Midyear Meeting

ABA Seeks to Avoid ‘Hobson’s Choice’ in International Discovery

In a close vote, the ABA House of Delegates has passed a resolution urging U.S. courts to “consider and respect” the data protection and privacy laws of foreign countries. Resolution 103A says U.S. courts in civil discovery disputes should consider and respect foreign privacy laws “where possible in the context…

Feb 6, 2012 9:01 PM CST

ABA President-Elect Nominee Silkenat: Transformation of Legal Education on the Horizon

ABA President-Elect Nominee James R. Silkenat made clear Monday that legal education is a primary issue of concern. Speaking on Monday to the ABA House of Delegates, Silkenat said the profession is faced with a number of difficult issues, and legal education is one of them. American law schools provide…

Feb 6, 2012 8:42 PM CST

ABA Supports Uniform Law for Online Publication of Court Decisions and Laws

The ABA House of Delegates has approved a resolution supporting the Uniform Electronic Legal Material Act governing the authentication and preservation of laws, court decisions and other legal materials published online. Resolution 102B supporting the model law was approved on a voice vote, though a significant number of delegates voted…

Feb 6, 2012 5:56 PM CST

Should Courts Use Video Interpreters? ABA Standards Offer Guidance

The ABA House of Delegates has adopted new standards for court interpreter services and approved a resolution urging adequate funding to implement them. The ABA Standards for Language Access in Courts are described as a “blueprint” to help courts designing and implementing a system of language access. They acknowledge that…

Feb 6, 2012 5:22 PM CST

Resolution Supports Equal Access to Therapeutic Courts for Noncitizens

Therapeutic courts such as drug and domestic violence courts are effectively off limits to noncitizens, partly because the programs often require a conditional guilty plea that could result in deportation. A resolution addressing the issue was approved on Monday by the ABA House of Delegates. The resolution states that the…

Feb 6, 2012 4:57 PM CST

ABA President Calls for Nationwide Law Day Press Conferences on Court Funding

ABA President Wm. T. (Bill) Robinson III has focused on state court funding problems throughout his presidency, and he continued to hammer home his points during a meeting of the ABA House of Delegates on Monday. “We need to educate the public, we need to address business leaders and especially…

Feb 6, 2012 4:47 PM CST

Resolution Tackles Expert Evidence Issues in Criminal Cases

The ABA House of Delegates has approved a resolution designed to help jurors in criminal cases assess expert evidence. Resolution 101C urges judges and lawyers to consider several factors in determining how expert evidence should be presented to juries and how jurors should be instructed. The resolution lists seven factors,…

Feb 6, 2012 4:39 PM CST

ABA House Considers Digital-Age Issue: Cops’ Access to Third-Party Records

The ABA House of Delegates has adopted standards that could be used by courts and legislatures when deciding whether law enforcement investigating crimes should have access to records held by third parties. The ABA Criminal Justice Standards on Law Enforcement Access to Third Party Records (Resolution 101A) would apply to…

Feb 6, 2012 4:36 PM CST

Cert Petition Highlights Issues Spurring Bar Independence Resolution

A Supreme Court cert petition highlights the issues that spurred the bar association of Puerto Rico to propose an ABA resolution urging respect for the independence of the organized bar. The ABA House of Delegates passed Resolution 10A on Monday. It urges courts and legislatures that regulate the legal profession…

Feb 6, 2012 4:27 PM CST

New Orleans Mayor: ‘We’re Waiting for Locusts Now’

New Orleans Mayor Mitchell Landrieu welcomed lawyers to his city on Monday when he addressed the ABA House of Delegates. Landrieu was a state lawmaker and a lawyer who practiced law for 15 years before he became mayor. Now, he told the ABA House, he has the “great privilege and…

Feb 6, 2012 3:40 PM CST

Nominating Committee Selects New York Lawyer James Silkenat to Become ABA President

Running as an unopposed candidate, James R. Silkenat has known for more than a year that his selection to become president-elect nominee of the ABA was inevitable. But still, standing in a hallway outside the room where the ABA Nominating Committee was confirming that result in executive session, Silkenat acknowledged…

Feb 5, 2012 8:59 PM CST

Preserving Court Funding Will Require Effective Political Efforts by the Judiciary and Its Allies

Whether they like it or not, leaders of the judiciary must be willing to play politics in efforts to preserve funding for their state and local court systems. That was the collective message voiced by several court administrators, members of the judiciary and legislators who engaged in blunt discussions on…

Feb 5, 2012 1:04 AM CST

Scalia Denies Abortion Views Influenced by Religion, Calls His GPS Opinion ‘Defendant Friendly’

Updated: Justice Antonin Scalia doesn’t shy from controversy, even before a large crowd of ABA members. On Saturday during the ABA Midyear Meeting in New Orleans, Scalia answered questions posed by Boston University law dean emeritus Ronald Cass and then from the audience. Topics included abortion, religion, lawyer pay and…

Feb 5, 2012 12:03 AM CST

Eric Holder Announces $2.4M in Grants to Help Improve Indigent Criminal Defense Services

U.S. Attorney General Eric Holder today announced two new Justice Department programs aimed at helping to bolster indigent defense services at the state and local levels. Between them, the two programs will make up to $2.4 million in federal funding available to research projects studying the barriers that prevent criminal…

Feb 4, 2012 11:24 PM CST

Panelists See Progress for Women of Color at Corporate Legal Departments, But Barriers Still Exist

Many large corporations are making significant progress in bringing diversity to their legal departments and creating opportunities for women of color to advance, but a panel of women lawyers in corporate leadership positions told a packed audience today that women also need to take control of their careers if they…

Feb 4, 2012 2:22 AM CST