CBA LITIGATION COUNCIL
JUNE 5, 2010 MEETING MINUTES
LOCATION: CBA offices, Denver
COUNCIL MEMBERS PRESENT:
Vice Chair: Alden Hill
Secretary: Lorraine Parker
Via Phone: Chair: Peter Black; Peter Goldstein
CBA Personnel: Michael Valdez
OTHERS PRESENT: Chief Justice Mary Mullarkey
1. CALL TO ORDER: 9:05 AM
2. APPROVAL OF MINUTES: The May Meeting Minutes were approved.
3. GUEST: CHIEF JUSTICE MARY MULLARKEY. The Judiciary is planning a training session for judges on jury selection. They are having some informal discussions to come up with ways judges can control the process in a less arbitrary manner than strict time limits. Judges complain of a lot of rote questioning by lawyers which bore the jurors. Due to financial constraints, there will not be a judicial conference this year. A national conference in October has many interesting national speakers. Some of the topics deal with listening techniques, procedural due process, how the German courts failed Germany during the holocaust. Jon Sands asked whether there is any discussion of making the peremptory challenge process uniform, as more and more judges are using different techniques and limiting peremptory challenges to a certain groups. Re the demolition of the old building, the mural is painted on asbestos tiles. Unfortunately, given the hazards, it will have to be disposed of in a safe manner. The temporary quarters are comfortable. Her retirement is effective November 30, 2010. She plans to de-stress for awhile. The Judicial Nominating Committee must submit its nominations 30 days from August 2nd. Selection of a new Chief Justice will be by the remaining Justices. Chief Justice Mullarkey will serve as Chief until her retirement.
The third phase of adding 45 more trial judges is in their budget, with 12 new trial judges added in January 2011 (includes 2 judges for Denver, Denver’s first increase in over 20 years), and three more in July 2011 in Jeffco (delayed because they need more time to figure out where to put them). Colorado’s attorney discipline model, which we created, has become a national model. The Judiciary is taking over public access to court files July 1, and e-filing within two years. The Judiciary will use the money generated by the public access fees to pay programmers etc. One reason for the takeover is to automate e-filing for criminal cases and pro se cases, which no vendors were interested in. Will also be extended to small claims.
4. FINANCIAL REPORT. Reviewed.
5. COMMITTEE AND SUB-COMMITTEE REPORTS:
A. Supreme Court Civil Rules Committee. No report.
B. Board of Governors. Discussion of Propositions 101 (will reduce state revenues by $1.2B), Initiatives 60 and 61 will prevent public financing of capital projects and require De-Brucing every four years. CBA will likely be asked to join a broad coalition to fight these measures.
C. Securities Sub-Section. No report.
D. Appellate Practice Sub-section. No report.
E. Class Action Sub-Section. No report.
F. Consumer Law Sub-Section. No report.
G. Section Newsletter. No report.
H. CLE update. No report.
I. Legislative update. Mike Valdez reported that the session ended May 12th.
6. NEW BUSINESS.
a. Council support of survey of 16.1 by the Institute for the Advancement of the American Legal System (IAALS). Pam Gagel contacted Greg Martin regarding circulating a survey to the Litigation Section members; further discussion tabled until we can get more information from Greg.
b. Section sponsorship of Faculty of Federal Advocates CLE program. Peter Black was contacted by David Fogel re a well-received CLE program put on in Phoenix on Managing the Cost of Litigation in the Big Recession. They are requesting $550 from us to be co-sponsors. Some members raised a concern about sponsoring a CLE that is not within the CBA-CLE ambit. Michael Valdez will discuss the issue with Gary Abrams. If there is no opposition from Gary Abrams, the Council voted unanimously to approve the fund request.
c. New officers. Motion passed unanimously to approve the current officers for another year.
7. OLD BUSINESS.
a. Code of Judicial Conduct. Justice Bender sent the proposed changes back to the legal community for input.
8. FUTURE DATES AND SPEAKERS: No meetings in July and August; the September meeting will be the second Saturday in September, the 11th; October 9, November 6, and December 4. Rebecca Kourlis and Pam Gagel suggested by Greg Martin. The Council discussed bringing in several district court judges to discuss some of the increasing tension between civil litigators and the civil trial bench. Michael Valdez will put together a proposed agenda; once we finalize it he will invite several judges to come speak with us in October. Suggestions: Judges Tina Habas, Brooke Jackson, John Wheeler, Chris Cross, Terry Ruckriegle, Thomas Ensor.
9. ADJOURNED at 11:10 a.m. Next meeting to be September 11, 2010 at CBA offices, at 9:00 AM.
/s/ Lorraine Parker
Lorraine Parker, Secretary