September 2003

MINUTES OF THE SEPTEMBER 19, 2003 EXECUTIVE COUNCIL MEETING

 1.     The meeting was called to order by Steve Lass, Chair, at approximately 1:20 p.m. In attendance were: Fran Fontana, Kathryn Beck, Bob Malman, Megan A. Combs, Lisa Dailey, Russel Murray III, Al Bonin, Marie Moses, Beth Henson, Richard Zuber, Terry Bernuth, Steve Epstein, Dave Johnson, Lesleigh Monahan, Bonnie Schriner, Howard Zucker, David Littman, Dick Rotole, and Ron Litvak.  In attendance via telephone were Katie Hays and Angie Arkin (on an intermittent basis).  Steve Lass reported that members excused from the meeting were: Martin Brown, Rob Hinds, III, and Jackie St. Joan.

2.     Katie Hays was welcomed to the Council to fill the vacancy left by the resignation of Chris Hardaway.  Howard Zucker was welcomed to the Council to fill the vacancy created by Dave Johnson=s election to Treasurer.  The other newly elected Council members in attendance were also welcomed.

3.     The Council recognized the passing of Cathy and Rick Lohman, and Roberta Steinhardt, since the last Council meeting.  Reports were made regarding the memorial services for all of them.

4.     The Minutes of the June 20, 2003 Executive Council meeting were approved.

5.     It was agreed that letters needed to go out to the Judges regarding the November Judges= Luncheon. The format for the judges luncheon will be determined at the next Executive Committee meeting.

6.     Suggestions for future luncheon topics were discussed, including: Insurance, the Awaiting period,@ Rule 16.3 and the Simplified Divorce process, and Expert Witnesses.

7.     The publishing date for the Fall newsletter will be postponed in order to allow Lesleigh Monahan and Steve Lass time to write some additional submissions.

8.     All new members of the Executive Council were added to the list of mentors. Steve Epstein and Tim Mehrtens will take over matching mentors to mentees.

9.     Steve Lass reported on current and upcoming judicial assignments.  There was discussion regarding possible complaints about judicial performance.  It was agreed that Section action regarding any judicial officer can only be contemplated after detailed reports that can be supported.  In that event, reports should be forwarded to the Executive Committee.  There was also discussion about what, if any, involvement the Family Law Section Officers should have in judicial issues or assignments.  (Angie Arkin was not on the phone for the discussion regarding judicial officers).

 10. The Section has been approached about expanding its involvement in providing legal services to those in need.  The former Lend-a-Lawyer program, wherein large firms were asked to underwrite an associate to service rural areas, is no longer in effect.  The Section=s Aflying squads@ have not received a good response from members.  Lesleigh Monahan, Gina Weitzenkorn and Frank Plaut will be meeting and report back on what the Section might be able to do. 

11.  Steve Lass reported that Bill Hunnicutt, who had been on the Standing Committee of Supreme Court (to implement the AWhite Paper@), has recently resigned from that committee. Bill=s replacement will be named by Justice Mullarkey.  Lesleigh Monahan understands that it will be someone who is a litigator.

12.  Bonnie Schriner reported that there are no pending grant requests.  David Litmann reported that the $1500 grant awarded to CASA last year is being used at the upcoming  CASA training.

13.  Bonnie Schriner reported on discussions with Arnie Schwartz of CCOMO regarding the Section=s support of the Attorney-Mediator Dialogue.  Historically, $1,000 to $1,500 has been provided by the Section by way of  printing and postage for the 2 mailings. A  Motion was made to do what we have done in the past on mailings,  if asked. The Motion was seconded and passed.  David Littman is the Section Liaison with CCOMO for the Attorney-Mediator Dialogue.

14.  Bonnie Schriner reported on the telephone conferencing for the luncheons: David Johnson has found a Apoint of contact@ (APOC@) in Colorado Springs.  Melinda Taylor will be putting the instructions for telephone conferencing on the judicial list serve.  The luncheon committee will be responsible for lining up POC=s in the various locations.  The Proposed Policy on Telephone Conferencing was discussed.  During the discussion, it was agreed that the cost for FLS members would be $10.00; the cost for non-FLS members would be $15.00; and there would be no cost for judicial officers.  A Motion was made to adopt the proposed policy with those costs.  The Motion was seconded and passed.  The Section recognized and thanked Bonnie Schriner and Melissa McClerkin for their efforts to establish the telephone conferencing.

15.  Fran Fontana reported on the Brown Bag luncheon with ALJ Keithly.  Judge Arkin commented that Judges receive e-mails regarding any disciplinary action. 

16.  Dave Johnson gave the Treasurer=s report and reported that the bills have been paid. In addition, he reported that today=s luncheon did make a profit. 

17.  Dave Johnson reported that Draft Rules 16.3 and 26.2 are now in front of Supreme Court Civil Rules Committee. The next meeting of that committee is the last Friday in September, and it is anticipated that the draft rules will be addressed at that time.  However, Pam Gagel has reported to Dave that there has been a lot of debate in the Civil Rules Committee on changes  to Rules 16 and 16.1, so the committee  may not get to draft Rules 16.3 and 26.2 at its next committee meeting.  After the Civil Rules Committee takes action on draft Rules 16.3 and 26.2, it is expected that there will be a period of public comment.

18.  Dave Johnson reported that the drafting committee was not able to coordinate new proposed Rule 26.2 (including the revised financial affidavit) with draft Rule 16.3 before the August deadline.  The drafting committee is now in a holding pattern pending action by the Civil Rules Committee.  It was noted that it appears that Justice Kourlis would like to have the new Rules take effect by  January 1, 2004, since new rules can only become effective in January or July.

19.  Lesleigh Monahan suggested that the Section start looking at the proposed Rules immediately, so that we are prepared to address them once the proposed rules come out of the Civil Rules Committee.   If the Section is going to take a position, we need to get on it and act quickly.  The Legislative Committee of the Section, which is co-chaired by Marie Moses and Dick Rotole, will look at the Rules.  In addition, members of the Executive Council are to read the proposed  rules and provide feedback to Marie Moses, Dick Rotole and/or the Officers.

20.  New members of Council are to designate the Section Committees on which they would like to serve.

21.  Richard Zuber and Bonnie Schriner are Co-Chairs of the Family Law Institute. August, 6, 7 and 8 are the earliest dates available.  However, no firm date has been established.  It was agreed to empower Richard Zuber and Bonnie Schriner to determine the most appropriate dates.  A poll was taken of today=s luncheon attendees regarding the location for the Institute - Richard reported the results to be:

18 - 1st choices for Steamboat

19 - 1st choices for  Breckenridge

10 - 2nd choices for Steamboat

10 - 2nd choices for Breckenridge

24.      Marie Moses reported on behalf of the Colorado Lawyer Committee that they have no articles and that articles are needed from all Council members.

25.  A motion was made that flowers be sent to Kim Willoughby to celebrate the birth of her baby boy. The motion was seconded and passed.

26.  Ron Litvak noted that the Section should be recognizing Al Bonin=s enormous contribution over the years. There was a round of thunderous applause.

27.  The meeting was adjourned at approximately 3:10 p.m.