November 19, 2004

Minutes of the Meeting of the Access to Justice Commission

November 19, 2004

The Access to Justice Commission meeting was held at the Colorado Bar Association (CBA) meeting room on November 19, 2004.  Chair David Butler called the meeting to order at 12:35.

Members present at the CBA offices were Darla Benford, Dave Butler, Pamela Gagel, Barney Iuppa, Sue Parenteau, Dan Taubman, Connie Talmage JoAnn Vogt and John Zakhem.  Aaron Clay, Meredith McBurney and Lynn Sholler were present by telephone.  Also present were Michelle Miller, Kath Schoen and Chuck Turner from the CBA.

1.       The minutes of the October 1, meeting were approved. 

2.       Chair’s report

The Chair reviewed the meeting schedule for 2005.  The Commission decided to continue meeting every two months with meetings scheduled for the third Friday of the month, beginning in January and following in March, May, July, September and November.  The Chair called our attention to the national Equal Justice Conference in Austin, Texas, scheduled for May 5-7, 2005.

Membership:  The Chair reported that terms have expired for 7 members of the Commission.  David Juarez and Sue Parenteau will rotate off the Commission.  The Commission then adopted the following resolution  RESOLVED that the members of this Commission hereby thank David R. Juarez and Sue Parenteau for their valuable service during the past two years as active contributors to the work of the Commission and for their continuing work in the cause of access to justice in Colorado.

Current members who will be nominated to a three-year term by CBA President Steve Briggs include Bill Alexander, Darla Benford and David Butler.  Nominated for another 3-year appointment by the Colorado Supreme Court is Angie Arkin.  John Zakhem has been recommended for the 3-year term to be appointed by the Colorado Senate President, John Andrews.   One term appointed by the Colorado Lawyer Trust Account Foundation (COLTAF) is open. Elizabeth Steele is recommended for that position.  One term appointed by the CBA is open.  Ilene Bloom is recommended.  Two terms remain open for 2005 from the Governor of Colorado and the Speaker of the House.  The Chair will contact each of the appointing entities requesting an appointment for a 3-year term. 

Officers:  David Butler indicated he would be stepping down as the Chair.  The Commission expresses its sincere appreciation for his past work.  A slate of officers was nominated to include Jo-Ann Vogt as the Chair, Pam Gagel as the Vice Chair and David Butler as the Secretary.  No other nominations were received and the Commission approved the slate of officers for 2005. 

Year-end reports:  The Chair indicated he would prepare and distribute a year end report to each appointing entity and would work with Kath Schoen and Michelle Miller to ensure that a report was published in the Colorado Lawyer.

3.       Resource Committee Report

Meredith McBurney indicated the main efforts of this committee were centered around educating the Colorado legislature with regard to the relatively low level of financial support, as compared to other states of $450,000.  (This funding to for victims of domestic violence has now been eliminated.)  The Commission discussed whether the State Judicial Department had this funding on its radar screen for the future. Doubt was expressed, but Chuck Turner indicated he would be meeting with Judicial and would discuss the line item for legal services funding.

A short discussion was held regarding funding of the ATJ Commission itself, including possible fellowships for law students and AmeriCorps grants.  McBurney indicated the Committee has a good handle on the funding available and that funding is not likely in the near future. 

4.          Courthouse Committee Report

Pam Gagel, Chair of the Courthouse Committee stated that this Committee has functioned as a reporting and information committee.  She asked the Commission to consider if it was time for an expanded role for this committee or to consider joint projects for the Courthouse and Education Committees.  The Commission agreed that there was value in the clearinghouse role but had specific suggestions for the Committee to work toward including issues with regard to:

·      the cost of e-filing for indigent clients and pro bono attorneys

·      the automatic approval by the Courts of In Forma Pauperis motions for any legal service case.

·      a waiver of the cost of interpreters for legal service cases.

The Committee will select a new chair for 2005 and will investigate the use of telephone conferencing for meetings.

5.         Education Committee Report

The Committee reviewed a summary of Education Committee Projects and Proposed Projects prepared and described by Jo Ann Vogt.   The Committee expects to continue its work in several areas to:

·      increase interest in pro bono and public interest work among law students

·      promote interest and involvement in pro bono work among in-house counsel

·      encourage and educate lawyers about providing pro bono representation, specifically promoting the CLE rule allowing lawyers to claim CLE credit for pro bono work and promoting opportunities to attorneys.

Additionally, the Committee will work in the preparation and dissemination of educational materials for pro se litigants, especially in coordination with other committees such as the Pro Bono Committee.  The Committee announced that Ilene Bloom would chair the committee next year. 

6.          Pro Bono Committee Report

The Commission reviewed a summary of the organizational structure of the Pro Bono Committee.  This committee views its role as support for forming local ATJ committees, including being a clearinghouse of information, supported by the CBA.  The CBA agreed to support this role and will develop a template for information as well as create a listserve to disseminate information. The Committee’s plans for 2005 include expanding the Committee with members in other local areas that do not yet have a local ATJ, and using mentors from areas with an existing ATJ. 

A discussion was held regarding the opportunity to link pro bono work and the image of attorneys. The Commission felt a need to publicize the positive contribution of lawyers through pro bono work, both within the profession as well as outside the profession. It was agreed that Diane Hartman from the CBA would be invited to a Commission meeting to discuss concrete steps which could be taken to improve the image and change the culture.             

7.         One topic remained on the agenda and the Chair asked that the Crisis in Delivery of Legal Services to the Poor be moved to the next meeting.  The meeting was adjourned at 3:15.  The next meeting will be held on January 21st at noon at the CBA office.

Respectfully submitted,

Sue Parenteau

Secretary