ABA adopts policy to advance electronic case filing in bankruptcy cases

Among the dozens of recommendations adopted during the Midyear Meeting was one recommending that the United States Bankruptcy Courts in each federal district permit lawyers who have received electronic case filing training in any district to file documents electronically in bankruptcy cases in any other district, provided that they satisfy all other requirements for filing in bankruptcy cases in that district. The background report supporting the recommendation notes that while 87 bankruptcy courts have electronic case filing systems, and 53 require that all documents filed in all cases be filed electronically, many require that lawyers attend local training before receiving the password to enable them to submit documents electronically, placing additional barriers in the way of a lawyer's ability to practice. The goal of the policy is to remove barriers to electronic filing and thus to treat paper filing and electronic filing equally. Complete information should become available on the House of Delegates Web site in the near future. Watch for posting of the Daily Journal from the 2006 Midyear Meeting, and look for Resolution 301.

The House of Delegates also voted overwhelmingly to urge the Bush Administration to comply with the Foreign Intelligence Surveillance Act by seeking court orders for domestic wiretaps in terrorism investigations, or seek amendments to the act if needed to protect national security. The bipartisan task force that brought the resolution (number 302) to the House included a former FBI director and a former general counsel of the Central Intelligence Agency and National Security Agency. The House adopted a six-part recommendation, calling on the President to abide by constitutional checks and balances to ensure that national security is protected consistent with constitutional guarantees, and opposing any future electronic surveillance inside the United States by any government agency for foreign intelligence purposes that does not comply with FISA warrant requirements.

Other policies adopted at the meeting included a long series of resolutions on immigration reform issues. The policy recommendations adopted by the House covered a host of issues central to the current debate on immigration reform, including the need for general reform; right to counsel; due process and judicial review; administration of U.S. immigration laws; pardons; immigration detention; asylum and refugee procedures; and protections for immigrant victims of crime. The resolution numbers were 107A through 107G and 300.

The House also voted to urge all lawyers to contribute to the public good through community service in addition to exercising their professional responsibility to deliver pro bono service (resolution number 105), and to oppose the creation of "health courts" that would deny patients injured by medical negligence the right to request a trial by jury and the right to receive full compensation for their injuries (resolution number 103).

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© 2006 American Bar Association