© 2006 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

REPORT #

SCOPE NOMINATING COMMITTEE
Elect Jeffrey J. Snell of Sagamore Hills, Ohio to the Committee on Scope and Correlation of Work.

CONSTITUTIONAL AMENDMENT
Amends §1.2 of the Constitution to include the following language as one of the purposes of the Association: "to defend the right to life of all innocent human beings, including all those conceived but not yet born."

CONSTITUTIONAL AMENDMENT
Amends §2.1(g) of the Constitution to realign District 2 and District 4 based on changes in lawyer population figures.

BYLAWS AMENDMENT
Amends §26.1(c) of the Bylaws to change the term of the law student member-at-large of the Board of Governors from a two-year term to a one-year term.

CONSTITUTION, BYLAWS AND HOUSE RULES AMENDMENTS
The Standing Committee on Constitution and Bylaws proposes the following housekeeping amendments to the Association’s Constitution, Bylaws and House Rules of Procedure:

(A) Amends §2.2(c) and §6.12 to include facsimile and electronic communication as appropriate means for giving notice.

(B) Deletes the last sentence in §6.2(a)(4), "At the conclusion of the 1995 Annual Meeting, those persons elected as Assembly Delegates serve the remainder of their terms as Delegates-at-Large."

(C) Deletes the last sentence in §6.4(c), "However, a local bar association that has fewer than 2,000 members and was represented in the House at the 1990 Annual Meeting is entitled to a delegate until the conclusion of the Annual Meeting in 2005."

(D) Rewords §6.4(e) to read: "A state or local bar association may not be represented in the House if its governing documents discriminate with respect to membership because of race, sex, religion, creed, color, national origin, ethnicity, age, sexual orientation or persons with disabilities."

(E) Amends §6.6 to change the reference of "International Associates" to "Non-U.S. Lawyer Associates."

(F) Amends §29.4(e) to read, "…effectuate the filling of vacancies in the case of elected members of the Board, other than the members-at-large; …"

(G) Amends §47.1 to clarify that the chair of each Section will receive the Summary of Action rather than Section officers.

100

STANDING COMMITTEE ON PARALEGALS
Grants approval, reapproval and extension of the term of approval to several paralegal education programs, and withdraws the approval of three programs at the request of the institution and withdraws one program due to the termination of accreditation.

101

SECTION OF TAXATION
Recommends to state and territorial legislatures the adoption of the Model State Administrative Tax Tribunal Act.

102

COMMISSION ON CIVIC EDUCATION AND SEPARATION OF POWERS
Encourages all lawyers and judges to be personally and actively engaged in civic education in their communities and schools and urges policymakers at all levels of government to ensure that all students experience high quality civic learning.

103

TORT TRIAL AND INSURANCE PRACTICE SECTION
Opposes the promulgation by federal agencies of rules or regulations that pre-empt state law in instances where state laws hold parties to a higher or stricter standard than that being promulgated by a federal agency.

104

STANDING COMMITTEE ON CLIENT PROTECTION
SECTION OF BUSINESS LAW
SECTION OF LABOR AND EMPLOYMENT LAW
Amends Rules 1 and 10 of the Model Rules for Lawyers’ Funds for Client Protection, dated August 2006, to address issues primarily arising from the multijurisdictional practice of law.

105

STANDING COMMITTEE ON PROFESSIONAL DISCIPLINE
TASK FORCE ON GATS LEGAL SERVICES NEGOTIATIONS
SECTION OF INTERNATIONAL LAW
Supports the efforts of the U.S. Trade Representative to encourage the development of transparency disciplines on domestic regulation in response to Article VI (4) of the GATS requiring the development of "any necessary disciplines" to be applicable to service providers.

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 Interpretation 302-10 concerning law student participation in pro bono activities, as an addition to the Standards for Approval of Law Schools and the Interpretations of the Standards, dated August 2006.

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 revisions to Standards 210-212 concerning equal opportunity and diversity, of the Standards for Approval of Law Schools and the Interpretations of the Standards, dated August 2006.

CRIMINAL JUSTICE SECTION
Adopts the black letter ABA Criminal Justice Standards on DNA Evidence, dated August 2006, which address collecting, preserving and use of DNA evidence, testing of DNA evidence, pretrial proceedings, trial, post-conviction, charging by DNA profile and DNA databases.

COMMISSION ON HOMELESSNESS AND POVERTY
SENIOR LAWYERS DIVISION
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
Adopts principles for Homeless Court Programs recognizing that administration of the programs will differ depending on the particular needs, goals and challenges of a jurisdiction.

COMMISSION ON HOMELESSNESS AND POVERTY
SENIOR LAWYERS DIVISION
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
Urges all federal agencies to include within the definition of homeless people who are sharing the housing of others due to loss of housing, economic hardship, or similar reasons, and those who are staying in motels or camping because of the lack of adequate alternative accommodations.

STANDING COMMITTEE ON SUBSTANCE ABUSE
Urges all federal, state, territorial and local legislative bodies and governmental agencies to adopt laws that require health and disability insurers to provide coverage for the treatment of alcohol or drug abuse and dependence based on the best scientific protocols and standards of care.

COMMISSION ON DOMESTIC VIOLENCE
NATIONAL ASSOCIATION OF WOMEN LAWYERS
Urges federal, state, territorial, local and tribal governments to enact or amend domestic violence civil protection order statutes to provide protection to victims who are dating the perpetrator of domestic violence or have been in a dating relationship with the perpetrator, but do not necessarily have a child with, live with, or are married to the perpetrator of the violence.

STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
COMMISSION ON HOMELESSNESS AND POVERTY
Adopts revised Standards for the Provision of Civil Legal Aid, dated August 2006 and recommends implementation of the Standards by entities providing civil legal aid to the poor.

TASK FORCE ON ACCESS TO CIVIL JUSTICE
SECTION OF BUSINESS LAW
COMMISSION ON INTEREST ON LAWYERS’ TRUST ACCOUNTS
COMMISSION ON LAW AND AGING
SECTION OF LITIGATION
STEERING COMMITTEE ON UNMET LEGAL NEEDS OF CHILDREN
DEATH PENALTY REPRESENTATION PROJECT
THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
KING COUNTY BAR ASSOCIATION
MAINE STATE BAR ASSOCIATION
PHILADELPHIA BAR ASSOCIATION
Urges federal, state, and territorial jurisdictions to provide legal counsel as a matter of right at public expense to low income persons in those categories of adversarial proceedings where basic human needs are at stake, such as those involving shelter, sustenance, safety, health or child custody.

TASK FORCE ON ACCESS TO CIVIL JUSTICE
SECTION OF BUSINESS LAW
COMMISSION ON INTEREST ON LAWYERS’ TRUST ACCOUNTS
COMMISSION ON LAW AND AGING
SECTION OF LITIGATION
STEERING COMMITTEE ON UNMET LEGAL NEEDS OF CHILDREN
DEATH PENALTY REPRESENTATION PROJECT
THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
MAINE STATE BAR ASSOCIATION
Adopts the Principles of a State System for the Delivery of Civil Legal Aid, dated August 2006, which describe a system for the delivery of civil legal aid that provides a full-range of high quality, coordinated and uniformly available civil law-related services to the state’s or territory’s low-income and vulnerable populations in sufficient quantity to meet their civil legal needs.

ADVISORY COMMITTEE ON DIVERSITY IN THE PROFESSION
KANSAS BAR ASSOCIATION
AMERICAN IMMIGRATION LAWYERS ASSOCIATION
NATIONAL ASSOCIATION OF WOMEN JUDGES
NATIONAL BAR ASSOCIATION
BAR ASSOCIATION OF ERIE COUNTY
ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK
NEW YORK STATE BAR ASSOCIATION
THE FLORIDA BAR
NEW JERSEY STATE BAR ASSOCIATION
SECTION OF INTERNATIONAL LAW
SAN DIEGO COUNTY BAR ASSOCIATION
NATIONAL LESBIAN AND GAY LAW ASSOCIATION
STATE BAR OF NEW MEXICO
KING COUNTY BAR ASSOCIATION
MARYLAND STATE BAR ASSOCIATION
BAR ASSOCIATION OF BALTIMORE CITY
SECTION OF TAXATION
BAR ASSOCIATION OF SAN FRANCISCO
SECTION OF ADMINISTRATIVE LAW AND REGULATORY PRACTICE
UTAH STATE BAR
NEW YORK COUNTY LAWYERS ASSOCIATION
SECTION OF BUSINESS LAW
SENIOR LAWYERS DIVISION
SECTION OF DISPUTE RESOLUTION
OREGON STATE BAR
TENNESSEE BAR ASSOCIATION
Urges all state, territorial and local bar associations to work with national, state and territorial bar examiners, law schools, universities and elementary and secondary schools to address significant problems facing minorities within the pipeline to the profession.

YOUNG LAWYERS DIVISION
Adopts the Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases, dated August 2006, which would clarify the role of parents’ attorneys in the same type of cases.

STANDING COMMITTEE ON FEDERAL JUDICIAL IMPROVEMENTS
Supports legislation to provide the federal judiciary with relief from excessive rents charged by the General Services Administration by requiring that the rent charges for accommodations provided to the judiciary not exceed GSA’s actual costs of operating and maintaining the accommodations and prohibiting the inclusion by GSA any capital costs, administrative fees and real estate taxes.

STANDING COMMITTEE ON FEDERAL JUDICIAL IMPROVEMENTS
Urges Congress to enact legislation to permit military service members to petition the Supreme Court by writ of certiorari in cases involving courts-martial decisions by amending 28 U.S.C. §1259 (3) and (4).

GENERAL PRACTICE, SOLO AND SMALL FIRM DIVISION
Urges Congress to amend the Rules of Bankruptcy Procedure and adopt the proposed Model Court Rule to implement procedures governing attorney discipline which expressly authorize bankruptcy courts to adopt and enforce attorney disciplinary rules and procedures with respect to attorneys practicing before them and which comply with the ABA Model Federal Rules of Disciplinary Enforcement.

COMMISSION ON LAW AND AGING
SENIOR LAWYERS DIVISION
COMMISSION ON RENAISSANCE OF IDEALISM
STANDING COMMITTEE ON PRO BONO AND PUBLIC SERVICE
COMMISSION ON HOMELESSNESS AND POVERTY
AMERICAN IMMIGRATION LAWYERS ASSOCIATION
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
Encourages state and territorial bar associations and other attorney licensing entities to adopt practice rules to allow pro bono legal service by qualified retired or otherwise inactive lawyers under the auspices of qualified legal services or other non-profit programs.

SECTION OF ADMINISTRATIVE LAW AND REGULATORY PRACTICE
Urges Congress to amend the Lobbying Disclosure Act of 1995 to extend the registration and reporting obligations with respect to lobbying coalition membership and grassroots lobbying.

SECTION OF LITIGATION
Urges federal and state courts to adopt consistent rules to govern the scope of required disclosures for discovery of testifying experts and their reports and that draft expert reports and attorney-expert communications relating to the expert’s report be protected from discovery in accordance with the proposed Resolution.

SECTION OF LITIGATION
CRIMINAL JUSTICE SECTION
Urges the United States Government to support the Darfur peace accord signed May 5, 2006, to support the efforts of the International Criminal Court, the United Nations and the African Union toward the same goals, and to enact legislation to implement the Darfur Peace and Accountability Act of 2006.

SECTION OF LITIGATION
Encourages law firms to consider: (a) ways to continue providing lawyers with opportunities for pro bono and community service; (b) compensation systems that recognize and reward attorneys; and (c) alternatives to mandatory minimum billing requirements.

SECTION OF LITIGATION
Urges federal and state courts to adopt consistent rules to address how the courts and counsel should resolve issues involving claims of inadvertent disclosure of materials protected by the attorney-client privilege or work product doctrine.

COMMISSION ON RENAISSANCE OF IDEALISM
STANDING COMMITTEE ON PRO BRONO AND PUBLIC SERVICE
SENIOR LAWYERS DIVISION
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
Urges solo and small firm attorneys, large law firms, corporate law departments and government military law offices to encourage their lawyers, partners as well as associates, to service their communities through pro bono and public service activities consistent with applicable rules of professional conduct and adopts effective strategies to provide their lawyers with opportunities to do pro bono work and to adopt specific internal policies and procedures to support such work.

COMMISSION ON RENAISSANCE OF IDEALISM
STANDING COMMITTEE ON PRO BRONO AND PUBLIC SERVICE
SENIOR LAWYERS DIVISION
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
Urges law schools to require legal employers that recruit on campus to disclose, and to make available to the schools’ students and alumni, specific information regarding the employer’s pro bono policies, practices and activities.

COMMISSION ON RENAISSANCE OF IDEALISM
STANDING COMMITTEE ON PRO BONO AND PUBLIC SERVICE
SENIOR LAWYERS DIVISION
STANDING COMMITTEE ON LEGAL AID & INDIGENT DEFENDANTS
Urges all federal, state, local and territorial courts to develop programs, in collaboration with state, local and territorial bar associations and pro bono programs and legal services offices, to encourage, facilitate and recognize pro bono representation of indigent parties in civil cases.

SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES
CRIMINAL JUSTICE SECTION
COMMISSION ON MENTAL AND PHYSICAL DISABILITY LAW
DEATH PENALTY MORATORIUM IMPLEMENTATION PROJECT
DEATH PENALTY REPRESENTATION PROJECT
BEVERLY HILLS BAR ASSOCIATION
Without taking a position supporting or opposing the death penalty, urges each jurisdiction that imposes capital punishment to implement specific policies and procedures as it relates to mental illness.

SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES
BAR ASSOCIATION OF SAN FRANCISCO
BEVERLY HILLS BAR ASSOCIATION
Urges the 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.

SECTION OF INTERNATIONAL LAW
Supports the prompt signature, ratification and implementation of the Hague Convention on Choice of Court Agreements by the United States.

SECTION OF INTERNATIONAL LAW
Supports multinational cooperation and consultation in the formulation of laws and policies relating to migration and urges the United States government to enter into regional and international discussions and agreements governing the flow of workers.

SECTION OF INTERNATIONAL LAW
Urges the U.S. Patent and Trademark Office to amend its Rules to permit lawyers who (a) may lawfully practice in the United States as fully admitted lawyers, "foreign legal consultants" or as foreign lawyers temporarily within the United States, and (b) who meet the scientific, technical, character and language qualifications of the U.S. Patent Office, to be registered as practitioners before that Office without regard to their citizenship, residence or visa status.

STANDING COMMITTEE ON ELECTION LAW
SECTION OF STATE AND LOCAL GOVERNMENT LAW
SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES
GOVERNMENT AND PUBLIC SECTOR LAWYERS DIVISION
Urges Congress to extend for 25 years Sections 5 (preclearance), 203 (minority language assistance), and 6-9 (federal observers) of the Voting Rights Act of 1965, as amended through 1992.

REPORT WITH RECOMMENDATION ON ARCHIVING
Recommends that certain Association policies that pertain to public issues and are 10 years old or older be archived.