Yld2012 pre assemblypresentation

AMERICAN BAR AMERICAN BAR ASSOCIATIONASSOCIATION

Young Lawyers Division ASSEMBLY Orientation

The Division OfficersThe Division Officers

Latanishia D. Watters Assembly Speaker

Mario A. Sullivan, Secretary-TreasurerChristopher A. Rogers, Chair-Elect

Michael G. Bergmann YLD Chair

Jennifer G. Daugherty Assembly Clerk

The Division Constitutional The Division Constitutional RepresentativesRepresentatives

Elizabeth Acee, House of Delegates Kelly-Ann F. Clarke, House of Delegates

Ethan Tidmore, House of Delegates Jonathan W. Wolfe, House of Delegates

The Division Constitutional The Division Constitutional RepresentativesRepresentatives

David Wolfe, Immediate Past Chair/ Nominating Committee

Kendyl Hanks, Board of Governors

Michael Pellicciotti, Board of GovernorsBill Ferreira, Board of Governors

Nominee

The YLD AssemblyThe YLD AssemblyWhat is it?What is it?

The principal policy-making body of the Young The principal policy-making body of the Young Lawyers Division Lawyers Division

Only forum where state, local, military, and Only forum where state, local, military, and specialty YL groups from across the U.S. debate specialty YL groups from across the U.S. debate important issuesimportant issues

Forum for the ABA and YLD leadership to share Forum for the ABA and YLD leadership to share their goals and plans for the current bar year and their goals and plans for the current bar year and beyond beyond

Convenes twice a year at the ABA'sConvenes twice a year at the ABA's Midyear and Midyear and Annual meetings Annual meetings

Receives reports from the ABA and YLD Leaders Receives reports from the ABA and YLD Leaders and debates and votes on certain resolutions and debates and votes on certain resolutions

affecting youngaffecting young lawyers in the legal professionlawyers in the legal profession

ABA Leaders ABA Leaders Address YLD AssemblyAddress YLD Assembly

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The YLD AssemblyThe YLD AssemblyWho is it?Who is it?

Voting members of the ABA YLD CouncilVoting members of the ABA YLD Council – OfficersOfficers– Immediate Past ChairImmediate Past Chair– Constitutional RepresentativesConstitutional Representatives– DirectorsDirectors– ABA Law Student Division ChairABA Law Student Division Chair– District RepresentativesDistrict Representatives– National Affiliate RepresentativesNational Affiliate Representatives

Delegates representing the state affiliatesDelegates representing the state affiliates Two delegates representing each National AffiliateTwo delegates representing each National Affiliate A delegate representing each military branchA delegate representing each military branch

The YLD AssemblyThe YLD AssemblyHow It WorksHow It Works

The YLD AssemblyThe YLD Assembly Rules and proceduresRules and procedures The check in/certification process for The check in/certification process for

the delegates the delegates What to expect and what you need to What to expect and what you need to

bring bring Brief overview of the resolutions to be Brief overview of the resolutions to be

debated and what resolutions will be debated and what resolutions will be placed on the consent calendar placed on the consent calendar

ABA House of Delegates BasicsABA House of Delegates Basics

Assembly Rules and ProceduresAssembly Rules and Procedures Resolutions debated according to the rules of parliamentary Resolutions debated according to the rules of parliamentary

procedure and Robert’s Rules of Order, Newly Revisedprocedure and Robert’s Rules of Order, Newly Revised 3 types of resolutions 3 types of resolutions

i.i. Resolutions from YLD affiliates, committees, teams, Resolutions from YLD affiliates, committees, teams, boards, officers, or delegatesboards, officers, or delegates. .

To become actual ABA policy - must be passed by both the YLD To become actual ABA policy - must be passed by both the YLD Assembly and the ABA House of Delegates Assembly and the ABA House of Delegates

ii.ii. Resolutions scheduled for debate by the ABA House of Resolutions scheduled for debate by the ABA House of DelegatesDelegates (HOD meets on the Monday following the YLD (HOD meets on the Monday following the YLD Assembly). Assembly).

iii.iii. Resolutions placed on the “consent” calendarResolutions placed on the “consent” calendar. . Generally have little or no oppositionGenerally have little or no opposition If no delegate removes it from calendar, automatically passed If no delegate removes it from calendar, automatically passed without debate without debate

The full Assembly agenda and the text of the resolutions to be debated, as well as consent calendar resolutions are available on the YLD websitehttp://www.americanbar.org/groups/young_lawyers/about_us/assembly.html.

Meeting Materials:Meeting Materials: How to Stay InformedHow to Stay Informed YLD’s Website - www.ambar.org/YoungLawyersYLD’s Website - www.ambar.org/YoungLawyers

Meeting Materials: How to Stay InformedMeeting Materials: How to Stay Informed YLD’s Assembly Website - Click From the Home Page ‘About Us’ then ‘Assembly’YLD’s Assembly Website - Click From the Home Page ‘About Us’ then ‘Assembly’

Must be an ABA member and registered for the Must be an ABA member and registered for the meeting!meeting!

Must be a YLD member or member of a YLD Must be a YLD member or member of a YLD affiliate!affiliate!

Pre-register as delegate through your affiliatePre-register as delegate through your affiliate Must also certify on-site in personMust also certify on-site in person Must have your ABA badge to certify (i.e. sign in Must have your ABA badge to certify (i.e. sign in

and pick up your delegate ribbon)and pick up your delegate ribbon) Alternates also must sign in but do not receive a Alternates also must sign in but do not receive a

ribbonribbon YLD Certification held at main ABA registration YLD Certification held at main ABA registration

areaarea YLD Council Members certify at the Thursday council YLD Council Members certify at the Thursday council

meeting meeting

The Delegate Certification Process

What to expect and bringWhat to expect and bringAssembly held at the YLD HotelAssembly held at the YLD HotelBusiness Attire RequiredBusiness Attire RequiredBe in your designated seat no later than 1pm on Be in your designated seat no later than 1pm on Friday and 9am on SaturdayFriday and 9am on SaturdaySeating is by district/state. Council members sit Seating is by district/state. Council members sit with their district/state. Find your district with their district/state. Find your district number/state.number/state.May only sit with your delegation and vote if you May only sit with your delegation and vote if you have ABA badge and delegate ribbon. Alternates have ABA badge and delegate ribbon. Alternates also sit with district/state if there are enough seats.also sit with district/state if there are enough seats.Print the Assembly Agenda and copies of the Print the Assembly Agenda and copies of the resolutions to be debated before you leave home. resolutions to be debated before you leave home. Copies will not be available onsiteCopies will not be available onsite. .

Delegate Certification HoursDelegate Certification Hours May change depending on the meeting and the May change depending on the meeting and the

main ABA Registration hoursmain ABA Registration hours 2012 Annual Meeting Chicago YLD Certification 2012 Annual Meeting Chicago YLD Certification

ScheduleSchedule::

Thursday 10:00 am – 5:30 pm / ABA RegistrationThursday 10:00 am – 5:30 pm / ABA RegistrationRiverside Center, Purple Level, East Tower, Hyatt Regency Riverside Center, Purple Level, East Tower, Hyatt Regency

ChicagoChicago Friday 8:00 am – Noon / ABA RegistrationFriday 8:00 am – Noon / ABA RegistrationSaturday 7:00 am – 8:00 am / YLD Hotel Saturday 7:00 am – 8:00 am / YLD Hotel

Swissotel Chicago, 323 East Wacker DriveSwissotel Chicago, 323 East Wacker Drive

For updated schedule, go to the YLD website and view the For updated schedule, go to the YLD website and view the meeting schedule: meeting schedule: http://www.americanbar.org/groups/young_lawyers.hhttp://www.americanbar.org/groups/young_lawyers.htmltml

Any Delegate May Move To Any Delegate May Move To Reopen Certification Reopen Certification

Simple Majority to PassSimple Majority to Pass

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Overview of Resolutions Scheduled for Overview of Resolutions Scheduled for Debate at the 2012 Annual MeetingDebate at the 2012 Annual Meeting

YLD ResolutionsYLD Resolutions– 7YL: 7YL: This Resolution urges state and territorial bar This Resolution urges state and territorial bar

associations to mandate a certain amount of periodic associations to mandate a certain amount of periodic continuing legal education regarding information continuing legal education regarding information technology-related aspects of practicing law, such as technology-related aspects of practicing law, such as instruction on preservation, recovery and discovery of instruction on preservation, recovery and discovery of electronically stored information.electronically stored information. Pro:Pro: Ross Feldmann, Washington, D.CRoss Feldmann, Washington, D.C Con:Con:

– 8YL: 8YL: This Resolution urges federal legislation to support This Resolution urges federal legislation to support human trafficking victims in expanding the number of human trafficking victims in expanding the number of transitional and rehabilitative residential options, through transitional and rehabilitative residential options, through offering federal grants to non-profit agencies to transition offering federal grants to non-profit agencies to transition donated properties to provide housing for human trafficking donated properties to provide housing for human trafficking victims.victims. Pro:Pro: Christina Liu, Chicago, ILChristina Liu, Chicago, IL Con:Con:

Overview ContinuedOverview Continued YLD ResolutionsYLD Resolutions

– 9YL: 9YL: This Resolution urges all state bar associations to This Resolution urges all state bar associations to include the following language in their attorney oaths of include the following language in their attorney oaths of admission (either verbatim or in substance): "To opposing admission (either verbatim or in substance): "To opposing parties and their counsel, I pledge fairness, integrity, and parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral civility, not only in court, but also in all written and oral communications." communications." Pro:Pro: Min K. Cho, Orlando, FL Min K. Cho, Orlando, FL Con:Con:

– 10YL: 10YL: This resolution urges all state, territorial and tribal This resolution urges all state, territorial and tribal branches of government to act within their authority to branches of government to act within their authority to reverse any legislation and related policies expanding legal reverse any legislation and related policies expanding legal justification for the use of deadly force in self-defense, justification for the use of deadly force in self-defense, returning to their jurisdictions’ prior self-defense regimes, as returning to their jurisdictions’ prior self-defense regimes, as articulated in statute and common law. Such repeal should, articulated in statute and common law. Such repeal should, in particular, abrogate any presumption of reasonableness, in particular, abrogate any presumption of reasonableness, lack of a requirement that threats justifying deadly force be lack of a requirement that threats justifying deadly force be imminent, and immunity from civil suit.imminent, and immunity from civil suit. Pro:Pro: Joshu Harris, Philadelphia, PAJoshu Harris, Philadelphia, PA Con: Con:

Overview ContinuedOverview Continued YLD ResolutionsYLD Resolutions

– 11YL: 11YL: This resolution urges state and territorial governments This resolution urges state and territorial governments to require all judges and justices serving in (i) any state to require all judges and justices serving in (i) any state court, or (ii) a local court authorized to decide criminal court, or (ii) a local court authorized to decide criminal matters or detain individuals, to have been admitted to matters or detain individuals, to have been admitted to practice law in the highest court of the State, practice law in the highest court of the State, Commonwealth, Territory or Possession, or the District of Commonwealth, Territory or Possession, or the District of Columbia.Columbia. Pro:Pro: Samuel J. Edmunds, Eagan, MNSamuel J. Edmunds, Eagan, MN Con: Con:

HOD ResolutionHOD Resolution– This Resolution reaffirms the following policy adopted July This Resolution reaffirms the following policy adopted July

2000: The sharing of legal fees with non-lawyers and the 2000: The sharing of legal fees with non-lawyers and the ownership or control of the practice of law by non-lawyers ownership or control of the practice of law by non-lawyers are inconsistent with the core values of the legal profession. are inconsistent with the core values of the legal profession. The law governing lawyers that prohibits lawyers from The law governing lawyers that prohibits lawyers from sharing legal fees with non-lawyers and from directly or sharing legal fees with non-lawyers and from directly or indirectly transferring to non-lawyers ownership or control indirectly transferring to non-lawyers ownership or control over entities practicing law should not be revised.over entities practicing law should not be revised. Pro:Pro: John E. Thies, President, ISBA, Urbana, ILJohn E. Thies, President, ISBA, Urbana, IL Con:Con: H. Thomas Wells, Jr., Former ABA H. Thomas Wells, Jr., Former ABA

President, Birmingham President, Birmingham

Overview ContinuedOverview Continued Consent CalendarConsent Calendar

YLD ResolutionsYLD Resolutions::– 4YL: 4YL: Recommends that the YLD Bylaws be revised in the Recommends that the YLD Bylaws be revised in the

form set forth in Resolution 4YL - Appendix A.form set forth in Resolution 4YL - Appendix A.– 5YL: 5YL: Recommends that Articles VI, VII, and XI of the YLD Recommends that Articles VI, VII, and XI of the YLD

Bylaws relating to the office of Secretary-Treasurer be Bylaws relating to the office of Secretary-Treasurer be amended as set forth in Resolution 5YL, with the intention amended as set forth in Resolution 5YL, with the intention that the amendments take effect with the 2014-2015 bar that the amendments take effect with the 2014-2015 bar year.year.

– 6YL: 6YL: Recommends that Sections 1.3, 5 and 6 of the Recommends that Sections 1.3, 5 and 6 of the Assembly Standing Rules be amended as set forth in Assembly Standing Rules be amended as set forth in Resolution 6YL.Resolution 6YL.

House of Delegates ResolutionsHouse of Delegates Resolutions– 101, 102, 105A, 105B, 105C, 105D, 105E, 105F, 107A, 101, 102, 105A, 105B, 105C, 105D, 105E, 105F, 107A,

107B, 110, 109C, 112A, 113, and 300B107B, 110, 109C, 112A, 113, and 300B– For the full text of the above HOD resolutions, go to For the full text of the above HOD resolutions, go to

http://www.americanbar.org/content/dam/aba/adminhttp://www.americanbar.org/content/dam/aba/administrative/house_of_delegates/istrative/house_of_delegates/2012_hod_annual_meeting_summary_of_resolutions.2012_hod_annual_meeting_summary_of_resolutions.authcheckdam.docauthcheckdam.doc

Interested in Debating?Interested in Debating?

Contact the YLD Assembly Speaker Contact the YLD Assembly Speaker Latanishia Watters at [email protected] Watters at [email protected]

Interested in being a Delegate?Interested in being a Delegate?

Contact the YLD Assembly ClerkContact the YLD Assembly Clerk

Jennifer Daugherty at JJennifer Daugherty at [email protected]@rkmc.com

DIVERSITYDIVERSITY makes the Assembly work ! ! ! makes the Assembly work ! ! !

Assembly Delegates

Get Involved!Get Involved!

The ABA House of DelegatesThe ABA House of DelegatesBasicsBasics

560 members Policy-making authority of the ABA Elect ABA’s highest officersLike the YLD Assembly, HOD has 1 session at Midyear and 2 sessions at Annual

Midyear: HOD meets all day the Monday following the YLD AssemblyAnnual: HOD meets all day the Monday and Tuesday following the YLD Assembly

Delegates from state and local bars across the countryAuthority to make the official policy of the ABA Open to the publicStreamed on ABA House of Delegates page if you cannot attend in person

Staff SupportStaff Support

Assembly and Delegate CertificationAssembly and Delegate CertificationRachel Dawson, DirectorRachel Dawson, Director

[email protected]@americanbar.org

Tara Blasingame, AdministratorTara Blasingame, [email protected]@americanbar.org

www.americanbar.org/groups/young_lawyers/about_us/www.americanbar.org/groups/young_lawyers/about_us/assembly.htmlassembly.html

AssemblyAssembly

Thank You!Thank You!