ABA Midyear Report by R. Jonathan Shirts

This year we have the opportunity to celebrate the signing of one of the greatest documents penned by humanity. By the time the few of you who will actually read this article have it in your hands, 250 years will have passed since a few brave men and women[1] started gathering in hot rooms in Philadelphia, trying to express in words how they felt about the way the British were managing the Colonies. Just under 60 years later, a similar group of brave men gathered in dusty rooms to pen a similar document declaring how the Texians felt about the way the Mexican government was treating the settlers,[2] at the same time as another small group was holed up in the walls of a former monastery facing overwhelming odds outside the walls.[3] Walking the halls of the Alamo was a solemn moment that reminded me of the freedoms we have here in the United States, and in Idaho, freedoms that we quite often take for granted.[4] All of that was the backdrop for the 2026 ABA Midyear Meeting held in the sunny, warm, delightful city of San Antonio. There were 31 Resolutions before the House of Delegates, a number of which had ties to issues important to us in Idaho, and as attorneys.[5] I want to only discuss a few of them, but I would encourage you to read the full Resolutions and Reports.[6]
First, I want to discuss the final Resolution of the meeting because it involved something the people of Idaho, indeed, most of the West, can sympathize with; the reach of the federal government and its impact on the local people. Guam and the other Pacific territories have both extensive natural resources and abundant pristine ecology. The government wants to exploit the resources but does so at the risk of spoiling the environment. The local people want to take advantage of the resources, but in a responsible way that will not destroy the expense of the ecology that has sustained and supported them for countless generations. Resolution 402[7] passed unanimously. For similar reasons, there were several Resolutions presented about the way some perceive the current Administration to be overreaching with the powers of the Executive Branch.[8] Passing Resolutions like these is just the first of many steps, but it’s an important one.
Along the same lines, another important step was taken regarding Judicial security, something I have written and spoken about many times over the last few years.[9] The House adopted Resolution 200, which strongly “opposes threats and acts of violence, harassment, and intimidation directed at federal, state, local, administrative, tribal and territorial judges, court personnel, and their families.”[10] Unfortunately, Idaho has not been immune to these type of threats.[11] We can do better. We should do better. We must be better.

Resolution 702[12] was expected to be the biggest controversy of the meeting, until it wasn’t. As I discussed after last year’s Midyear Meeting,[13] a lot of discussion happened behind the scenes on revisions to allow support from earlier opposition to the idea behind the Resolution itself. Essentially, the Resolution asked that when considering its Goal III “diversity” requirements,[14] the ABA should consider diversity of thought alongside the other traditionally considered factors such as race, sex, and so on.[15] The general idea behind this Resolution is something I find to be incredibly important for the ABA, and also our country in general. Many people insulate and surround themselves only with those who hold the same views. The problem with this way of thinking is we soon find ourselves in a silo or echo chamber, cutting ourselves off from potentially great opportunities to learn and grow. I believe this is the situation the ABA has put itself in over the last 20 – 30 years. Certain voices became amplified as the ABA inserted itself into what some have condescendingly referred to as social justice issues. While I believe the ABA needs to continue to be involved in those issues because they impact all of us in one way or another, I also feel—as do many others—that it has become so over-focused on them it has neglected the views of those who may disagree with either the ideas or their applications.
I could spend a dozen more pages discussing the other Resolutions that were passed, but I’m sure many of you that started reading this article have long since moved on (and those of you still reading are anxiously scanning for the end), so I will just briefly mention a few that may be of interest to many of you. Resolution 100 updated Model Rule of Professional Conduct 1.14 addressing attorneys’ obligations when dealing with clients who have diminished capacity in some form.[16] Resolution 605 amended the Model Rules dealing with lawyers’ funds for client protection.[17] Resolution 400 “urges state and territorial bar associations to conduct periodic economics of law surveys covering income, billing practices, receivables, and benefits, with demographic breakdowns where practicable.”[18] There were also a few patent-related Resolutions (500,[19] 501,[20] 502[21]).[22]
As I wrap this up (mercifully, many of you might say), I want to express my gratitude for the freedoms we enjoy in this beautiful country. I have had the freedom to move to many different places without restriction, to change my occupation on many occasions,[23] and to associate with those I choose. I do not have the government leaning over my shoulder and dictating that I worship a certain way or not at all. I even have the ability to express disagreements with those in power and to campaign for replacements I feel would better represent me. Without the words penned by those brave men and women 250 years ago, I would not have any of those things. Preparations are being finalized for a grand celebration of the Declaration of Independence at the August Annual Meeting in Chicago.[24] You should come join us and see for yourselves what the ABA can actually offer you. It promises to be quite the celebration.

Jonathan Shirts is now a Bankruptcy Attorney in Boise after spending the majority of his time since passing the Bar working with some of the most fantastic Judges in Idaho. (Thank you, Judge Baskin, Judge Southworth, and Judge Grove). He was a professional student for way too long, graduating from Western Governors University with a Bachelors in Social Science Education, a Masters in Education with an emphasis in technology implementation, and an MBA with an emphasis in Strategic Leadership, all before attending the University of Idaho College of Law. When he’s not in the office or stuck in traffic on I-84, he spends his time with his amazing wife of almost 24 years and three incredible kids. He can frequently be found craning his neck to see what kind of plane just flew over, moonlighting as an organist or pianist with his local church, or looking at the very unstable tower of books in his To-Read-Later pile as he waits for his latest Amazon delivery.
[1] Many of those who signed the Declaration were married, and many of these women, such as Abigail Adams, were significant influences on their husbands, and another woman, Mary Katherine Goddard, actually “signed” it as the official printer and postmaster for the Second Continental Congress. See https://www.constitutionfacts.com/us-declaration-of-independence/women-behind-the-signers/; also https://time.com/5320499/woman-signed-declaration-of-independence/.
[2] See https://www.tshaonline.org/handbook/entries/texas-declaration-of-independence.
[3] Contrary to what some have believed, due to the siege they had been under since February, the small force at the Alamo was never aware that Texas had declared independence from Mexico. See https://www.thealamo.org/remember/myths-and-legends.
[4] See, e.g., State v. Henderson, 114 Idaho 293, 298, 756 P.2d 1057, 1062 (1988) (“Perhaps the most important attribute of our way of life in Idaho is individual liberty. A citizen is free to stroll the streets, hike the mountains, and float the rivers of this state without interference from the government. That is, police treat you as a criminal only if your actions correspond.”).
[5] For example, Resolutions 504 and 505 ask for Public Student Loan Forgiveness applications to be restarted. See https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2026/504-midyear-2026.pdf; and https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2026/505-midyear-2026.pdf.
[6] A complete listing of all Resolutions, together with links to each Resolution’s full text and associated Report, can be found on the American Bar Association’s website. See https://www.americanbar.org/content/dam/aba/administrative/house_of_delegates/daily-journals/2026-midyear-daily-journal.pdf
[7] https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2026/402-midyear-2026.pdf
[8] See, e.g., Resolution 506 on the use of military and National Guard in policing duties (https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2026/506-midyear-2026.pdf); Resolution 509 on permitting state investigations of federal officials (https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2026/509-midyear-2026.pdf); and Resolution 510 asking for the Department of Justice to maintain its independence from political influence or direction on investigations and prosecutions (https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2026/510-midyear-2026.pdf).
[9] See Advocate (Idaho State Bar), Vol. 66, Issue 10 (October 2025), pp. 42-44; Advocate (Idaho State Bar), Vol. 67, Issue 10 (October 2024), pp. 26-29.
[10] https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2026/200-midyear-2026.pdf
[11] See, e.g., https://www.ktvb.com/article/syndication/associatedpress/federal-judges-read-death-threats-and-defend-judiciary-amid-rising-attacks/616-2c1d4f8c-ab6d-467b-b2a8-477cdbe71ba7; https://www.nbcrightnow.com/regional/man-sentenced-for-threatening-idaho-judge/article_efb88c26-7dfc-5b11-92cf-0e6833054edb.html?mode=nowapp; https://idahonews.com/news/nation-world/idaho-judge-receives-nationwide-threats-after-sentencing-of-former-byu-baseball-player; https://blog.idahoreports.idahoptv.org/2023/07/21/threats-to-judges-remain-a-concern-in-idaho/. Sadly, these are just a few of the reported issues in the last few years.
[12] https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2026/702-midyear-2026.pdf
[14] https://www.americanbar.org/about_the_aba/aba-mission-goals/
[15] N.16, supra.
[16] https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2026/100-midyear-2026.pdf.
[17] https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2026/605-midyear-2026.pdf
[18] https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2026/400-midyear-2026.pdf
[19] https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2026/500-midyear-2026.pdf
[20] https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2026/501-midyear-2026.pdf
[21] https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2026/502-midyear-2026.pdf
[22] I’m happy to discuss Vioxx and the issues it brings up regarding Resolution 502 with anyone… “Bueller? Bueller? Anyone? Anyone?” FERRIS BUELLER’S DAY OFF (Paramount Pictures 1986).
[23] Too many, my family might argue.
[24] https://www.americanbar.org/groups/departments_offices/meetings_travel_dept/annual-meeting/