MEMORANDUM

TO:

FROM:

SUBJECT: 2015 Midyear Meeting of the American Bar Association and

Meeting of the House of Delegates

DATE: March 10, 2015

______

REPORT ON THE ABA MIDYEAR MEETING

The 76th Midyear Meeting of the American Bar Association (the “ABA”) was held February 5-9, 2015, at the Hilton Americas Houston Hotel and the George R. Brown Convention Center, in Houston, Texas. A wide variety of programs were sponsored by committees, sections, divisions, and affiliated organizations. The House of Delegates met for one day. The Nominating Committee also met.

The Nominating Committee sponsored a “Coffee with the Candidates” Forum on Sunday, February 8, 2015. The following candidates seeking nomination at the 2016 Midyear Meeting gave speeches to the Nominating Committee and to the members of the Association present: Hilarie Bass of Florida, candidate for President-Elect for 2016-2017 term; Deborah Enix-Ross of New York, candidate for Chair of the House of Delegates for 2016-2018 term; Mary L. Smith of Illinois, candidate for Secretary for 2017-2020 term (to serve as Secretary-Elect in 2016-2017); and James Dimos of Indiana, candidate for Treasurer for 2017-2020 term (to serve as Treasurer-Elect in 2016-2017).

THE HOUSE OF DELEGATES

The House of Delegates of the American Bar Association (the “House”) met on Monday, February 9, 2015. Patricia Lee Refo of Arizona, presided as Chair of the House. The Houston Police Department presented the colors. The invocation for the House was delivered by Kim Askew of Texas. The Chair of the House Committee on Credentials and Admissions, Leslie Miller of Arizona, welcomed the new members of the House and moved that the signed roster be approved as the permanent roster for the meeting of the House. The motion was approved.

Chair Refo welcomed new members of the House and recognized all the lawyers who had served in the House of Delegates for more than 25 years.

Reginald M. Turner Jr., of Michigan, Chair of the Committee on Rules and Calendar, provided a report on the Final Calendar for the House. He moved to consider the late-filed report, adopt the final calendar and approve the list of individuals who sought privileges of the floor. Both motions were approved. Mr. Turner noted that the deadline for submission of Resolutions with Reports for the 2015 Annual Meeting is Tuesday, May 5, 2015, while the deadline for Informational Reports is Friday, June 5, 2015. He also referred to the consent calendar, noting the deadline for removing an item from the consent calendar. Mr. Turner also moved the items remaining on the consent calendar. The motion was approved.

Deceased members of the House were named and remembered by a moment of silence. Chair Refo recognized Gibson Gayle of Texas to speak in honor of Blake Tartt of Texas, former Board of Governors member. Chair Refo also recognized John L. McDonnell Jr. and Pauline A. Weaver of California to speak in honor of Joanne Garvey, former member of the House of Delegates.

For more details of the House meeting, see the following two-part report of the House session. The first part of the report provides a synopsis of the speeches and reports made to the House. The second part provides a summary of the action on the resolutions presented to the House.

I. SPEECHES AND REPORTS MADE TO THE HOUSE OF DELEGATES

Statement by the Chair of the House

Patricia Lee Refo of Arizona, Chair of the House, discussed the procedures for addressing the business and calendar of the House and reminded members where they could find the House Rules of Procedure.She recognized and thanked members of the various House Committees. Chair Refo also recognized the Committee on Rules and Calendar, chaired by Reginald M. Turner Jr. of Michigan and comprised of members Kelly-Ann F. Clarke of Texas, Joseph D. O’Connor of Indiana, Christina Plum of Wisconsin, and Charles J. Vigil of New Mexico, and Committee staff members, Marina Jacks, Alpha Brady and Rochelle Evans. She introduced the Tellers Committee and reviewed procedures for speaking. Chair Refo announced that key speeches and debates would be publicized and that the ABA Communications and Media Relations Division would be providing updates and reporting on the proceedings of the House via Twitter @ABAesq.

Chair Refo announced that at the 2015 Annual Meeting, the House will elect one member to the Committee on Scope and Correlation of Work. The position will be for a five-year term. In addition, the House will elect one additional member to Scope to fill a vacancy for a two-year term. She encouraged those interested in the position to contact members of the Scope Nominating Committee and to submit an application by March 13, 2015.

She noted that the appointments process for President-Elect Brown is currently underway. The deadline for submission of applications is February 27, 2015.

Chair Refo recognized the Fund for Justice and Education as the ABA’s charitable arm and urged member support of FJE.She also recognized the importance of the ABA Legal Opportunity Scholarship Fund, which is an FJE project.

Chair Refo spoke in support of Law Day 2015. This year’s theme “Magna Carta: Symbol of Freedom Under Law”, recognizes the significance of Magna Carta as we commemorate its 800th anniversary. Postcards were distributed to members of the House with the theme and website address. Chair Refo encouraged state and local bar associations across the country to participate in Law Day activities and hopes that all members of the House will encourage this important participation.

Chair Refo took a personal point of privilege to recognize Gibson Gayle, Jr. from Texas and his 58th year of service in the House of Delegates.

Statement by the Secretary

Mary T. Torres of New Mexico, Secretary of the Association, moved approval of the House of Delegates Summary of Action from the 2014 Annual Meeting, which was approved by the House. On behalf of the Board of Governors, Secretary Torres presented and referred to the House, Report Nos. 177, 177A and 177B, the Board’s Informational, Transmittal and Legislative Priorities reports.

Remarks by The Mayor of Houston

The Honorable Annise D. Parker, Mayor of Houston, welcomed the members of the House of Delegates to Houston. Mayor Parker proclaimed lawyers have an opportunity and obligation to uphold the highest principles of honor, integrity and justice in the administration of law. Mayor Parker encouraged lawyers to perform their work in a way that those around them can clearly see that without faithful adherence to law, democracy begins to unravel.

Statement by the ABA President

In his remarks to the House, President William C. Hubbard of South Carolina thanked the ABA officers, Board of Governors, and House of Delegates members for the incredible time and energy voluntarily given to the ABA’s mission of defending liberty and delivering justice. President Hubbard expressed gratitude for the ABA’s strong and committed executive director and the ABA staff who support, enhance, and expand ABA members’ efforts.

President Hubbard stated it is a privilege to see the countless threads of the tapestry of the American legal system being woven in new and vibrant ways and observed the value of the ABA’s work and ABA policies that encourage pro bono advocacy as an important strategy to pursue justice for all.

President Hubbard stressed the ABA’s commitment and sustained dedication and effort to address the root causes of injustice and to promote sustainable solutions built on diversity of perspective. To illustrate this point, he related an African parable told in a trial by his law partner, Steve Morrison, about a young villager who found babies floating down a river. As he pulled the babies out of the river, he complained that an elder villager was leaving the scene. The elder replied that he was going upriver to stop those who were throwing the babies into the river.

President Hubbard noted that identifying the types of "upriver" strategies necessary to serve society requires nurturing and expanding efforts involving racial and ethnic diversity, gender, sexual orientation, gender identity and disability. President Hubbard cited the ABA’s policies on criminal justice system reform, immigration system reform, domestic violence and sexual violence prevention, cybersecurity, legal assistance to veterans and military personnel, and international rule of law programs as shining examples of the importance of diversity of perspective in crafting and maintaining sustainable solutions to critical issues of justice.

Building on the ABA’s long legacy of sustained effort, diverse problem-solving, and action on these and many other critical issues of justice, President Hubbard encouraged members to refocus their attention to solving the longtime, intractable challenge of the civil justice gap. President Hubbard stated 80 percent of the poor and more and more people of moderate means do not have access to justice in America. He described the work of the new ABA Commission on the Future of Legal Services, which will help identify and develop new platforms that meet the legal needs of the public and more effectively deliver legal services to existing and future clients.

While directing attention to the future, President Hubbard also stressed the importance of looking back 800 years to the sealing of Magna Carta, citing Magna Carta as a forward-looking document that endures as the seminal, foundational document that defines and shapes the American concept of the rule of law. President Hubbard described the ongoing, yearlong celebration of the 800th anniversary of the Magna Carta that will culminate on June 15, 2015, with the rededication of the ABA’s Magna Carta Memorial at Runnymede. In the spirit of inclusion, President Hubbard encouraged all lawyers to attend the many activities throughout the year celebrating the 800th anniversary, including Law Day, the historic sites in London, and the rededication ceremony at Runnymede.

Remarks on Behalf of The President of the Conference of Chief Justices

The Honorable Gerald W. VandeWalle, Chief Justice of the North Dakota Supreme Court and delegate representing the Conference of Chief Justices, delivered remarks on behalf of the Honorable James R. Hannah, Chief Justice of the Arkansas Supreme Court and President of the Conference of Chief Justices.

Honorable VandeWalle observed the strong alliance between the ABA and the State Courts, stressing the organized bar is the backbone of the American Justice System. He stated attorneys play a unique role in supporting fair and impartial courts by providing personal representation in the courtroom, by protecting courts and judges from unwanted political attacks, by educating citizens about how the justice system is supposed to work and by protecting access for all.

Honorable VandeWalle praised the ABA Task Force on Preservation of the Justice System, which drew national attention to critical issues that threaten access to justice, most notably, inadequate funding of the justice system. He remarked the bench and bar must continue to work together to bring afforded justice to every person’s doorstep.

Honorable VandeWalle referenced a special commission of the Conference of Chief Justices: the Civil Justice Initiative. This commission is charged with examining every aspect of the Civil Justice System and making determinations about factors that contribute to cost and delay. He reported this dynamic group of two dozen judges, corporate counsel, distinguished attorneys and academics meet monthly and reportedly are on track to complete and to deliver a series of recommendations in early 2016.

Honorable VandeWalle stressed the American courts’ unprecedented level of dedication to accountability, efficiency and transparency in the delivery of justice.

He thanked the Association Officers and all members of the House of Delegates for the opportunity to continue the custom of the Conference of Chief Justices informing the House of Delegates on the health of the nation’s state courts.

Statement by the Treasurer

The Treasurer, G. Nicholas Casey, Jr., of West Virginia, referred members of the House of Delegates to his written report which reflected the performance of the Association for FY14 and outlined the Association’s finances for FY15 through December 31, 2014.

Treasurer Casey stated the finances of the ABA are strong, but not without continuing challenges in dues revenue and pension expense that are being proactively managed by the Association Officers, Board of Governors, Executive Director and Financial Services team.

Mr. Casey reported the ABA’s consolidated results for FY14, which ended August 31, 2014, reflect operating revenue of $204.4 million, which is $1.6 million unfavorable to FY13’s operating revenue of $206 million. The revenue unfavorability is mostly attributable to Gifts and Grants ($3.1 million) and Sections ($1.4 million) and is offset by General Operations favorability ($3.6 million).

Mr. Casey reported the operating expenses for FY14 of $204.2 million is $0.5 million favorable to FY13 operating expense of $204.7 million. The favorable expense variance is primarily due to Gifts and Grants ($1.9 million), but offset by unfavorability in Sections ($2.3 million).

The final result for FY14 is operating income (or revenues over/(under) operating expense) of $0.2 million.

Mr. Casey reported the Association’s consolidated FY15 results through December 31, 2014 reflect operating revenue of $60.3 million which is $3.9 million below budget and $3.1 million below the prior year. Revenue budget variances are primarily due to General Operations ($2.3 million) and Sections ($1.6 million) while prior year variances are mostly attributable to General Operations ($2.7 million). This variability between years for the Sections is primarily due to timing of when Section revenue and expense-generating activities occur, and when Sections transfer funds from its reserves to meet budgeted operating expenses.