The legal problems spawned by the COVID-19 pandemic, police reform in the wake of the killing of George Floyd and threats to a fair election in November are among issues that will be explored online at the virtual 2020 American Bar Association Annual Meeting July 29-Aug. 4.
Notable speakers at this online gathering of legal professionals include U.S. Supreme Court Associate Justice Stephen Breyer, who will participate in a conversation with ABA President Judy Perry Martinez at the General Assembly where the association’s highest honor, the ABA Medal, will be presented to World Justice Project founder William H. Neukom.
Also, Baltimore Police Commissioner Michael S. Harrison and U.S. Sen. Tim Scott (R-S.C.) will examine law enforcement reform while Chicago Mayor Lori Lightfoot will speak on the broader fight for racial justice and equality.
Meanwhile, House Majority Whip James E. Clyburn (D-S.C.), Harmeet Dhillon of the Republican National Committee and Mexican American Legal Defense and Educational Fund President Tom Saenz will be involved in a debate voter suppression efforts.
Another event will feature Legal futurist Richard Susskind introducing technology to bridge America’s access-to-justice gap.
U.S. Army Undersecretary James E. McPherson, former Department of Homeland Security Undersecretary Suzanne Spaulding and California Supreme Court Justice Mariano-Florentino Cuéllar will explore foreign cyberthreats against the electoral process and other American institutions.
Meanwhile, the ABA’s House of Delegates will convene Aug. 3-4 at the end of the annual meeting with about four dozen items on the agenda, including for the first time recommendations for best practices regarding third-party litigation funding.
Both days of the gathering of the 597 delegates from state, local and specialty bar associations will be virtual sessions because of the COVID-19 pandemic.
Among other things, delegates will be asked to adopt the ABA Best Practices for Third-Party Litigation Funding.
Accompanied by a lengthy report, the proposal recommends that lawyers who engage in third-party financing should detail the arrangement in writing, include the non-recourse or restricted nature of the financing, ensure that the client retains control of the case and protect the attorney-client relationship.
Third-party litigation funding typically involves the practice of hedge funds and other financiers investing in lawsuits in exchange for a percentage of any settlement or judgment.
Delegates will also be asked to consider three proposals aimed at ensuring the integrity, fairness and efficiency starting with the Nov. 3 national elections.
One of them would adopt the ABA Election Administration Guidelines and Commentary and asks governmental entities to provide adequate funding to implement them.
Another resolution recommends governments provide a process to allow eligible pre-trial detainees to obtain a ballot and be able to vote despite their detention. A third proposal advocates for the repeal of laws that disenfranchise persons based upon criminal conviction and that voting rights be restored, without any requirements to fulfill financial obligations, for those currently and formerly incarcerated.
Delegates also will be presented with a resolution that would give the Council of the Section of Legal Education and Admissions to the Bar greater latitude to act quickly to address an emergency, such as the COVID-19 pandemic, to provide temporary relief from a rule or the requirements of a standard.
The council acts as an independent arm of the ABA for the accreditation of law schools nationally, and the change would allow it to respond more quickly to emergency requests from law schools, such as seeking approval to offer more online classes.
With attention focused on police misconduct in the wake of the May 25 homicide of George Floyd and other police incidents, another resolution asks governments to enact laws that requires law enforcement agencies to keep records of instances of deadly force, and that a fully independent prosecutor be appointed when an individual dies in the custody of or during an encounter with a law enforcement officer.
A separate late resolution is expected to be filed recommending changes in the legal doctrine of qualified immunity for police officers.
At least two resolutions up for consideration deal with discrimination.
One calls upon governmental bodies to enact legislation banning race discrimination on the basis of the texture, style or appearance of a person’s hair and encourages implicit bias training to eradicate discrimination based on these factors. Another urges workers in law and medicine who work with the public to get implicit bias training.
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