April 2007

FAMILY LAW SECTION EXECUTIVE COUNCIL MEETING – MARCH 10, 2007

The meeting was called to order by the Chair at 10:15  am. 

The following members and/or past chairs, attended in person:  David Johnson, Brenda Storey, Marie Moses, David Littman, Kathryn Beck, Steve Lass, Joan McWilliams, Martin Brown, Bob Malman, John Eckelberry, Jackie St. Joan, Rob Hinds, Richard Zuber, Terri Harrington, Sarah Quilan from YLD attended as a guest.

Members present by telephone:  Deb Anderson, Dick Rotole, Katie Hayes, Marc Kaplan

These members had excused absences:  Steve Epstein, Beth Henson, Denise Cook, Fran Fontana, Kevin Sidel

Melissa Nicoletti was available but not present from the CBA.  

A motion was made to approve the minutes of the March 16, 2007 meeting.  The motion was seconded and was approved without opposition. 

OFFICER’S REPORTS

CHAIR’S REPORT BY DAVE JOHNSON: 

1. David Johnson yielded to Kathryn Beck who reported on the Brown Bag Lunch in Arapahoe County.  The Chief Judge advised that there is some in-fighting going on in the Legislature, and the monies set aside for new judicial positions may be threatened. They asked for any help that we could provide by alerting our members to this development, so that pressure can be put upon legislators to support the financial commitment previously made to the judiciary, rather than take those funds to improve roadways. .  They were proud of their statistics showing a high percentage of new cases resolved within one year.

2. David Johnson reported on Adams County Brown Bag last week.  Their comments were focused on obtaining a monthly summary of family law cases.  They cautioned lawyers who file vague Stipulated Case Management Plans not to assume that their initial status conference will be vacated.  Dave also is checking on clarification of OCR’s policy on dealing with CFIs in half indigent state pay cases.  There is a meeting on May 10th for CFIs and the bench in Adams County.

3. May 8th in Boulder and May 11th in Douglas County are the next dates for Brown Bag Lunches.  The Denver Brown Bag still needs to be scheduled.

4. The CBA Board of Governors is meeting on May 12th.  Any issues should be provided to Helen Shreves, our representative on the Board of Governors.

5. Dave got an email from Rose Zapor who commented that the website is woefully out of date.  Last minutes are from late 2006 and last newsletter is 2005.  Nothing indicated who the current officers and members of the Executive Council are.  Melissa Nicoletti indicated that it would take an hour or two of training to learn to update the website.  Rose Zapor volunteered her help.  Dave would like to make this a priority to get newsletters and lists of officers up to date.  Dave suggested that there be a link to email and phone for council members and officers.  Why not put new cases on the website.  A question was raised about why CBA is not able to service us.  David Littman and Marie Moses were appointed to get minutes and newsletters on the website.  For September, 2007, we need to get the FLS roster on the website. 

6. Jackie St. Joan announced a poetry reading at the bar association on April 26, 2007 from 5;30-7:30 p.m.  Refreshments will be served.  Jackie is one of the poets.

VICE CHAIR’S REPORT – KATHRYN BECK:

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

SECRETARY’S REPORT- DAVID LITTMAN

 David Littman announced CASA Light of Hope Breakfast on April 24, 2007

TREASURER’S REPORT BY MARIE MOSES:

Marie reported that the results of the audit show that the amount in our account is within $1000 of the $32,001.65.  The spreadsheet reflecting the audited and accurate account balances will be prepared at the end of April 2007.  Dave Johnson will set up a meeting with Melissa and staff to make sure that we have a handle on the financial picture.  Bob Malman will obtain a quote from the Pepsi Center for luncheons next year.  The treasurer’s report was approved.

IMMEDIATE PAST CHAIR (FRAN FONTANA):

Fran was not present.  We have received a list from Melissa of those people who submitted a request to be on the ballot.  Meredith Cord, Kevin Sidel and Elizabeth Pierce Dorrance are from out of the metro area.  Richard Zuber is the candidate for treasurer.  David Johnson hopes for a good turnout by electronic ballot.  The ballot must be out by May 15 and the election will be conducted until June 1st.

OLD BUSINESS

1. Bench Bar Book- Marc Kaplan and Jordan Fox agreed to take over the editing of this task.  We had agreed to earmark $5000 to keep case law updated on an ongoing basis.  Marc and Jordan volunteered associates in their offices to do the updates.  Dave Johnson is going to leave it up to Marc and Jordan about using their associates.  Marc stated that he didn’t expect to be reimbursed for his associate’s time.  The funds will be used for the actual updating of the book.  Dave requested that Marc and Jordan get a plan to David Littman and Marie Moses for getting the case law on the website.  Kent Wagner at State Judicial is in charge of judicial education and can assist is getting the monthly case law update distributed to the judges.  Monthly summary of DR, Paternity, Juvenile, Child support, etc. is what judges are looking for.  Dave requested that they report in May on what they have done. 

2. No one is attending the AFCC conference – May 30th -June 2nd   Next year Kathryn Beck and Dick Rotole will attend the conference..  The following year it will be David Littman and someone from the legislative committee.

3. Family Court Task Force- Steve McBride, Leslie Monahan and Beth Henson are attending the ABA conference in early May in Baltimore.  There will be about ten people from Colorado including State Court Administrator’s Office and a couple of judges.
 

COMMITTEE REPORTS:

BY LAWS- (Bonnie Schriner):  Dave Johnson will see that the updated bylaws are sent by email to council members.

ATTORNEY-MEDIATOR DIALOGUE: Today is the day and at least 63 people are attending.   

FAMILY LAW INSTITUTE:   Kathryn reported the FLI has a full faculty.  Gary will have “Save the Date” cards sent out soon.  The date is August 10-12, 2007 in Breckenridge at Beaver Run.

LEGISLATIVE –  Dick Rotole and Marie Moses - 

• HB 1330- Second parent adoption bill has passed the House and Senate and it awaiting signatures to go to Governor

• HB 1255- The Uniform Child Abduction Prevention Act: Has passed House and Senate

• SB 15- Recodification of child support guidelines – signed by governor

• SB 18- Expedited procedure for relinquishment of rights has passed and is awaiting signature.

• SB 136 – Protective orders – has passed both houses.

• HB 1349 – Child Support Obligations: This legislation incorporates changes to the child support statutes that have been recommended by the Child Support Commission.  The one aspect of this bill that represents the most significant legislative change is the section that would re-define when a parent can get a credit for “other children.”  As the law is currently drafted, a parent can only get credit if the children are “prior born.”  It is the opinion of the Child Support Commission that this change is necessary to treat all families equally and that it should not matter whether the child is prior born or recently born.  The proposed bill would not eliminate the prohibition on using an “other child” credit to reduce child support.  Recommendation of the Legislative Committee is that we take no position on the bill.  It was moved and seconded.  The motion did not pass due to a tie vote.  A motion was made to oppose the bill.  As a result of not having a two-thirds majority, no position will be taken. 

The Legislative Update Luncheon is May 18th

MEMBERSHIP –  John Eckelberry and Terri Harrington -  Terri contacted someone from CU in charge of family law- Claire Huntington.  They were excited to hear that we might offer discounts for programs, luncheon and FLI.  John had spoken with head of career development office at DU.  John will try to have a mentoring plan for FLS to discuss next month. 

NEWSLETTER –  Katie had nothing to report.

YOUNG LAWYERS – Sara Quinlan reported all speakers are in place for the CLE on June 8th.  The focus is on basic trial skills. 

NEW BUSINESS: 

Grants Committee:  Kathryn Beck reported that CASA has requested a grant in the amount of $5000.  Motion passed to approve the grant.  David Littman abstained as a result of his relationship with CASA.

Common Law Marriage Ad Hoc Committee - Richard Zuber – with the exception of Richard, everybody on the committee is in favor of abolishing common law marriage.  Richard is on the fence on this issue.  Academy of Matrimonial Lawyers felt that this is a very important issue and wanted time to consider this issue.  It will be discussed at a meeting on the second Tuesday in May.  Judge Stewart, with the Probate Court in Denver, takes the position that common law marriage is harmful to women.  The man is intending not to be married and woman believes that she is married.  Judge Stewart believes that if we abolish common law marriage, women would no longer rely on a promise but would push the man into statutory marriage.  Richard and Kim Willoughby attended the Trusts and Estates statutory revisions committee with about 40 lawyers.  There were three straw votes taken by the committee, all of which were to obtain more information of the impact a change in the law will have and to research what other jurisdictions have done.  It appears that common law marriage has more impact on minorities as this type of marriage is more frequent in minority communities.  Jackie St. Joan noted that this issue impacts immigration law as well.  Richard will report in May on the progress of the Committee.  He suggested that it may be appropriate for someone who supports CL marriage to be named to the committee so that both sides of the issue can be considered.  Dave Johnson asked Richard to keep an eye open for such a person and suggest that name to Dave.  This may be a good topic for a fall luncheon debate. 

ADJOURNMENT:

A motion to adjourn was made and seconded.  The meeting was adjourned at 11:57 a.m.