AMERICAN BAR ASSOCIATION

Young Lawyers Division ASSEMBLY Orientation

The Division Officers

Jennifer G. DaughertyAssembly Speaker

Mario A. Sullivan, YLD Chair-Elect

Christopher A. RogersYLD Chair

Myra L. McKenzieAssembly Clerk

Andrew M. Schpak, YLD Secretary-Treasurer

The Division Constitutional Representatives

Ethan Tidmore, House of DelegatesKelly-Ann F. Clarke, House of Delegates

Jonathan W. Wolfe, House of DelegatesMichael G. Bergmann, House of Delegates/

Immediate Past YLD Chair

The Division Constitutional Representatives

David Wolfe, Nominating Committee

Representative

Michael Pellicciotti, Board of Governors Bill Ferreira, Board of Governors

The YLD AssemblyWhat is it?

The principal policy-making body of the Young Lawyers Division

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

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

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

Receives reports from the ABA and YLD Leaders and debates and votes on certain resolutions affecting young lawyers in the legal profession

The YLD AssemblyWho is it?

Voting members of the ABA YLD Council – Officers– Immediate Past Chair– Constitutional Representatives– Directors– ABA Law Student Division Chair– District Representatives– National Affiliate Representatives

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

The YLD AssemblyHow It Works

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

the delegates What to expect and what you need to

bring Brief overview of the resolutions to be

debated and what resolutions will be placed on the consent calendar

ABA House of Delegates Basics

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

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

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

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

ii. Resolutions scheduled for debate by the ABA House of Delegates (HOD meets on the Monday following the YLD Assembly). iii. Resolutions placed on the “consent” calendar.

Generally have little or no opposition If no delegate removes it from calendar, automatically passed 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: How to Stay Informed YLD’s Website - www.ambar.org/YoungLawyers

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

Must be an ABA member and registered for the meeting

Must be a YLD member or member of a YLD affiliate

Pre-register as delegate through your affiliate

Must also certify on-site in person

Must have your ABA badge to certify (i.e. sign in and pick up your delegate ribbon)

Alternates also must sign in but do not receive a ribbon

YLD Certification held at main ABA registration area YLD Council Members certify at the Thursday council

meeting

The Delegate Certification

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

Delegate Certification Hours May change depending on the meeting and the

main ABA Registration hours 2013 Midyear Meeting Dallas YLD Certification

Schedule:Thursday, 2/7: 8:00 am – 5:30 pm at ABA Registration at

the Hilton AnatoleFriday 2/8: 8:00 am – 5:30 pm at ABA Registration at the

Hilton AnatoleSaturday 7:00 am – 8:00 am outside the ABA YLD

Assembly ballroom (Trinity) at Hilton Anatole For updated schedule, go to the YLD website and view the

meeting schedule: http://www.americanbar.org/groups/young_lawyers.html

Overview of Resolutions Scheduled for Debate at the 2013 Midyear Meeting

YLD Resolutions

1YL: This resolution urges the governing bodies of state and territorial legislatures to enact a uniform standard procedure for juror questions during civil and criminal trials, based in part on Principle 13(C) of the American Jury Project Principles for Juries and Jury Trials drafted by the American Bar Association’s American Jury Commission.

2YL: This resolution encourages all state, local, and specialty bar associations that currently have a section or division specifically dedicated to young or new lawyers to maintain that section or division.

Overview Continued

3YL: This resolution seeks to amend Articles VI, VII, and XI of the ABA YLD Bylaws, which would separate the ABAYLD Secretary-Treasurer position into two (2) positions: Secretary (which will perform current Secretary duties and generally ascend to the Chair position); and Treasurer (which will focus on financial matters including spending, budgeting and generating non-dues revenue).

Overview Continued HOD Resolutions

107A Amends Rule 5.5(d) of the ABA Model Rules of Professional Conduct (Unauthorized Practice of Law; Multijurisdictional Practice of Law) to permit foreign lawyers to serve as in-house counsel in the U.S., but with the added requirement that foreign lawyers not advise on U.S. law except in consultation with a U.S.-licensed lawyer.

  107B Amends the ABA Model Rule for Registration of In-House

Counsel to permit foreign lawyers to serve as in-house counsel in the U.S. but with added requirements.

  107C Amends the ABA Model Rule on Pro Hac Vice Admission

to provide judges with guidance about whether to grant limited and temporary practice authority to foreign lawyers to appear in U.S. courts.

Overview Continued Consent Calendar  104A Urges Congress to establish an independent federally funded

Center for Indigent Defense Services for the purpose of assisting state, local, tribal and territorial governments in carrying out their constitutional obligation to provide effective assistance of counsel for the defense of the indigent accused in criminal, juvenile and civil commitment proceedings.

104B Urges governments to review their mandatory reporting laws for instances of child abuse or neglect to determine what changes, if any, are appropriate to better protect children and to provide appropriate sanctions for abuse and neglect.

104C Urges governments to enact legislation to prohibit the retaliatory discharge of a Chief Public Defender or other head of an indigent defense services provider because of his or her good faith effort to control acceptance of more clients than the office can competently and diligently represent, in accordance with their ethical obligations.

Overview Continued Consent Calendar  104D Urges the federal government to restore, maintain, and,

where appropriate, increase funding to organizations which provide training to state and local prosecutors, to better promote justice, increase public safety, and prevent wrongful convictions.

104E Urges jurisdictions to ensure that defense counsel inquires and investigates a juvenile defendant’s immigration status and informs the defendant about any possible collateral consequences.

104F Urges governments to enact laws and regulations and to develop policies that assure that once an individual has been identified as a victim of human trafficking, that individual should not be prosecuted for crimes related to their prostitution or other non-violent crimes that are a direct result of their status as a victim of human trafficking.

104G Urges governments to enact legislation allowing human trafficking victims charged with prostitution related crimes or other non-violent crimes that are a direct result of their being trafficked to assert an affirmative defense of being a human trafficking victim.

Overview Continued 104H Urges governments to aid victims of human trafficking by enacting

and enforcing laws and policies that permit victims of human trafficking to seek to vacate their criminal convictions for crimes related to their prostitution or other non-violent crimes that are a direct result of their trafficking victimization.

104I Urges bar associations to develop and implement training programs for judges, prosecutors, defense counsel, law enforcement officers, and other investigators that will enable them to identify victims of human trafficking and enable them to direct victims and their families to social service agencies that offer services and benefits designed to assist victims of human trafficking.

104J Urges the Judicial Conference of the United States to amend the Model Grand Jury Charge to clarify that the Grand Jury should be instructed to vote separately on each defendant.

109 Supports the position that United States Bankruptcy Judges have the authority, upon the express consent of all the parties to the proceeding, to hear, determine, and enter final orders and judgments in those proceedings designated as “core” within the meaning of 28 U.S.C. § 157(b) but that may not be heard and determined by a non-Article Ill tribunal absent the parties’ consent, as being consistent with and not violative of Article Ill of the United States Constitution.

Interested in Debating? Contact the YLD Assembly Speaker

Jennifer Daugherty at JGDaugherty@rkmc.com

Interested in being a Delegate? Contact the YLD Assembly Clerk

Myra McKenzie at Myra.McKenzie@walmartlegal.com

DIVERSITY makes the Assembly work ! ! !

Assembly DelegatesGet Involved!

The ABA House of DelegatesBasics

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 AnnualMidyear: HOD meets all day the Monday following the YLD

AssemblyAnnual: HOD meets all day the Monday and Tuesday

following the YLD AssemblyDelegates 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 Support

Assembly and Delegate CertificationRachel Dawson, Director

Rachel.Dawson@americanbar.orgTara Blasingame, Administrator

tara.blasingame@americanbar.org

www.americanbar.org/groups/young_lawyers/about_us/assembly.htmlAssembly

Thank You!