The American Bar Association House of Delegates took action on a broad spectrum of issues affecting national and state-level policy, when it convened in Orlando last week during the association’s 2010 Midyear Meeting.
In the area of immigration, the House of Delegates supported creation of a new Article I court system to hear both trials and appeals of immigrant removal cases, and approved specific measures to create a more professional, independent and accountable immigration judiciary.
The House of Delegates urged the Department of Homeland Security to implement procedures to improve consistency, fairness and efficiency in removal proceedings and to enhance transparency and fairness in reviews of immigration cases by the Board of Immigration Appeals.
It also called for restoring review of immigration cases by federal judges, and urged Congress to legislate provisions to make sure noncitizens are treated fairly in the adjudication process.
Regarding criminal justice, the delegates supported increased opportunities for young people after they have been involved with juvenile or criminal justice systems, by limiting collateral consequences that can come into play after they complete any court-ordered sanctions.
The lawyers called for simplified Miranda warnings for juveniles, so that they will understand their constitutional rights, and urged government at all levels to review penalties for misdemeanors, to allow use of civil fines or remedies instead of criminal penalties, where appropriate.
They called for pretrial discovery conferences prior to criminal trials, to resolve issues in advance; supported initiatives to increase contact between parents in correctional institutions and their children when safety and security can be ensured; and urged law schools and bar associations to increase legal assistance for criminal defendants and prisoners protecting their parental rights.
Addressing issues affecting women and others, the delegates called for passage of the Paycheck Fairness Act and to reauthorize and fully fund the Violence Against Women Act.
Regarding veterans, delegates urged development of comprehensive, systemic approaches to meet the special needs of veterans through diversionary programs that can connect them to appropriate housing, treatment and other services in partnerships with local Veterans Administration Medical Centers, housing providers and community-based services.
It also urged Congress to expand both the monetary authorization and the effective time period of the John R. Justice Prosecutors and Defenders Incentive Act of 2008.
Implementation of the six-year federal student loan repayment program has been delayed a year and a half and the $25 million allocated for the program, designed to make it possible for law graduates facing massive debt to take jobs as criminal prosecutors and defense lawyers, is inadequate to meet the need, said the delegates.
For lawyers serving the nation in the military, the delegates urged that Congress amend the Higher Education Opportunity Act of 2008 to make them equally eligible with other government-employed lawyers for federal student loan forgiveness programs.
The delegates also addressed student debt more broadly, urging Congress to implement programs to assist students and graduates of higher educational institutions to deal with financial hardships caused by lack of job opportunities during the recession.
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