The policy-making House of Delegates acts

During the final two days of the Annual Meeting, the House of Delegates, the policy-making body of the ABA, considered more than four dozen recommendations.

Among the recommendations debated were proposed policies encouraging bipartisan commissions to evaluate prospective judicial candidates ; urging federal, state and local governments to enact procedures banning law enforcement’s use of racial or ethnic profiling ; adopting a Model Rule for Registration of In-House Counsel that would provide a mechanism for jurisdictions to identify and monitor in-house counsel who are practicing in that jurisdiction; and urging law firms and other legal employers to allow time spent by lawyers as official poll workers to qualify as voluntary public service hours, and for nonlawyer staff to be allowed paid leave to serve as official poll workers.

The House also adopted a resolution to improve patient safety by urging the creation of programs that enable and encourage medical personnel to report hospital events that, if repeated, could threaten patient safety. In addition, a late-filed report was adopted that urged state and territorial judiciaries, in cooperation with state, local and specialty bar associations, to undertake assessments of their judicial systems, using the State Court Assessment Project as an assessment tool. A full listing of recommendations is available here

Once the House adopts recommendations, they become policy of the association, which governs all ABA activities. In addition, the ABA Governmental Affairs Office can lobby before Congress, can write letters to the executive branch, and can advocate in other outreach such as opinion-editorials.

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In addition to the debate on recommendations, delegates heard from U.S. Attorney General Michael Mukasey, learned more about the initiatives of incoming ABA leadership, and heard a debate on the use of subpoenas to compel reporters to disclose sources.

Mukasey delivered his remarks on Aug. 12, stressing the need for professionalism in the Justice Department. He outlined the steps that the department is taking to address items in the inspector general’s recent report on political hirings within the Justice Department. “The mission of the Justice Department is the evenhanded application of the Constitution and the laws enacted under it,” said Mukasey. “That mission has to start with the even-handed application of the laws within our own department.”

In his speech to the House on Aug. 11, incoming ABA President H. Thomas Wells Jr. noted the common core values of the legal profession, among them access to justice, independence of the judiciary and bar, diversity and the rule of law. He also emphasized that the association has neither a “D” nor an “R” after its name, referring to political party. Wells also stated his intention of a more intense promotion of ABA policy on Capitol Hill and working with the next administration to the greatest extent possible.

During the meeting, Judge Patricia Wald received the ABA Medal of Honor, the association’s highest honor. In accepting, Judge Wald reminded the audience about what is really important, asking, “Did I make a difference, did I leave a footprint in someone's life?”

Finally, attendees heard a passionate debate moderated by Connie Schultz, columnist for the Cleveland Plain Dealer, regarding the use of subpoenas to compel reporters to disclose their sources. Panelists included Floyd Abrams, First Amendment lawyer; Jim Fleissner, Mercer University School of Law; and Geoffrey Stone, University of Chicago Law School.

For other Annual Meeting news, including audio and video clips, click here.

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