urges federal, state, local,

tribal and territorial governments to adopt sentencing laws and procedures

that both protect public safety and appropriately recognize the mitigating

considerations of age and maturity of youthful offenders, i.e. those who have

not reached the age of majority at the time of their offense who are subject to

adult penalties upon conviction, by enacting sentencing laws and rules of

procedure that will:

1. Eliminate life without the possibility of release or parole for youthful offenders both prospectively and retroactively; and

2. Provide youthful offenders with meaningful periodic opportunities for release based on demonstrated maturity and rehabilitation beginning at

a reasonable point into their incarceration, considering the needs of

the victims.

2015 MY 111A Indian Law and Order RESOLVED, That the American Bar Association adopts all of the

recommendations contained in the Indian Law and Order Commission’s

November 2013 Report to the President and Congress of the United States,

entitled A Roadmap for Making Native America Safer, (“Commission’s

Report”), except for the new circuit court provision of Recommendation 1.2;

FURTHER RESOLVED, That the American Bar Association urges Congress

to establish a means of creating a consistent, uniform, and predictable body of

case law dealing with the civil rights issues and matters of Federal law

interpretation arising in Indian country;

FURTHER RESOLVED, That the American Bar Association urges the

Administration, Congress, state, territorial and tribal governments to promptly

implement the recommendations of the Commission’s Report; and

FURTHER RESOLVED, That the American Bar Association, through its

appropriate bodies, should work with governmental entities, law schools, bar

associations, and legal service providers to promote improvements to criminal

justice in Indian country, and help implement and promote the

recommendations proposed in the Commission’s Report.

2015 AY 116 Cybersecurity programs for

courts

RESOLVED, That the American Bar Association urges federal, state, local,

territorial, and tribal legislatures and government agencies to provide the

funding necessary to develop, implement, and maintain appropriate

cybersecurity programs for the courts and to train court personnel on methods

to counter threats and protect judicial information systems from cyber

intrusions or data breaches.

2015 AY 109A Access to education free

from gender based violence

RESOLVED, That the American Bar Association urges colleges and

universities:

(1) To recognize the right of students to receive an education free from sexual harassment, sexual assault, stalking, gender-based violence,

and intimate partner violence;

(2) To adopt and enforce policies and procedures that protect and respond to the needs of students and employees who allege that they are

victims of sexual harassment, sexual assault, stalking, gender-based

violence, or intimate partner violence;

(3) To train students and employees about the harms caused by sexual harassment, sexual assault, stalking, gender-based violence, and

intimate partner violence, and about the schools’ policies and

procedures to address them;

(4) To develop and maintain collaborative relationships with community- based victim resources (such as rape crisis centers, domestic violence

support groups, crime victim services, independent counseling

services, or others), so that they can be readily accessed by the victims

who choose to use them;

(5) To develop and maintain collaborative relationships with state and local civil and criminal justice systems, to assist in creating a prompt

and appropriate response to the complaints of victims who choose to

file them; and

(6) To maintain the privacy, confidentiality, and autonomy of victims and those accused to the fullest extent allowed by law, and to reject the

designation of all students or campus employees as mandated

reporters;

FURTHER RESOLVED, That the American Bar Association urges Congress

to increase funding for the Office for Civil Rights of the United States

Department of Education and the Office on Violence Against Women of the

Department of Justice so that they can effectively educate schools about their

obligations to keep campuses safe from sexual harassment, sexual assault,

stalking, gender-based violence, and intimate partner violence; investigate

complaints; and vigorously enforce Title IX, the Clergy Act, the Violence

Against Women Act, and other relevant laws, and assure that fair procedures

are utilized in the hearing and disposition of complaints; and

FURTHER RESOLVED, That the American Bar Association urges federal,

state, local, tribal, and territorial governments to adopt meaningful remedies

and vigorous enforcement mechanisms, including civil remedies, for sexual

harassment, sexual assault, stalking, gender based violence, and intimate

partner violence, while assuring that the rights of those accused of such acts

are recognized, respected, and protected; and to fully fund implementation of

such remedies and enforcement.

2015 AY 109B Civil protection order

statutes extending

protection to lesbian, gay,

bisexual and transgender

individuals

RESOLVED, That the American Bar Association urges federal, state,

territorial, local and tribal governments to enact civil protection order statutes

regarding domestic, intimate partner, sexual, dating, and stalking violence

that extend protection to lesbian, gay, bisexual, and transgender individuals.

2015 AY 109C Freedom from domestic,

dating, and sexual violence

and stalking and all forms of

gender based violence as a

fundamental human right

RESOLVED, That the American Bar Association recognizes freedom from

domestic, dating and sexual violence and stalking and all other forms of

gender-based violence as a fundamental human right.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, territorial, local, and tribal governments to recognize freedom from

domestic, dating and sexual violence and stalking, and all other forms of

gender violence, as a fundamental human rights, and to enact and adopt

resolutions affirming the right of all women, men, and children to live free

from domestic, dating, and sexual violence and stalking.

2015 AY 112 LGBTQ right to be free

from attempts to change

sexual orientation and

gender identity, urging

prohibition on conversion

therapy

RESOLVED, That the American Bar Association recognizes that lesbian,

gay, bisexual, transgender, and queer (LGBTQ) people have the right to be

free from attempts to change their sexual orientation or gender identity;

FURTHER RESOLVED, That the American Bar Association urges all

federal, state, local, territorial and tribal governments to enact laws that

prohibit state-licensed professionals from using conversion therapy on

minors; and

FURTHER RESOLVED, That the American Bar Association urges all

federal, state, local, territorial and tribal governments to protect minors,

particularly minors in their care, from being subjected to conversion therapy

by state-licensed professionals.

2015 AY 108B Pell Grant eligibility for

prisoners

RESOLVED, That the American Bar Association urges Congress to restore

Pell Grant eligibility for prisoners who qualify under existing need-based

criteria in order to facilitate re-entry and reduce recidivism.

2015 AY 115 Model curriculum in

forensic science

RESOLVED, That the American Bar Association urges the National

Commission on Forensic Science to develop a model curriculum in the law

and forensic science, and to provide training in that curriculum for federal,

state, territorial, local and tribal judges.

2015 AY 103A Model act – confidentiality

of juvenile delinquency

records

RESOLVED, That the American Bar Association adopts the Model Act

Governing the Confidentiality and Expungement of Juvenile Delinquency

Records, dated August 2015.

2016 MY 102 Review of all statutes

criminalizing

noncommercial sexual

conduct

RESOLVED, That the American Bar Association urges state, territorial,

local, and tribal legislatures to review all statutes criminalizing consensual

noncommercial sexual conduct, in private and between persons who have the

legal capacity to consent, and, to repeal or amend such statutes to ensure that

such conduct is not made criminal.

FURTHER RESOLVED, That the American Bar Association urges state,

territorial, local, and tribal legislatures to repeal or amend any statues,

regulations, or policies that denigrate persons who engage in constitutionally

protected sexual conduct.

2016 MY 10B Constitutional equality for

women

RESOLVED, That the American Bar Association supports constitutional

equality for women, and urges the extension of legal rights, privileges, and

responsibilities to all persons, regardless of sex.

FURTHER RESOLVED, That the American Bar Association reaffirms its

support of and affirmatively acts toward the goal of the ratification of the

Equal Rights Amendment to the U.S. Constitution.

FURTHER RESOLVED, That the American Bar Association calls on all bar

associations to support and take up the pursuit of ratification of the Equal

Rights Amendment to the United States Constitution.

2016 MY 10A Communication between

attorneys and incarcerated

clients

RESOLVED, That the American Bar Association urges the Department of

Justice and the Federal Bureau of Prisons to amend their policies with respect

to monitoring emails between attorneys and their incarcerated clients to

communicate confidentially via email and thereby maintain the attorney-

client privilege.

2016 AY 116 Principles for Juries and

Jury Trials

RESOLVED, That the American Bar Association amends Principles 2(B) and

6(C) of the ABA Principles for Juries and Jury Trials as follows:

2(B) Eligibility for jury service should not be denied or limited on the basis of

race, national origin, gender, age, religious belief, income, occupation,

disability, marital status, sexual orientation, gender identity, gender

expression or any other factor that discriminates against a cognizable group in

the jurisdiction other than those set forth in A above.

6(C) The court should:

1. Instruct the jury on implicit bias and how such bias may impact the decision making process without the juror being aware of it; and

2. Encourage the jurors to resist making decisions based on personal likes or dislikes or gut feelings that may be based on attitudes toward

race, national origin, gender, age, religious belief, income, occupation,

disability, marital status, sexual orientation, gender identity, or gender

expression.

2016 AY 110 Translation of Miranda

warnings into Spanish

RESOLVED, That the American Bar Association urges federal, state, local

and territorial law-enforcement authorities to provide a culturally,

substantively and accurate translation of the Miranda warning in Spanish.

2016 AY 115 Elimination of the school to

prison pipeline

RESOLVED, That the American Bar Association urges all federal, state,

territorial and local legislative bodies and governmental agencies to:

(a) adopt policies, legislation and initiatives designed to eliminate

the school to prison pipeline whereby students of color, students with

disabilities, LGBTQ (lesbian, gay, bisexual, transgender, questioning, or

queer) students, homeless students, and other marginalized youth

constituencies are disproportionately impacted by systemic inequities in

education and over-discipline resulting in disparate school drop-out or

“push-out” rates and juvenile justice system or prison interactions, i.e.,

school to prison;

(b) adopt laws and policies supporting legal representation for

students at point of exclusion from school, including suspension and

expulsion;

(c) support ongoing implicit bias training for teachers,

administrators, school resource officers, police, juvenile judges,

prosecutors, and lawyers and others involved with students;

(d) require data reporting relating to school discipline, including

distinctions between educator discipline and law enforcement discipline

to the Office of Civil Rights;

(e) support legislation that eliminates the use of suspensions,

expulsions, and referrals to law enforcement for lower-level offenses; and

FURTHER RESOLVED, That the American Bar Association urges state and

local prosecutors’ offices, and national and state prosecutors associations to

develop screening and charging policies and statements of best practices for

school referred cases to juvenile courts.

2016 AY 10B Supports the independence

of the judiciary and the legal

profession and opposes any

state’s detention of

individuals without charge

or access to counsel and

calls upon the government

of the Republic of Turkey to

take certain actions.

RESOLVED, That the American Bar Association, which supports the

independence of the judiciary and the legal profession and opposes any state’s

detention of individuals without charge or access to counsel, calls upon the

government of the Republic of Turkey to:

(1) immediately release each detained judge, lawyer, prosecutor, journalist and any other individual unless there is evidence

establishing reasonable grounds to believe that the individual has

committed a crime;

(2) meet its obligations to protect human rights, to respect the prohibition against torture, to respect freedom of speech and of the

press, and to ensure that any measures taken during the declared

state of emergency including the seizure of assets of detained

individuals derogate from those obligations only to the extent that

the exigencies of the situation absolutely require;

(3) provide a fair hearing before an impartial tribunal applying established legal principles before suspending or dismissing any

judge from the bench or any lawyer from the bar and adhere to

international standards concerning the independence of judges and

lawyers;

(4) fully inform the Secretary General of the Council of Europe of each measure that it has taken in derogation of the European Convention

on Human Rights, including the reasons for each such measure; and

(5) fully inform the Secretary-General of the United Nations of each

measure that it has taken in derogation of the International

Covenant on Civil and Political Rights, including the reasons for

each such measure and the date on which it ceases the measure.

2016 AY 102 Urges the President of the

United States and

appropriate parties to

recognize the importance of

racial, ethnic, disability,

sexual orientation, gender

identity and gender diversity

in the selection process for

United States Circuit Judges

and United States District

Judges, United States

Bankruptcy and Magistrate

Judges and for other

qualified employees in the

Judicial Branch of the

United States, and to expand

the diversity of the pool of

qualified applicants,

nominees and appointees,

including without limitation,

the use of diverse merit

selection panels.

RESOLVED, That the American Bar Association urges the President of the

United States and United States Senators to emphasize the importance of

racial, ethnic, disability, sexual orientation, gender identity and gender

diversity in the selection process for United States Circuit Judges and United

States District Judges and to employ strategies to expand the diversity of the

pool of qualified applicants, nominees and appointees to the U.S. District

Court and U.S. Circuit Court of Appeals, including without limitation, the use

of diverse merit selection panels.

FURTHER RESOLVED, That the American Bar Association urges the

United States Circuit Courts of Appeals and the Circuit Judicial Councils to

emphasize the importance of racial, ethnic, disability, sexual orientation,

gender identity and gender diversity in the selection process for United States

Bankruptcy Judges and to employ strategies to expand the diversity of the

pool of qualified applicants, nominees and appointees to the Bankruptcy

Court, including without limitation, the use of diverse merit selection panels.

FURTHER RESOLVED, That the American Bar Association urges the

United States District Courts to emphasize the importance of racial, ethnic,

disability, sexual orientation, gender identity and gender diversity in the

selection process for United States Magistrate Judges and to employ strategies

to expand the diversity of the pool of qualified applicants, nominees and

appointees to United States Magistrate Judge positions, including without

limitation, the use of diverse merit selection panels.

FURTHER RESOLVED, That the American Bar Association urges the

Judicial Conference of the United States, federal courts, defender

organizations, and the court support agencies to recognize the importance of

racial, ethnic, disability, sexual orientation, gender identity and gender

diversity in the hiring process and to expand the diversity of the pool of

qualified employees in the Judicial Branch of the United States.

FURTHER RESOLVED, That the American Bar Association urges its

members to facilitate the selection of judges reflecting racial, ethnic,

disability, sexual orientation, gender identity and gender diversity by

identifying, encouraging, assisting, and mentoring qualified diverse

candidates to seek selection as judges.

2016 AY 104 Urges jurisdictions to adopt

court rules or legislation

authorizing the award of

class action residual funds

to non-profit organizations

that improve access to civil

justice for persons living in

poverty.

RESOLVED, That the American Bar Association urges state, local, territorial

and tribal jurisdictions to adopt court rules or legislation authorizing the award

of class action residual funds to non-profit organizations that improve access

to civil justice for persons living in poverty.

FURTHER RESOLVED, That before class action residual funds are awarded

to charitable, non-profit or other organizations, all reasonable efforts should

be made to fully compensate members of the class, or a determination should

be made that such payments are not feasible.

2016 AY 107 Adopts the black letter of

the ABA Standards for

Criminal Justice: Criminal

Justice Mental Health

Standards, chapter seven of

the ABA Standards for

Criminal Justice, dated

August 2016, to supplant

the Third Edition (August

1984) of the ABA Criminal

Justice Mental Health

Standards.

RESOLVED, That the American Bar Association adopts the black letter of

the ABA Standards for Criminal Justice: Criminal Justice Mental Health

Standards, chapter seven of the ABA Standards for Criminal Justice, dated

August 2016, to supplant the Third Edition (August 1984) of the ABA

Criminal Justice Mental Health Standards.

2016 AY 109 Amends Rule 8.4 of the

ABA Model Rules of

Professional Conduct to add

an antidiscrimination and

anti-harassment provision.

RESOLVED, That the American Bar Association amends Rule 8.4 and

Comment of the ABA Model Rules of Professional Conduct as follows:

Rule 8.4: Misconduct

It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of Professional Conduct,

knowingly assist or induce another to do so, or do so through the acts of

another;

(b) commit a criminal act that reflects adversely on the lawyer's

honesty, trustworthiness or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit or

misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

(e) state or imply an ability to influence improperly a government

agency or official or to achieve results by means that violate the Rules of

Professional Conduct or other law;

(f) knowingly assist a judge or judicial officer in conduct that is a

violation of applicable rules of judicial conduct or other law; or

(g) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national

origin, ethnicity, disability, age, sexual orientation, gender identity,

marital status or socioeconomic status in conduct related to the practice

of law. This paragraph does not limit the ability of a lawyer to accept,

decline, or withdraw from a representation in accordance with Rule

1.16. This paragraph does not preclude legitimate advice or advocacy

consistent with these rules

2017 AY 111B Urges state, local, territorial

and tribal legislatures to

abolish “offender funded”

systems of probation

supervised by private, for

profit companies.

RESOLVED, That the American Bar Association urges state, local, territorial

and tribal legislatures to abolish “offender funded” systems of probation

supervised by private, for profit companies.

2017 MY 10A Urges the Supreme Court of

the United States to

consider racial, ethnic,

disability, sexual

orientation, gender identity,

and gender diversity in the

selection process for

appointment of amicus

curiae, special masters, and

other counsel.

RESOLVED, That the American Bar Association urges the Supreme Court of

the United States to consider racial, ethnic, disability, sexual orientation,

gender identity, and gender diversity in the selection process for appointment

of amicus curiae, special masters, and other counsel.

2017 MY 10B Reaffirms and expands

existing policy regarding

refugees in light of the

January 27, 2017 Executive

Order, calls for increased

funding and legislation to

process and handle refugee

applications, and urges

Congress to pass legislation

that would provide for

individualized assessments

of refugee applications and

RESOLVED, That the American Bar Association reaffirms its support for the

establishment of laws, policies, and practices that ensure access to legal

protection for refugees, asylum seekers, torture victims, and others deserving

of humanitarian refuge (hereinafter collectively, “Protection Seekers”).

FURTHER RESOLVED, That the American Bar Association urges Congress

to adopt additional legislation and to appropriate adequate funding for refugee

applications and processing.

FURTHER RESOLVED, That the American Bar Association urges Congress

to adopt legislation to mandate that refugees receive an appropriate

individualized assessment in a timely fashion to determine their eligibility as

that they be conducted

expeditiously and justly

such, and that neither national origin nor religion be the basis for barring an

otherwise eligible individual in making such determination.

2017 MY 10C Urges the President to

withdraw Executive Order

13769, and follow legal

procedures and legal rights

in the promulgation of

future Executive Orders

regarding border security,

immigration enforcement,

and terrorism.

RESOLVED, That the American Bar Association urges that the Executive

Branch, while fulfilling its responsibility to secure the nation’s borders, take

care that any Executive Orders regarding border security, immigration

enforcement, and terrorism:

A. Respect the bounds of the U.S. Constitution;

B. Not use religion or nationality as a basis for barring an otherwise

eligible individual from entry to the United States;

C. Adhere to the United States’ international law obligations, including

the 1967 Protocol Relating to the Status of Refugees of the 1951

Convention Relating to the Status of Refugees, the International

Covenant on Civil and Political Rights, and international bilateral

agreements and treaties, and to the principle of non-refoulement;

D. Facilitate a transparent, accessible, fair, and efficient system of

administering the immigration laws and policies of the United States,

including the adjudication of visa applications, applications for

immigration benefits, and applications for entry to the United States;

and ensure protection for refugees, asylum seekers, torture victims,

and others deserving of humanitarian refuge;

FURTHER RESOLVED, That the American Bar Association accordingly

urges the President to withdraw Executive Order 13,769, “Protecting the

Nation from Foreign Terrorist Entry into the United States,” dated January 27,

2017; and

FURTHER RESOLVED, That so long as Executive Order 13,769 remains in

effect, the American Bar Association urges the Executive Branch to ensure full,

prompt, and uniform compliance with court orders addressing Executive Order

13,769.

2017 MY 100 Urges Congress to enact

legislation to repeal the

restrictions on federal

student aid eligibility

contained in the Higher

Education Act, 20 U.S.C. §

1091(r), which affects

eligibility for federal student

aid based on certain drug

convictions.

RESOLVED, That the American Bar Association urges Congress to enact

legislation to repeal the restrictions on federal student aid eligibility contained

in the Higher Education Act, 20 U.S.C. § 1091(r), which affects eligibility for

federal student aid based on certain drug convictions;

FURTHER RESOLVED, That the American Bar Association urges that, in

conjunction with the repeal of 20 U.S.C. § 1091(r), the Department of

Education revise the Free Application for Federal Student Aid form, required

of all applicants seeking federal student aid, to eliminate questions seeking

disclosure of certain drug convictions; and

FURTHER RESOLVED, That the American Bar Association urges that, in

conjunction with the repeal of 20 U.S.C. § 1091(r), Congress and the

Department of Education require higher education institutions to notify

students who were deemed ineligible for federal student aid pursuant to that

provision (and whose eligibility has not been restored) that they are now

eligible for such aid.

2017 MY 104 Urges the United States to

ratify and implement the

2013 Arms Trade Treaty.

RESOLVED, That the American Bar Association urges the United States to

ratify and implement the 2013 Arms Trade Treaty.

2017 MY 105 Urges the United Nations,

the United States and other

governments and relevant

international actors to

develop and implement

methodologies to measure

and track the prevalence of

sexual and gender-based

violence.

RESOLVED, That the American Bar Association urges the United Nations, the

United States and other governments and relevant international actors to

develop and implement methodologies to measure and track the prevalence of

sexual and gender-based violence.

FURTHER RESOLVED, That the ABA endorses international efforts to

improve donor coordination, transparency, and accountability with respect to

assistance to victims of sexual and gender-based violence including in

situations of armed conflict, and specifically recommends that donors require

quantitative public reporting from funding recipients globally, including

disclosure of independent audits or evaluations showing funds expended on

services to victims of sexual violence and the services provided using such

funds.

FURTHER RESOLVED, That the ABA recommends that international Non-

Governmental Organizations, donors, and multilateral agencies work with and

support governments to develop and adopt appropriate methodologies to

create publicly accessible national databases of information on assistance to

victims of sexual violence, enabling stakeholders to coordinate, track, and

evaluate this assistance.

2017 MY 112A Urges the United States

Department of Justice to

continue its accuracy and

quality assurance efforts in

the area of microscopic hair

analysis and urges

prosecutors, similarly, to

commit to a timely review

of all cases in which such

erroneous expert testimony

was used and to consider

adopting the Department of

Justice’s policy.

RESOLVED, That the American Bar Association urges the United States

Department of Justice to continue its accuracy and quality assurance efforts in

the area of microscopic hair analysis.

FURTHER RESOLVED, That the American Bar Association urges state, local

and tribal prosecutors:

(i) to review in a timely manner cases in which they have received notice from the United States Department of Justice, or notice

from their own jurisdiction, of the possibility that forensic

examiners provided erroneous or potentially misleading

statements or testimony concerning microscopic hair analysis;

(ii) to consider establishing a policy, in the interest of justice, of waiving any statute of limitations or procedural defense, in

order to permit the resolution of post-conviction claims arising

from errors that undercut the reliability of the conviction; and

(iii) to ask state and local forensic laboratories whether their

examiners have provided erroneous or potentially misleading

statements or testimony concerning microscopic hair analysis

and, if such instances are identified, to take appropriate

corrective action.

FURTHER RESOLVED, That the American Bar Association urges all defense

counsel and criminal defense organizations to take appropriate action upon

receiving notice or becoming aware of any such erroneous statements or

testimony given in cases in which they represented a defendant at trial or on

appeal. Appropriate action, consistent with ABA Criminal Justice Standards

for the Defense Function, Standard 4-9.4, would include:

(i) to evaluate the information, investigate if necessary, and determine what potential remedies are available;

(ii) to advise and consult with the client; and

(iii) to determine what action if any to take, which might include, if prior counsel is unavailable, taking steps to see that new

counsel is appointed.

FURTHER RESOLVED, That the American Bar Association urges the United

States Department of Justice and appropriate state, local and tribal authorities

to continue efforts to identify other erroneous or misleading forensic testimony

and, if discovered, to take appropriate remedial steps similar to those

recommended in this Resolution.

2017 MY 112B Urges prosecutor’s offices

to adopt and implement

internal conviction-integrity

policies when an office

supports a defendant’s

motion to vacate a

conviction based on the

office’s doubts about the

RESOLVED, That the American Bar Association urges each federal, state,

and territorial prosecutor’s office to adopt and implement the following

internal conviction-integrity policy: When the prosecutor’s office supports a

defendant’s motion to vacate a conviction based on the office’s doubts about

the defendant’s guilt of the crime for which the defendant was convicted, or

about the lawfulness of the defendant’s conviction, the office should not

condition its support for the motion on an Alford plea, a guilty plea, or a no

contest plea by the defendant to the original or any other charge.

defendant’s guilt of the

crime for which the

defendant was convicted, or

about the lawfulness of the

defendant’s conviction.

Nevertheless, the office may independently pursue any charge it believes is

supported by admissible evidence sufficient to prove guilt beyond reasonable

doubt, and may seek to resolve that matter with an Alford plea, no contest

plea, or guilty plea to that charge.

2017 MY 112C Urges law enforcement

authorities to develop and

use, prior to custodial

interrogation of suspects,

translations of Miranda

warnings in as many

languages and dialects as

necessary to accurately and

fully inform individuals of

their Miranda rights.

RESOLVED, That the American Bar Association urges federal, state, local,

territorial and tribal law enforcement authorities to develop and use, prior to

custodial interrogation of suspects, translations of Miranda warnings in as

many languages and dialects as necessary to accurately and fully inform

individuals of their Miranda rights.

2017 MY 112D Urges the Food and Drug

Administration (“FDA”) to

update its current policy

requiring deferment of

blood donations from men

who have sex with men for

one year after the donor’s

most recent sexual

encounter with a man to a

deferral policy based on an

assessment of the risk posed

by an individual based on

potential recent exposures

rather than on the

RESOLVED, That the American Bar Association urges the Food and Drug

Administration (“FDA”) to update its current policy requiring deferment of

blood donations from men who have sex with men for one year after the donor’s

most recent sexual encounter with a man to a deferral policy based on an

assessment of the risk posed by an individual based on potential recent

exposures rather than on the individual’s sexual orientation; and

FURTHER RESOLVED, That the American Bar Association urges the FDA

to develop and implement validated tools for assessing individual risk, to

ensure the safety of the blood supply in light of the most up-to-date testing

technology that can reliably indicate the presence of HIV and other blood-

borne pathogens within a short period of time after an individual has been

exposed.

individual’s sexual

orientation.

2017 MY 115 Urges governments and

relevant organizations to

implement the

recommendations set forth

in the policy brief, Allies

Against Atrocities: The

Imperative for Transatlantic

Cooperation to Prevent and

Stop Mass Killings (May

2016).

RESOLVED, That the American Bar Association urges governments and

relevant organizations to implement the recommendations set forth in the

policy brief, Allies Against Atrocities: The Imperative for Transatlantic

Cooperation to Prevent and Stop Mass Killings (May 2016).

2017 MY 118 Urges lawmakers at all

levels to work with the legal

profession to collaborate in

the identification and

removal of legal barriers to

veterans’ access to due and

necessary assistance,

including housing,

education, employment,

treatment, benefits, and

services, particularly those

provided by the Department

of Veterans Affairs.

RESOLVED, That the American Bar Association urges lawmakers at federal,

state, and local levels to work with the legal profession to collaborate in the

identification and removal of legal barriers to veterans’ access to due and

necessary assistance, including housing, education, employment, treatment,

benefits, and services, particularly those provided by the Department of

Veterans Affairs; and

FURTHER RESOLVED, That efforts to increase access to justice for veterans

contemplate and include, where appropriate, veterans’ caregivers, especially on

those matters for which the caregiver acts on behalf of the veteran.

2017 MY 300 Urges state, governmental

agencies, territorial, tribal

and legislative bodies to

review their laws on luring,

enticing, or intimidating

RESOLVED, That the American Bar Association urges state, territorial, tribal,

local legislative bodies and governmental agencies to review their laws on

luring, enticing, or intimidating minors for sexual acts to ensure that such laws

explicitly address internet and other electronic means of communication; and

minors for sexual acts to

ensure that such laws

explicitly address internet

and other electronic means

of communication

FURTHER RESOLVED, That the American Bar urges state, territorial, tribal

and local legislative bodies to engage stakeholders in the process of reviewing

their laws on luring or enticing minors for sexual acts.

2017 MY 301 Urges Congress to preserve

and develop laws,

regulations, policies, and

procedures that protect or

increase due process and

other safeguards for

immigrant and asylum-

seeking children, especially

those who have entered the

United States without a

parent or legal guardian

RESOLVED, That the American Bar Association supports the preservation

and development of laws, regulations, policies, and procedures that protect or

increase due process and other safeguards for immigrant and asylum-seeking

children, especially those who have entered the United States without a parent

or legal guardian, including as provided in Section 235 of the William

Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 and

Section 462 of the Homeland Security Act of 2002.

FURTHER RESOLVED, That the American Bar Association specifically

urges Congress and the Administration to:

a) Maintain the current statutory definition of “unaccompanied alien

child,” which is a person under 18 who has no lawful immigration status in the

United States and for whom there is (i) no parent or legal guardian in the United

States or (ii) no parent or legal guardian in the United States available to

provide care and physical custody, and which status should continue to be

determined at the time of apprehension and remain in effect unless specifically

revoked;

b) Ensure that children held by Customs and Border Protection are

held for the shortest period possible, but not to exceed 72 hours, and that

unaccompanied alien children have the opportunity to present their full claims

to relief before an impartial adjudicator and not be subject to expedited removal

or any other truncated process;

c) Preserve the availability of and the current statutory framework for

Special Immigrant Juvenile Status (“SIJ”) that protects noncitizen children

when reunification is not viable with one or both parents due to abuse,

abandonment, neglect, or a similar basis under state law;

d) Increase the annual number of SIJ visas allotted to qualified

applicants;

e) Maintain the current statutory framework allowing unaccompanied

alien children in removal proceedings to pursue asylum claims before the

Asylum Office in a non-adversarial setting and recognize minority as a

qualifying exception to the one year filing deadline;

f) Prohibit status awarded to a child from being revoked or rescinded

unless there has been an affirmative finding of fraud or misrepresentation; and

g) Protect unaccompanied alien children’s sponsors from being

subjected to immigration enforcement actions because of their efforts to reunify

children with their family members.

FURTHER RESOLVED, That the American Bar Association urges federal,

state, local, tribal and territorial governments to expand efforts to provide

legal information and legal representation for unaccompanied immigrant and

asylum-seeking children in removal proceedings.