November 2007

FAMILY LAW SECTION EXECUTIVE COUNCIL MEETING – NOVEMBER 16, 2007

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

The following members and/or past chairs, attended in person:  Kathryn Beck (Chair), David Littman (Chair Elect), Marie Moses (Secretary), David Johnson (Immediate Past Chair), Marc Chapleau, Denise Cook, Meredith Cord, John Eckelberry, Jennifer Feingold, Terri Harrington, Beth Henson, Robert Hinds, Robert Malman, Steve McBride, Dick Rotole, Ellen Squires, Jackie St. Joan and Brenda Storey. 

Members present by telephone:  Deb Anderson, Jordan Fox, Russell Murray and Brenda Storey.

These members had excused absences:  Terri Harrington, Katie Hays, Joan McWilliams, and Kevin Sidel. 

Melissa Nicoletti was present from the CBA.  

A motion was made to approve the minutes of the September 21, 2007 meeting.  The motion was seconded and was approved without opposition.  A motion was made to approve the Treasurer’s Report.  The motion was seconded and was approved without opposition. 

OFFICER’S REPORTS

CHAIR’S REPORT BY KATHRYN BECK: 

Marc Chapleau: Was welcomed as the newest member of Executive Council, filing the vacancy left with Richard Zuber was elected Treasurer.  Because he is filing Richard’s position, his term will expire in 2008. 

Barristers Ball: It was proposed that the Family Law Section sponsor a table for the Barristers Ball.  A table will cost the section $3000.00 if purchased before February 1st.  The table will be filled with FLS members that have taken a Metro Volunteer Lawyers case.  A motion was made and passed to sponsor a table. 

Judicial Performance Standards:  It came to light during the Brown Bag Luncheon with Douglas County Judges, Magistrates and court staff that there is a great deal of concern among judges regarding the Judicial Performance Standards.  Judges and judicial districts are evaluated, in part, by the speed with which they close cases.  A judge’s statistics are presently factored into their retention recommendation and a judicial district’s funding is impacted by its closed case standards.  There presently are statewide standards that mandate that almost all domestic cases should be closed within 12 months.  In response to these standards, the 18th judicial district has implemented case management procedures that results in the dismissal of cases that are not moved through with speed.  Specifically, if certain deadlines are missed, cases will be dismissed without notice, other than that provided in the Case Management Order.  There was a general consensus among the Executive Council that the current standards require too many cases to be closed in too short of a time.  While the Council supported the notion that cases capable of resolution be resolved quickly, there was general concern that many complex cases take more than one year to develop and be ready for resolution by settlement or hearing.  Additionally, there was a discussion that the Case Management Order alone does not provide sufficient notice prior to the dismissal of cases. 

There was discussion that the current stringent standards were developed as a compromise when the General Assembly passed legislation creating positions for new judges.  However, the current standards are under review, and there may be an opportunity to achieve a relaxing of the standards.  Kathryn Beck requested that Council members that knew individual members of the Standing Committee contact those individuals to discuss the need for balancing the need for swift resolution of disputes with the need for domestic cases to become ripe for resolution. 

VICE CHAIR’S REPORT – DAVID LITTMAN:

The 2008 Family Law Institute will be held August 8 -10, 2008 at Beaver Run in Breckenridge.  The planning committee will consist of David Littman, Brenda Storey, Ann Gushurst (Collaborative Law), Yvonne Zuber (Financial Issues), Koann Lawrence (Mediation), Hon. Robert Russell (Judicial) and Les Katz (Mental Health). 

SECRETARY’S REPORT- MARIE MOSES

 None.

TREASURER’S REPORT BY MELISSA NICOLETTI:

 The treasurer’s report was approved. 

OLD BUSINESS

1. FLS Notices:  Discussion was had about trying to coordinate with district court administrators to ensure that judges and magistrates recieve FLS luncheon notices and the Newsletter.

2. Amicus Committee:  Deb Anderson has been appointed to the Amicus Committee.  She reported that a party had petitioned for cert in the DePalma case but it had not yet been granted. 

NEW BUSINESS:

1. Appellate Mediation:  Cynthia Savage, Sally Ortner and Judge Janice Davidson attended the meeting and presented to Council the Appellate Mediation Project.  This is a one year pilot project that will commence December 1, 2007.  Under this project, perfected appeals without issues concerning children will be ordered to attend mediation.  The parties can choose to mediate with a private attorney, or may have the matter mediated by the Office of Dispute Resolution.  It is hoped that the mediation requirement will not delay the appeal because the mediation can take place while the record is being prepared.  Richard Zuber and others expressed concern that there is very little incentive to settle a domestic relations appeal because the party that prevailed at the trial court has little incentive to settle given the presumption that the trial court’s decision will be affirmed.  However, because of the success of similar projects in other jurisdictions, the Court of Appeals and the Office of Dispute Resolution are hopeful that mediation will lead to the resolution of many cases on appeal.

2. Office of Disciplinary Counsel:  Fran Fontana reported on the changes in the disciplinary process currently being considered by the Office of Disciplinary Counsel, at the initiative of John Gleason.  Mr. Gleason wants the process to be a transparent and public process.  There is frustration within the Office of Disciplinary Counsel because members of the public often check with the Office concerning specific attorneys.  However, because of the confidential nature of the process, the office cannot reveal that there may be an ongoing investigation into an attorney there is a finding of merit to the complaint.  On the other hand, attorneys are concerned that complaints not automatically be made public because 80% of the complaints made do not proceed past the informal intake phase.  Domestic Relations practitioners are particularly susceptible to the filing of unwarranted complaints, and there does seem to be recognition of that fact within the Office of Disciplinary Counsel. 

Possible changes that may be instituted:  1) Once a petition for immediate suspension is filed, it should be a public record without waiting until it is granted. 2) Office of Disciplinary Counsel could make certain cases public even before the filing of a Petition if there is a serious risk of public harm. 

3. Lien Rationalization Task Force:  The Council received a Memorandum from the Colorado Lien Rationalization Task Force concerning possible legislation addressing the registration of liens.  It was determined that no action was needed by the FLS.

ADJOURNMENT:

A motion to adjourn was made and seconded.  The meeting was adjourned at 11:50 a.m.