January 2007

Family Law Section Executive Council Meeting – JANUARY 19, 2007

The meeting was called to order by the Chair at 10:10  am. 

The following members and/or past chairs, attended in person:  David Johnson, Brenda Storey, Marie Moses, David Littman, Denise Cook, Kathryn Beck, Jordan Fox, Joan McWilliams, Martin Brown, Dick Rotole, Bob Malman, Steve Epstein, Martin Brown, Beth Henson, Leslie Monahan, John Eckelberry, Jackie St. Joan, Bonnie Schriner, Marc Kaplan, Kevin Sidel.  Jennifer Feingold and Sarah Quilan from YLD attended as guests.

Members present by telephone:  Deb Anderson

These members had excused absences:  Mike DiManna, Terri Harrington, Rob Hinds,  Ellen Squires,  and Fran Fontana.

Melissa Nicoletti was available but not present from the CBA.  

A motion was made to approve the minutes of the November 17, 2006 meeting.  The motion was seconded and was approved without opposition. 

OFFICER’S REPORTS

CHAIR’S REPORT BY DAVE JOHNSON: 

1. Barrister’s Ball- It was moved and seconded that FLS sponsor a table for $3000.00.  Brenda Storey has volunteered to assist in filling the table.  The motion carried without opposition.  It was agreed that we will offer table tickets to FLS members who have volunteered for Metro Volunteer Lawyers in the past year. 

2. Brown Bag Lunches- Dave has been waiting to hear back from Adams County.  Jeffco is January 26th.  Douglas County is February 2nd.  Boulder will be in May on a Tuesday

3. We received a note from the Claire Huntington at CU thanking us for the $10,000 donation to their program. 

4. February 5, 2007 is the new date for the FLS event at the Nuggets game.  Kathryn Beck recommended that we all sign up and go. 

5. We filled the last slot of CLE programs- March will be the bankruptcy roundtable.  Steve Epstein and John Eckelberry will be the FLS reps.

6. The April meeting traditionally has been a joint lunch with attorney mediator dialogue.

7.         Dave reported that there is on-line access to awards nominations.

VICE CHAIR’S REPORT – KATHRYN BECK:

 1. Family Law Institute-  Deferred to later in the meeting.

SECRETARY’S REPORT- DAVID LITTMAN

 1. David checked on who was on the phone and named those who were excused from today’s meeting.

TREASURER’S REPORT BY MARIE MOSES:

Bob Malman questioned the gap between luncheon income and expenses.  There is a good turnout for today which should make up for some of the shortfall.

IMMEDIATE PAST CHAIR (FRAN FONTANA):

Fran was not present

OLD BUSINESS

1. Judges Reception – Marie Moses reported that David Johnson has lined up Justice Kourlis as the speaker.  The event will take place at DU Law School.  The CLE will be from 4-5:30 p.m. in Moot Court Room and the reception will be in the Atrium starting at 5:30 p.m.  February 15, 2007 is the date.  The FLS Executive Council Members will each call a few judges to extend personal invitations.  Marie will divide up the list and send us names via email.  There will not be a FLS meeting that day.

2. Denise is trying to co-ordinate on the Lawyers Assistance Program.

3.      Ethics Committee on Collaborative Law issue- An opinion may be issued   soon.

4. The first meeting of the Family Court Task Force will be March 2nd at noon.  Dr. Mac McShane has agreed to be a representative from the mental health community.  Dave Johnson recommended that the Chair Elect should be on the committee.  Kathryn accepted and will be present.  Dick Rotole, Beth Henson and Fran Fontana have volunteered. 

COMMITTEE REPORTS:

BY LAWS- (Bonnie Schriner):  Proposed amendments to by-laws passed.  Melissa estimated that 30 people voted.  The new bylaws are on the website.  This will enable us to do email elections.  The elections will be in June this year.  Bonnie will have Melissa print out the new by-laws for the March FLS meeting.  Dave thanked Bonnie and Jackie for doing this task.

Bonnie will check the term limit issue for FLS Board Members and report back in March. 

ATTORNEY-MEDIATOR DIALOGUE: Dave Johnson will email Terri Harrington to find out what the plans are for the Attorney-Mediator Dialogue.  . 

COLORADO LAWYER:  There is a Family Law issue planned for October, 2007

FAMILY LAW INSTITUTE:   Kathryn reported they are making good progress with Beth Henson, Arnie Schwarz and Kathy Henken as her co-chairs.  The theme is “What Family Law Practitioners Don’t Know Can Hurt Them.”  They called for presentations and got 17 responses.  They have brainstormed from these topics and those from the previous year.  They have an outline of how they want to see things work.  There is a plan to increase breaks to 30 minutes between sessions to allow for networking.  Kathryn asked people to contact her if there are topics that come up in our practices which we don’t know the answers to.  One example is “What about working with an incapacitated client?”  These make good lightning round topics.  Kathryn hopes to identify a speaker for a major speech on personality disorders.  Kathryn is looking for a lawyer and a mental health person for this part of the program.    The date is August 10-12, 2007 again at Beaver Run..

LEGISLATIVE –  Dick Rotole and Marie Moses -  Dick reported that the legislative session started January 10th.  There are four bills that affect family law.  First is SB 15- concerning non-substantive recodification of the child support guidelines.  This will put the statute in logical progression.  There was no opposition in the Legislative Committee to reorganization of this statute.  There is a hearing on Monday, January 22, 2007.  It was moved and seconded to support the recommendation of the Legislative Committee to support the recodification of the child support statute.  The motion passed. 

The second bill SB 18 which allows for expedited procedure for relinquishment of parental rights. 

SB 32- Juvenile Court proceedings- changing motion for review of magistrate’s order.  You have to know whether you have consented to magistrate’s jurisdiction.  Dick suggested we should follow this bill. 

SB 56 – Concerning modification of child related orders – DNA evidence of non-parentage.  This started when a father learned later that he was not the biological father of children for whom he had support obligations.  When someone finds out later that he is not the parent after entry of an order, the court would be allowed to terminate a support obligation retroactive to the filing of the motion.  Previously, FLS testified in opposition to the bill when it came up.   Dick recommended opposing this bill. There was general discussion of the pros and cons of this bill, including the effect it would have on the best interests of a child who has known one man to be a father, even though not the bio father, balanced against the unfairness of paying child support for a child who is not a bio child as the result of the mother’s lack of honesty.  The bill will be circulated by email to the FLS Executive Council for a vote. 

Marie reported that Mike Valdez was contacted by the Colorado Coalition Against Domestic Violence.  They have a bill which expands county court judges authority for TPO and PPO to include entering financial orders:  continue paying rent on Petitioner’s residence, child care, restraining from discontinuing insurance, temporary possession of papers, checkbooks, removing minor child from state, restraining the parties from disposing of property.  There were two categories of concerns- turning TPO hearings into TO hearings without disclosures, financial affidavits, etc.  This also expands the jurisdiction of the court.  These orders can be issued ex parte.  There will be a fiscal impact caused by having financial orders hearings.  Jackie St. Joan noted that many DV victims stay in an abusive relationship due to the financial stress and that while this bill may not be the proper remedy, this financial component is a serious problem that needs to be examined and addressed.    The bill will be circulated after it is redrafted.  Dave Johnson suggested that Marie keep the Council informed as this progresses. 

Someone from the Harris Law Office has drafted a virtual visitation bill.  Marie does not know if there is a sponsor. 

MEMBERSHIP –  John Eckelberry-  nothing further

NEWSLETTER –  nothing to report

SCHOLARSHIP – Kevin Sidel – Do we want to offer scholarships to law students to attend our luncheons and other CLE programs?  Lunch is $30 and students may come for $15.00.  Kevin suggested publicizing what exists and see if we get more interest.  The prior consensus of the Council has been to leave the lunches at $15.  There is no indication at this time that law students are interested in attending the FLI or other programs, so publicizing those to the law schools may uncover some interest.

YOUNG LAWYERS – Sara Quinlan and Jennifer Feingold – There was a happy hour with 15-20 people over the holidays.  The FLS allocated $250 and the event cost $160.00.  There is will be a practical family law CLE with a pre-trial track and a trial track on either May 31 or June 1.

NEW BUSINESS:  None

ADJOURNMENT:

A motion to adjourn was made and seconded.  The meeting was adjourned at 11:45 a.m.