Executive Council Meeting Minutes -- February 13, 2009

Family Law Section 
Executive Council Meeting Minutes
February 13, 2009

(Prepared by Richard Zuber Secretary)

1. CALL TO ORDER

The meeting was called to order by President David Littman. The following council members of the FLS, Officers, and past Presidents attended in person:  Kathryn Beck, David Littman, Michael DiManna, Mary Jane Cox, Richard Zuber, Trish Cooper, Meredith Patrick Cord, Ann Gushurst, Rob Hinds, Jennifer Feingold, Cyndy Ciancio, Bill King, Dick Rotole, Terri Harrington, Steve Epstein, Joan McWilliams, John Eckelberry. The following members attended by phone: Jackie St. Joan, Deborah Anderson’s asst. Jennifer, and Bonnie Schriner. The following members had excused absences: Brenda Storey, Marie Moses, Denise Cook, Marc Kaplan, Beth Henson, Deb Anderson, Bob Malman, Carl Graham, Kevin Sidel. Melissa Nicoletti attended in her role as Director of Sections and Committees of the CBA and DBA.

2. APPROVAL OF MINUTES OF JANUARY 16, 2009 MEETING

The minutes of the January 16 meeting were approved however, further discussion was had concerning the Barbara Quade scholarship. Kathryn Beck stated that Barb’s purpose in establishing the Basic Skills Clinic was to encourage lawyers to sign up for the CLE, which is offered at a very affordable rate, and then accept an appointment in a pro  bono case.  Therefore, offering scholarship funds for such a CLE seemed contrary to Barb’s purpose.  Dave felt that Brenda should be present for any further discussion as Brenda had coordinated this years’ program, and, the scholarship information was included in the brochure.  David hopes to address and resolve this issue at the March meeting.

3.  TREASURER’S REPORT

In Brenda’s absence Melissa Nicoletti gave the treasurer’s report. There is currently a $40,379.23 balance in the FLS treasury. The council approved the treasurer’s report. In light of Brenda Storey’s absence due to the Basic Skills program the issue of next years budget will be postponed to the March meeting.

4.  OFFICER’S AND COMMITTEE REPORTS

A. Barrister’s Ball Committee    

David recommended that the council approve a $3000 expenditure to purchase a table for the Ball. Council approves the expenditure. Seats at the table will be determined by lottery.  Attorneys who have taken at least one pro bono case will be eligible to win two tickets in the lottery drawing .

B. Update on MVL committee/ Mentoring Committee

John Eckelberry advises that he has personally taken two (2) MVL cases this year. He continues to encourage council members to take pro bono cases. John advises that there is a mentoring dinner at DU on March 12 for past volunteers and newcomers. However anyone can attend the dinner which starts at 6pm at DU. The MVL malpractice insurance covers you should you take a pro bono case. The invitations for the mentoring dinner will be sent to all council members. The CBA is meeting to decide on a training seminar for all would be mentors. It is clear that the large firms are cutting staff and there will be new attorneys who may show an interest in practicing family law. Thus there should be need for mentors for other than new lawyers.

John reports that he has learned that some judges are reported to be encouraging young lawyers who appear in front of them to participate in the FLS, DBA, or CBA mentoring programs. Also the Women’s bar has a mentoring program. FLS membership allows young attorney’s to get a mentor. The March 12 dinner at DU is sponsored by the FLS and other organizations but not Metro Lawyers.

Those interested in attending the dinner should contact John Eckelberry via email at jeckelberry@willoughbylaw.com. John reiterates that the problem has not been getting attorneys to volunteer to mentor but rather getting young attorneys to be mentees.

C. JEFFERSON COUNTY BENCH BAR LUNCH

David reports that he and Brenda Storey met with Judge Randy Arp and other judicial officers of the 1st Judicial District on February 2. Judge Arp advises that effective February 2, the 1st judicial district will be an e-filing only jurisdiction as to domestic cases. Further, to reduce docket delays it has been decided that after the initial status conference 20% of the new case filings will be assigned to other judges on a rotating basis. If lawyers submit a Stipulated case management plan, they should have a Permanent Orders hearing date set through the clerk and that date should be reflected in the plan or within ten (10) days of filing the Plan, you should file your Notice to Set the permanent orders hearing. In addition, when both parties are pro se the initial status conference will be with the court facilitator, when one party is represented, the initial status conference with be with the assigned Magistrate and when both are represented by counsel the initial status conference will be with Judge Arp. Temporary Orders are always heard by the Magistrate and post decree matters are heard by the magistrate except as to matters pertaining to a change of parenting time or relocation. Note: (some of the foregoing was excerpted from the minutes prepared by Brenda Storey.) The next Bench Bar lunch will be with Douglas county judicial officers on February 24.

D. Nuggets Event

The Nuggets event is scheduled for March 9 for the Houston game. The charge will be $135 a ticket which includes dinner. The section will make $25 for each ticket sold.

E. Amicus Committee

Mary Jane Cox as chair of the committee reported that the brief has been started on the case of People v Gabriesheski Court of Appeals No. 07CA1016. The Supreme Court has not as yet granted cert. but is expected to do so shortly. If a brief is prepared incident to the Supreme Court granting cert., then it will be distributed to all members of the council for a vote on whether to submit to the CBA for approval. The issue in this case that is of concern is whether a child can invoke attorney client privilege protection to prevent a GAL from testifying as to matters that might otherwise be in the best interest of the child to disclose. Mary Jane suggests that such a precedent could have similar consequences for attorney special representatives to prevent their testimony. David Littman indicates that he is on the fence as to this case. The issue is whether best interests for a minor should take priority over attorney client confidentiality.

F. Ad Hoc Committee on Family Law Ethics Issues

David is considering appointing an ad hoc committee task force to promulgate ethics rules specific to family law cases. David suggests we may wish to get Justice Bender involved. It should be more than aspirational that family law attorneys should strive to protect children in family law cases. One problem rests with getting the Supreme Court to approve two different sets of ethics rules and Justice Bender could be helpful in circumventing this concern.

G. Legislative Committee

Dick Rotole gave the report of the status of certain bills. First, he discussed SB 68 which we previously voted against which provides for increased filing fees in domestic cases.. This bill is moving forward in the legislature and has been approved by the Judiciary Committee with votes along party lines. Next, Dick spoke again about SB 69 which is designed to extend civil immunity to parent coordinators. Dick advises that this bill has been tabled for further study. Since there is no fiscal impact to this bill it is likely to move forward. 

Also pending is HB 1260 which provides for designated beneficiaries agreements being enforceable. This means that competent adults can enter into agreements which have the other adult named as a designated benefiary. This is an end run around the failed domestic partners/civil union legislation.

The trust and estates section committee also has some concerns about this bill relative to intestacy provisions. There is no fiscal note appended to bill.

Finally, Dick mentioned that Rep. Levy is expected to be offering a proposed bill that impacts and amends the Uniform Parentage Act.

H. Resource Book

Rob Hinds passed out a form requesting council members to suggest experts they have used and can recommend. Expected publication date early April.

I. Judge’s Bench Book

David expects publication in the next few months

J. Colorado Judicial District Update Information Committee

Kathryn Beck reports that all attorneys have been assigned to update the council and the FLS on any new developments in each of the 22 judicial districts in the state.

K. Nominating Committee

Kathryn Beck encourages council members to consider running for the Treasurer’s position. John Eckelberry is interested in running for the position.

L. Newsletter Committee

Ann Gushurst suggests that the newsletter be published every other month. She is looking for articles and will use Harhai’s web site to solicit articles.

M. Secretary’s Report

Richard Zuber advises that he had lunch with Gary Abrams of CLE and that the site of Steamboat Springs Colorado has been agreed upon for the 2010 FLI. Gary  is still attempting to negotiate a reduced price for the Sheraton hotel. A discussion was had concerning Gary’s fear that young attorneys may not attend due to the cost. Mike DiManna pointed out that we have sufficient funds in our treasury to subsidize any young attorney who cannot afford to attend. Also Gary is seeking a $10,000 contribution from the FLS for CLE.