Via Webinar November 11, 2014. Welcome Section of Litigation Chair Nancy Scott Degan 2.

ABA POLICY 101Via Webinar

November 11, 2014

Welcome

Section of Litigation ChairNancy Scott Degan

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FacultyHilarie Bass

Chair, ABA Resources Committee

Judge Bernice Donald

Section Delegate

Linda Klein

ABA Resource Committee

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Navigating the ABA Policy Process

Introduction to the ABA House of Delegates

ABA Governance

The Section of Litigation’s Role within ABA

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ABA Section of Litigation

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ABA House of Delegates: What is it?52 State Delegates231 State Bar Delegates74 Local Bar Delegates18 Delegates-at-Large75 Present & Former Officers and Board Members73 Section, Division & Conference Delegates 4 Territorial Bar Association Delegates

Government OfficialsDelegates from Affiliated Organizations

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Getting the ABA on Record/Bringing Policy Before the House

Determine committee policy prioritiesDetermine whether ABA policy existsDraft the resolution and reportPresent a draft resolution to CouncilBuild alliances and garner support

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How an Idea Becomes Legislative Policy

1. Consideration

and approval of Resolution by

sponsoring entity

2. Solicitation of support

3. Submission to Policy Administration for consideration by HOD Committee on

Rules & Calendar

4. Rules & Calendar reviews

Resolution for compliance/

language

5. Rules & Calendar

responds to sponsoring

entity

6. Consideration

by the HOD

7. If approved, resolution becomes

Association policy

8. Governmental Affairs Office

lobbies Congress

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Model Policy ResolutionAmerican Bar Association

Adopted By The House of DelegatesAugust 12-13, 2013

Resolution

RESOLVED, That the American Bar Association urges federal, tribal, state, local, and territorial governments to take legislative action to curtail the availability and effectiveness of the “gay panic” and “trans panic” defenses, which seek to partially or completely excuse crimes such as murder and assault on the grounds that the victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction. Such legislative action should include:

Requiring courts in any criminal trial or proceeding, upon the request of a party, to instruct the jury not to let bias, sympathy, prejudice, or public opinion influence its decision about the victims, witnesses, or defendants based upon sexual orientation or gender identity; and

Specifying that neither a non-violent sexual advance, nor the discovery of a person’s sex or gender identity, constitutes legally adequate provocation to mitigate the crime of murder to manslaughter, or to mitigate the severity of any non-capital crime.

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Implementing PolicyABA Governmental Affairs OfficeABA Communications and Media Relations

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Congressional Testimony

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Congressional or Agency Letter

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Blanket Authority allows Sections of the Association to present statements within their particular expertise and jurisdiction to appropriate government agencies while providing prior notice to other sections, divisions, and officers.

Blanket Authority

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Amicus BriefsThe ABA Standing Committee on Amicus Curiae Briefs:Reviews all applicationsDetermines whether proposed briefs meet ABA standards Make recommendations to the Board of Governors on

whether a proposed brief should be approved for filing General Counsel’s Office supports the Standing Committee Information on drafting an Association amicus brief:

“ABA Policies and Procedures for Filing ABA Amicus Curiae Briefs” (“ABA Amicus Briefs Memo”), see website:

www.americanbar.org/groups/committees/amicus.html

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Section of Litigation Amicus Brief Committee

Thomas “Tom” Donlon, Co-Chair203/462-7549tdonlon@rc.com

M.C. Sungaila, Co-Chair714/427-7000mcsungaila@swlaw.com

Resources

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Resources

Hilarie Bass, Chair305/579-0745

bassh@gtlaw.com

Kim Askew Bob CliffordLaurel Bellows Clark CooperPaulette Brown Beth KaufmanBob Carlson Linda KleinDavid Clark David Weiner

ABA Resource Committee

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Resources

Don Bivens602/382-6549dbivens@swlaw.com Judge Bernice Donald901/495-1299Bernice_Donald@ca6.uscourts.gov

Dennis Drasco973/228-6770ddrasco@lumlaw.com Lawrence Fox215/988-2714Lawrence.fox@dbr.com

Section of Litigation Delegates

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ResourcesDrafting Guide For Resolutions With Reports

May be found on the ABA House of Delegates website

http://www.americanbar.org/groups/leadership/house_of_delegates.html

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http://www.americanbar.org/content/dam/aba/administrative/house_of_delegates/2014-2015_policy_and_procedures_handbook_greenbook1.authcheckdam.pdf

Resources

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Important Dates

Deadline to file Resolutions with Reports for the 2015 Midyear Meeting – Wednesday, November 19, 2014.

Committee on Rules and Calendar review all Resolutions with Reports - December 4-7, 2014.

House of Delegates meeting at the 2014 Midyear Meeting in Houston – February 9-10, 2014.

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Questions?

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ABA POLICY 101Via Webinar

November 11, 2014