February 2005

MINUTES

FAMILY LAW LUNCHEON

EXECUTIVE COUNCIL MEETING

FEBRUARY 17, 2005

The Executive Council Meeting was called to order by the Chair, Bonnie Schriner.  In attendance were: Mike Luchetta, Robert Smith, Jacqueline St. Joan, Megan Combs, Barbara Quade, Bob Malman, Terry Bernuth, Brenda Storey, Marie Moses, Dick Rotole, Rob Hinds, David Littman, Bonnie Schriner, Kathryn Beck, Jordan Fox, Steve Lass, Mike DiManna.  Attending by phone were:  Beth Henson, Katie Hays, Deb Anderson, and Melissa Nicolleti.  Excused absences: Gretchen Aultman, Fran Fontana, Russell Murray, Martin Brown, Joan McWilliams, Lesleigh Monahan.  Absent: Steve Epstein and Richard Zuber.

Bonnie Schriner noted that past presidents do not need to obtain an excused absence.

The minutes of the January 21, 2005 meeting were adopted. 

OFFICERS' REPORTS:

 Bonnie Schriner reported that she and Marie Moses, as chair of the legislative committee, will attend the AFCC Conference in May.

 The Treasurer's Report from Kathryn Beck was distributed via e-mail and a copy is attached to these minutes.  As of the seven months ending January 31, 2005, the Family Law Section treasury has a balance of $79,561.29. 

 The immediate past chair, Steve Lass, reported on the progress of the Nominating Committee and the Family Law Institute.

 Steve reported that the Nominating Committee is composed of the officers and Rob Hinds.  An e-mail was sent to all members of the Family Law Section soliciting nominations.  March 18 is the deadline to submit the nomination petitions.  Steve reminded current members of the Executive Council that they also must submit nominating petitions with five signatures.  This year we have 24 slots for 10 positions on the Executive Council. 

 Steve also reported that the Family Law Institute will be held August 5, 6 and 7 at the Great Divide Lodge in Breckenridge.  Steve and Fran Fontana are the co-chairs. 

 There was discussion concerning financial support for the Judges to attend the Family Law Institute.  The issue is that the Family Law Section cannot pay money directly to the State Judicial Department due to TABOR restrictions.  Steve indicated that last year we gave $5,000 to Colorado CLE for the judges to attend, with the caveat that this money would not be spent for alcohol.  Gary Abrams of CLE of Colorado advises that CLE can waive the registration fee for judges.  This raises the question of whether or not the Family Law Section should help pay for the rooms for the judges.

Dave Johnson reported that Melinda Taylor has the grant form to request money from the Family Law Section but he was not sure as to the status of any application.

 Melissa Nicolleti indicated that she had spoken to Gary Abrams. Gary said that if we cannot give money directly to the judges, the CBA can pay parts of the bill for the judges, including hotel rooms.  Since CLE of Colorado is the educational arm of the CBA, this is appropriate and does not create problems with tax exempt status. 

 Bonnie Schriner indicated that last year we gave $2,000 to CLE and $3,000 was earmarked for the judges, for a total of $5,000. 

The question was raised as whether there was enough money last year for the judges who wanted to attend, and Melissa indicated that she recalled that there was.

Steve Lass made the motion that the Family Law Section should contribute $5,000 to CLE of Colorado for the sponsorship of the Family Law Institute and for the judges.  Bonnie Schriner made a friendly amendment that this should be clarified to show that $2,000 would be for our sponsorship of the Family Law Institute and $3,000 would be for covering the expenses of any judges who wish to attend, excluding alcohol.  Steve Lass accepted this friendly amendment. 

David Littman indicated that he was going to vote against the motion because of his ongoing concern that the Family Law Section is providing money for judicial education when the state has failed to properly budget for judicial education. 

The question was called and the motion passed with one nay vote. 

 
OLD BUSINESS:

Colorado Lawyer: Marie Moses again solicited articles for the Colorado Lawyer.  She suggested that each member of the council come to the next council meeting with a title for the article which they intend to write.  Bonnie reminded the Executive Council members that we owe it to the Section to be sure that a Family Law column appears in each issue of the Colorado Lawyer. 

Newsletter: Jordan Fox reported that the next newsletter deadline is March 15, although they would appreciate having articles by March 1.  The newsletter continues to be published quarterly.  Short articles, reports on practice pointers is the various districts, and the like are appropriate for the newsletter. 

Bench Book: Barbara Quade reported that the Bench Book project is moving along.  The editors have assigned topics and have a format.  Notebooks have been purchased.  The format will be in Word and Melissa Nicolleti is assisting with this.  The editors hope to meet the deadline of having the Bench Book available by the time of the Family Law Institute in August. 

Expert Directory: Rob Hinds reports that the Expert Directory will be going to press in the next several days and should be available in the next two weeks.  There was discussion about how to disseminate the Expert Directory.  The consensus of the Executive Council was to disseminate it on line at the Family Law Section website and to have hard copies available to hand out at the luncheons.  The on-line version will be gated so that only Family Law Section members will have access to it. 

Standing Committee on Family Law Issues: Dave Johnson reported that the Supreme Court has issued a clarification order indicating that new Rule 16.2 applies only to cases and motions to modify filed after January 1, 2005.  He also reported that the ethics subcommittee is up and running and will be addressing a number of ethical issues related to Rule 16.2 as well as other ongoing ethical issues for family law attorneys.  The Ethical Issues Task Force of the Family Law Section will be working in conjunction with the ethics subcommittee of the Standing Committee. 

NEW BUSINESS: 

Legislative Report: Beth Henson reported that she and other members of the Legislative Committee had met with Representative Jahn to provide her with feedback from the Family Law Section.  Representative Jahn indicated she had received some negative feedback from constituents and asked for assistance from the Family Law Section in addressing those concerns.  The main concern is the accountability of parent coordinators and special advocates.  Beth indicated that the Legislative Committee agreed to give her a list of responses to the concerns raised by her constituents.  Beth reported that the bill is up for a hearing on Thursday, February 24, 2005. 

Kathryn Beck reported that she had heard that the parent coordinator bill may be put on hold temporarily.  The changes suggested by the Family Law Section were incorporated into the bill. 

Marie Moses reported that the three most important bills (The parent coordinator bill, renaming the special advocate, and limiting parenting evaluations) were all scheduled for hearings in the coming week. 

Bonnie Schriner indicated that we would keep the Executive Council meeting scheduled for March on the calendar since it appears there may be some ongoing legislative issues to address at that time. 

Amicus Committee: Mary Jane Cox was absent due to a personal emergency.  There was nothing to report. 

Scholarship Policy Task Force: Brenda Storey indicated that the task force is still working on a proposal to present to the Executive Council in March. 

Membership Committee: Brenda Storey indicated that one of the responses to her e-mail soliciting suggestions for how to better serve the membership included a request to reinstate the "match program."  Brenda did not recall what this program was and other members of the Executive Council recalled that it was a pro bono project which matched clients with attorneys who agreed to accept lower retainers or sliding scale fee arrangements.  Melissa reported that this was a bar-wide program and not limited to the Family Law Section.  She also reported that it was discontinued due to the lack of volunteer attorneys. 

Judicial Nominating Committee Activism: Lesleigh Monahan was excused and Bonnie Schriner made the report for her.  She indicated that letters would be going out from the Family Law Section and the CBA concerning the importance of family law in the judicial nominating process.  Dave Johnson indicated that a similar letter is being sent by the Standing Committee subcommittee on judicial education. 

Attorney Mediator Dialogue: David Littman reported that the Attorney Mediator Dialogue is set for April 15, 2005.  He reported that Judge Anderson will be talking on removal.

There was further discussion concerning funding of this event by the Family Law Section.  This year we have agreed to fund two mailings and the brochure, a cost of approximately $1,500.  Dave indicated that the organizing committee may be asking for a more formal commitment from the Family Law Section in the future as it relates to our commitment to cover costs and/or sponsor the event.  There was general discussion concerning historical problems with sharing the profits in the past and the occasional problems that result from three different groups participating in this event (Family Law Section, CCMO, and the MDIC).  Dave Johnson made a motion that the Family Law Section should invite the other two groups to meet and formulate a memorandum of understanding concerning the organization and cost of the Attorney Mediator Dialogue.  The motion was seconded and unanimously approved. 

Miscellaneous Reports: It was reported that Denver now has a short form of the Financial Affidavit available for use. 

Dave Johnson reported that the magistrates in El Paso County are going to all be assigned to new divisions.  It is possible that magistrates will be assigned to hear domestic cases who have little or no experience in handling domestic cases. 

Terry Bernuth reminded us all that March 15 luncheon would be the judges panel on maintenance.  So far she has Judge Russell, Judge Moss, Judge Jackson and Judge Arkin on the panel.  She requested that we all consider sending in scenarios for discussion by the panel.

There being no further business, the meeting was adjourned at 2:55 p.m.

Respectfully submitted,

Dave M. Johnson, Secretary