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House Adopts Legislative Policy Changes, Pro Se Initiatives and Diversity Statement
Posted: 1/17/2008 ; Revised: 4/16/2008
The Louisiana State Bar Association’s (LSBA) House of Delegates adopted changes to its legislative policies, encouraged a coordinated effort to assure access to justice for self-represented litigants and fine-tuned a Diversity Statement — three of 10 resolutions considered at the Jan. 12 meeting, which saw a record 86% delegate attendance.

House member attendance was at the core of two other resolutions.
The House approved a resolution from 19th Judicial District delegate B. Scott Andrews clarifying the attendance requirement. Currently, the LSBA’s Articles of Incorporation state that House members are required to attend a minimum of 50 percent of the meetings held in the state of Louisiana during the members’ term; House members have four meetings over the two-year term: two meetings in state and two meetings out of state. Andrews said the article had the unintended effect of not crediting members for attending out-of-state meetings. Following resolution approval, each member of the House “is expected to attend a minimum of 50 percent of all meetings no matter where held or 50 percent of the meetings in the state of Louisiana, whichever is less, during his/her term.” Any delegate failing to meet the attendance requirement shall be ineligible to run for re-election in the next cycle.

The House defeated another attendance resolution from 1st Judicial District delegate Richard M. John, which requested that all meetings of the House be held within the geographic confines of Louisiana.
To review all resolutions, go to: http://www.lsba.org/2007InsideLSBA/HOD.asp.

Legislation Committee and Legislative Policies
By a vote of 128 in favor and 54 against, the House amended Articles IX and X of the Bylaws, permanently changing its participation in legislative policies.

In January 2006, in the wake of Hurricanes Katrina and Rita, the House voted to suspend its special legislative meeting during the 2006 and 2007 legislative sessions and granted to the Board of Governors the authority to make decisions on legislative positions within certain clearly defined parameters. This change has proven to be effective and efficient, while still giving the House a voice in the legislative process.
Following passage of this amendment, the House will now develop general policy positions (rather than considering specific bills pending before the Louisiana Legislature) and the Legislation Committee will then develop positions on specific legislative instruments. The Legislation Committee will be increased from 13 to 25 members, with 15 members elected by and from the House of Delegates and the remaining nine members and the chair appointed by the LSBA president. Terms of office will begin on July 1. The amendment also vests with the Board of Governors the authority to consider recommendations from the Legislation Committee, requiring a super majority (75 percent) of the Board members participating to take any action on committee recommendations.

To accommodate the schedule as set forth in the Bylaws amendment, the resolution approved on Jan. 12 extends through June 30 the special rules adopted in January 2006, including the suspension of the special legislative meeting of the House.

Access to Justice Pro Se Initiatives
The House approved a resolution regarding the development, implementation and coordination of assistance programs for self-represented litigants, an issue that has been extensively reviewed by the Louisiana Supreme Court Task Force on Pro Se and the LSBA’s Access to Justice Committee. Specifically, the House supports the establishment of court rules and policies encouraging the participation of judges, court staff, legal services agencies, state and local bar associations and community organizations in the implementation and operation of assistance programs for self-represented litigants. Also, the House urges Louisiana judges and courts to take a leadership role to encourage the expansion of successful pro se assistance programs, to identify and develop programs to address unmet needs and to coordinate the delivery of those programs.

Diversity Statement
Approving a recommendation from the LSBA’s Committee on Diversity, the House unanimously adopted a Diversity Statement to demonstrate the association’s continued commitment to diversity. The statement says:
 “The Louisiana State Bar Association (LSBA) recognizes that achieving diversity in the legal profession is an evolutionary process that requires the Association’s continued effort and commitment. The LSBA is committed to diversity in its membership, Board of Governors, staff, House of Delegates, committees and all leadership positions. Diversity is an inclusive concept that encompasses race, ethnicity, national origin, religion, gender, age, sexual orientation and disability. The LSBA is a richer and more effective Association because of diversity, as it increases our strengths, capabilities and adaptability. In addition, a diverse group of talented legal professionals is important to the success of law firms, law departments, public service organizations and other organizations that include attorneys. Through increased diversity, the LSBA and its members can bring more varied perspectives, experiences, backgrounds, talents and interests to the practice of law and the administration of justice.”

Other Resolutions
The House also:
• Unanimously approved a resolution from the Bar Governance Committee restating, in its entirety, the LSBA’s Articles of Incorporation, and consolidating all amendments to the Articles made since the prior restatement in March 1971.
• Unanimously approved a bylaws restatement from the Government and Public Law Section.
• Unanimously approved a bylaws restatement from the Solo and Small Firms Section.
• Approved the creation of the Animal Law Section and adopted its bylaws.
• A resolution from 22nd Judicial District delegate Elizabeth A. Alston urging the House to recommend to the Louisiana Supreme Court an amendment of Rule 4.4(b) of the Rules of Professional Conduct was withdrawn.

House Liaison Committee
The House elected Robert A. Kutcher of the 24th Judicial District as chair of the House Liaison Committee. Elected as committee members were Mary C. Devereux of the 22nd Judicial District and Timothy E. Pujol of the 23rd Judicial District. 




 

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