ABA DELEGATES GATHER FOR MID-YEAR MEETING IN MIAMI
ABA DELEGATES GATHER FOR MID-YEAR MEETING IN MIAMI
DAN TRAYNOR ABA Delegate
Miami hosted the Mid-Year Meeting of the American Bar Association ( ABA ). The agenda for the House of Delegates seemed relatively light , compared with the substantial topics debated at the past couple of gatherings . All in all , the debate still provided an interesting discussion on developing topics in the law and several important uniform law revisions .
Resolutions 112A-112D – Criminal Justice Section The ABA ’ s Criminal Justice Section offered several resolutions to promote social justice concerns . Resolution 112A supports the accuracy and quality assurance efforts of the Justice Department in the area of microscopic hair analysis . Resolution 112B urges prosecutors to adopt and implement internal conviction-integrity policies relating to a defendant ’ s motion to vacate a conviction based on doubts regarding defendant ’ s guilt or the lawfulness of the defendant ’ s conviction . Resolution 112C encourages law enforcement to develop and use translations of Miranda warnings in as many languages and dialects as necessary to fully inform individuals of their rights . Resolution 112D urges repeal of the Food and Drug Administration prohibition on blood donations from gay men and to develop non-discriminatory methods for obtaining medically safe blood donations and testing for infectious diseases .
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Resolution 113 – Children Conceived Through ART Recent advancements in medical technology have enabled the global expansion of third-party assisted reproduction for both infertile couples and single individuals . Children conceived through modern forms of Assisted Reproductive Technologies ( ART ) often do not have a biological , or gestational , relationship to their legal , intended parents .
Resolution 113 urges the U . S . State Department to interpret the Immigration and Nationality Act , 8 U . S . C . § 1401 , to recognize those children born to intended parents , even if those legally recognized parents do not have a biological ( genetic or gestational ) relationship with the child , so long as at least one of the intended parents is a U . S . citizen who is legally recognized as the child ’ s parent by the country of birth or the intended parents ’ state of domicile and relevant resident or physical presence requirements are met .
Resolution 114 – Parental Rights of the Disabled Resolution 114 responds to a rising number of disability discrimination complaints from parents with disabilities who have had their children taken away , their visitation and access rights restricted , or have been denied reasonable accommodations . It also addresses objections from prospective parents with disabilities who have not been given equal opportunities to become foster parents .
The resolution urges governments to enact legislation and implement public policy providing that custody , visitation , and access shall not be denied or restricted , nor shall a child be removed or parental rights terminated based on a parent ’ s disability , absent a showing that the disability is causally related to a harm or an imminent risk of harm to the child .
Resolution 117A-117F – Commission on Uniform State Laws The National Conference of Commissioners on Uniform State Laws promulgated proposals for a Uniform Family Law Arbitration Act ( 117A ); Uniform Wage Garnishment Act ( 117B ); Uniform Employee and Student Online Privacy Protection Act ( 117C ); Revised Uniform Unclaimed Property Act ( 117D ); Uniform Unsworn Domestic Declarations Act ( 117E ); and Uniform Unsworn Declarations Act ( 117F ).
Resolution 300 – Child Protection Laws The resolution urges legislatures to review their laws and engage stakeholders to ensure that legal prohibitions on the luring or enticing of a minor for sexual acts explicitly address the use of the internet and other electronic means of communication .
SBAND Dinner at ABA
Several North Dakota attendees enjoyed a dinner hosted by SBAND . The dinner has become a bi-annual event at ABA meetings as it occurs at the end of many of the working meetings of committees and sections and before the House of Delegates convenes . It is both enjoyable and beneficial to listen to the perspectives of other North Dakotans involved with the ABA .
Applications for ABA Appointments
After the Mid-Year Meeting , incoming ABA President Hilarie Bass will make approximately 700 appointments to ABA Standing Committees , Specials Committees , Commissions , and other entities and initiatives . I invite all SBAND members to consider becoming involved by applying for one of these nominations at http :// ambar . org / appointments . The ABA ’ s website has a FAQ and Step-by- Step Guide with detailed instructions about the nominations process . The deadline for submissions is Feb . 22 .