October 11, 2006 -- Meeting Minutes

Colorado Bar Association Military Law Committee
Minutes

Military Law Committee Meeting of October 11, 2006

The meeting began at 12:00 p.m., called to order by Chris Colclasure (“Chris”), Chair of the Military Law Committee (“MLC”), at 12:00 p.m., at the Colorado Bar Association Ninth Floor Conference Room at 1900 Grant Street, Denver, Colorado.  Chris has volunteered to serve as the Committee Chair. 

Attending:     

Introduction/Greetings. 

The members present introduced themselves.  The meeting was teleconferenced and those members also introduced themselves.

Chris distributed the Meeting Agenda for the October 11, 2006 meeting and distributed the roster (containing name, e-mail address, military experience and practice areas) to the Members for updates and corrections.  Chris asked for a volunteer to take notes of this meeting.  Kathy Hand volunteered. 

1. Committee organization. 

It was briefly discussed as to who and what may be needed for the MLC, i.e., Chair (Chris), Treasurer, Secretary, etc.  No decision was made regarding officers.

2. Future meeting schedule.

It was agreed to by Members that the MLC would meet on the second Wednesday of each month at 12:00 p.m. at the Colorado Bar Association offices at 1900 Grant Street, Denver, Colorado. 

3. Colorado Springs option. 

Discussion ensued having a future meeting in Colorado Springs because that is where most of the military bases are located.  Liaison with JAG officers should be incorporated.  Carol Hattrup is familiar with the military JAG offices in Colorado Springs and said that she would look into a location for a meeting in Colorado Springs.  It was discussed when to hold this meeting.  Carol said that December would not be a good month due to the holidays/schedules for most people.  It was discussed to have the meeting in January conducted at the same time as the MLC’s regular meetings, i.e., 2nd Wednesday of the month. 

4. Mission Statement.

Chris asked Members for a volunteer to start a Mission Statement for the MLC.  Suggested items to be included in the Mission Statement:  a) community outreach; b) educational; c) maintaining a referral list of attorneys willing to represent service members, either pro bono or for a fee;  and d) involvement with BRAC, government contracting, and other topics related to the military.  The suggestion for a referral list led to a brief discussion of the possibilities of distribution for this list, i.e., putting the list online and/or distribution to JAG officers at the military bases.  All agreed the list needed to be error-checked by the members before publication.  John Sharp agreed to draft a mission statement for consideration by the members.

5. Proposed committee activities. 

a. Social:

Veterans’ Day gathering.  Chris asked Members about meeting for a “social”, on Veterans’ Day (Saturday, November 11th) or on the Friday evening before, suggesting a brew pub for cocktails.  It was decided to finalize the details of the social at the MLC’s upcoming November meeting.  A member said he had heard of Denver conducting a Veteran’s Day celebration at Union Station and offered to look into the details.

b. Service member representation. 

A referral list (CBA) for attorneys willing to represent service members should be started.  The list should include attorneys and their practices of law.  The list should include attorneys willing to accept pro bono cases, but should also include those willing to take cases for a fee.  Robert Berry stated that a lot of the military personnel can afford to hire attorneys.  It was discussed how to start a referral list for JAG officers and how the list may be distributed.

Carol Hattrup cautioned that if JAG officers distributed the list to legal assistance clients, it may constitute a recommendation.  Chuck Turner stated that JAG officers do not give recommendations/referrals.  Chuck stated that this would not really be a “recommendation/referral” list as such.  Chris said that it may satisfy the military’s ethical regulations for JAG officers to distribute a list, as long as there were more than three people on it and the officer does not endorse anyone on the list.  Chuck discussed having the MLC obtain ties with JAG officers around the state.  A few members stated their affiliations with those officers and that it probably could be done. 

c. Veteran’s Affairs. 

Sean Kendall distributed copies of Senate Bill 2694, pending in the U.S. Congress.  The legislation is now before the House.  This bill would repeal restrictions on attorneys accepting a fee to represent veterans seeking benefits from the VA.  Currently an attorney cannot represent a Veteran until the Veteran is denied benefits.  Sean explained the impact of the bill to the members.  Sean suggested the MLC read the handout (which includes many opinions) and see what the members think.  He stated that the VA, DAV, Veterans of Foreign War, and Paralyzed Veterans associations are probably against the legislation, but other groups support it. 

This led to a discussion with respect to the CBA’s opinions (as a group and as individuals) on the legislation and whether or not the CBA can take a side on this issue.  The members agreed to read the materials and to consider, at future meetings, whether the MLC wishes to seek approval from the Executive Committee of the CBA to take a position on this legislation.  

d. USERRA (Uniformed Services Employment and Reemployment Rights Act) seminar for Colorado employers. 

Chris mentioned the rights of reservists after deployment and being denied their jobs, and ESGR (Employer Support of the Guard and Reserve).  Hosting an employers and veterans’ conference was proposed, with possibly a senior speaker, employment attorneys, and press coverage, to be held as early as December.  It was once again decided that December is not a good time to have such a conference and that it should be in May.  That is a good month to have such a conference for military personnel because a large number of Reservists are expected to deploy and redeploy at that time.  Pursuing a CLE in this area was suggested.  Chris mentioned the need to avoid any conflicts of interest, where members of the MLC might be perceived as representing the interests of both employers and service members at the same time. 

The members suggested identifying employment law committees or other agencies as potential partners in this venture.

e. Liaison with Colorado military bases and other organizations.

Chris would like to coordinate having a liaison and getting in touch with military bases in Colorado.  Carol Hattrup spoke about groups that she is aware of that do meet.  It was agreed that Chris would write a formal letter to send to the military bases introducing the MLC to them, inviting them to participant, and soliciting their input.  This letter would be intended to start “the conversation” going.

f. BRAC (Base Realignment and Closure) and government contracting involvement. 

Chris referred to the upcoming changes in the military’s presence in Colorado as a result of the BRAC process, such as the growth of Fort Carson and realignment of both Cheyenne Mountain.  Chris asked the members for any suggestions as to how the MLC might be involved in the BRAC process and/or in government contracting.  It was suggested these could be areas where the members could make valuable business connections.  There was a brief discussion about whether this was a proper function of the MLC.  John Sharp agreed to include proposed language on this topic in the Mission Statement. 

g. Newsletter/Web postings/ListServ.

Chris asked if there was someone who would like to volunteer for initiating a MLC Newsletter.  Mark Cohen said that it would be easy to do since he has writing/editing experience.  Chris thanked Mark and said that there is a real need for the Newsletter.

h. Legislative affairs.

In addition to the discussion of Senate Bill 2694, “Attorney Representation in Veterans Benefits Cases Before the Department of Veterans Affairs,” members discussed monitoring both Federal and State law for changes that would affect the rights and interests of military members and veterans.  Discussion ensued as to conducting a CLE regarding how Federal law affects State law. 

Open Floor

1. Chris noted Captain I.D. Pedden’s correspondence addressed to Mr. Turner.  Chris stated that he had contacted a JAG officer regarding Captain Pedden’s case.  Chris encouraged someone to speak with Captain Pedden about his case and asked that if someone does call him, to let Chuck know so efforts do not get duplicated. 

 2. Potential Initiatives. 

a. CLE:  a) How federal laws affect state laws,
b. seminar for Colorado employers.  
c. May 1st (Law Day).  Carol Hattrup suggested a slide show, to include “war   stories.”

3. Chris asked the MLC if something should be done by the MLC before January.  It was noted once again that December is not a good time to set up anything.  Chris asked if there could be a concrete item that the MLC can achieve in the next one or two months, in addition to the social (Veteran’s Day activities).  It was generally agreed that a CLE for attorneys on the employment rights of Guardsmen and Reservists would be a useful goal and is achievable in this timeframe. 

4. The next Committee will be held on November 8, 2006 at 12:00 p.m. the CBA offices at 1900 Grant Street, Denver, Colorado. 

End of Minutes