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November 2006

CBA LITIGATION COUNCIL
November 11, 2006 MEETING MINUTES


LOCATION:  CBA offices, Denver, CO

COUNCIL MEMBERS PRESENT:

In Person: 
   

Chair:  Peter Black
Robert Anderson
Brad Breslau
Megan Brynhildsen
Rich Caschette
Mike Chapman (Secretary)
Doran Matzke
Lorraine Parker
Larry Schoenwald
Mickey Smith
Kim Schutt
                                               
Via Telephone:  Jon Sands

OTHERS PRESENT: Greg Martin; Michael Valdez; Carol Mullins (CBA – CLE)

1.    CALL TO ORDER:  9:00 AM

2.    APPROVAL OF MINUTES:  There were no minutes for the July 2006 meeting. The October 7, 2006 Meeting Minutes were approved by unanimous vote after motion.

3.    FINANCIAL REPORT and ADOPTION OF BUDGET:  Greg Martin presented a financial handout showing the current proposed budget of the Litigation Section, the handout is attached to these minutes.  Greg explained that with the $23,000.00 provided to the Mock Trial program ($10,000 to be given in January 2007) and the Vote No on 40 effort ($13,000 with taxes), there should be about $10,000 left in the budget for another grant. The proposed budget was approved by unanimous vote after motion and discussion.

4.    COMMITTEE AND SUB-COMMITTEE REPORTS:

A.    Supreme Court Civil Rules Committee report:  No report. 
 
B.    Board of Governors.  Michael Valdez reported on the Phil Shave program made at the most recent Board of Governors meeting on the future practice of law, with comments that state boundaries will be less important and paralegals and assistants will be doing more.  Michael also reported on the proposal for two additional court of appeals panels and the more receptive and supportive nature of the Colorado legislature toward State judicial.  

C.    Professionalism Sub-Committee.  Jon Sands and Robert Anderson reported that work continues on the video project and that Holland & Hart has stated an interest in donating the use of their facilities and expertise in putting videos together.  Currently, old transcripts are being reviewed and they are looking for ideas for specific  vignettes.  Numerous ideas for vignettes were discussed in an effort to address topics of concern previously expressed by John Gleason.

D.    Securities Sub-Section.  Rich Caschette reported that this subsection had not been active since his last report.

E.    Appellate Practice Sub-Committee.  Carol Mullins reported that the recent full-day Federal Court program by Andy Lowe had approximately 97 attendees and was “first class” in every respect, with a video of the program to be made available.

F.    Section Newsletter.  Kim Schutt discussed ways in which the newsletter could be spiffed up.  This effort will continue recognizing cost and email limitations. 

5.    LEGISLATIVE UPDATE.  Michael Valdez mentioned a few times (maybe 30 or so) that the VOTE NO 40 campaign was successful.  Michael also reported on the new make-up of the Colorado legislature after the election and suggested that we again see  “peer review” legislation regarding judges.

6.    OLD BUSINESS.

A.    Update on the VOTE NO 40 campaign.  Michael and Greg reported on the cooperative effort by all CBA sections and the legal community in defeating the proposed amendment.  Council members recognized the hard work performed by Greg, Mike and CBA personnel in this regard.

B.    Follow-up with Jerry Marroney, State Judicial.   Mike and Greg will follow-up on Mr. Marroney’s desire to have the CBA members notified of his availability and desire to hear from attorneys experiencing delays and problems in the disposition of civil matters.

C.    CLE 2007 Trial Skills with NITA update.  Carol Mullins reported on the current work in preparing CLE programs, including an appellate program, criminal law pointers, ethics revues and the continuation of the Litigation Bootcamp in year 2008.

D.    CRCP Rule 26 Disclosure Requirements Survey.  Greg Martin stated that the survey should be completed by our next meeting.

E.    Revisions to Deadman Statute.  The Council’s recommendation to the Trust and Estate section was previously given by Lorraine Parker.

F.    Follow-up on Preemptory challenges.  Jon Sands, Michael Valdez and Peter Goldstein will review the issues presented by a judge requiring parties to exercise their first peremptory challenge on the first six jurors and CRCP Rule 47 to determine if the issue will presented to the Rules Committee and/or State judicial.

G.    Litigator’s Handbook.  Greg Martin will follow-up to review technical issues involved with the judges updating their information.

H.    Speakers for upcoming meetings.  Greg will follow-up in having someone from the State Judicial Performance Commission at the next meeting.

8.    NEW BUSINESS. None.

9.     ADJOURNED.   11:15 AM  -- Next Meeting – January 6, 2007 at CBA offices, 9:00 AM.

Prepared by:

/s/ Michael Chapman                   
for Michael Chapman, Secretary


Approved:   _________________________
            (date)