March 19, 2004

Minutes of the Meeting of the Access to Justice Commission

March 19, 2004

The Access to Justice Commission meeting was held at the Colorado Bar Association (CBA) meeting room on March 19, 2004.  Chair David Butler called the meeting to order at 12:10.

Members present included Jon Asher, Darla Benford, David Butler, David Juarez, Meredith McBurney, Sue Parenteau, Connie Talmage, Dan Taubman and JoAnn Vogt.  Present by phone were Bill Alexander. Aaron Clay, and Lynn Sholler.  Also present were Amelia Larsen, Greg Martin, Jo Ann Salazar and Chuck Turner from the CBA, Jim Rooney from Legal Aid Foundation (LAF) and guests Steve Choquette and Joe Dischinger.

1.       The minutes of the January 16, 2004 meeting were approved. 

2.       Chair’s report

The Chair reported he submitted a 2003 year end Report to groups who appointed Commission members to the Access to Justice Commission.  The report can be found on the CBA website at www.cobar.org.  The Chair asked that comments regarding the report be sent to him or Joann Salazar.

Butler reminded the Commission that the National Equal Access to Justice Conference will be held on April 15 –17 in Atlanta.  Commission members Asher, Butler, and McBurney plan to attend.  Also planning to attending from Colorado are Ilene Bloom, Sally Maresh, and JoAnn Salazar.

3.       Presentation on CLE rule change to allow for pro bono credit (Rule 260.8)

Steve Choquette and Joe Dischinger presented information to the Commission on a proposed Supreme Court rule change to allow CLE credit in exchange for pro bono work for a maximum of nine hours per 3 year requirement.  Choquette and Dischinger presented background information on programs from other states,  using the best features from those programs to draft the proposed rule change for Colorado.

Choquette and Dischinger discussed the need exists for more pro bono work as well as the results from other programs, which indicate that the number of pro bono hours reported have increased steadily each year since the inception of these CLE credit for pro bono programs.

The proposal would provide for one CLE general credit for 5 hours of pro bono work with no more than 9 hours per three years.   The proposal requires that an authorized program, such as Metro Volunteer Lawyers or the courts, assign the pro bono case to a participating attorney.  The lawyer would then submit an affidavit to the entity assigning the case.  That entity would then make a recommendation to the awarding board.  The MVL Board approved the proposal with a unanimous resolution.  There has been no firm response from the law schools but Choquette and Dischinger expected a positive response soon.  Choquette and Dischinger reminded the Commission that this is not a mandatory pro bono rule which sets this proposal apart from recent attempts to call for mandatory pro bono. 

The Commission held a lengthy discussion regarding such concerns as when could a lawyer apply for the credit, especially in regard to on-going cases, what is the mechanism to track the outcome and what is the definition of pro bono under this rule change.  There was further discussion regarding the current rule, which promotes professionalism as well as education.  Ultimately, the Commission was satisfied that the change would be consistent with the existing rule but had concerns about the specific language of the rule change 

Asher made a motion with a second from Talmage to support the proposed rule with minor modification.   Choquette and Dischinger agreed to modify the proposal and send to Salazar.  The Commission will be given the opportunity to have members vote by e-mail on the final version. The amended proposed rule change will be sent to Commission members for vote by April 2, 2004.

4.       Presentation on CBA website

Amelia Larsen from the CBA walked the Commission through the CBA website and the Access to Justice section, found under “About the CBA”  then “Bar Sponsored Programs”.  The Access to Justice section includes events, minutes, member list, articles and meetings.  Other suggestions from the Commission included suggestions for more links such as State Judicial and the Supreme Court, information on subcommittee meetings and committee chairs, along with e-mail and contact information for Commission members.

5.       Committees

A.           Pro Bono

The Committee reported several local jurisdictions are forming local ATJ Committees.  Recent contacts with Fort Collins and Larimer County indicate they may have a local ATJ soon..  Alexander is optimistic about the Pueblo program.  Scholler reported Durango is underway and is working on issues related to minorities in the legal system.  The next area targeted for development is the Northeast corner.

B.           Education

Vogt reported that many ideas have been generated from this Committee and they have found many projects already being developed by other groups.  The Education Committee sees a need for the ATJ to function as clearinghouse and stressed the importance of making sure information gets on the website. 

Progress is being made with the loan repayment assistance program.  DU is moving quickly in this respect, with the program already partially funded.  The DU program is set to provide grants to 2004 graduates but will look at funding 2003 grads if funding is available.  A fundraising gala is scheduled for 4/2/04 and is already sold out.  A meeting is scheduled with CU but the Committee does not expected the CU program to be funded in the near future.

C.           Courthouse

The Chair presented a written report from Pam Gagel.  New forms have been developed to elect exclusion for CRCP 16.1.  The Justice for All Commission met to discuss multicultural and gender issues.  No decisions have been made by this Commission.

The Courthouse Committee has been asked to look at issues with regard to mandatory e-filing and the cost associated with filing for law schools and pro bono attorneys.  The Committee is investigating the idea of waivers or a voucher system for pro bono cases.   

D.           Resources Committee

The Committee reported that the $1/2 million funding from the state to CLS for family violence was recently cut, is now back under the state court budget, but expected to be eliminated.  The good new is that Chief Justice Mary Malarkey and the courts identified these funds as high importance.  The Committee attributes this to the meeting with the Chief Justice, the CBA and CLS held in December, as previously reported.