Executive Council Meeting Minutes -- January 16, 2009

Family Law Section 
Executive Council Meeting Minutes
January 16, 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/or past Presidents attended in person: David Littman, Kathryn Beck, Richard Zuber, Bonnie Schriner, Joan McWilliams, Bob Malman, Bill King, Marie Moses, Terri Harrington, Trish Cooper, Denise Cook, Jennifer Feingold, Robin Beattie, Rob Hinds, Dick Rotole, Brenda Storey, John Eckleberry, Ann Gushurst, Mary Jane Cox, Steve Epstein, Beth Henson, and David Johnson. The following members attended by phone, Kevin Sidel, Kevin Brandt, Deb Anderson. The following members had excused absences: Merdith Patrick Cord, Cynthia Ciancio, and Michael DiManna. Melissa Nicoletti attended in her role as Director of Sections and Committees of the CBA and DBA.

2. APPROVAL OF MINUTES OF NOVEMBER 21 MEETING

The minutes were approved with the corrections as noted:  Joan McWilliams and Deb Anderson had excused absences. The Barb Quade Scholarship fund shall be available to any eligible applicant to assist in paying for any CLE program involving and sponsored by the FLS and not simply to the Family Law Institute.  This would include the Basic Skills seminar.

3. APPROVAL OF TREASURER’S REPORT

The treasurer’s report was approved without change. The report was given by treasurer Brenda Storey and as supplemented by Melissa Nicoletti as the Director of Sections. It was reported that the current ending balance in the FLS treasury is $40,537.04. There are still some additional funds due the FLS this year for 2008.

For 2008 lunches were running at a loss. David wants to table budget until next meeting of the council which may be in March and possibly February. Melissa reported that most of the sections run a deficit for lunches. Some discussion took place concerning raising fees for attending the FLS lunches but no decision made and idea tabled until discussion takes place in a future meeting which addresses the budget. Melissa’s suggested budget report as was handed out showing expenses for years 2005-2006, 2006-2007, was tabled until the meeting which will address the budget for 2008-2009.

4. OFFICER’S REPORTS:
 
(a)   President Littman reported that there have been problems with the external microphones being used for executive council meetings and people not being able to hear who are calling in. David advises that he will call Chuck Turner executive director of the CBA and see if there is anything that can be done to improve the microphones.

David also reported on the CBA/DBA mock trial program for March 2009 event. They are looking for attorneys to serve as judges and scoring panelists. Anyone interested in volunteering for a great experience should do so before February 22, 2009.

(b) Brown Bag lunch update- Brenda Storey has been co-ordinating the Brown bag lunches with the various judicial districts. She has been advised by Judge’s Arkin and Russell that it will be necessary to bifurcate the Arapahoe county lunch from the Douglas county lunch in that not all judges will attend both meetings. The Jefferson county lunch is presently scheduled for February. Katherine Beck volunteers that she will stay in contact with developments in the 1st Judicial District and report anything new in the FLS newsletter. Katherine suggests that the FLS have a member act as a liason for each judicial district to keep the membership current as to any new developments or local rules and not rely solely on the FLS website. ( One example seen recently is that some judicial districts such as Jefferson county are going to allow only e-filing in domestic cases.) Volunteers on the council included Katherine Beck, Ann Gushurst, Bonnie Schriner, Deborah Anderson, Trish Cooper and Rob Hinds. Ann Gushurst reported that the FLS

Newsletter will be out next week and will include minutes from the Brown bag lunches.

(c) BASIC SKILLS SEMINAR
Brenda reports that she will be chairing the February 12-13 Basic Skills seminar. She suggests we offer a $20.00 discount to the February 13, 2009 FLS lunch to those who are attending the basic skills seminar and who are not already section members. THE COUNCIL APPROVED BRENDA’S MOTION FOR NON SECTION MEMBERS TO BE GIVEN THE $20.00 DISCOUNT.

(d) UPDATE ON MVL PROGRAM
David and John continue to encourage participation and the Metro Lawyers application was distributed to all in attendance. Existing case summaries with need for volunteer lawyers can be found on reverse side of application.

(e)  (NUGGETS EVENT AND FLS LUNCH PROGRAM)
Bob Malman was authorized to commit to 50 tickets and a dinner similar to last year in advance of the game. He will try and get a popular game such as Boston or Houston. He suggests we buy the tickets for $100 and sell them for $125. Bob reported that he still needs lunch speakers for the March and April lunches. Terri Harrington volunteers to put on a ENE/ENA program for March. Steve Epstein volunteers to put on the April lunch program which will address the Thornhill case and the issue of discounts, and is the fair value standard dead in valuing businesses. The May lunch program which will address legislation will be presented by Dick Rotole and Marie Moses.
Yvonne Zuber will be presenting on the topic of discovering “ Hidden Assets” at the February 13 lunch program.

(f) DAVID JOHNSON REPORTS AS PRESIDENT ELECT CBA
Dave gave a short report concerning his attending a meeting of the legislative policy committee. David reports that the issue of the 2009 State of Colorado budget and whether there will be enough money to pay any new judges will dominate future discussions of this committee especially in light of the economic recession the country is facing. Michael Valdez, the CBA’s legislative liaison met with the new state representative for the 18th judicial district name whose name is Joe Miklosi. Miklosi believes that Arapahoe county lacks judges with domestic experience. He is interested in providing training for judges hearing domestic cases. David also advised there is a email site called www.robingroom.com  which rates judges. David has concerns about their agenda in light of recent attempts to politicize the judiciary.

(g) FAMILY LAW INSTITUTE 2009
Marie Moses President-Elect and as co-chair of planning the program along with Megan Sher reported that the Family Law Institute seminar will take place again in Breckenridge at the Beaver Run resort on 8/7 thru 8/9. Things are progressing smoothly and her program theme is focusing on Change. She further advised that Richard Zuber is attempting to get “changed” the locale for 2010 program to Steamboat and she hopes that will take place.( It appears this hoped for change will become a reality.)

(h) LEGISLATIVE COMMITTEE
Marie as co-chair of the legislative committee along with Dick Rotole reported on pending SB 69 which seeks to extend civil immunity to parent coordinators on the same theory that immunity was given to court appointed qualified decision makers. Marie’s committee recommends that the FLS take no position on this bill since similarly situated mediators don’t have absolute civil immunity. (At the present time a plaintiff bringing a case against a mediator needs to prove willful and wanton conduct per Joan McWilliams.) Further Marie sees no reason why a parent coordinator without decision making powers needs immunity since no recommendations are being made.

Dick Rotole reported on SB 068 which seeks to raise filing and response fees in dissolution of marriage cases. Dick’s committee recommends that the FLS oppose this bill since we need to draw a line in the sand to make divorce accessible to lower income individual. The argument for raising filing fees is that they are needed to fund domestic abuse and violence services. THE EXECUTIVE COUNCIL VOTED TO OPPOSE THIS BILL.

(i) AMICUS COMMITTEE
Mary Jane Cox as co-chair of this committee (along with Deb Anderson and Steve Epstein) discussed the issue raised in the People v.Gabriesheski case, 2008-C0-0905.81 (westlaw cite), which was a criminal case involving sexual assault on a child. The issue of concern to the Amicus Committee is whether a child has the right to assert some form of evidentiary privilege under 19-3-207(2), 13-90-107(1)(g) or attorney client privilege under CJD 04-06 in a criminal proceeding so as to prevent the disclosure of statements made to the GAL by the child. Certiorari has been applied for but not yet granted. Mary Jane believes that a GAL should be allowed to testify against child’s wishes. The key seems to be the standard under which the GAL is appointed. If the GAL is appointed to express the wishes of the child then perhaps testimony should be allowed. THE EXECUTIVE COUNCIL VOTES FOR AN AMICUS BRIEF IN THE FOREGOING CASE, although the committee voted 2 votes for the brief and one against.

5. Meeting was adjourned at 11:55am.