November 2003

Family Law Section Council Meeting - November 21, 2003

   Fran Fontana, FLS Secretary

The meeting was called to Order by Steve Lass, Chair, at 1:30 p.m. In attendance were: Fran Fontana, Secretary; Dave Johnson, Treasurer; Terry Bernuth; Beth Henson; Marie Moses; Esther van Mourik; Denise Mills; Michael F. DiManna; Steve McBride; Robert T. Hinds; Richard Zuber; Bob Malman; Russell Murray; Kathryn Beck; Megan Combs; Dick Rotole; Jackie St. Joan; Steve Epstein; Gina Weitzenkorn; and Deb Anderson.  Steve Lass reported that the following Council members were excused from the meeting:  Joan McWilliams;  Lisa Dailey; Martin Brown;  Lesleigh Monahan; Katie Hays; David Littman; and Bonnie Schriner.

President Steve Lass noted that Past Presidents were inadvertently excluded from the mailing lists for agendas and attachments and apologized.  Copies of the agenda and attachments were distributed to all who did not receive them via e-mail

A motion to approve the Minutes from last meeting was made, seconded and passed.  The Minutes for the September 19, 2003 Executive Council meeting are approved.

Steve Lass introduced two guests to the board:  Tim Henderson and Norma May Isakow from the University of Denver Law School.

Mr. Henderson is the Director of the Career Services Office at the University of Denver Law School.  Mr. Henderson indicated that he has been seeking feedback from the different sections of the Bar Association about how to get students involved with the sections.  Mr. Henderson discussed creating opportunities for students to meet lawyers. 

Mr. Henderson explained that the law school has job listing services free to employers and that both students and alumni can review the job listings and that his office can also collect resumes for employers.  He also discussed the use of academic credit internships available for fall, spring and summer terms, available to any lawyer who has been in practice for five years and is in good standing indicating that only minimal paperwork is involved in having an intern.  Mr. Henderson also reported that $15.00 to $20.00 per hour is the going rate for student law clerks.

Ms. Isakow discussed their big mission for spring semester which was to  interface with sections of the Bar Association at the law school.  She suggested a possible lunch time panel, an afternoon panel session followed by a cheese and wine reception or possibly a full day CLE program with lunch and a wine and cheese reception afterwards.  Ms. Isakow indicated that she would set aside March 30, 2004 as a date for at least a luncheon with a 4 lawyer panel and would wait to hear from us regarding that option, as well as other ways for our section to use the law school and interact with students there. 

Gina Weitzenkorn reported on the possible establishment of a Family Law Section AFlying Squads@ Committee.  Gina reported discussions regarding the Lend-a-Lawyer program, which has gotten away from sending lawyers full time to rural areas, and the Aflying squads,@ which were started in Ft. Morgan and Sterling to assist on designated pro se days in those rural areas.  Gina reported that the Lend-a-Lawyer Board is looking at dissolving or going dormant and is looking at having the flying squads handled by a committee of the Family Law Section.  Gina requested approval for the establishment of a committee to oversee the flying squads and reported that Lesleigh Monahan has agreed to chair the committee.  Gina Weitzenkorn and Pam Gagel would also serve on the committee.  A motion was made to establish the committee as requested.  The motion was seconded and the motion passed. 

Steve Lass reported that the feedback from the format and handling of the judges luncheon was generally positive - with a few complaints about the food. 

Mentoring program - Steve Epstein met with Melissa McClerkin from the bar about the status of the program and indicated that he is waiting to receive the data base from Bob Cooper.  

The Family Law Section web-site is up, but it was reported that it is need of updating and will be updated to include current events. 

It was reported that we may be receiving a grant request from 1st Judicial District CASA program.  We have previously received requests from that program and have been able to provide grant money in the past.

The financial report from the Bar Association was provided as the treasurer=s report.  Dave Johnson indicated that the meals expense was not a negative and he would look into that entry.

Colorado Lawyer - Marie Moses reported that the response to the paper she circulated at the last Executive Council meeting was underwhelming, and that there is still a need for articles to be published in The Colorado Lawyer.  Each Council member is asked to contribute to an article over the next year.

Luncheon topics - It was reported that we were still in need of topics for the February and March lunches.  Possible topics were discussed and it was agreed that one of the luncheons would be on appellate practice.  The luncheon committee will contact JoAnn Vogt and Bob Kapelke from the Court of Appeals about speaking. 

Supreme Court Standing Commission on Families in Colorado Courts - it was noted that Gina Weitzenkorn, Dave Johnson, Leslie Monahan and Barb Salomon are members of the Commission.  Dave Johnson reported that, after the August meeting of the Commission, the rules subcommittee of the Commission re-drafted what had previously been denominated as draft Rules 16.3 and 26.3.  The newly re-drafted, consolidated Rule will be denominated 16.2.  A  lot of the feedback to the previous draft rules has been incorporated into the new draft Rule 16.2.  Dave indicated that the new draft Rule 16.2 would refer to the financial affidavit form previously drafted by Tom Henley, plus a shorter financial affidavit form that is not yet prepared. 

Dave reported that a draft of the new, consolidated draft Rule 16.2 was being considered the Supreme Court Civil Rules Committee this afternoon.  The rules subcommittee of the Commission on Families in the Colorado Courts will meet before the end of the year, after receiving feedback from the Civil Rules Committee, and revise the rule as appropriate.  The re-drafted Rule will be presented back to the full Commission on Families in the Colorado Courts sometime in January.

The Legislative Committee looked at the prior draft version of the new Rules and reported that it was unable to reach clear consensus on whether to support them.  Some members of the Council indicated that they did not believe that the Supreme Court would be particularly responsive to the views of our Section.  It was reported that CBA President Bob Truhlar has indicated that he would be willing to take our comments to Justice Kourlis in a meeting once there is a consensus.

A discussion about the rule changes then took place with Richard Zuber commented that he felt that the concerns about the proposed Rule were well stated in the Resolution passed by the 1st Judicial District Bar Association.  Dick Rotole reported that Justice Kourlis indicted that the 1st Judicial District Resolution had an impact because it came from the Bar.  The Commission has clearly indicated that it is not going to allow the problems in the 18th Judicial District to dictate what the new Rules will look like.  If the Section is going to take a position on the new Rules, it will have to look at the entire state-wide approach.

Michael DiManna reported that several Council members have met with Judge Leopold and that he will be actively involved in trying to work out some of the issues and problems in the 18th Judicial District.

There was further discussion regarding the best way to have input in the anticipated changes in the way in which the Courts handle domestic issues.

The Legislative Committee reported that it has reviewed the proposed protection orders legislation and reported that it would eliminate 14-10-108 - incorporating it under new title 13 statute.  The concern of Committee is that there are certain aspects of 14-10-108 that are not contained in the proposed protection orders bill,  and there was also concern about whether the proposed legislation provides for protection orders in paternity proceedings.  The legislation provides for a 14 day return time as opposed to the current 2 day return. Jackie St. Joan indicated that the proposed legislation is mainly housekeeping and that it is not intended to eliminate the provisions of 14-10-108 that do not pertain to restraining orders.

The Family Law Institute will be held August 6, 7 and 8 in Steamboat Springs.  However, there is still discussion as to whether to start the Friday afternoon session at 1:30 or 3:00.  The planning committee is contemplating a plenary session Friday afternoon; tracks on Saturday; and a judges program on Sunday.  Richard Zuber invites people who are willing to commit to10 minutes on a hot topic to let him know. 

There is a new training facility for NITA in Louisville.  The Officers will be touring the new facility to assess whether the Section might be able to make use of it. 

Each member of the Council received a copy of a very lengthy draft, proposed standard order for all cases with children.  Justice Bender=s Ethics Committee is interested in knowing what the Section thinks about the proposed order.  This will be discussed at the next meeting of the Executive Council.  Dave Johnson reported that a form of this order has been in existence in El Paso County for several years.

The meeting was then adjourned.