Young Lawyers Division 2000-2001
The AFFILIATE
November/December 2000
What Is the House of Delegates Anyway?
By Lori A. Davis
When lawyers think of the ABA, what usually comes to mind is the organization's various commissions, committees, divisions, and sections-however, the House of Delegates, the most intergal part of the ABA, is often overlooked.
What Is the House of Delegates?
The House of Delegates is the policymaking body of the ABA. It was created in 1936 and currently consists of approximately 532 members. The House of Delegates meets twice yearly, at the Midyear and the Annual Meetings. There, the House, as it is called, considers and formulates the policy that governs the ABA's membership. It also renders the official ABA position on issues, such as opposition to the death penalty for the mentally retarded and juveniles and multidisciplinary practice.
The current Chair of the House of Delegates is Karen J. Mathis of Denver, Colorado. Ms. Mathis was elected to this post on July 20, 2000, and is only the second woman to be elected as Chair. Ms. Mathis will serve in this capacity until the year 2002.
Recent House of Delegate Resolutions
Many of the policies initially formulated and proposed by ABA committees and divisions eventually become resolutions for official consideration by the House of Delegates. Of recent note, the House has addressed campaign finance reform, domestic violence, and multidisciplinary practice.
At the New York Annual Meeting, the House of Delegates adopted a resolution relating to campaign finance reform. In this resolution, the House urged federal lawmakers to adopt laws that "encourage full disclosure of money raised in campaigns; establish realistic limits on hard money contributions; and to adopt existing ABA policy opposing solicitation and use of soft money in federal election campaigns." 1
Also in New York, the House adopted resolutions addressing domestic violence. The first of these resolutions urges support of laws 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 This resolution further "encourages courts to take steps to provide safe visitation and safe visitation exchanges for victims and their children."3
Another domestic violence resolution issued by the House of Delegates suggests that courts require mediation in divorce proceedings to permit an opt-out provision for domestic violence victims.4 Both of these domestic violence resolutions were sponsored by the ABA's Commission on Domestic Violence.5
Without question, the most controversial and hotly debated subject of the past year has been multidisciplinary practice. The basic issue was whether lawyers could establish or join firms with accountants and/or other non-attorneys. During the 2000 Annual Meeting, the House adopted a resolution maintaining the status quo: lawyers cannot share fees with nonlawyers, and nonlawyers cannot own or have interests in law firms.6
Young Lawyers and the House of Delegates
Membership in the House of Delegates is not limited to the senior bar. The Young Lawyers Division has representatives to the House of Delegates as well. The ABA/YLD's Bylaws provide for constitutional representatives who are elected to the House of Delegates.7 The YLD also affects ABA policies by offering resolutions to the House of Delegates that have been approved by the YLD's governing body, the Assembly.
The YLD's current representatives to the House of Delegates are:
Fredrick H.L. McClure
William G. Scoggin
La Ronda D. Barnes
Rachelle DesVaux Bedke.
Endnotes
1. GP SOLO, Sept. 2000, at 6-7.
2. A.B.A.J., Oct. 2000, at 94
3. Id.
4. Id.
5. Id.
6. GP SOLO, Sept., 2000, at 7.
7. YLD Bylaws, art. VIII.
