ABA - Young Lawyers Division

Young Lawyers Division 2000-2001

The AFFILIATE

January / February 2001

Resolutions to Be Considered During the Midyear Meeting

By Chris Glembocki

One of the great aspects of the American legal system is the ability of the law to change. While the public generally considers only the legislative branch of government in making new laws, a number of other entities help shape the character of these laws. One of these entities is the American Bar Association (ABA). After passing resolutions in the House of Delegates, these resolutions are forwarded to law-making entities for consideration.

The House of Delegates receives resolutions from the sections and divisions of the ABA. The Young Lawyers Division will be voting on a number of resolutions on Saturday, February 17, 2000, during the ABA Midyear Meeting. These resolutions address a variety of issues dealing both with the state of the law and the practice of law.

The following lists the various resolutions presently being considered for presentation to the Assembly. Because of time constraints, not all the resolutions will be addressed during the Assembly. If you would like to be involved in presenting or offering your opinion regarding any of the resolutions, please contact Toya C. Cook Haley, the YLD Assembly Speaker, at tcchaley@flash.net.

1. YLD Children and the Law Committee:
Resolution to:

1) Urge Congress and state, local, and territorial legislatures to enact laws that provide youth up to age 21 transitioning out of foster care full access to individualized, quality independent living services and health care;
2) Urge state, local, and territorial legislatures to implement the Medicaid expansion option of the federal Foster Care Independence Act; and
3) Urge state, local, and territorial legislatures to enact laws that extend the jurisdiction of dependency courts over youth transitioning out of foster care until age 21, and the organized bar to work to ensure that youth transitioning out of foster care have access to competent counsel who can advocate for independent living and health care services, including those provided in accordance with the federal Foster Care Independence Act.

2. YLD Bankruptcy Law Committee:

Resolution urging the U.S. Congress to amend the venue provisions of 28 U.S.C. § 1408 in the following manner:
1) That 28 U.S.C. § 1408(1) be amended to limit venue for a bankruptcy petition by a corporation, partnership, or other business entity to a forum where the entity has its principal place of business, a substantial portion of its assets, or where the greatest number of the entity's creditors reside; and
2) That 28 U.S.C. § 1408(1) and (2) be amended to eliminate a business entity's place of incorporation as a basis for venue in a bankruptcy case.

The YLD Assembly will also consider the following resolutions currently slated to be considered at the House of Delegates, which is scheduled to meet on Monday and Tuesday, February 19-20, 2001.

103B Criminal Justice Section, Supports safe schools while proposing that school Family Law Section, Steering responses to alleged student misbehaviors be Committee on Unmet Legal individualized and fair, and opposes "zero Needs of Children, tolerance" policies that mandate either expulsion or Commission on Mental and referral of students to juvenile or criminal court Physical Disability, Young without regard to the circumstances or nature of the Lawyers Division. offense or the student's history.

106A Coordinating Committee On Supports the appointment of counsel at government Immigration Law, Criminal expense for unaccompanied children for all stages Justice Section. of immigration processes and proceedings and supports the establishment of an independent office within the Department of Justice with child welfare expertise to ensure that children's interests are respected at all stages of immigration processes.

106B Coordinating Committee On Opposes the involuntary transfer of detained Immigration Law, Criminal immigrants and asylum seekers to facilities that Justice Section. impede an existing attorney-client relationship.

106C Coordinating Committee On Opposes the use of secret evidence in immigration Immigration Law, Criminal proceedings, including but not limited to: (1) using Justice Section. secret evidence to deport noncitizens; (2) denying immigration benefits to noncitizens based on secret evidence; (3) refusing to release on bond noncitizens based on secret evidence; and (4) denying admission to returning lawful permanent residents, people who have been paroled into the United States and asylum seekers, based on secret evidence.

110 Individual Rights and Urges that gender-based persecution be recognized Responsibilities Section as grounds for asylum under the Immigration and Nationality Act and supports federal legislative or administrative action to ensure in interpretations or applications for asylum that the terms "social group" and "persecution" are more inclusive.

For information regarding the YLD Bylaws, go to www.abanet.org/ftp/pub/yld/99bylaws.doc. For information regarding the YLD Assembly, go to www.abanet.org/yld/about/assembly_info.html. For information regarding the ABA Midyear Meeting, including registration information, go to www.abanet.org/yld/Midyear/midyear.html.

Chris Glembocki is an assistant editor of The Affiliate and practices law with Banner & Wittcoff, Ltd., in Washington, D.C.