Via Webinar November 11, 2014

Welcome Section of Litigation Chair Nancy Scott Degan 2

Faculty Hilarie Bass Chair, ABA Resources Committee Judge Bernice Donald Section Delegate Linda Klein ABA Resource Committee 3

Navigating the ABA Policy Process Introduction to the ABA House of Delegates ABA Governance The Section of Litigation’s Role within ABA 4

ABA Section of Litigation 5

ABA House of Delegates: What is it? 52 State Delegates 231 State Bar Delegates 74 Local Bar Delegates 18 Delegates-at-Large 75 Present & Former Officers and Board Members 73 Section, Division & Conference Delegates 4 Territorial Bar Association Delegates Government Officials Delegates from Affiliated Organizations 6

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Getting the ABA on Record/ Bringing Policy Before the House Determine committee policy priorities Determine whether ABA policy exists Draft the resolution and report Present a draft resolution to Council Build alliances and garner support 8

How an Idea Becomes Legislative Policy 1. Consideration and approval of Resolution by sponsoring entity 2. Solicitation of support 3. Submission to Policy Administration for consideration by HOD Committee on Rules & Calendar 4. Rules & Calendar reviews Resolution for compliance/ language 5. Rules & Calendar responds to sponsoring entity 6. Consideration by the HOD 7. If approved, resolution becomes Association policy 8. Governmental Affairs Office lobbies Congress 9

Model Policy Resolution American Bar Association Adopted By The House of Delegates August 12-13, 2013 Resolution RESOLVED, That the American Bar Association urges federal, tribal, state, local, and territorial governments to take legislative action to curtail the availability and effectiveness of the “gay panic” and “trans panic” defenses, which seek to partially or completely excuse crimes such as murder and assault on the grounds that the victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction. Such legislative action should include: Requiring courts in any criminal trial or proceeding, upon the request of a party, to instruct the jury not to let bias, sympathy, prejudice, or public opinion influence its decision about the victims, witnesses, or defendants based upon sexual orientation or gender identity; and Specifying that neither a non-violent sexual advance, nor the discovery of a person’s sex or gender identity, constitutes legally adequate provocation to mitigate the crime of murder to manslaughter, or to mitigate the severity of any non-capital crime. 10

Implementing Policy ABA Governmental Affairs Office ABA Communications and Media Relations 11

Congressional Testimony 12

Congressional or Agency Letter 13

Blanket Authority allows Sections of the Association to present statements within their particular expertise and jurisdiction to appropriate government agencies while providing prior notice to other sections, divisions, and officers. Blanket Authority 14

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Amicus Briefs The ABA Standing Committee on Amicus Curiae Briefs: Reviews all applications Determines whether proposed briefs meet ABA standards Make recommendations to the Board of Governors on whether a proposed brief should be approved for filing General Counsel’s Office supports the Standing Committee Information on drafting an Association amicus brief: “ABA Policies and Procedures for Filing ABA Amicus Curiae Briefs” (“ABA Amicus Briefs Memo”), see website: 16

Section of Litigation Amicus Brief Committee Thomas “Tom” Donlon, Co-Chair 203/ M.C. Sungaila, Co-Chair 714/ Resources 17

Resources Hilarie Bass, Chair 305/ Kim AskewBob Clifford Laurel BellowsClark Cooper Paulette BrownBeth Kaufman Bob CarlsonLinda Klein David ClarkDavid Weiner ABA Resource Committee 18

Resources Don Bivens 602/ Judge Bernice Donald 901/ ca6.uscourts.gov Dennis Drasco 973/ Lawrence Fox 215/ Section of Litigation Delegates 19

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Resources Drafting Guide For Resolutions With Reports May be found on the ABA House of Delegates website hip/house_of_delegates.html 21

es/ _policy_and_procedures_handbook_greenbook1.authcheckdam.pdf Resources 22

Important Dates Deadline to file Resolutions with Reports for the 2015 Midyear Meeting – Wednesday, November 19, Committee on Rules and Calendar review all Resolutions with Reports - December 4-7, House of Delegates meeting at the 2014 Midyear Meeting in Houston – February 9-10,

Questions? 24

Via Webinar November 11, 2014