MEMORANDUM

TO:

FROM:

SUBJECT: 2016 Annual Meeting of the American Bar Association and Meeting of the House of Delegates

DATE: September 13, 2016

______

REPORT ON THE ABA ANNUAL MEETING

The 138th Annual Meeting of the American Bar Association (the “ABA” or the “Association”) was held August 3-9, 2016, at the Moscone Convention Center West, in San Francisco, California. Wide varieties of programs were sponsored by committees, sections, divisions, forums and affiliated organizations. The House of Delegates met for one and a half days. The Meeting of the Membership was held and the Nominating Committee also met.

The Nominating Committee sponsored a “Coffee with the Candidate” Forum on Sunday, August 7, 2016. Robert M. Carlson of Montana, candidate for President-Elect seeking nomination at the 2017 Midyear Meeting gave a speech to the Nominating Committee and to the members of the Association present and responded to questions.

THE HOUSE OF DELEGATES

The House of Delegates of the American Bar Association (the “House”) met on Monday, August 8, and Tuesday, August 9, 2016. Patricia Lee Refo of Arizona presided as Chair of the House of Delegates.

The Travis United States Air Force Base Honor Guard presented the colors. The invocation for the House was delivered by Canon Julia McCray-Goldsmith of California. The Chair of the House Committee on Credentials and Admissions, Hon. Leslie Miller of Arizona, welcomed the new members of the House, reported the results of the 2015 Five-Year Review, and moved that the signed roster be approved as the permanent roster for this meeting of the House. The motion was approved.

Reginald M. Turner, Jr. of Michigan, Chair of the Committee on Rules and Calendar, provided a report on the Final Calendar for the House, including recently filed reports. He moved to adopt the final calendar and approve the list of individuals who sought privileges of the floor. Both motions were approved. Mr. Turner noted that the deadline for submission of Resolutions with Reports for the 2017 Midyear Meeting is Wednesday, November 16, 2016, while the deadline for Informational Reports is Friday, December 2, 2016. He also referred to the consent calendar, noting the deadline for removing an item from the consent calendar or from the list of resolutions to be archived. Mr. Turner reminded the House of the treatment of Reports 400A and 400B regarding the archiving of policies.

Later in the day, Mr. Turner moved the items remaining on the consent calendar. The motion was approved.

Deceased members of the House were named and remembered by a moment of silence. Chair Refo recognized Richard Lipton of Illinois to speak in honor of Kenneth W. Gideon. Chair Refo also recognized Michael S. Greco of Massachusetts to speak in honor of Roy Hammer, Robert N. Weiner of the District of Columbia to speak in honor of Esther Lardent, Michael Haywood Reed of Pennsylvania to speak in honor of the Honorable Norma L. Shapiro, Judy Perry Martinez of Louisiana to speak in honor of Ambassador John G. Weinmann, and Claire P. Gutekunst of New York to speak in honor of Robert MacCrate, former ABA President.

Chair Refo also asked for recognition of those who had given their lives in defense of our freedom.

For more details of the House meeting, see the following two-part report of the House session. The first part of the report provides a synopsis of the speeches and reports made to the House. The second part provides a summary of the action on the resolutions presented to the House.

I. SPEECHES AND REPORTS MADE TO THE HOUSE OF DELEGATES (Click on statement links as applicable to view video of statements and remarks)

Statement by the Chair of the House of Delegates

Patricia Lee Refo of Arizona, Chair of the House of Delegates, welcomed the delegates in the House and thanked the ABA Communications and Media Relations Division for informing ABA members, the legal community and the general public about developments in the House. Chair Refo also recognized members of the various House committees.

Chair Refo extended a special welcome to new members of the House and recognized those delegates who have served the House for 25 years or longer.

In her statement to the House, Chair Refo discussed the procedure for addressing the business and calendar of the House. She recognized and thanked the Committee on Rules and Calendar, chaired by Reginald M. Turner, Jr. and comprised of members Kim Askew, Joseph D. O’Connor, Christina Plum, and Charles J. Vigil and Committee staff, Alpha Brady and Rochelle Evans.

Chair Refo recognized the Fund for Justice and Education (‘FJE”) as the ABA’s charitable arm and urged member support of FJE. She also recognized the importance

2 of the ABA Legal Opportunity Scholarship Fund, which is an FJE project.

Chair Refo highlighted the important policy role of the House, identifying recent successes where the ABA urged Congress to support the Legal Services Corporation and reauthorization of the Violence Against Women Act. She encouraged all members to be active in the ABA Grassroots Action Team and participate in ABA Day in Washington, D.C. The next ABA Day will be April 25-27, 2017.

Statement by the Secretary

Secretary Mary T. Torres of New Mexico moved that the proposed Summary of Action for the House for the 2016 San Diego Midyear Meeting be adopted as the official record of the House. The motion was approved. Secretary Torres also moved that the House adopt the recommendations for the continuation of certain special committees and commissions (Report 177A). The motion was approved.

Statement by the ABA President

ABA President Paulette Brown of New Jersey began by stating how deeply grateful she was for the past year. It was a year she will not soon forget. She has emerged stronger, more enlightened, and more determined to use her law degree to help others.

When she began her year, she asked that the ABA heed the words of Charles Hamilton Houston’s admonition to use their law degrees to be “social engineers” for justice. She wanted to focus on the ABA’s four goals – particularly those that build on our commitment to defend liberty and deliver justice. She also committed to furthering the association’s work toward a more diverse and inclusive profession and to serve the ABA members. She is thrilled to report that with the help of hard-working ABA members around the country, the ABA has achieved the goals and much more.

In her Main Street Initiative, President Brown took the ABA to its members. President Brown made approximately 320 domestic visits in all 50 states, the District of Columbia, and two territories. She listened, learned and spread the good news about what the ABA is doing for its profession, its members, and its country. She also learned what its lawyers do for the ABA and the communities they serve.

In each place, lawyers, law students, young people, educators, and ordinary citizens were excited to meet the President of the ABA. She carries fond memories of extra special moments that will live with her forever. Each encounter affirmed President Brown’s belief that while we as a people sometimes have conflicting interests, as lawyers we are joined by a mutual love for the country, the profession we share, and for each other. This includes a common desire to make a better place for everyone and to rise to the occasion and stand up for what is just and what is right.

During her visits to more than 40 Boys’ and Girls’ Clubs, she and the

3 accompanying judges, young lawyers, law students, and bar leaders were able to create lasting relationships with the clubs and some of its young people. These relationships build the pipeline of opportunity to the legal profession. President Brown hopes the visits were able to leave these young people with lasting, positive impressions of lawyers and to make them think, “This is something I want and can do.” In many states there are programs that reach out to high school and middle school age students by the ABA and distinguished judges to help youth to realize the potential they possess and the rights they have available.

She attended more than 30 Entity meetings across the country. These entities are the foundation of our association. They are dedicated to furthering legal skills and to improving the lives of many others.

All ABA members make a difference to the association and its civil society. That is why, through the ABA Everyday Initiative, the ABA worked hard, with the assistance of ABA entities to offer free benefits to help members advance their legal skills and improve their practices.

For young lawyers, the ABA produced two user-friendly web-based resource centers, regardless of practice area, to make our members better lawyers. The online, real-time toolkit for lawyers with one-to-three years of experience was released at the Midyear Meeting and the material for lawyers with four-to-six years of experience was released this week. The two remaining toolkits will be released by August 2017

But, of all the services the ABA provides, none perhaps is more vital than its pro bono efforts. It is often the difference between having a home, a job, or a government- provided service. Pro bono is at the heart of the ABA and the members responded mightily during the National Pro Bono Week: “And Justice For All: An ABA Day of Service.” Lawyers provide more pro bono than any other profession, and the world needs to know this.

President Brown was especially pleased with the Diversity and Inclusion 360 Commission’s work during her year of service. They crafted and caused to be adopted a diverse array of policies, online tools, videos, surveys, and templates that collectively have the potential to make a major difference in practical ways far into the future. Their achievements include creating a searchable, online database of mentor and support programs across the country to guide our young people on a path toward rewarding and successful lives. They initiated a conversation with the Judge Advocate General Corps of all branches of the military that explores how the ABA and the JAG Corps can raise awareness about legal career opportunities in the military and share best practices for recruiting diverse students.

The 360 Commission prepared a template for a model diversity and inclusion plan that ABA entities can use to create strategic diversity plans. President Brown encouraged all ABA members to visit the Diversity and Inclusion web portal that showcases the comprehensive diversity and inclusion programs, resources, and

4 information across the ABA. It is available at: ambar.org/diversityinclusionportal.

The Commission has also created new tools to help leaders in the law to recognize their implicit biases. Three training videos and attendant written materials that examine implicit bias in all facets of our legal system and what to do about it have been created: a judges’ video, a training video for public defenders and defense attorneys, and a prosecutors’ video. The Commission’s Economic Case working group proposed Resolution 113 that urges all providers of legal services to expand and create opportunities for diverse attorneys. To view all of the Diversity Inclusion 360 Commission’s work, President Brown urged ABA members to visit the website: ambar.org/360commission.

President Brown hopes that all of these initiatives will create a welcoming environment and culture of understanding for efforts around networking, mentoring, and cross-cultural understanding. It is her belief that there is an insatiable thirst for the legal profession to be the best that it can be in all respects, including being more diverse. She has seen firsthand that many ABA members are working hard on this. Many states and bar associations have formed diversity and inclusion committees and/or have held summits on diversity and inclusion. However, President Brown emphasized the ABA must be certain that it understands that inclusion of one group does not mean to the exclusion of another.

The work of the ABA is far from over. Too many people in this country are trapped in the web of poverty, poor education, and mass incarceration. As lawyers, the ABA has a moral and professional responsibility to address this crisis. It is easy to despair, but the beauty and strength of the ABA is that it is uniquely equipped to help improve people’s lives when working as legal advocates for equal justice under the law, both nationally and internationally. The ABA is committed to seeing the rule of law advanced in places like China, for example, and has pursed that goal by supporting Chinese public interest lawyers and civil society organizations in a range of areas. The ABA has always been a leader in this regard and won’t stop now.

The maintenance of the Rule of Law is as important at home as it is abroad. President Brown has asked for the formation of a task force following the tragic events of the summer between the public and law enforcement. The task force will make recommendations to address trust and confidence in the American legal system, in an effort to build a bridge between the public and law enforcement and maintain the Rule of Law here at home. Lawyers have always led in times of immense challenge and now is no different. After all, this is what the ABA does. These are hopeful signs and with the continued support and sustained attention by the ABA and its affiliates, President Brown is confident the ABA will make the legal profession and the justice system work better and meet the high standards set by our nation’s founders.

In these troubled times, the ABA must be ever more vigilant to stand up for fairness and equal justice under the law promised in our Constitution. As Justice Sandra Day

5 O’Connor has said, “A nation’s success or failure in achieving democracy is judged in part by how well it responds to those at the bottom and the margins of the social order. The very problems that democratic change brings – social tension, heightened expectations, political unrest – are also strengths.”

President Brown concluded by saying that she hopes she has made a positive difference. She thanks all of the members of the ABA for giving her the opportunity to serve and for giving her the ride of a lifetime.

Statement by the Treasurer

ABA Treasurer, G. Nicholas Casey, Jr., of West Virginia addressed the House and referred the House to his written report which reflected the performance of the Association. Treasurer Casey started out by reiterating that the fiscal year of 2015 was a very difficult year. It included $14 million in expenses in excess of revenues.

He reported on 2016 and what 2017 and 2018 are going to look like. The major theme of 2017 and 2018 is sustainability and what kind of activity and what kind of spending is in fact sustainable from a financial perspective for the ABA organization. To date in 2016, the association is $1.3 million in the negative. The 2016 budget predicted a $4 million deficit so being $1.3 million behind for the year was a better than expected result. Treasurer Casey expects to finish the 2016 budget year with an approximately $2 million deficit.

Why are we behind budget for 2016? Revenue is $5.4 million below budget. Sections are $4.8 million behind budget through May 2016 (but they may right themselves). General operations will probably not right itself by fiscal year end. Grants are successfully producing revenue. Expenses are $8.1 million under budget through May 2016 which have offset, in part the revenue shortfall. Senior staff has worked diligently and continuously during the 2016 budget year to control and cut costs. The staff is to be thanked for both their ability to manage costs in 2016 and as we plan for 2017 to recognize our need to enhance revenues. We can’t cost cut our way to success in 2017 and beyond. We need additional revenue from multiple sources.

What is the impact of our 2016 deficit and the cumulative effect of our deficits in 2015 and 2014? We have consumed a large part of our net assets. Net assets are $169.4 million dollars – down from $175 million in 2015. Over the last three years, we’ve used $21 million of our net assets to support operations and cover losses. The reduction in our net assets at that pace is absolutely not sustainable. Net assets of general operation are now equal to about nine months of our annual budget. We are depleting our assets at a rate that is making Treasurer Casey nervous.

Treasurer Casey now looks ahead to the 2017 budget. We lowered the revenue projections by about $13 million. We cut costs in 2017 by about $4 million. We also plan to use a portion of our net assets in excess of the amount that is approved for transfer under our current green book policy, which allows a transfer to operations of

6 5.5% of the net assets. The 2014 budget takes in excess of 5.5% to make the 2017 budget balance. This is not a good idea and impacts our long term sustainability. Budget cuts in the 2017 budget came from multiple places as we all work to have a balanced budget.

The 2018 budget will begin to be developed in January/February of 2017. It does not become effective until September 1 of 2017. Executive Director Jack L. Rives and the staff are working to enhance revenue for the 2018 budget but revenue is not expected to keep pace with expenses so the ABA will have to cut again in 2018 in order to buy the time to protect our net assets while revenue increases.

Treasurer Casey’s thoughts on the financial discipline needed as we develop the 2018 budget are: 1) strict adherence to the reserve funding policy; 2) budget a positive margin for capital needs and to slowly rebuild net assets; 3) prepare for a 5% gross reduction in general operation funded activities; and 4) adopt a policy for merger, consolidation or dissolution of activities that are unable to meet their budgets in 2018. In 2017 and 2018 we will not have the resources to do all that we do now. The Finance Committee of the Board, the Treasurer and ABA Financial Services do not set priorities. The organization must set our priorities and make the difficult decisions of what is funded and what is not.

Presentation by the American Bar Endowment

Chair Refo recognized Martha W. Burnett of Florida, President of the American Bar Endowment (the “ABE”) to report to the House of Delegates. Ms. Barnett also reported that the ABE New Opportunity Grants Program, adopted this year, would be working with the ABA Young Lawyers Division through its affiliate program to issue grants that can help in being the seed planted for a great project that will assist young lawyers to understand the bar and look at the ABA as a way to fulfill their professional commitments. Also, Ms. Barnett, accompanied by incoming President of ABE, J. Anthony Patterson, Jr. of Montana, and some other key ABE colleagues, presented the big checks that ABE granted in the amounts of $239,098 and $2,930,998.

Passing of the President’s Gavel and Statement by President-Elect

ABA President Paulette Brown introduced President-Elect Linda A. Klein of Georgia as she passed the gavel. President-Elect Klein stated first and foremost that the House of Delegates had inspired her to be the best lawyer she can be. She is proud to be a lawyer, proud to be a member of the Association, and proud to be a part of the House of Delegates.

Ms. Klein’s mother signed her up for ballet lessons when she was five. Dancing didn’t work out but gave her the appreciation for the importance of basics. You can’t master anything until you master the basics. President-Elect Klein wants to use her year to concentrate on the basics: serving clients, strengthening communities and this great country, and supporting and defending the Constitution of the United States.

7 These basics are why she became a lawyer and why she’s been a member of the ABA since her first year in law school. She wants all lawyers and the public to use their talents and the law to bring fairness to their communities. The ABA needs to focus on delivering to its members what they need to better serve their clients.

President-Elect Klein stated the ABA has an incredible leadership team. With this team, the future is undoubtedly bright. Yet the ABA faces many challenges. Lyndon Johnson said, “There are no problems we cannot solve together, and very few that we can solve by ourselves.” The ABA has the House of Delegates and all of the bars throughout which there are no problems they cannot solve together. The ABA has done great things and will continue to do great things while adhering to the basics – public service, the Rule of Law, and diversity. These are the building blocks and the solid foundation of a healthy profession and a healthy bar.

The first building block is to help people. One veteran, through free legal representation, regained his richly deserved veteran pension after 60 years of being told his military records were lost. While this constitutes a great success, there are nearly 40,000 homeless veterans. More than 13% of our nation’s heroes live below or near the poverty line.

To expand on the outstanding work the ABA already does to help active-duty military as well as veterans, the ABA has launched a Veterans Legal Services Initiative. This initiative will build a comprehensive online resource that will inform veterans of legal issues that could affect them and direct them to local resources and legal providers. It will engage law schools and bar associations to promote legal services incubators. The initiative will promote medical-legal partnerships that pair doctors with lawyers on the veterans’ behalf. It includes plans to restart the ABA’s successful project that provided pro bono help to veterans whose benefit claims were caught in a massive backlog.

President-Elect Klein encouraged all lawyers to participate in veterans-specific activities in conjunction with the annual National Pro Bono Celebration in October which will be extending to include Veterans Day on November 11. Also new this year, the ABA will be mobilizing state and local bar associations to sponsor veterans’ pro bono events in May to serve veterans around Memorial Day.

Another basic is strengthening communities and this country. Voting is a basic right and obligation of the citizenry. The ABA is encouraging all lawyers to get involved. The ABA has distributed a new video to schools nationwide to encourage youth to get involved in the electoral process. President-Elect Klein stressed the need for lawyers to encourage their clients, their firms, and their communities to vote. Resources to help in this area can be found at the ABA website – ambar.org/vote.

Education also strengthens the ABA communities and the nation. This year the ABA will be promoting the right to a high-quality childhood education. Every child needs and deserves a quality education. The ABA is establishing an Education Commission

8 to leverage efforts of other ABA entities. The Rule of Law depends on an educated citizenry. There is no pipeline of new lawyers if youngsters cannot get a primary education that prepares them for college.

The theme for Law Day 2017 is “The 14th Amendment: Transforming American Democracy.” The ABA theme pays tribute to this cornerstone of the Constitution and source of inspiration for all who advocate for equal justice under the law.

Back to basics also demands that the leaders of the ABA listen to lawyers and provide the tools they need to serve clients. On her travels, President-Elect Klein learned that lawyers want to do more pro bono and reduced-fee work but can’t because of the burdens of running their law practice. She was told time and again by lawyers that they need information and tools to improve their practices. Based on what she has learned, the main focus for the ABA this year will be the ABA members, current and future. Working with the various bars, the ABA will enhance the resources that help their members with marketing, managing their practices, and getting out ahead of what’s new in technology.

The ABA is developing ABA Blueprint, a web portal, which will be a one-stop shop for members to get what they need while saving far more than they pay in dues. Some of the packages will include resources for opening a new practice, marketing help, retirement plans or life insurance, and people to call for technology or benefits help. The website is abablueprint.com.

Ms. Klein wants to focus on changing the negative public perceptions of the legal profession. The ABA has begun to connect their communication team with directors of state and local bars. They are developing promotional pieces for TV, radio, print, and social media that underscore the value lawyers bring to solving problems for individuals, businesses, and communities.

The ABA is always there for guidance and counsel with thousands of opportunities for learning, for teaching, for leadership development, and for networking. President-Elect Klein wants to focus on the new lawyers just beginning in the field. That’s the inspiration for “Membership on the House.” This is an opportunity for the leaders of the profession to sponsor a young lawyer’s membership in the ABA. President-Elect Klein added that this is just one of the three things the ABA needed their members to do right away. The second is to encourage all to vote by using their voter card. Go to ambar.org/votercard for more details. And thirdly, organize your community to participate in pro bono for veterans any time on or before Veterans Day. The website is celebrateprobono.org.

Just as there can’t be a great dance performance without the basics, there can’t be a healthy bar without its members. Ms. Klein emphasized that with the ABA as her dance partner, the ABA can lift up each other, the association, and the legal profession.

9 Statement by the Executive Director

ABA Executive Director and Chief Operating Officer Jack L. Rives of Illinois focused on the realities of today’s circumstances facing our profession and our Association. We have many concerns and challenges. Mr. Rives also spoke about the ABA’s plans for the future.

Mr. Rives set forth the example of Samuel Clemens, who arrived in San Francisco 150 years ago. He had a job as a columnist for the San Francisco Morning Call. He was successful, but he decided to adapt to the challenges he was facing, embrace change, and move to a new opportunity.

So it is today with the legal profession. We are at a critical junction; in the future, people will look back at what we are doing now and ask “how did they respond to the challenges?” of issues involving such areas as legal education, competition, and under- employed and unemployed lawyers.

Mr. Rives explained technological advances are changing the legal profession. We cannot turn back the clock. What happens to those who can’t adapt to new technology? They cease to exist. What happens to those who do adapt? They thrive. The ABA cannot be left in the dust. We must understand the need to move forward. We must do a better job with dues and non-dues revenue collection, we must enhance our overall value proposition, and we must showcase the viability of the ABA. We also need to improve the retention of our members so they become passionate members of the ABA.

One way we are working toward this is through ABA Law Connect. This is the technological backbone behind everything we do in technology in the ABA. At the end of this month we’re rolling out a program to help lower income people get legal assistance on civil law matters -- abafreelegalanswers.org. Forty-one state and local bar associations have already signed up. This program will help show the relevancy and value of the ABA.

The ABA now has our own insurance program. It’s available to all ABA members, their families, and their staff. All of our companies are highly rated -- and our pricing is extremely competitive. Studies show most members can save a multiple of their dues costs when they buy ABA insurance.

For law students, we created a special website that includes easy access to information on everything from how to be successful in law school to preparing for the bar exam, to moving forward with a career. Last year, the Board of Governors approved free law student memberships. In the first 12 months of this program, we attracted 52,000 new law student members -- compared to 11,000 new law student members the prior 12 months. Right now we have 73,000 law student members. Our goal is to show 100% of the law students why they should be members of the ABA.

10 We are also just beginning the law student premium program. In return for paying a $25 fee, the law students get a range of benefits. One allows them to connect with ABA lawyers, who will answer online questions. Some of the premium programs have real dollar value, including a $250 discount off the BARBRI bar review course. This will help the students understand the value proposition in the American Bar Association.

ABA FYLE (For Your Life Essentials) is a new product. We are on the verge of completing a deal with a major commercial enterprise to carry the product and we expect $5.00 return on each FYLE sold. This could be a significant source of non-dues revenue.

The ABA also has developed a job board, ABA Legal Career Central. We should have the best job board in the world for attorneys. Right now, 640 jobs are on the board; two years ago the number was less than 200. Everyone in the legal profession should know ABA Legal Career Central is available to job seekers and potential employers.

Last year, the ABA sent more than 300 million emails -- that clearly is too many. Two months ago we hired a person with experience developing protocols and business rules for our emails. We’re committed to handling this much more effectively in the future. We also need to improve the ABA website. It was last updated significantly in 2011 and since then, things have changed, notably with mobile devices. We will move to a much more effective mobile version of our site.

The Center for Innovation has just been approved by the Board of Governors. This new entity will help to show how we can most effectively deliver legal services. It will demonstrate how we are embracing technological change and taking advantage of best practices. The ABA has to be a leader in this area; doing so will help show the relevancy of the ABA as we move forward.

This is definitely a time of great change for the legal profession. Looking back at Samuel Clemens, he could've remained a successful columnist in San Francisco, but today he would have been little-known and long forgotten. Instead, he embraced change and became Mark Twain. And today, he remains one of America’s most beloved and prominent writers.

Mr. Rives explained this is also the case for our Association, which is at a historical inflection point. Disruptions in the delivery of legal services caused by advances in technology are threatening those who prefer the models of the past. But innovative lawyers can work alongside innovative technologies and show the continued relevance of the legal profession

Mr. Rives concluded by urging us to take action and not to shrink from today's challenges. Instead let’s embrace them and overcome them -- seize the day!

11 Election of Officers and Members of the Board of Governors

On behalf of the Nominating Committee, Randall D. Noel of Tennessee, Chair of the Steering Committee of the Nominating Committee, reported on the nominations for officers of the Association and members of the Board of Governors. The House of Delegates elected the following persons for the terms noted:

OFFICERS OF THE ASSOCIATION President-Elect for 2016-2017 Term Hilarie Bass of Florida Chair of the House of Delegates for 2016-2018 Term Deborah Enix-Ross of New York Secretary for 2017-2020 Term; to serve as Secretary-Elect in 2016-2017 Mary L. Smith of Illinois

Treasurer for 2017-2020 Term; to serve as Treasurer-Elect in 2016-2017 Michelle A. Behnke of Wisconsin MEMBERS OF THE BOARD OF GOVERNORS (2016-2019 Term) DISTRICT MEMBERS District 7: J. Timothy Eaton of Illinois District 8: A. Joshua Markus of Florida District 10: David S. Houghton of Nebraska District 11: Hon. Leslie Miller of Arizona District 13: Mary Ann Foley of Alaska District 18: Paula E. Boggs of Washington SECTION MEMBERS-AT-LARGE Criminal Justice Section (One-Year Term for 2016-2017 Term) William N. Shepherd of Florida Government and Public Sector Lawyers Division Darcee S. Siegel of Florida Section of Infrastructure and Regulated Industries (fka Public Utility, Communication and Transportation Law)(Two-Year Term for 2016-2018 Term)

12 Linda L. Randell of Connecticut Section of Real Property, Trust and Estate Law Kevin L. Shepherd of Maryland Section of State and Local Government Law Benjamin E. Griffith of Mississippi Goal III Disability Member-at-Large Scott C. LaBarre of Colorado Goal III Woman Member-at-Large Lorelie S. Masters of the District of Columbia Law Student Member-at-Large (2016-2017) John Louros of New York

It was noted that the Association’s Constitution provides that the President-Elect automatically becomes the President at the conclusion of the Annual Meeting and Linda A. Klein of Georgia will assume that office.

Remarks by President-Elect Nominee

President-Elect Nominee, Hilarie Bass of Florida, stated that her grandfather made his way through Ellis Island more than 100 years ago, drawn to the United States for the promise of freedom and opportunity that was unsurpassed by any other place in the world. In his most optimistic dreams, however, he could not have imagined his granddaughter would be named President-Elect of the American Bar Association (ABA). As President-Elect, Ms. Bass intends to work hard not only to fulfill the goals of this organization, but to ensure that its greatest mission – to pursue justice and defend liberty for all citizens – remains at the forefront of all our efforts.

Americans are all too well aware that many in our country no longer see the opportunity for freedom and prosperity that compelled her grandfather to leave everything he knew.

The goal of pursuing justice and defending liberty cannot hope to be realized until all of our citizens believe that the justice system treats them fairly regardless of their color, gender, religion or income.

The ABA must be willing to openly admit that it can do better. At a time when many are questioning whether the concept of "Justice for All" applies to them, the ABA must lead by implementing strategies across this country to ensure that its citizens can believe that the civil and criminal justice system truly serves everyone.

President-Elect Nominee Bass emphasized that much has been said in our

13 country's recent political dialogue about the expanding gap in wealth inequality and access to opportunity. There are few places we see more evidence of that than in the justice gap. The ABA now has a unique opportunity before it. Technology has changed the way every aspect of our economy does business. The law profession cannot, and should not, hesitate to adopt its use to assist in meeting the large unmet needs of legal consumers in this country.

Through innovation, the ABA can maximize the tools that technology affords it to make legal information more readily available to all persons otherwise unable to afford an attorney. It can provide pro se litigants with greater access to the information and forms it needs to navigate a complex judicial system, and recognize that there are multiple new forms of assistance for the millions of Americans who seek legal assistance, but who have been turned away for years for lack of funding.

In their own practices, for the most part, attorneys have not embraced the meaningful change that technology could provide either. The ABA can provide leadership to assist in the adoption and implementation of innovative approaches, whether it's learning to use project management software or knowing what specific services cost so they can offer clients fixed fees.

The profession's need for innovation cannot stop there. It seems not a week goes by where one doesn't find an article in a major national newspaper commenting negatively on the state of legal education. The ABA must embrace a system that actually trains law students to gain the practical hands on skills that will allow them to solve a client's problem in a practical and efficient way.

President-Elect Nominee Bass believes the ABA is the only group in this country capable of getting everyone in the same room, talking to each other about whether and how the system of legal education should be re-designed. As the law practice becomes ever more specialized, the law profession must continue to teach and test as if everyone is planning to be a general practitioner. It must be a leader in evaluating how it can do better in educating and testing the competency of the future lawyers of our country.

The ABA also has a critical role to play in the world. Time and again, when lawyers around the globe learn of President-Elect Bass’s involvement in this Association, they ask if there is a possibility that it could assist their country in adopting some of the core principles that have made our country's justice system one to be emulated around the world. The ABA should embrace this opportunity, whether it is in Argentina or Vietnam.

When President-Elect Nominee Bass started as a summer associate at the law firm of Greenberg Traurig, of which she is now Co-President, it had one office in Miami. During her career, the firm has expanded to 38 offices around the world, exposing her to a pace of change in the legal profession that is only gaining speed with each passing

14 day. In the next few years, the practice of law will look very different. The ABA must serve as the guiding light that will help current attorneys adapt to these changes, help new lawyers find their way and encourage future generations to join the ABA in the fight to provide equal justice for all.

Report of Resolution and Impact Review Committee

Chair Refo recognizes Michelle A. Behnke of Wisconsin, Chair of the Resolution and Impact Review Committee, to report on the work of the committee and to introduce its video presentation. Ms. Behnke reported that ABA entities were active in 2011 and 2012. She stated that the Resolutions and Impact Committee reviewed approximately 134 Resolutions from 54 entities that were adopted by the House of Delegates. She briefly explained the process the committee undertook to gather information on the impact of the resolutions. She reported that once all the information was gathered, the committee selected 30 resolutions for further review and analysis, which helped the committee to identify 6 resolutions that provided strong evidence of the impact of the work of the House. Ms. Behkne further reported that of the 6 most impacting resolutions, the committee ultimately identified 2 resolutions to be brought to life through video. The videos on Resolution 10B from the State Bar of South Dakota regarding Rural Access to Justice and Resolution 105 from Real Property, Trust and Estate Section regarding Payment of Survivor Benefits to Special Needs Trusts for Disabled Beneficiaries tells the story visually so that a broader audience can appreciate the impact of the resolution. Both videos can be found on the ABA’s website. Please share the videos with your constituencies and increase the impact of the work of the House!

Remarks by Chairman of the Board of Directors of the Legal Services Corporation

John G. Levi, Chairman of the Board of Directors of Legal Services Corporation gave remarks and stated he was thankful for the privilege to speak to the House of Delegates, which has been an indispensable partner throughout LSC’s 42 year history. He thanked President Paulette Brown for her inspired leadership and for being such a strong partner with LSC. She spoke at many LSC functions and she raised the profile of welcome service through her innovative signature event – the ABA Day of Service. He added his welcome to Linda Klein who was an important ally of LSC’s outstanding grantees in Georgia. LSC looks forward to working with her at the national level. He thanked the ABA’s standing committees for their hard work and former president Robert Grey, who is now on the LSC Board. Mr. Grey realized when he joined the Board that the legal aid community was doing a great job at talking to itself but needed to do a much better job of educating the greater legal community and the public at large about the crisis in the fair accessibility of our civil justice system for low income Americans. LSC kicked off a national dialogue on this topic in April of 2012, has held similar forums at every LSC meeting since then, and have reported to the White House annually. The LSC Board is confirmed into 2017 and fully expects to return to the White House next spring.

15 This year the LSC has several initiatives to make sure their message is heard beyond the legal aid community. They announced in April that it is partnering with the Microsoft Corporation which has committed at least $1,000,000 in pro bono legal support to develop statewide legal forums to direct individuals with civil legal needs to the most appropriate forms of assistance. LSC will manage the state selection process consulting with the ABA and others to identify jurisdictions that will compete for the opportunity to develop a higher authority. Harboring with a company like Microsoft brings new ideas and resources to LSC’s efforts which Microsoft president Brad Smith recognized when he announced the grant a few months ago. “Our real goal here is to create the foundation for a new era of technology innovations, and I hope more than anything else that we enlist a new generation of engineers to help so that we can create technology that can help us close this justice gap.”

One of the goals of another LSC initiative, the Leaders Council, is recruiting new messengers and reaching a broader audience beyond the legal community. Comprised of leaders in the fields of law, business, academia, sports, and other disciplines, the Leaders Council will also help raise awareness of LSC and its important work across the country. Former Bush White House counsel Harriet Miers and Ken Frazier, chairman and CEO of Merck, are co-chairs of the Council.

LSC Leaders Council members Jim Harbaugh, Hank Aaron, and Andrew Young met with others in Atlanta a few weeks ago to call attention to the crisis in civil legal aid. Jim Harbaugh said, “I have learned a lot about the problems that the low income folks are having in accessing our justice system. I may be a football coach, but I’m an American first. And all Americans should care about justice. Hank Aaron stated, “Each year millions of low income Americans are denied equal access to justice because they cannot afford a lawyer. We need to change that.”

In addition to reaching out to new partners, the LSC Board is helping our grantees with the delivery of civil legal aid through several new programs. To share in the ABA’s concern about the lack of lawyers to assist low income individuals in rural America, the LSC launched Rural Summer Legal Clinic with 30 law students working at 28 LSC grantees in rural America. It was a great success and LSC has already secured enough private funding to insure that it will continue for at least five summers. LSC hopes to enlarge it next year with even greater support.

LSC awarded grants to 15 legal aid organizations across the country last year to support reputable innovations in pro bono services for low income clients in its second year. The technology initiative branch continued to lead the way in using technology to expand excellence in justice and the role of LSC’s influential tech summit report to “provide some form of the effective assistance to 100% of persons otherwise unable to afford an attorney for dealing with essential and simple legal needs. This year it was adopted as an aspiration goal by the Conference of Chief Judges.

The LSC Board has launched other projects that will positively affect LSC’s efforts to secure proper funding for civil legal aid for a good period of time. With support from the Hewlett and Gretzkey foundations, LSC is producing a new national report

16 documenting the state of the whole justice cavity – the difference between the need for civil legal services and the resources available to meet the need. This new study will reveal the continuing, alarming justice need. It can be a basis for a blueprint of action at both the federal and local level.

LSC’s funding at $385,000,000 annually remains at historic low levels. The need, however, is at an all-time high. This funding is not enough, and we have had to turn away droves of individuals for lack of resources. This explains why many have lost or are losing confidence that our civil justice system is fairly accessible to all. This funding is equal to what Americans spend every year on Halloween costumes for their pets.

The LSC’s 50th anniversary will be in 2024, and we should commit to trying to completely close the justice gap by then – once and for all. The LSC can’t do it alone since 60% of legal aid funding comes from state governments, state and local powers, and other sources. The LSC needs leaders in the profession, as those in the ABA House of Delegates, to do all that they can do to make sure legal aid funding from these other sources grows significantly.

As Sargent Shriver, who paved the way to the LSC under President Johnson, spoke so eloquently in 1965, “The extension of legal services to the poor is only a means of a more universal – one we hold to – the establishment of the rules of law. It is that ordered quest for dignity, for justice, and for opportunity which is the central concern of society today.” Our generation must now do what it has to do to insure that, for those who succeed us. This ordered quest for dignity, justice, and opportunity continues to shape the American experience.

Scope Nominating Committee

Richard A. Soden of Massachusetts, Chair of the Committee on Scope and Correlation of Work, nominated Jennifer “Ginger” Busby of Alabama, to serve on the Committee on Scope for a 2-year term and W. Andrew Gowder, Jr. of South Carolina for a 5-year term, and himself for a 1-year term beginning at the conclusion of the 2016 Annual Meeting. Chair Soden then moved to close the nominations. The motion was approved.

Delegate-at-Large Election Results

Chair Refo announced the election of the following members to three-year terms as Delegates-at-Large: Michael G. Bergmann of IL, Jose Feliciano of Ohio, Latanishia D. Watters of Alabama, Pauline A. Weaver of CA, Randi B. Whitehead of FL, and Carol Worthington of Tennessee. Richard Bien of Missouri and Kelly-Ann F. Clark of Texas were elected to fill vacancies for two-year unexpired terms.

II. RESOLUTIONS VOTED ON BY THE HOUSE

17 A brief summary of the action taken on resolutions brought before the House follows. The resolutions are categorized by topic areas and the number of the resolution is noted in brackets.

ARCHIVING

[400A] The House approved by consent Resolution 400A recommending that certain Association policies that pertain to public issues and are 10 years old or older be archived.

[400B] The House approved by consent Resolution 400B recommending that certain Association policies that pertain to public issues that were adopted in 1996 which were previously considered for archiving but retained, be archived.

ASSOCIATION’S CONSTITUTION, BYLAWS AND HOUSE RULES OF PROCEDURE

[11-1] Association Member Edward Haskins Jacob of the United States Virgin Islands presented and the Secretary moved Report 11-1 amending §1.2 of the Constitution to include the following language as one of the purposes of the Association: “to defend the right to life of all innocent human beings, including all those conceived but not yet born.” David S. Houghton of Nebraska, Chair of the Standing Committee on Constitution and Bylaws, reported the action of the standing committee. Jimmy Goodman of Oklahoma motioned to postpone indefinitely. The proposal was postponed indefinitely.

[11-2] Palmer Gene Vance II of Kentucky, Co-Chair of the Governance Commission, moved revised Resolution 11-2 amending §2.1 of the Association’s Constitution to realign the districts relating to representation on the Board of Governors. David S. Houghton of Nebraska, Chair of the Standing Committee on Constitution and Bylaws, reported the action of the standing committee. Allen C. Goolsby of Virginia, spoke in support of the motion. The resolution was adopted as revised.

[11-3] David S. Houghton of Nebraska moved Resolution 11-3 amending §2.1 and §6.3 of the Association’s Constitution to define “accredited” and to clarify that the person elected as State Delegate must be accredited to the state for which he or she is elected. The resolution was adopted.

[11-4] Anthony M. Ciolli of the United States Virgin Islands moved Resolution 11-4 amending §6.4(a) of the Association’s Constitution to provide the United States Virgin Islands with a young lawyer delegate in the House of Delegates. David S. Houghton of Nebraska, Chair of the Standing Committee on Constitution and Bylaws, reported the action of the standing committee. The resolution was adopted.

18 [11-5] Linda L. Randell of Connecticut moved Resolution 11-5 amending §10.1(a) of the Association’s Constitution to change the name of the Section of Public Utility, Communications and Transportation Law to the Infrastructure and Regulated Industries Section. David S. Houghton of Nebraska, Chair of the Standing Committee on Constitution and Bylaws, reported the action of the standing committee. The resolution was adopted.

[11-6] John A. Attenburg, Jr. of the District of Columbia moved Resolution 11-6 amending §31.7 of the Association’s Bylaws to revise the jurisdictional statement of the Standing Committee on Legal Assistance for Military Personnel to expand the size of the standing committee to not more than ten members. David S. Houghton of Nebraska, Chair of the Standing Committee on Constitution and Bylaws, reported the action of the standing committee. Gregory L. Ulrich of Michigan spoke in support of the resolution. The resolution was adopted.

[11-7] David K. Y. Tang of Washington moved Resolution 11-7 amending §31.7 of the Association’s Bylaws to create a Standing Committee on International Trade in Legal Services. David S. Houghton of Nebraska, Chair of the Standing Committee on Constitution and Bylaws, reported the action of the standing committee. The resolution was adopted.

ADMINISTRATIVE LAW

[112] Ronald M. Levin of Missouri moved Resolution 112 urging Congress to enact legislation to require federal agencies to provide an online source at which material that has been incorporated by reference into proposed or final regulations can be consulted without charge. The resolution was adopted.

CHILDREN AND THE LAW

[111A] On behalf of the Young Lawyers Division, Dana Hrelic of Connecticut withdrew Resolution 111A urging legislatures to enact laws that criminalize internet grooming tactics that target children and make them vulnerable to victimization and encouraging states to review criminal laws and engage stakeholders to ensure that laws governing sexual misconduct involving the internet are sufficient to protect children.

[111B] Jack Long of Georgia moved Resolution 111B urging state, local, territorial and tribal legislatures to abolish “offender funded” systems of probation supervised by private, for-profit companies. The resolution was adopted.

CRIMINAL JUSTICE

[107] Stephen A. Saltzburg of the District of Columbia moved revised Resolution 107

19 adopting the black letter of the ABA Standards for Criminal Justice: Criminal Justice Mental Health Standards, chapter seven of the ABA Standards for Criminal Justice, dated August 2016, to supplant the Third Edition (August 1984) of the ABA Criminal Justice Mental Health Standards. Robert A. Weeks of California spoke in support of the resolution. The resolution was adopted as revised.

DISABILITY RIGHTS

[102] Nannette A. Baker of Missouri moved Resolution 102 urging the President of the United States and appropriate parties to recognize the importance of racial, ethnic, disability, sexual orientation, gender identity and gender diversity in the selection process for United States Circuit Judges and United States District Judges, United States Bankruptcy and Magistrate Judges and for other qualified employees in the Judicial Branch of the United States, and to expand the diversity of the pool of qualified applicants, nominees and appointees, including without limitation, the use of diverse merit selection panels. The resolution was adopted.

DIVERSITY AND INCLUSION

[113] On behalf of the Diversity and Inclusion 360 Commission, Dennis W. Archer of Michigan moved Resolution 113 urging all providers of legal services, including law firms and corporations, to expand and create opportunities at all levels of responsibility for diverse attorneys and urging clients to assist in the facilitation of opportunities for diverse attorneys and to direct a greater percentage of the legal services they purchase, both currently and in the future, to diverse attorneys. Mark Roellig of Massachusetts, Alan Bryan of Arkansas and Wendy C. Shiba of California spoke in support of the resolution. Mark H. Alcott of New York spoke in support of the resolution with concerns. The resolution was adopted.

[115] Leigh-Ann A. Buchanan of Florida moved revised Resolution 115 urging federal, state, local and territorial legislative bodies, governmental agencies and applicable entities to eliminate the school to prison pipeline where students of color, students with disabilities, LGBTQ students and other groups suffer disproportionately from inadequacies and inequities in the education system. Hon. Bernice B. Donald of Tennessee and Earnestine H. Dorse of Tennessee spoke in support of the resolution. The resolution was adopted as revised.

[116] On behalf of the Commission on the American Jury, David B. Wolfe of New Jersey moved revised Resolution 116 amending Principles 2(B) and 6(C) of the ABA Principles for Juries and Jury Trials to include marital status, gender identity and gender expression to the groups which should not be excluded from jury service, and to recommend that jurors be educated as to implicit bias and how to avoid such bias in the decision making process. Pauline A. Weaver of California spoke in support of the resolution. The resolution was adopted as revised.

20 ELECTION LAW

[103] John H. Young of Delaware moved Resolution 103 urging state and territorial election administrators and officials to ensure that state-wide and territorial-wide ballot counting guidance is in place as soon as practicable. The resolution was adopted.

[105] On behalf of Bruce L. Wilder of Delaware, Reginald M. Turner, Jr. of Michigan, Chair of the Committee on Rules and Calendar was recognized for the purpose of withdrawing Resolution 105 supporting specific principles that relate to electronic voting in elections to federal office and urging Congress and federal agencies to enact laws and adopt rules, regulations and policies that embody those principles. The resolution was withdrawn.

INTELLECTUAL PROPERTY LAW

[108A] Susan B. Montgomery of Massachusetts moved Resolution 108A supporting the treatment of the likelihood-of-confusion standard in federal trademark law as a question of fact. The resolution was adopted.

[108B] Theodore H. Davis, Jr. of Georgia moved Resolution 108B supporting an interpretation of the federal Lanham Act, 15 U.S.C. § 1051 et seq., recognizing that the ineligibility of an otherwise valid mark for registration with the U.S. Patent and Trademark Office (USPTO), through the cancellation of an existing federal registration or the denial of an application for a federal registration, does not in and of itself disqualify that mark for protection under all provisions of the Lanham Act, the common law, or from registration on the state registers. The resolution was adopted.

[108C] Joseph M. Potenza of the District of Columbia moved Resolution 108C supporting an interpretation that venue in patent infringement actions is the sole province of the special patent venue statue, 28 U.S.C. § 1400(b), such that the general venue statute, 28 U.S.C. § 1391, neither supplements, interprets or applies to 28 U.S.C. § 1400(b), except in instances that are not addressed by 28 U.S.C. § 1400(b). Pauline Weaver of California, spoke in support of the resolution. The resolution was adopted.

LEGAL EDUCATION

[100] Christine M. Durham of Utah moved Resolution 100 concurring in the action of the Council of the Section of Legal Education and Admissions to the Bar in making amendments dated August 2016 to the ABA Standards and Rules of Procedure for Approval of Law Schools as follows: Standard 304 (Simulations Courses, Law Clinics and Field Placements); Standard 305 (Other Academic Study); Standard 307(a) (Studies, Activities and Field Placements Outside the United States); and Interpretation 311-1 (Academic Program and Academic Calendar). Josephine Bahn of Maryland and Christopher S. Jennison of Maryland spoke in support of the resolution. Marsha Cohen of California and Lawrence J. Fox of Philadelphia spoke in opposition to the resolution.

21 The resolution was adopted.

HISPANIC LEGAL RIGHTS

[110] Rene A. Acosta of Florida moved Resolution 110 urging federal, state, local and territorial law-enforcement authorities to provide a culturally, substantively and accurate translation of the Miranda warning in Spanish. Hon. Bernice B. Donald of Memphis spoke in support of the motion. The resolution was adopted.

LEGAL SERVICES

[10A] Michael H. Reed of Pennsylvania moved to divide Resolution 10A into two parts. The motion to divide was approved. Butler Buchanan of Pennsylvania moved part one of Resolution 10A (first two resolved clauses of the resolution), urging re-affirmation of support of lawyer referral services sponsored by bar associations and encouraging lawyer referral services sponsored by bar associations to adhere to the standards of the ABA Model Supreme Court Rules Governing Lawyer Referral and Information Services. Part one of the resolution was adopted. Michael H. Reed of Pennsylvania moved to postpone indefinitely part two of Resolution 10A (third resolved clause of the resolution). Laurel Bellows of Illinois spoke in support the motion to postpone indefinitely. The motion to postpone indefinitely the third resolved clause was approved. The resolution was adopted as revised.

[104] Hon. Lora J. Livingston of Texas moved Resolution 104 urging jurisdictions to adopt court rules or legislation authorizing the award of class action residual funds to non-profit organizations that improve access to civil justice for persons living in poverty. The resolution was adopted.

[106] C. Elisia Frazier of Georgia moved Resolution 106 urging federal, state, territorial and tribal courts and legislative bodies to adopt rules or enact legislation to establish an evidentiary privilege for lawyer referral services and their clients (“LRS clients”) for confidential communications between an LRS client and a lawyer referral service when an LRS client consults a lawyer referral service for the purpose of retaining a lawyer or obtaining legal advice from a lawyer. Stephen Steinberg of California and David Keyko of New York spoke in support of the resolution. The resolution was adopted.

[114] Charles F. Garcia of Colorado moved Resolution 114 urging courts and other governmental entities, bar associations, non-profit organizations and entrepreneurial entities that make forms for legal services available to individuals through the Internet to provide clear and conspicuous information on how people can access a lawyer or a lawyer referral service to provide assistance with legal matters. Marshall J. Wolf of Ohio moved an amendment. The amendment was approved. The resolution was adopted as amended.

22 MODEL RULES OF PROFESSIONAL CONDUCT

[109] Myles V. Lynk of Arizona moved revised Resolution 109 amending Rule 8.4 of the ABA Model Rules of Professional Conduct to add an anti-discrimination and anti- harassment provision. Mark Johnson Roberts of Oregon, Wendi S. Lazar of New York, Don Bivens of Arizona and Donald D. Slesnick of Florida spoke in support of the resolution. The resolution was adopted as revised.

PARALEGAL EDUCATION

[101] The House approved by consent Resolution 101 granting approval and re- approval to several paralegal education programs, withdrawing the approval of three programs at the request of the institutions, and extending the term of approval to several paralegal education programs.

RULE OF LAW

[10B] Alice E. Richmond of Massachusetts moved revised Resolution 10B supporting the independence of the judiciary and the legal profession and opposing any state’s detention of individuals without charge or access to counsel and calling upon the government of the Republic of Turkey to take certain actions. The resolution was approved as revised.

Passing of the Chair’s Gavel

At the conclusion of the meeting of the House on Tuesday, August 9, Chair Refo thanked the staff and the Committees of the House. She also took a moment to thank her fellow Officers. She also expressed her heartfelt thanks to the Delegates themselves. She then passed the gavel to Deborah Enix-Ross of New York. Chair Enix-Ross extended her thanks to Chair Refo, her family and others for their support.

Closing Business

At the conclusion of the meeting of the House, after various expressions of gratitude and recognitions, the Florida delegation was recognized to make a presentation to the Delegates regarding the 2017 Midyear Meeting in Miami, Florida.

Chair Enix-Ross recognized Reginald M. Turner Jr. of Michigan who then moved the House adjourn sine die. The motion was approved.

23