September 2006

FAMILY LAW SECTION EXECUTIVE COUNCIL MEETING SEPTEMBER 15, 2006

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, Fran Fontana, Brenda Storey, Marie Moses, Marc Kaplan, Terri Harrington, Richard Zuber, David Littman, Beth Hensen, Bob Malman, Kevin Sidel, Jordan Fox, Denise Cook, Kathryn Beck, Ellen Squires, Dick Rotole, John Eckelberry, Steve McBride, Jacqui St. Joan.

Members:  No members appeared by telephone. 

These members had excused absences:  Steve Epstein, Martin Brown, Steve Lass, Mike DiManna, Joan McWilliams, Katie Hayes, Rob Hinds,

Melissa Nicoletti was available but not present from the CBA.  

A motion was made to approve the minutes of the May, 2006 meeting.  The motion was seconded and approved. 

OFFICER’S REPORTS

CHAIR’S REPORT BY DAVE JOHNSON:

NEW MEMBERS:  Terri Harrington, John Eckelberry, Marc Kaplan were introduced and welcomed by Dave Johnson

Family Law Institute had 280 attendees.  The evaluations were generally good.  Complaints were about a main room being cold and long lines to check in at hotel.  Plans are to do it again in 2007 at the same facility, but the weekend may move to 2nd weekend in August. 

Dave reported on luncheon dates – 3rd Friday of each month except for December (no meeting) and February (Judge’s reception on February 15, 2007).  The luncheon in October will focus on term limits for judges.  In November, Bill Hunnicut and a CPA will discuss difficult maintenance issues.  January will be a case law update.  March – Dave will approach John Suthers about speaking on the common law marriage issue.  April is the attorney mediator dialogue.  Terri Harrington will be the liaison for the FLS with this program.  May will be the legislative update meeting.  The Executive Council is not scheduled to meet in October or May.  There may be an Executive Council meeting in February and there won’t be one in December.

Bob Malman brought up having an event at the Pepsi Center in December which would include dinner and a game (probably Nuggets game).  This idea was well received.

There is a request for a contribution for Adoption Day in Denver Juvenile Court.  Last year we contributed $500 to underwrite cost of breakfast.  Fran Fontana moved to contribute $500 and Kathryn Beck seconded the motion which was passed unanimously. 

A request was received from the anniversary committee which recognized the judicial merit selection process.  The Executive Council approved a $500 donation. 

A request was made for contribution by the section by Dana Collier Smith.  She reported early polling showed it would be difficult to defeat this ballot initiative.  Recent polling suggested there is a better chance of defeating this proposal.  They have raised $1,000,000, with $500,000 from CBA and $100,000 from DBA included.  $800,000 will go to media buys which have to be made within next week and a half.  Funding is crucial at this point.  There are 3 full time staff members and CBA is donating time of several people.  Amendment 40 will unseat 5 of 7 Supreme Court justices and 7 of 19 Court of Appeals judges.  There is a 35% tax to be paid on a political contribution. 

Steve McBride moved to donate $15.00 per member based upon 980 members.  Bob Malman added a friendly amendment to make a contribution of $20,000 which includes the tax.  Kevin Sidel abstained.  The motion passed unanimously. 

FLS ended fiscal year with just under $40,000.  Presently we are at $62,000 which does not include the above contribution. 

There was a request from a DU law student who wanted to attend the Collaborative Law Training and wondered if FLS had a scholarship for CLE for law students.  CLE was willing to let her attend if she paid for materials.  The question raised was whether we want to charge the scholarship committee with developing a policy regarding students and new lawyers.  The issue was referred to the scholarship committee (Denise Cook). 

The AFCC conference is May 30th-June 2nd in Washington, D.C.  In past the Chair, Vice Chair and a member of the legislative committee have attended. 

Dave received a request from Liz Starrs (President of CBA) to be on the Youth at Risk Task Force.  They will be developing programs involving lawyers in truancy issues and youth who are about to emancipate from foster care.  Dave invited others who are interested to contact Diane Peterson or Liz Starrs.

Dave thanked Bob Malman for getting the Pepsi Center locale organized.

Dave Johnson reported that the officers will continue the brown bag lunches. 

VICE CHAIR’S REPORT – KATHRYN BECK:

Kathryn reported she is beginning to work on the FLI for 2007.  One idea is what family lawyers need to know about various other areas of the law (mental health, psych testing, etc.).  It was suggested that Kathryn approach doctoral level mental health practitioners for their input.  It was suggested that MDIC be contacted for their input on this program. 

SECRETARY’S REPORT – DAVID LITTMAN: 

David reported that the annual CASA conference is October 7th at the Arvada Center and urged members of our section to attend.

TREASURER’S REPORT BY MARIE MOSES:

Marie provided the Treasurer’s Report and noted that the balance is $41,883.67 on our balance sheet. 

Colorado Judicial Institute is having an annual dinner on November 16, 2006 at Denver Marriott Center.  Speaker is a former chief justice from Texas. A Judicial Excellence Award is going to Lou Gresh and an award of distinction is going to Rebecca Kourlis.  Individual tickets are $125.00.

IMMEDIATE PAST CHAIR:

Fran had nothing to say.

OLD BUSINESS

OTHER PROFESSIONALS COMMITTEE

Beth reported that this committee has been dealing with CFI issues.  Judge Bochman was concerned with confidentiality issues when there are criminal issues pending.  All CFIs seem to be doing psychological testing.  He thought the standard CFI order needs to be more narrow and have the CFI request permission to do psych testing. 

COMMITTEE REPORTS:

BY LAWS-  Dave Johnson has asked Bonnie to update the voting process.  Jacqui St. Joan volunteered for this committee

ATTORNEY-MEDIATOR DIALOGUE: Terri Harrington asked for ideas

JUDGES BENCH BOOK – Marc Kaplan and Jordan Fox volunteered for this job.  $5000 has been earmarked for a month to month editor’s position.

LEGISLATIVE – Dick reported that the common law marriage bill passed over the summer is a patch.  There will be a bill introduced to abolish common law marriage in the upcoming legislative session. 

He has been contacted by a magistrate complaining about case load has been shifted onto magistrates.  They feel like they need support from family law attorneys on this issue.  Dave Johnson wants to establish a committee or task force to look at recommending how to put forth a dedicated family law court.  We need judges who are appointed from the family law background who do this work.  The charge would be to gather information and legislation to put forth legislation. 

MEMBERSHIP – There would be a natural synergy to have Young Lawyers, Mentoring and Membership in one grouping. 

NEWSLETTER – Ellen Squires reported that she has received requests for announcements or ads.  There was consensus for maintaining the status quo. 

NOMINATING -  Fran had nothing to report

PRO BONO AND FLYING SQUADS – nothing to report

SCHOLARSHIP – Denise and Kevin had nothing to report

YOUNG LAWYERS – Dave Johnson advised Jennifer Feingold of the FLS folding together of the committees.

NEW BUSINESS:  Dave Johnson got a call from John Lebsack, chair of the Ethics Committee.  John suggested that as family law practitioners are the main practitioners of collaborative law, the family law members could dialogue with Ethics Committee on this issue.  Dave Johnson has written a letter to the Ethics Committee which will be discussed at their September meeting.  They will identify several family law practitioners including collaborative law practitioners who will be on a committee with Ethics Committee members to address this issue.

Dave Johnson reported that after his letter clarifying the FLS position on dealing with complaints about judges appeared on the Harhai listserve, he has not been contacted further.  It is clear that the FLS is not the proper entity to deal with this issue.

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