March 2004

Family Law Section Council Meeting - March 19, 2004

The Executive Council Meeting was called to Order by Steve Lass, Chair. In attendance were Council Members: Bonnie Schriner, Chair-Elect; Fran Fontana, Secretary; Dave Johnson, Treasurer; Martin Brown, Marie Avery Moses, Richard Zuber, Steve Epstein, Ron Litvak, Deb Anderson by telephone, Terry Bernuth,  Dick Rotole, Bob Malman, David Littman, Joan McWilliams, Katie Hays, Jackie St. Joan, Megan Combs, Steve McBride, and Guests: Melissa McClerkin and John L. Eckelberry.  The following Council Members were excused: Lesleigh Monahan, Rob Hinds and Beth Henson. 

A Motion to approve the Minutes of the February 13, 2004 meeting was made, seconded, and passed.  The Minutes for the February 13, 2004 Special Executive Council Meeting are approved.

Steve Lass announced that a panel of Council Members was going to the DU Law School to participate in a panel presentation on March 30, 2004.  Those members are: Martin Brown, David Littman, Beth Henson, and Dave Johnson.   

Marie Moses repeated the request made during the luncheon for articles to be submitted for publication in the Colorado Lawyer. 

Richard Zuber and Bonnie Schriner provided an update regarding the Family Law Institute which is scheduled for August 6 - 8th, in Steamboat Springs.  The program will generally follow the same format as last year’s, but will include a series of “hot topics” presentations of ten minutes each, on Friday afternoon, and more attendance by members of the judiciary at the regular sessions.  The Institute will also feature a new judges component, to provide additional family law information to those newer to the bench.  The judge track will be mixed format, with the judges attending portions of our regular tracks and then some separate judge-only workshops.

Steve Lass, as Chair, and the entire Council, thanked Bonnie and Richard for their hard work on putting together what promises to be another successful program August 6-8, 2004, in Steamboat Springs—plan to attend! 

As a follow up to the luncheon presentation on the newest draft of C.R.C.P. 16.2, Dave Johnson reported that there is still time to comment on the proposed Rule.  Dave indicated that the presenters received feedback during and after the luncheon, and they will be adding a request for health insurance information to the list of mandatory disclosures as a result of such feedback.  The latest draft of the Rule, with appendices, is posted on the Family Law Section website, with information regarding how to provide feedback.  Feedback should be provided before April 15, 2004. 

Marie Moses and Dick Rotole, reported on the following legislation:

HB 1307 regarding Protection Orders has passed the House and went to the full Senate on March 15, 2004.  Because committee hearings have been completed, no action by the Section is warranted.

HB 1297, regarding a presumption of substantially equal parenting time for Temporary Orders, passed out of the House Committee on a 9-2 vote.  Marie Moses testified in opposition of the bill on behalf of the Section at the Committee hearing, and Steve Lass testified in opposition of the bill on behalf of the AAML.  There was testimony against the bill from the Coalition Against Domestic Violence.  There was also discussion about the possibility of presenting testimony from mental health professionals if and when the bill is heard in Senate Committee.  It was reported that the bill is in House Appropriations, with a fiscal note of approximately $90,000. The bill has not come before the full House or been assigned to a Senate Committee.  Discussion occurred regarding members of the Council who could be available to testify if and when it is scheduled for Senate Committee hearings. 

HB 1083 regarding termination of child support based upon DNA evidence of non-parentage passed the House on March 2, 2004.  It was reported that the bill now has a fiscal note of approximately $105,000.  The bill was initially assigned to Senate Judiciary committee but is being reassigned to another Senate Committee.

It was reported that the Child Support bill has passed the House and is now waiting for vote by the Senate, and that the bill affecting Family Law Magistrates is awaiting the Governor’s signature.

Discussion was held about the federal lawsuits that have been filed against mental health professionals for their work as Special Advocates.  It was reported that two or three cases have been filed—one of which was dismissed and then refiled.  It was also reported that one of the lawsuits, filed by one of the parties to the original dissolution action, named the attorney who represented the ex-spouse as a party to the lawsuit. 

It was reported that the Standards for Special Advocates are available for review on the Family Law Website, and all members were encouraged to review those guidelines. 

Steve Lass reported that Lisa Dailey resigned her membership on the Executive Council due to family concerns.  In accordance with the By-laws, Mike Luchetta was suggested as a replacement for Lisa, since he also practices in Colorado Springs.  Mike previously practiced with Hall & Evans and opened that firm’s Colorado Springs office.  When Hall & Evans closed its Colorado Springs office, Mike decided to remain in the Colorado Springs area and opened his own practice.  A Motion was made to approve Mike Luchetta as the replacement for Lisa Dailey on the Executive Council. The motion was seconded and unanimously approved.  Steve Lass will officially notify Mike of his appointment and welcome him to the Council.

Treasurer’s report: A copy of the CBA financial statement for the Family Law Section for the eight months ending February 29, 2004, was provided to Council Members.  That statement reflected a $54,000 ending balance. It was noted that the Bar Association will increase the administrative fees from $1.50 per member to $3.00 per member for the 2004-2005 membership year, and $5.00 per member for the 2005-2006 membership year. 

Discussion then took place regarding whether there should be an increase in the Section membership dues. It was agreed that due to the fact that the Section has been able to hold down the costs, there is no need to increase membership dues at this time, even though we will be paying more for administrative costs.

It was reported that the Family Law Section has been approached by Colorado CLE and State IDC for contributions to their upcoming seminars.  Colorado CLE filled out a formal grant request for the amount of $5,000.  State IDC made an informal request for $1,500.  Bonnie Schriner, chair of the Grant Committee, agreed to contact Steve Epstein who made the request on behalf of the State IDC, and ask him to fill out a formal Grant request.

The Colorado CLE request for $5,000 for the Family Law Institute was discussed.  At one point in the discussion, a Motion was made to approve the request and the Motion was seconded.  After further discussion about the role of the Grant Committee in fielding such requests, the Motion was withdrawn.

Issues raised during the ensuing discussion on the request for funding included: The precedent- setting nature of such a large request; the possibility that another request for an additional $5,000 would be forthcoming for judges to attend the Family Law Institute; the merits of creating a scholarship fund for young family law attorneys to attend the Institute; and the need for a look at the annual budget of the Section to determine how much money is available for grants.  It was noted that $3,000 in Grants have already been paid out this year.

Bonnie Schriner, co-chair of the Family Law Institute, indicated that she would recommend a contribution of at least $3,000 to CLE on their current request. 

Motion was then made for the Grant Committee to review the request from Colorado CLE and advise the Council how to proceed at the May Council Meeting.  It was noted that perhaps Gary Abrams of Colorado CLE might want to speak in favor of the request at the May meeting.

Due to the timing of the State IDC Conference, it was agreed that upon receipt of a formal Grant request, the Grant Committee would determine a position on that request and if approved, it would be circulated to Council for vote by e-mail.

Steve Lass reported that the deadline to submit a petition to be placed on the ballot had passed and it appeared that we had close to the limit of 24 names for the ballot.  Melissa McClerkin reported that she is finalizing the paperwork on those petitions and will inform the Nominating Committee of the names as soon as she completes the paperwork.

It was agreed that the issue of the Young Lawyers Division of the Family Law Section would be placed on the May Agenda so that ideas could be explored for increased involvement by that Division.

A motion was then made to adjourn, the Motion was seconded and the Council unanimously voted to adjourn the meeting.

Respectfully submitted by Frances C. Fontana, FLS Secretary