Washington Lawyer - November/December 2021 - 34

ABA DELEGATE'S CORNER
Taking on Today's Issues
By Robert N. Weiner
T
his past August the American
Bar Association held its first
hybrid annual meeting,
hosting members in person
in Chicago as well as virtually.
One of the meeting highlights was the
Thurgood Marshall Award ceremony sponsored
by the ABA Section of Civil Rights and Social
Justice. Honoring individuals who have made a
lifetime contribution to civil rights, this year's
award went to Clarence Jones, an iconic figure
of the civil rights movement who served as a
lawyer for Martin Luther King and helped draft
talking points for his " I Have a Dream " speech.
After Jones accepted the award, attendees
watched a clip of his conversation with the
Daily Show's Ronny Chieng about his career and
the future of civil rights. In a surprise appearance,
former President Barack Obama spoke
virtually, crediting Jones with helping to
maintain the nation's long-running conversation
with its conscience. Obama urged
attendees to " reach back to give the next generation
of lawyers a hand up, especially those
who might not have access to the same
resources or support systems that you did. "
The ABA Judicial Division sponsored the fascinating
program " Constitutional Long Haulers:
The Undiagnosed Long-Term Impact of Judicial
Review on Emergency Public Health Orders. "
Featuring a mock appellate argument, the
presentation brought to light issues such as
separation of powers, allocation of authority
between state and local government, and standards
of review when analyzing a response to
a health crisis.
The House of Delegates, the ABA's policymaking
body, convened on the final two days of
the meeting. It considered more than 40 resolutions
and witnessed the passing of the gavel to
new ABA President Reginald Turner of Michigan.
The resolutions the House adopts are the basis
for the ABA's advocacy before Congress, the
courts, administrative agencies, state and local
governments, and the legal profession.
Among the resolutions it passed, the House
urged lawyers to spend at least 20 hours per
year focused on diversity, equity, and inclusion
in the profession. Another one encouraged bar
associations and legal employers to develop and
disseminate guidance and resources regarding
best practices for the safe, effective return to the
workplace after the wind-down of the COVID-19
pandemic. The House also adopted a resolution
advocating CLE credit for time that lawyers serve
as poll watchers.
In the area of criminal law, the House recommended
that the minimum age for prosecuting
juveniles be set at 14, and it proposed principles
to govern the use of body cameras worn by
police.
In addition, the House heard a special panel
discussion on the question, " What should be
done to ensure that the public has confidence
in the electoral process and accepts the
outcomes of elections? " The panel included
former counsel to the Republican National
Committee Benjamin Ginsberg, former New
Jersey governor Christine Todd Whitman,
Michigan Secretary of State Jocelyn Benson,
and Sylvia Albert, director of voting and elections
for Common Cause. Moderated by Verna
Williams, dean of the University of Cincinnati
College of Law, the panel offered constructive
suggestions regarding what lawyers can do to
improve the health of our democracy.
Despite the pandemic, this was an enjoyable,
educational, and productive meeting that
addressed some of the most difficult problems
facing the country. I encourage you to attend
in the future.
Robert N. Weiner is senior counsel at Arnold &
Porter, senior legal consultant at the Campaign
Legal Center, and head of D.C.'s delegation in the
ABA House of Delegates.
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34 WASHINGTON LAWYER * NOVEMBER/DECEMBER 2021

Washington Lawyer - November/December 2021

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