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TCL > January 2005 Issue > Preliminary Agenda: ABA House of Delegates 2005 Midyear Meeting

The Colorado Lawyer
January 2005
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Preliminary Agenda: ABA House of Delegates 2005 Midyear Meeting

Submitted by Christopher B. Little, Colorado ABA Delegate

REPORT #   SUBJECT

8A

PENNSYLVANIA BAR ASSOCIATION
THE BAR ASSOCIATION OF THE DISTRICT OF COLUMBIA
Supports legislation to repeal the statutory provision preventing veterans from paying an attorney to represent them in connection with their claims for federal benefits.

100 STANDING COMMITTEE ON PARALEGALS
Grants approval, reapproval and extension of the term of approval to several legal assistant education programs, and withdraws the approval of one program at the request of the institution.
101

STANDING COMMITTEE ON SPECIALIZATION
Grants accreditation to the Social Security Disability Law program of the National Board of Trial Advocacy of Wrentham, Massachusetts, as a designated specialty program for lawyers.

102 SECTION OF INTELLECTUAL PROPERTY LAW
Supports enactment of legislation providing that the right to a patent shall belong to the inventor who first files an application for patent containing an adequate disclosure of the invention.
103 JUDICIAL DIVISION
STANDING COMMITTEE ON JUDICIAL INDEPENDENCE
Adopts the black letter Guidelines for the Evaluation of Judicial Performance, dated February 2005, to replace the original guidelines of 1985, which have been updated to reflect developments in judicial performance evaluation.
104 SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES
HEALTH LAW SECTION
Opposes governmental actions and policies that interfere with patients’ abilities to receive from their healthcare providers (a) all of the relevant and medically accurate information necessary for fully informed healthcare decision-making; and (b) information with respect to their access to medically appropriate care.
105A SECTION OF LEGAL EDUCATION AND ADMISSIONS TO THE BAR
Concurs in the action of the Council of the Section of Legal Education and Admissions to the Bar in granting provisional approval to the John Marshall School of Law in Atlanta, Georgia.
 
105B SECTION OF LEGAL EDUCATION AND ADMISSIONS TO THE BAR
Concurs in the action of the Council of the Section of Legal Education and Admissions to the Bar in adopting additions and revisions to Standards 302 and 305 of the Standards for Approval of Law Schools and the Interpretations of the Standards, dated February 2005.
106 ROBERT L. WEINGBERG, DISTRICT OF COLUMBIA BAR DELEGATE
Calls upon the United States government to take all necessary and proper actions within its power to end the ongoing genocide in Darfur, Sudan.
107A NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS
Approves the Uniform Wage Withholding and Unemployment Insurance Procedure Act, promulgated by the National Conference of Commissioners on Uniform State Laws in 2004 as an appropriate Act for those States desiring to adopt the specific substantive law suggested therein.
107B NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS
Approves the Uniform Real Property Electronic Recording Act, promulgated by the National Conference of Commissioners on Uniform State Laws in 2004 as an appropriate Act for those States desiring to adopt the specific substantive law suggested therein.
107C NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS
Approves the Uniform Residential Mortgage Satisfaction Act, promulgated by the National Conference of Commissioners on Uniform State Laws in 2004 as an appropriate Act for those States desiring to adopt the specific substantive law suggested therein.
108 SENIOR LAWYERS DIVISION
Urges the appropriate bodies of all state and territorial jurisdictions that have not already done so to adopt and promulgate rules and regulations permitting the sale of law practices, such as or similar to Rule 1.17 of the ABA Model Rules of Professional Conduct.
109A TORT TRIAL AND INSURANCE PRACTICE SECTION
Urges the federal government to immediately undertake a study to identify the appropriate role for the federal government in the solution of the present asbestos litigation crisis, without altering the responsibility of others.
109B TORT TRIAL AND INSURANCE PRACTICE SECTION
SECTION OF STATE AND LOCAL GOVERNMENT LAW
Recommends that the federal government amend the Medicare Secondary Payer Act (42 U.S.C. § 1395y(b), et seq,) to return an appropriate level of certainty, predictability and efficiency to the Medicare set aside process that has significantly burdened, delayed and disrupted settlements in state, federal and territorial Workers’ Compensation systems throughout the country.
109C TORT TRIAL AND INSURANCE PRACTICE SECTION
SECTION OF LITIGATION
Supports the judicial rulemaking process set forth in the Rules Enabling Act, for principles of federalism and the current version of Rule 11 of the Federal Rules of Civil Procedure and opposes legislative change to Rule 11, including changes proposed in the “Lawsuit Abuse Reduction Act” (H.R. 4571).
110 SECTION OF SCIENCE AND TECHNOLOGY LAW
AMERICAN IMMIGRATION LAWYERS ASSOCIATION
Supports policies to enhance homeland and national security and efforts to establish new visa policies and procedures to bolster security and calls upon Congress and the Administration to take steps to ensure that the visa issuance process is more efficient.
111 COMMISSION ON HOMELESSNESS AND POVERTY
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
COMMISSION ON MENTAL AND PHYSICAL DISABILITY LAW

Urges Congress and the President to support the establishment of a federal affordable housing trust fund to increase the availability of affordable housing consistent with certain principles.
112 COMMISSION ON IMMIGRATION
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
NATIONAL LEGAL AID AND DEFENDER ASSOCIATION
Supports the repeal of annual numerical caps in the granting of lawful permanent residence in the United States to those individuals who have already been granted asylum status.
113 AMERICAN JURY PROJECT
Adopts the ABA Principles Relating to Juries and Jury Trials dated February 2005 and recommends that the appropriate entities review and revise, as appropriate, their respective Standards so as to eliminate any inconsistencies with the Principles and urges state, local and territorial bar associations to improve the management of jury trials by promoting the implementation of the Principles.
114 SECTION OF ADMINISTRATIVE LAW AND REGULATORY PRACTICE
Urges Congress to approve the “Federal Administrative Adjudication in the 21st Century”, dated February 2005, to modernize the adjudication provisions of the Administrative Procedure Act and to expand certain fundamental fair hearing provisions of that Act.
115A CRIMINAL JUSTICE SECTION
Urges jurisdictions to adopt statutes that adequately compensate individuals who have been convicted and incarcerated for crimes they did not commit and identifies the factors that should be considered in drafting such statutes.
115B CRIMINAL JUSTICE SECTION
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 principle that no prosecution should occur based solely upon uncorroborated jailhouse informant testimony.
115C CRIMINAL JUSTICE SECTION
Urges federal, state, local and territorial governments to establish standards of practice for defense counsel in criminal cases to reduce the risk of convicting the innocent.

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