Jose Castro, one of Wisconsin’s delegates in the ABA House of Delegates.
March 26, 2025 – From far away one hears elevated proposals, as if from an oracle – Improve judicial security, prevent “judge shopping,” establish an enforceable code of ethics for U.S. Supreme Court justices, and encourage law firms to provide billable time-off credit to allow vacations for associate attorney well-being.
The American Bar Association (ABA) House of Delegates approved these resolutions, among others, at its February meeting in Phoenix. The ideas sound nice, but what good are the resolutions?
A look back at earlier resolutions answers that question in the affirmative, according to Jose Castro, one of Wisconsin’s delegates in the ABA House of Delegates. Castro, who works for Spencer Fane LLP in Denver, is in his last year as a representative of the State Bar of Wisconsin’s Young Lawyers Division.
Wisconsin has five delegates elected by the State Bar’s
Board of Governors (Board) for two-year terms. The delegates in Phoenix included Castro, Tatiana Shirasaki, Amy Wochos, Elisabeth “Lisa” Bridge, and Renee Read.
The Milwaukee Bar Association sent Nadelle Grossman as a delegate. Christina Plum, elected by Wisconsin ABA members for a three-year term, led the delegation. Michelle Behnke of Madison attended as ABA president-elect.
The Wisconsin delegates report on their activities to the State Bar Board. They filed their report in February. Bridge and Shirasaki also serve on the Board.
The ABA, a voluntary bar, has four primary goals: to serve its members, improve the legal profession, reduce bias and enhance diversity, and advance the rule of law. A resolution needs to further at least one of those goals, and only with a resolution can the ABA act.
“The ABA cannot take any actions that are not ABA policy,” Castro explained. Policy comes out of the charter, organizational documents, and resolutions.
Resolutions Lead to Results
Those resolutions lead to results. For example, Castro pointed out from the 2022 annual meeting Resolution 606, which urged “all federal, state, local, territorial, and tribal Bar Associations to educate attorneys and other legal professionals about anti-Black systemic racism within the child welfare system.”
Jay D. Jerde, Mitchell Hamline 2006, is a legal writer for the State Bar of Wisconsin, Madison. He can be reached by
email or by phone at (608) 250-6126.
The resolution resulted in the Center on Children and the Law working with the ABA Commission on Youth at Risk to give 12 presentations “equipping legal professionals to recognize the connection between child welfare and the United States history of over-surveillance of and deliberate underinvestment in the lives of Black families,” according to the 2023 ABA Impact Report.
Also from the 2022 annual meeting, Castro pointed to Resolution 806, which established ABA support of the Respect for Marriage Act, a federal proposal to codify marriage equality for same-sex and interracial couples, described in the 2022 Impact Report. The resolution authorized the ABA president to send letters to all U.S. Senators. The act passed, Castro said, “a concrete example on a very narrow issue.”
“Because it was ABA policy, it could make statements on the subject,” Castro said.
Life of a Resolution
Resolutions begin in many places, including state and local bar associations, ABA sections or divisions, or other affiliates. An individual ABA member could submit a resolution. The ABA offers information on the proper drafting and formatting of resolutions.
A proposed resolution goes both to the Drafting Committee, to ensure proper format, and to the Committee on Rules and Calendar, which determines whether to calendar the resolution for a vote at the midyear or annual ABA meeting. Most proponents receive extensive feedback through the committee process.
The process may reduce controversy by the time the resolution reaches the House of Delegates floor. Caucus meetings offer opportunities to work out problems and disputes, amend the resolution, or return it to its proponents for revision, Castro explained.
The resolutions that appear for consideration have both the resolution’s text, usually less than a page long, and an attached report drafted by the proponent, which could include a dozen heavily footnoted pages providing supporting information.
“Usually when a resolution is on the house floor, they tend to be voted up, affirming and adopting because most of the work takes place before,” Castro said. “But, a few have been debated and voted down.”
The House of Delegates also votes on resolutions regarding standards for law school accreditation and approving uniform laws approved by the Uniform Law Commission that state legislatures may adopt.
The resolutions remain a source for ABA policy. The ABA Policy and Procedures Handbook, known as the “Green Book,” documents all active resolutions. They cover more than half of the 440-page book.
Impact reports and videos follow up on progress made by resolutions. Resolutions receive review after several years to see if they remain relevant. If, for example, the law has changed, a resolution may be archived.
Broader Interest
The vast scope of ABA’s goals makes these resolutions, technically internal organization matters, attract broader attention.
“They tend to be current event topics that lawyers are interested in that impact lawyers, impact law schools, impact the legal profession, impact the rule of law,” Castro said.
Currency appears in this year’s top resolutions:
Resolution 200 urges Congress to pass federal legislation that would reduce predictability in assigning cases to a single U.S. District Court judge to discourage “judge shopping.”
Two resolutions responded to recent Executive Branch actions. Resolution 402 opposes federal investigation or prosecution of bar associations regarding diversity, equity, and inclusion policies. Resolution 403 urges reinstating entry-level honors or fellowship programs such as the U.S. Department of Justice Attorney General’s Honors Program.
Resolution 203 urges the U.S. Supreme Court to adopt a binding ethics code.
Two resolutions encourage governments to prioritize enhancements in judicial security, both in the courthouse (Resolution 201) and protection of personally identifiable information of current and former government officials and employees and their families, such as home addresses (Resolution 202).
Resolution 503 urges laws that assist prosecutors in vacating defendant convictions “because of errors of constitutional magnitude that have so infected the adjudicatory process that the conviction should be invalidated or based on compelling evidence” of actual innocence.
Resolution 600 urges Congress to pass laws that will “provide permanent and complementary immigration pathways and visas” for individuals displaced by climate change or natural disasters.
In total, the House of Delegates approved 29 resolutions, and two resolutions were withdrawn, according to the delegation’s report to the State Bar Board.
Delegates consistently express enthusiasm about meeting attorneys from across the country, who are doing different things and working in different fields. The work on considering resolutions adds sparkle to the duties.
“Specifically to the House of Delegates,” Castro said, “I enjoy being in the room where the ABA policy is being debated and adopted. … These are timely issues.”
