The ABA’s policy-making House of Delegates, meeting on Feb. 6, also voted in Resolution 111 to urge all entities that administer, score, or report the results of a law school admission test to establish procedures to ensure that the application process, the scoring of the test, and the reporting of test scores is consistent for all applicants and does not differentiate on the basis that an applicant received an accommodation for a disability.

The resolution also calls on all entities that administer a law school admission test to:

• Make readily accessible to applicants the policies, guidelines, and administrative procedures used for granting accommodations requested by those with disabilities;
• Give notice to applicants, within a reasonable period of time, whether or not requested accommodations have been granted; and
• Provide a fair process for timely reconsideration of the denial of requested accommodations.

Resolution 111 and the accompanying background report are available online here. The resolution’s main sponsor was the ABA Commission on Disability Rights.

With nearly 400,000 members, the American Bar Association is the world’s largest voluntary professional membership organization. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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Some legislatures have sought recently to regulate the ability of state and local bar associations to function independently and freely represent the views of their members.  In bringing the resolution to the house, Carlos A. Rodriguez-Vidal described that in Puerto Rico a political faction opposing the bar association’s positions on certain issues acted to limit the bar association.  Specifically, Rodriguez-Vidal said critics were seeking to silence the bar’s speech and limit its membership and dues.  Recommendation 10A, brought to the House by the Bar Association of Puerto Rico, urges the highest courts or legislative bodies of states and territories charged with the administration of justice, to respect the organized bar’s ability and right to function independently.

Striking the appropriate balance between the need for law enforcement to have access to records by institutional third parties, and the privacy interests and implications on social participation, can be a challenge.  There is currently no structure through which legislatures, courts acting in their supervisory capacity and agencies to make the difficult decisions as to what records should be protected and the scope of such protection.  Resolution 101A, as amended, adopts the black letter ABA Criminal Justice Standards on Law Enforcement Access to Third Party Records, which provides such a framework through which to do so.  In speaking on behalf of the resolution, Stephen Saltzburg—of the Section of Criminal Justice, which brought the resolution to the house—noted that the resolution had no bearing on constitutional law.

Resolution 113 adopted the ABA Standards for Language Access in Courts, and urges federal and state legislative and executive branches to provide adequate funding to courts to fully implement language access services.

For two decades, rehabilitative sentencing alternatives, such as drug and domestic violence courts, have made positive inroads in reducing recidivism and costs associated with incarceration.  Noncitizens, however, cannot avail themselves of the benefits of therapeutic courts, which results in an inequity with a high personal cost to the individual, his or her family and community, and society as a whole.  Recommendation 101F lends the ABA’s support to legislation, policies and practices that allow equal and uniform access to therapeutic courts and problem-solving sentencing alternatives, such as drug treatment and anger management counseling, regardless of the custody or detention status of the individual.

A resolution, 102B, adopted by the House, approved the adoption of the Uniform Electronic Legal Material Act—promulgated by the National Conference of Commissioners on Uniform State Laws in 2011—as appropriate for states wanting to adopt specific substantive law on the subject.  The act establishes an outcomes-based, technology-neutral framework for providing online legal material with the same level of trustworthiness traditionally provided by publication in a law book.  Talbot “Sandy” D’Alemberte questioned the lack of specific standards given it was a uniform act. Other speakers, however, noted that evolving technologies made specific standards undesirable and untenable.

A groundbreaking framework, adopted by the United Nations Human Rights Council, has emerged to address the responsibilities of transnational corporations and other business enterprises with respect to human rights.  The outline rests on three pillars: the state’s duty to protect the human rights of its people; the corporate responsibility to protect human rights; and the need for more effective access to remedies.  Recommendation 109 gives the ABA endorsement to the framework, and urges governments and the legal community to integrate into their respective operations and practices the United Nations Framework and Guiding Principles, as well as the “human rights” provisions of the OECD Guidelines for Multinational Enterprises.

Additional policy includes:

• Resolution 101C, as revised, which urges judges and lawyers to consider a number of factors in weighing the use of expert testimony, such as whether the testimony of uniqueness is based on valid scientific research, whether experts present testimony that is accurate and fairly conveys the significance of their conclusions, and whether to include jury instructions with specific information so that the panel can fairly assess the reliability and weight of such expert testimony
• One (101D), urging judges and lawyers to consider potential jurors’ understanding of scientific principles relative to forensic science, as well as their preconceptions or bias with respect to such principles.
• Recommendation 101G, which urges courts to adopt jury instructions that are in language understandable by jurors—untrained in law—in the penalty phase of trials in which the death penalty may be imposed, and that such instructions be provided in written form.
• Resolution 108, as revised, which urges state and territorial bar admission authorities to adopt rules and procedures that accommodate the unique needs of military spouse attorneys who move frequently in support of the nation’s defenses.
• Recommendation 111, which urges entities that administer a law school admission test to provide appropriate accommodations for a test taker with a disability to best ensure the exam reflects what the test is designed to measure and not the test taker’s disability.
• Resolution 302, supporting the principle that “private” lawyers representing governmental entities are entitled to claim the same qualified immunity provided “government” lawyers when they are acting “under color of state law.”

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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“The American Bar Association plays an important role in strengthening the rule of law in the United States and around the world,” said Silkenat.  “I am greatly honored to be nominated for the highest position in our association and proud to be part of an American legal profession that works to promote justice and equality before the law.”

In his acceptance speech, Silkenat noted that, “Among the many important roles played by the ABA, and by other bar associations in the United States, is that they help us be better lawyers and judges and educators and citizens:  better able to help our clients and better able to serve the public and our justice system.”

In the coming year, Silkenat, who was born and grew up in Kansas, will focus on several issues of concern to the legal profession, including: guaranteeing adequate funding for State courts;  increasing ABA membership and enhancing member services; improving legal education; and expanding employment opportunities for lawyers, particularly young lawyers.

Key among a series of initiatives he has identified for his term, Silkenat hopes to promote diversity in the legal profession, work more closely with corporate counsel, examine election law reform issues, and improve bar services for solo and small firm practitioners.  He will also emphasize the ABA’s role as the national and global voice of the legal profession.

Silkenat has a long and distinguished record of service at the ABA.  Most recently, he was a member of the ABA Commission on Women in the Profession, the ABA Commission on Racial and Ethnic Diversity in the Profession and the ABA Solo and Small Firm Leadership Coalition.  He served as chair of the ABA Section of International Law (receiving its Lifetime Achievement Award in 2007), chair of the ABA Section Officers Conference, and chair of the ABA Standing Committees on Membership and Constitution and Bylaws.

Prior to his nomination and selection as president-elect, Silkenat served as a member of the ABA House of Delegates since 1990 and, in his role as ABA state delegate from New York, was chair of the New York delegation to the ABA House of Delegates from 2000 to 2009.  He is a former member of the ABA Board of Governors and its Executive Committee and is a former national chair of the Fellows of the American Bar Foundation.

In other activities, Silkenat is a member of the Council on Foreign Relations, the American Law Institute and served as chair of Lawyers Committee for International Human Rights (now Human Rights First), chair of the Commission on the World Justice Project and chair of the Council of New York Law Associates (now the Lawyers Alliance for New York).  He was a fellow in the U.S. State Department Scholar/Diplomat Program and a fellow of the National Endowment for the Humanities.  He is the recipient of the Diversity Champion Award of the Association of the Bar of the City of New York.

A frequent author and lecturer, Silkenat is the editor or co-editor of 14 books and more than 100 articles on legal and justice system issues.  His books include The Law of International Insolvencies and Debt Restructurings, The Imperial Presidency and the Consequences of 9/11: Lawyers React to the Global War on Terrorism and The ABA Guide to International Business Negotiations.

In his legal practice at Sullivan & Worcester in New York City, Silkenat helps coordinate the firm’s international business practice and concentrates on the areas of project and infrastructure finance, banking, securities law, mergers and acquisitions, and corporate law.  He is a former legal counsel at the International Finance Corporation of the World Bank Group in Washington, D.C.

Silkenat received his Bachelor of Arts from Drury College, where he received the Distinguished Alumni Award for Career Achievement in 2000 and where he also received the Batson Prize in History and the Omicron Delta Kappa Award (the Outstanding Student Leadership Prize).  He received his Juris Doctor from the University of Chicago School of Law, where he was an editor of the University of Chicago Law Review, and his Master of Laws in international law from New York University School of Law.

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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The American Bar Association’s Forum Committee on Communications Law will host the plenary session that will explore the ramifications of the Brown v. Entertainment Merchants Association decision.

WHO: The American Bar Association Forum Committee on Communications Law

WHAT: Video Games, Violence, Social Science, and the First Amendment

Panelists:

• Steve Zansberg, Moderator, Levine Sullivan Koch & Schulz, Denver
• Stephanie Abrutyn, HBO, New York
• Brad J. Bushman, PhD, The Ohio State University, Columbus, Ohio, and VU University, Amsterdam
• Christopher Ferguson, PhD, Texas A&M International University, Laredo, Texas
• Paul Smith, Jenner & Block, Washington, D.C.
• Time Winter, President, Parents Television Council, Los Angeles

WHEN: Feb. 11, 9:45 – 11:15 a.m.

WHERE: 17^th Forum on Communications Law Annual CLE Conference
Ritz-Carlton Orlando Grand Lakes, Orlando, Fla.
Tuscany, Salons D & E, Lobby Level

Additional information as well as a link to the full programming agenda can be found here.

There is no charge for media to cover this session. To register, please contact Betsy Adeboyejo at betsy.adeboyejo@americanbar.org.

With nearly 400,000 members, the American Bar Association is the world’s largest voluntary professional membership organization. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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The American Bar Association’s Forum Committee on Communications Law will host a session that will analyze the pros and cons of WikiLeaks, which will help inform business decision-makers about their classified information.

WHO: The American Bar Association’s Forum Committee on Communications Law

WHAT: WikiLeaks: Good or Evil, and What’s the Future?

Panelists:

• George Freeman, Moderator, The New York Times Company, New York
• Scott Shane, National Security Correspondent, The New York Times Company, Washington, D.C.
• Ronald Machen, U.S. Attorney for the District of Columbia, Washington, D.C.
• Mary-Rose Papandrea, Associate Professor, Boston College Law School, Newton, Mass.
• Martin D. Singer, Lavely & Singer, Los Angeles
• Mark Stephens, Finer Stephens Innocent, London

WHEN: Feb. 10, 9:15 – 10:45 a.m.

WHERE: 17^th Forum on Communications Law Annual CLE Conference
Ritz-Carlton Orlando Grand Lakes, Orlando, Fla.
Tuscany, Salons D & E, Lobby Level

Additional information as well as a link to the full programming agenda can be found here.

There is no charge for media to cover this session. To register, please contact Betsy Adeboyejo at betsy.adeboyejo@americanbar.org.

With nearly 400,000 members, the American Bar Association is the world’s largest voluntary professional membership organization. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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The two-day agenda seeks to increase public awareness of these issues and provide advocates and policymakers with information that can be used to advance state and federal legislative reform.

Expert panelists will discuss, among other topics, the American Bar Association “Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency Proceeding,” which requires the appointment of a lawyer for every child and youth in abuse or neglect proceedings in which the state has removed the child from the home. The Model Act outlines a set of standards, duties and mechanisms that states can put in place to ensure the provision of high-quality, effective lawyering for children.

According to the advocacy group Child Help, more than 3 million cases of child abuse are reported each year in the United States; in approximately one third of those cases an investigation will show that abuse occurred.  With more than 425,000 children in the U.S. foster care system according to Child Welfare Information Gateway, providing lawyers to help foster children navigate the proceedings is critical.

Florida received a failing grade in a national report card on states’ provision of attorneys for abused and neglected children in dependency cases, A Child’s Right to Counsel – A National Report Card on Legal Representation for Children.  The state regards the appointment of an attorney for a child in dependency proceedings as discretionary.

For reporters planning to attend please contact Brandon Hensler, Nova Southeastern University Office of Public Affairs at 954-262-5385 or brandon.hensler@nova.edu by Wednesday, Feb. 8. Due to parking and security restrictions, reporters not registered in advance may be removed from campus.

For reporters who cannot attend the briefing or symposium, but would like to write about this topic please contact Maria.Gutierrez@Americanbar.org to arrange interviews with subject matter experts.

WHAT:
Legal Representation of Children in Dependency Cases Briefing and SymposiumCo-Sponsored by the ABA Section of Litigation Children’s Rights Litigation Committee & Nova Southeastern University’s Shepard Broad Law Center
Thursday Media Briefing 3 p.m. Reporters will be able to ask questions during the briefing.

WHO:

• Justice Rosemary Barkett, United States Court of Appeals for the Eleventh Circuit and former Chief Justice of the Florida Supreme Court, will discuss the importance of having lawyers represent abused and neglected children in proceedings;
• Frank P. Cervone, Executive Director of Child Advocates (pro bono program for abused and neglected children in Philadelphia), will give a national perspective on legal representation of children in cases of neglect and abuse.;
• Alfreda Coward, executive director and co-founder, One Voice Children’s Law Center, (Ft. Lauderdale) will talk specifically about Florida’s perspective in cases of neglect and abuse. .
• Ron Marmer, Jenner and Block, Chair, ABA Section of Litigation

Former foster youth will present three minute prepared statements about their experiences in foster care without legal representation. The youth are over 18 years old. Witnesses include one girl who recently aged out of foster care with no permanent adult connections and a boy who went into care at age 5 and was eventually adopted.  They will take questions after their statements.

Friday Symposium: ABA Model Act Governing the Representation of Children in Abuse, Neglect and Dependency Proceedings – Improving Outcomes for Children 8 a.m. – 4:30 p.m.

Experts include:

• Justice Rosemary Barkett, United States Court of Appeals for the Eleventh Circuit and former Chief Justice of the Florida Supreme Court;
• Justice Barbara J. Pariente, Florida Supreme Court; (“Perspectives of a Supreme Court Justice on Children in Court: Hear Their Voices” 12:45 – 1 p.m.)
• Angela Vigil, partner/director of Pro Bono and Community Service North America, Baker & McKenzie.

WHERE:
Nova Southeastern University
Shepard Broad Law Center
Faculty Terrace- Second Floor
3305 College Ave.
Fort Lauderdale- Davie, FL 33314

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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In addition, ABA Young Lawyers Division Project Salute: Young Lawyers Serving Veterans will host a free legal clinic covering VA disability and pension benefits on Feb. 3, from 2 to 5 p.m. at VFW Post 8973, 531 Lyons St. Young lawyers from New Orleans and throughout the country will volunteer to help veterans and their families understand available federal benefits and complete the required forms. One of the many volunteers is Iraq war veteran Marshall Hevron, a young lawyer from the New Orleans firm of Adams and Reese and commander of VFW Post 8973.

WHO:
ABA Commission on Homelessness and Poverty
and Coordinating Committee on Veterans Benefits & Services

WHAT:
Roundtable discussion on national and local issues related to homelessness,
veterans, and model court-based and pro bono initiatives

• Update on recent ABA activities
  • ABA Homefront: Legal Services for Military Families
  • Project Salute: Young Lawyers Serving Veterans
• Innovative initiatives in New Orleans—presentations by local judges, lawyers and providers including:
  • Former Congressman Joseph Cao (R-La.)
  • U.S. District Court Judge Jay Zainey, and representatives from Homeless Experience Legal Help
  • Veterans Treatment Court Judge Arthur Hunter
  • Homeless Court Judge Paul Sens
  • Dorothy Thomas, Homeless Coordinator, VA Medical Center
  • Lilia Valdez-Lindsley, Outreach Specialist, Veterans Treatment Court
• Special issues related to female veterans and military sexual trauma
• PTSD, TBI and defending veterans in criminal court

WHEN:
Friday, Feb. 3
11:45 a.m. – 2 p.m.

WHERE:
Royal Sonesta Hotel
Grand Ballroom South, Lobby Level
300 Bourbon Street, New Orleans, LA

Online registration for news reporters is easier than ever. Credential guidelines are at http://www.abanow.org/reporter-resources/media-credentials/.

During the Midyear Meeting, accredited journalists should register on-site at the Sheraton New Orleans, 2nd Floor, beginning Feb. 1. A press room for accredited reporters will be provided at the Armstrong Ballroom, 8th Floor, of the Sheraton New Orleans, starting at 9 a.m. on Feb. 2. The room will open daily from 8:30 a.m. to 6 p.m., and will close one hour after the adjournment of the House of Delegates on Feb. 6.

With nearly 400,000 members, the American Bar Association is the world’s largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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Following tradition, this year’s workshop includes demonstrations of hypothetical international cartel cases and features experts from around the globe examining all aspects of a cartel case. The workshop features some 75 highly experienced attorneys, senior cartel enforcement officials from 11 enforcement jurisdictions, and more than 40 cartel defense practitioners from 12 countries, and members of the plaintiffs bar from the United States, Canada and Europe.

Antitrust experts and lead cartel enforcers from Australia, Brazil, Canada, the European Union, Japan, Korea, Mexico, New Zealand, South Africa, the United Kingdom and the United

States will participate in sessions that describe cartel case scenarios, new developments in the law and leniency practices around the world. Highlights include:

“The Decision to Self-Report and Seek Leniency in Multiple Jurisdictions” – Defense practitioners role play the case of a company’s board considering whether to self-report and seek enforcement leniency.  Practitioners will address issues relating to the number of jurisdictions in which the company has exposure and may seek leniency: what are the costs, benefits and risks in applying in multiple jurisdictions?  In which jurisdictions should they self-report and in what order?
Feb. 1, 1:00 p.m.

“The Company Seeks Markers in the United States, Korea and Australia” – This session explores three scenarios of a company seeking a marker for leniency protection and negotiating the terms for perfecting its leniency application with the United States Department of Justice Antitrust Division, the Korea Fair Trade Commission, and the Australian Competition and Consumer Commission.
Feb. 1, 3:00 p.m.

“Beginning the Cartel Investigation: Eight Jurisdictions Devise Their Strategy” – In this hypothetical international cartel case, lead cartel enforcers from Australia, Brazil, Canada, the European Union, Japan, Korea, the United Kingdom and the United States plan their strategy to begin a cartel investigation.
Feb. 1, 4:15 p.m.

“Search Warrants and Dawn Raids in Various Jurisdictions” – Senior enforcement officials and leading private practitioners discuss the following hypothetical cases: an FBI search and drop-in interviews in the United States; dawn raids in the European Union; dawn raids and interrogations in Japan; and raids/inspections in Brazil.
Feb. 2, 8:45 a.m.

“Negotiating a Disposition – US, EU and Canada” – Private practitioners and lead enforcers demonstrate negotiating a plea agreement in the United States, discussing a settlement in the European Union and negotiating a disposition in Canada.
Feb. 3, 10:45 a.m.

“A Concluding Roundtable: The 10 Toughest Issues in International Cartel Enforcement” –Panelists from Australia, Brazil, Canada, the European Union and the United States discuss the top issues in international cartel enforcement.
Feb. 3, 4:15 p.m.

Luncheon programs on Feb. 2 and 3 feature two roundtables: A Roundtable of Head Cartel Enforcers from Emerging Jurisdictions and A Roundtable of Heads of Enforcement Agencies, respectively, discussing the most recent developments and hottest issues in international cartel representations today.

The on-site guide and a link to the full agenda can be found here.

There is no charge for media covering this event. For media credentials and more information please contact Maria Gutierrez at 202-662-1091, Maria.Gutierrez@Americanbar.org.

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

- 30 -

High-profile speakers at the meeting include U.S. Supreme Court Justice Antonin Scalia (Feb. 4, 2 p.m.), Attorney General Eric Holder (Feb. 4, 1:30 p.m.), and lawyers Theodore B. Olson and David Boies, co-chairs of the ABA Task Force on Preservation of the Justice System, who will discuss measures to mitigate the impact of severe funding cuts to the nation’s courts (Feb. 4, 9 a.m.).

In addition to the more than 900 events at this premier gathering of legal professionals, the ABA House of Delegates, the association’s policy-making body, will meet on Feb. 6 at the meeting headquarters, the Sheraton New Orleans, in the Grand Ballroom, 5^th floor. Criminal justice issues will be among the topics considered for ABA policy adoption. For details on the proposals for debate and vote during the one-day session, click here.

Online registration for news reporters is easier than ever. Credential guidelines are at http://www.abanow.org/reporter-resources/media-credentials/.

Criminal justice programs include:

Feb. 3

Alcohol-Related Birth Disorders and the Law: How Attorneys and the Justice System Should Respond – Individuals with Fetal Alcohol Spectrum Disorder are often of borderline intelligence, have poor judgment and weak impulse control, lack an understanding of the consequences of their actions and frequently get in trouble with the law. National legal experts on the disorder will discuss how lawyers should recognize and understand this disability in order to represent their juvenile and adult clients effectively and ethically.
8:30 a.m. – 12:30 p.m., Napoleon Ballroom C1, 3rd Floor, Sheraton New Orleans

Pretrial Diversion: Best Practices to Ensure Fairness, Conserve Public Funds and Enhance Public Safety – Nationwide experts in pretrial services will identify potential policy and programming reforms, and examine current diversion reform efforts. Panelists will discuss challenges to implementing a fair, safe and accountable system of pretrial justice, as well as diversion’s impact on public safety, funds, reducing recidivism and racial disparity. Panelists include Louisiana Supreme Court Justice Bernette Joshua Johnson.
10 a.m. – Noon, Teche/Belle Grove, 2nd Floor, Royal Sonesta

Cyber Crime in 2012 – A national panel of federal law enforcement officials, prosecutors and counsel will discuss that the biggest challenge for lawmakers, the judiciary, lawyers and businesses is to keep pace with emerging technologies, track and trace cyber criminals, and understand the increasing sophistication of cyber attacks. Panelists will offer practice tips on handling the inevitable cyber attack or data breach. Other topics will include social media as an instrument of crime and a source of evidence, and legislation on cyber bullying.
1 – 3 p.m., Royal Conti, Lower Level, Royal Sonesta

Crossover, Dual Jurisdiction and Multi-System Youth – Youth who are referred for minor misbehavior to the juvenile justice system by schools, child welfare agencies, mental health facilities or drug or alcohol treatment providers should be served by those systems, rather than by the juvenile court. A multi-system panel will discuss best practices within the draft ABA Standards on Crossover, Dual Jurisdiction and Multi-System Youth.
1 – 3:30 p.m., Teche/Belle Grove, 2nd Floor, Royal Sonesta

Ensuring Access to Justice When There’s No Money – What can courts, prosecutors, defense counsel, police and lawyers do to manage and provide access to justice to all with limited resources in the justice system? Panelists will also identify sources for new funding, and discuss ways to fashion collaborative strategies to effect policy and funding reforms at the national and state levels. Panelists include Martha Bermark (founding president/CEO, Mississippi Center for Justice), Sue Bell Cobb, (chief justice, ret., Alabama Supreme Court) and Jay Zainey, (U.S. District Court, Eastern District of Louisiana).
2 – 4 p.m., Fleur de Lis C, Lobby Level, Royal Sonesta

The Legal Lives of Girls in the Justice System – Experts will address policies, practices and processes that impact girls throughout the juvenile justice system. They will focus on the complex legal and social issues girls in the justice system face including access to healthcare and other health law issues, sexual assaults and other exploitation, and conditions of confinement for girls.
3:30 – 5 p.m., Napoleon Ballroom C1, 3rd Floor, Sheraton New Orleans

Why is Qui Tam Litigation Often So Difficult to Resolve? – More qui tam (”whistleblower”) cases than ever are being filed, and they are more complex and far reaching. Experts will discuss the new paradigm and the practices and procedures for finding quicker, more efficient and more equitable settlements of appropriate cases.
3:30 – 5 p.m., Royal Conti, Lower Level, Royal Sonesta

Feb. 4

Summit on Indigent Defense Improvement – Experts will review national developments in indigent defense, such as new court decisions, legislation, funding, standards and federal actions that impact indigent defense. The final morning presentation will focus on Professor Norman Lefstein’s book, Securing Reasonable Caseloads: Ethics and Law in Public Defense. Attorney General Eric Holder will speak on the topic of indigent defense at approximately 1:30 p.m.
7:15 a.m. – 4 p.m., Balcony I/J/K, 4th Floor, Sheraton New Orleans

Task Force on Preservation of the Justice System – Forty-two states have cut the budgets of their state courts in 2011, thereby reducing access to justice for millions of Americans. The ABA Task Force on Preservation of the Justice System has studied the problem, hosting hearings in several cities across the nation. An in-depth forum that includes task force co-chairs Theodore B. Olson and David Boies will examine possible solutions, best practices and reform measures.
9 a.m. – 3 p.m., Napoleon Ballroom D3, 3rd Floor, Sheraton New Orleans

A Conversation with Justice Scalia – U.S. Supreme Court Justice Antonin Scalia will address ABA members and answer audience questions. Reporters interested in attending this event should first contact ABA Communications & Media Relations at 202-662-1090 for coverage guidelines.
2 – 3:30 p.m., Rhythms Ballroom I/II, 2nd Floor, Sheraton New Orleans

Prosecutorial Accountability in the Post-Connick v. Thompson Era – Twice in the past two years the alleged misconduct of the Orleans Parish District Attorney’s Office has been the subject of a case before the U.S. Supreme Court. A panel of prosecutors, ethics experts, a former death row prisoner and academics will discuss these important cases, whether and how prosecutors should be held accountable for misconduct, and possible reforms.
3 – 4:15 p.m., Founders Room, Louisiana State Bar Association, 601 St. Charles Ave.

Feb. 6 (House of Delegates)

The ABA House of Delegates will consider the following proposals for ABA policy (links to policies provided):

ABA Criminal Justice Standards on Law Enforcement Access to Third Party Records –

Adopts the black letter ABA Criminal Justice Standards on Law Enforcement Access to Third Party Records, dated February 2012, which provide a framework through which legislatures, courts acting in their supervisory capacity, and administrative agencies can balance the needs of law enforcement and the interests of privacy, freedom of expression and social participation.

Pretrial Discovery Procedures – Urges governments to adopt pretrial discovery procedures requiring laboratories to produce comprehensive and comprehensible laboratory and forensic science reports for use in criminal trials that include a number of identified criteria.

Equal and Uniform Access to Sentencing Alternatives – Supports legislation, policies and practices that allow equal and uniform access to therapeutic courts and problem-solving sentencing alternatives, such as drug treatment and anger management counseling, regardless of the custody or detention status of the individual.

Clear Jury Instruction During Death Penalty Phase – Urges federal, state and territorial courts to adopt jury instructions which are in language understandable by jurors untrained in law and legal terms, in the penalty phase of trials in which the death penalty may be imposed and such instructions should be provided to jurors in written form.

FBI Definition of Rape – Urges the Federal Bureau of Investigation to expand the definition of rape in the Uniform Crime Reporting Summary Reporting Program to include all forms of non-consensual sexual penetration, regardless of gender, orifice penetrated, mode of penetration or presence of force. (Because of the Justice Department’s recent adoption of the new definition, this resolution is expected to be revised to emphasize implementation of the expanded definition.)

During the Midyear Meeting, accredited journalists should register on-site at the Sheraton New Orleans, 2nd Floor, beginning Feb. 1. A press room for accredited reporters will be provided at the Armstrong Ballroom, 8^th Floor, of the Sheraton New Orleans, starting at 9 a.m. on Feb. 2. The room will open daily from 8:30 a.m. to 6 p.m., and will close one hour after the adjournment of the House of Delegates on Feb. 6.

With nearly 400,000 members, the American Bar Association is the world’s largest voluntary professional membership organization. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

– 30 –

High-profile speakers at the meeting include U.S. Supreme Court Justice Antonin Scalia (Feb. 4, 2 p.m.), Attorney General Eric Holder (Feb. 4, 1:30 p.m.), and lawyers Theodore B. Olson and David Boies, co-chairs of the ABA Task Force on Preservation of the Justice System, who will discuss measures to mitigate the impact of severe funding cuts to the nation’s courts (Feb. 4, 9 a.m.).

In addition to the more than 900 events at this premier gathering of legal professionals, the ABA House of Delegates, the association’s policy-making body, will meet on Feb. 6 at the meeting headquarters, the Sheraton New Orleans, in the Grand Ballroom, 5^th floor. For details on the proposals for debate and vote during the one-day session, click here.

Online registration for news reporters is easier than ever. Credential guidelines are at http://www.abanow.org/reporter-resources/media-credentials/.

Meeting highlights include:

Feb. 2

Disability Issues in Employment and Labor Law – Speakers will explain the complex array of federal and state laws and regulations that protect workers with disabilities, lawyers with various disabilities will discuss challenges encountered in accessing the legal profession, and panelists will examine the role of accommodations in the hiring and retention of lawyers with disabilities.
10 – 11:30 a.m., Studio 6, 2nd Floor, New Orleans Marriott

Preventing Foreclosure: A Win-Win Solution for Everyone – National experts will discuss how to prevent homeowners from falling victim to rescue scams, offering tips on referrals to legitimate legal resources. Panelists include Rutledge Simmons of NeighborWorks America and Ranie Thompson of Southwest Louisiana Legal Services.
2 – 4 p.m., Fleur de Lis A, Lobby Level, Royal Sonesta

Feb. 3

Alcohol-Related Birth Disorders and the Law: How Attorneys and the Justice System Should Respond – Individuals with Fetal Alcohol Spectrum Disorder are often of borderline intelligence, have poor judgment and weak impulse control, lack an understanding of the consequences of their actions and frequently get in trouble with the law. National legal experts on the disorder will discuss how lawyers should recognize and understand this disability in order to represent their juvenile and adult clients effectively and ethically.
8:30 a.m. – 12:30 p.m., Napoleon Ballroom C1, 3rd Floor, Sheraton New Orleans

How to be a Successful Minority Woman in the Profession – A panel of minority women will provide their personal stories and address topics such as work-life balance, rainmaking, self-branding, mentoring and community involvement.
9:15 – 10:15 a.m., Mardi Gras Ballroom Salon B, 3rd Floor, New Orleans Marriott

Public Hearing: Proposed Amendments to Model Code of Judicial Conduct Regarding Judicial Disqualifications – The ABA professional ethics and discipline committees are conducting a public hearing on proposed amendments to the Model Code of Judicial Conduct, the Model Rules of Professional Conduct and a new Model Supreme Court Rule. The proposed amendments are designed to provide guidance on judicial campaign finance disclosure requirements and standards for judicial disqualification.
9:30 – 11:30 a.m., Napoleon Ballroom C3, 3rd Floor, Sheraton New Orleans

Pretrial Diversion: Best Practices to Ensure Fairness, Conserve Public Funds and Enhance Public Safety – Nationwide experts in pretrial services will identify potential policy and programming reforms, and examine current diversion reform efforts. Panelists will discuss challenges to implementing a fair, safe and accountable system of pretrial justice, as well as diversion’s impact on public safety, funds, reducing recidivism and racial disparity. Panelists include Louisiana Supreme Court Justice Bernette Joshua Johnson.
10 a.m. – Noon, Teche/Belle Grove, 2nd Floor, Royal Sonesta

Attorney Client Privilege and ESI: How to Maintain Privilege “In the Cloud” – Experts will present information on new technology used by lawyers and challenges that technology can create in protecting confidential and privileged information, including in discovery.
10:30 – 11:30 a.m., Mardi Gras Ballroom Salon B, 3rd Floor, New Orleans Marriott

Digital Detectives: Finding Information On-Line Like a Pro – Internationally recognized Internet research experts Carole A. Levitt and Mark E. Rosch will reveal secrets and shortcuts of conducting investigative and background research using free and low-cost websites.
11 a.m. – Noon, Grand Ballroom North, Lobby Level, Royal Sonesta

Cyber Crime in 2012 – A national panel of federal law enforcement officials, prosecutors and counsel will discuss that the biggest challenge for lawmakers, the judiciary, lawyers and businesses is to keep pace with emerging technologies, track and trace cyber criminals, and understand the increasing sophistication of cyber attacks. Panelists will offer practice tips on handling the inevitable cyber attack or data breach. Other topics will include social media as an instrument of crime and a source of evidence, and legislation on cyber bullying.
1 p.m. – 3 p.m., Royal Conti, Lower Level, Royal Sonesta

E-Discovery, Public Records and Metadata – Panelists will explore what constitutes electronically stored information and metadata, and highlight various Federal Rules of Civil Procedure practice changes. The panel will discuss notable e-discovery and public records cases, and examine relevant ethics opinions and rules.
1:15 – 2:45 p.m., Grand Ballroom North, Lobby Level, Royal Sonesta

Ensuring Access to Justice When There’s No Money – What can courts, prosecutors, defense counsel, police and lawyers do to manage and provide access to justice to all with limited resources in the justice system? Panelists will also identify sources for new funding, and discuss ways to fashion collaborative strategies to effect policy and funding reforms at the national and state levels. Panelists include Martha Bermark (founding president/CEO, Mississippi Center for Justice), Sue Bell Cobb, (chief justice, ret., Alabama Supreme Court) and Jay Zainey, (U.S. District Court, Eastern District of Louisiana).
2 – 4 p.m., Fleur de Lis C, Lobby Level, Royal Sonesta

Visible Invisibility: Breaking Down Barriers to Women’s Leadership – The ABA Commission on Women in the Profession will preview the results of its new survey of diversity dynamics in Fortune 500 corporate legal departments, focusing on the experiences of women attorneys of color in the areas of recruitment, hiring, retention and advancement. Panelists include general counsel from Allstate Insurance Co., Altria Group Inc., Capital One N.A., McDonald’s Corp., and Microsoft Corp.
3 – 5 p.m., Oak Alley, 4th Floor, Sheraton New Orleans

Why is Qui Tam Litigation Often So Difficult to Resolve? – More qui tam (”whistleblower”) cases than ever are being filed, and they are more complex and far reaching. Experts will discuss the new paradigm and the practices and procedures for finding quicker, more efficient and more equitable settlements of appropriate cases.
3:30 – 5 p.m., Royal Conti, Lower Level, Royal Sonesta

Feb. 4

Summit on Indigent Defense Improvement – Experts will review national developments in indigent defense, such as new court decisions, legislation, funding, standards and federal actions that impact indigent defense. The final morning presentation will focus on Professor Norman Lefstein’s book, Securing Reasonable Caseloads: Ethics and Law in Public Defense. Attorney General Eric Holder will speak on the topic of indigent defense at approximately 1:30 p.m.
7:15 a.m. – 4 p.m., Balcony I/J/K, 4th Floor, Sheraton New Orleans

Task Force on Preservation of the Justice System – Forty-two states have cut the budgets of their state courts in 2011, thereby reducing access to justice for millions of Americans. The ABA Task Force on Preservation of the Justice System has studied the problem, hosting hearings in several cities across the nation. An in-depth forum that includes task force co-chairs Theodore B. Olson and David Boies will examine possible solutions, best practices and reform measures.
9 a.m. – 3 p.m., Napoleon Ballroom D3, 3rd Floor, Sheraton New Orleans

A Conversation with Justice Scalia – U.S. Supreme Court Justice Antonin Scalia will address ABA members and answer audience questions. Reporters interested in attending this event should first contact ABA Communications & Media Relations at 202-662-1090 for coverage guidelines.
2 – 3:30 p.m., Rhythms Ballroom I/II, 2nd Floor, Sheraton New Orleans

Prosecutorial Accountability in the Post-Connick v. Thompson Era – Twice in the past two years the alleged misconduct of the Orleans Parish District Attorney’s Office has been the subject of a case before the U.S. Supreme Court. A panel of prosecutors, ethics experts, a former death row prisoner and academics will discuss these important cases, whether and how prosecutors should be held accountable for misconduct, and possible reforms.
3 – 4:15 p.m., Founders Room, Louisiana State Bar Association, 601 St. Charles Ave.

During the Midyear Meeting, accredited journalists should register on-site at the Sheraton New Orleans, 2nd Floor, beginning Feb. 1. A press room for accredited reporters will be provided at the Armstrong Ballroom, 8^th Floor, of the Sheraton New Orleans, starting at 9 a.m. on Feb. 2. The room will open daily from 8:30 a.m. to 6 p.m., and will close one hour after the adjournment of the House of Delegates on Feb. 6.

With nearly 400,000 members, the American Bar Association is the world’s largest voluntary professional membership organization. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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