November 10, 2006

Access to Justice
Commission
Minutes
November 10, 2006

Present:  JoAnn Vogt, Angela Arkin, David Butler, Dan Taubman, Fred Baumann, Ilene Bloom, Mary Ann Corey, John Zakhem, Barney Iuppa, Pam Gagel, Jim Peters, Karen DuWaldt, Connie Talmage, Diana Poole, and Jon Asher (by phone).
Staff: Greg Martin, Cheryl Law, and Kathleen Schoen

1.  The Commission approved the minutes of the September 8, 2006 meeting.

2.  ATJ website: Christin Louk, Colorado Bar Association staff, reviewed with Commission members the changes she made to the ATJ website.  She requested that the Commissioners contact her with further updates.

3.  Committee Reports:

• Education Committee: Ilene Bloom reported on the accomplishments of this year:
• University of Denver Sturm School of Law and University of Colorado School of Law continue to promote public interest and pro bono activities.
• The Education Committee provided materials on public interest law for the Colorado Bar Association’s Legislative Day, a training for legislators on the law.
• The Education Committee provided materials to the Colorado Supreme Court’s Office Attorney Regulation for the Professionalism Continuing Legal Education class, a requirement for all new admittees to the practice of law in Colorado.
• The Education Committee continues to explore informing Colorado legislators about the need for additional funding for civil legal services.  The Committee intends to work with the Resource Committee.
• The Committee is developing a communication strategy.  Ilene Bloom and Matt Willis are conducting preliminary discussions about developing the strategy with an advertising agency and a public relations firm.
  
  
• Resource Committee: Fred Baumann reported that the Committee is exploring several options for providing additional funding for civil legal services in Colorado.  Sources of the current funds of $7.5 million are Legal Services Corporation ($3.3 million, Federal funding), COLTAF ($1.2 million), Legal Aid Foundation ($1 million), State of Colorado general funds ($500,000), United Way ($270,000) and other grants (remaining funding).  This averages $19 per low income person, ranking Colorado 36th in the United States for funding of civil legal services.  The national median is approximately $29 per low income person.  The Committee is investigating potential areas of additional funding, including:
  
• Additional state appropriations
• Portion of attorney registration fees
• IOLTA: best rates paid on comparable accounts
• Cy pres awards
• Court filing fees/surcharge
• Pro hac vice fees.

JoAnn Vogt distributed Justice Greg Hobbs e-mails regarding seeking additional funding from attorney regulation fees and pro hac vice.  The Commission determined that the priorities for these options are:

• Dialog with the Colorado Supreme Court about the need and the various options.
• Support COLTAF in its decision regarding IOLTA interest comparability
• Develop a strategy to seek additional funding from the Colorado Legislature.
  
  
• ATJ Local Support Committee: Dan Taubman reported:
• There are 11 active local ATJ committees.  In addition, since the Denver Bar Association Legal Services Committee performs similar functions as a local committee, it is willing to serve as the local ATJ committee for Denver.  Also, Magistrate Elizabeth Strobel is re-energizing the legal community in Weld County to form a local ATJ committee.  Members of the existing local committees are willing to mentor members of new committees.
  
• Updates on local committees:
• Durango: Completed “Know Your Rights” DVD and is sending a copy to all local committees.
• Colorado Springs: Conducted a successful wine tasting event to raise money for legal services.
• Pueblo: Conducted their third clinic on “Grandparents Raising Grandchildren,” continues to broadcast public access television programs on various legal topics, and continues to place pro bono cases through an e-mail system.
• Fort Collins: Revised their website.  In Spring 2007 a class from Colorado State University will translate the website into Spanish.  Also, they created a list of family law lawyers and contact them by e-mail when there is a need for pro bono representation.
• Continental Divide (Summit and Eagle Counties): Expanded their pamphlet on services for low income people.
• Delta/Montrose: Continue to place cases.
• Boulder: Conducted a immigration update for judges and lawyers.  They continue to produce programs on legal topics (DUI, estate planning, etc.) for their public access television.
  
• ABA Equal Justice Conference:
• Local ATJ committees are looking for funding to attend the conference.
• Dan Taubman submitted two proposals for presentations.  He has not heard from the ABA planning committee.  Debora Wagner, Director of Metro Volunteer Lawyer, submitted a proposal on using non-lawyers to assist in providing legal services.  Her proposal was accepted.
  
  
• Courts Committee: Barney Iuppa reported on the accomplishments of the committee:
• The Chief Justice amended Chief Justice Directive 98-01 in November 2005 to streamline the determination of indigence and the waiving of court fees.
• The Ad Hoc Committee collaborated with the Colorado Supreme Court to create a model law firm policy.  The Court created a program, whereby law firms who pledge that the firm will complete an average of 50 hours of pro bono per lawyer will be recognized by the Supreme Court.
• In 2005 CRCP Rule 260.8 was amended to allow CLE credit for performing pro bono service.
• The Committee is working with Emi Lopez, State Court Administrator’s Office, on reviewing a proposed Chief Justice Directive regarding interpreters.
  The Committee reviewed and discussed a proposal of University of Denver School of Law regarding allowing first year law students to appear in court.  The Committee relayed some concerns to the law school about the proposal.  To date, the law school has not responded with ways to deal with the issues.
• The Committee has discussed signage in the court houses with Julie Lambert, State Court Administrator’s Office. 
• The Committee has been tracking the negotiation with Lexis/Nexis around waiver of e-filing fees.  The issue is still under negotiation.
  
  
• Chair’s Report: JoAnn Vogt reported:
• The Commission thanked departing members Pam Gagel, Aaron Clay, and Darla Benford for their contributions.
• Colorado Bar Association appointed Connie Talmage, Inga Causey, Simon Mole, and Janet Price as members of the Commission.  The Supreme Court has reappointed Barney Iuppa for a three-year term, and CLS has also reappointed Jon Asher for a three-year term.  Speaker Romanoff is being asked to reappoint Jim Peters.
• Connie Talmage will respond to DU law student Walter Nichols regarding his business law clinic proposal.
  
  
• Election of Officers:
• Chair: Connie Talmage
• Vice Chair: Fred Baumann
• Secretary: David Butler
  
  
• Postponed discussion/action:
• Restructure of Commission
• Providing mechanism for retired, inactive lawyers to provide pro bono service.
  

Next Meeting:
January 12, 2007
Noon at Colorado Bar Association