May 23, 2003

The Access to Justice (ATJ) Commission meeting was held at the Colorado Bar Association (CBA) conference room on Friday, May 23rd, 2003. Lunch was provided by the CBA. Chair David Butler called the meeting to order at 12:05

Members present in person were Jon Asher, Darla Benford, Dave Butler, Yolanda Fennick, Hon. Greg Hobbs, Magistrate David Juarez, Meredith McBurney, Rick Mishkin, Sue Parenteau and JoAnn Vogt. Present by telephone were Hon. Angela Arkin, Aaron Clay, Pam Gagel, Hon Barney Iuppa, and Lynne Scholler.

1. The Commission approved the minutes of the March 17, 2003 meeting.

2. Chair’s report

   1. The Chair reported the Governor has yet to appoint a member to the ATJ Commission but would be encouraged to do so.

   2. Butler commented on the recent 5/4 decision by the Supreme Court regarding IOLTA funds. Butler cautioned that there are still issues which could affect IOLTA programs in the future.

3. Report on IOLTA litigation

   Asher stated that the recent Supreme Court decision upheld the use of income generated by lawyers’ trust accounts to pay for legal services. The Court reviewed whether such use constitutes a taking without just compensation by the State. The Supreme Court determined that no compensation was due. The Court did not decide the 1st Amendment challenge, but Asher expects it will be raised. Asher expressed that he was cautiously optimistic about a decision on the 1st Amendment issue.

    

4. Report on LSC grants related to technology.

   Asher reported on Colorado Legal Services (CLS) effort to secure 4 separate grants from Legal Services Corporation’s Technology Initiative Grant program.

1. The 1^st grant would continue and maintain the Website Coordinator for 2003-2005. The request is for $12,500 for each of 2 years.

2. The 2^nd grant would support the I-CAN! E-file project in cooperation with the Colorado State Judicial. A pilot project is planned to begin in 3 courthouses including Larimer, Colorado Springs and one from the metro Denver area.

3. The 3^rd grant would fund a project to integrate the CLS intake system. This initiative would provide for centralized intake, a hotline service and allow the program to run immediate conflict checks on a statewide basis.

4. The 4^th application, which Asher termed the most important but the least likely to be funded, is the Statewide Technology Advocate. This grant requests $125,000 over 2 years to fund a position which would make technology more accessible to CLS, its clients as well as to other non-profits and public agencies

CLS expects to hear about the grants in September. If awarded, the initiatives would become effective in October.

Butler reported he sent a letter of support from the ATJ Commission for the 4 proposals. The E-fling initiative generated considerable discussion among Commission members who expressed that while the area is ripe for innovation, problems still exist, especially with regard to pro se litigants. Several judicial districts are already using e-filing exclusively. One concern is that some filings have been "bouncing", causing problems with jurisdictional issues and deadlines.

5. Report on the April 11^th, 2003 meeting of Chairs of ATJ Commissions in Portland OR.

   Vogt reported on the many ways other states are supporting access to justice efforts including:

   • a free CD with information on 10 basic areas of law of interest to pro bono attorneys. The CD includes standard forms and pleadings.

   • CLE credit for pro bono. TN offers 1 CLE credit for every 8 hours of pro bono. Many other states offer reduced cost CLE for pro bono attorneys.

   • in NH Bar leaders held a telephone marathon, personally calling lawyers who have not taken a pro bono case in the last 12 months.

   • TN held a formal lunch with the Supreme Court for large firms. A challenge was issued for a greater % of participation.

   • NH offers mentors to pro bono attorneys

   • TN law students who perform pro bono work, are recognized at graduation with a gold band and inducted into the "Order of the Samaritans"

   • public honor rolls for pro bono lawyers and law students.

   • Bar newsletter articles feature interesting pro bono cases.

   • PA has an "Emeritus Program", which waives the license fee for retired lawyers doing pro bono and offers free CLE to those attorneys

   • MN has a strong legislative component which funds legal services programs, linking results to saving money (i.e keeping people from becoming homeless).

   • IL uses money from the tobacco settlement to fund legal services and IOLTA programs

   The Commission recognized that some of these efforts are in place in Colorado. Arkin expressed concern about waiving CLE in exchange for pro bono, indicating that she would oppose the suggestion that attorneys be required to take fewer hours of CLE.

   McBurney mentioned a recent study by 2 Arkansas economists who found that access to legal services is the only proven way to reduce domestic violence. McBurney commented that this is both an exciting discovery and valuable that someone outside the legal system would study this issue.

6. Committee Reports

   1. Courthouse Committee

      The Committee has not met but is communicating by e-mail regarding several issues. Fewer resources are wreaking havoc with the system. A discussion was held regarding the schedule of CBA Presidential visits. The Commission decided that a ATJ Commission member would attend each upcoming visit to discuss the role of the Commission and encourage the formation of local ATJ Committees. A Commission member was assigned to attend each Presidential visit.

   2. Education Committee

      The Committee has met twice and is reviewing what is already in existence to avoid duplication of efforts. Minutes from those meeting were made available to the Commission. The Committee suggested a master calendar for all programs. The CBA pledged technical support for the calendar.

   3. Pro Bono

      Aaron Clay reported the Committee met by telephone and he hopes to have 6 (out of a possible 22) local ATJ Committees formed by the next Committee meeting in July.

   4. Resources Committee

      No report.

   The Chair requested that Committees send minutes of their meetings to the Commission for review by the full Commission in order to facilitate our discussions and work collaboratively.

7. The next meeting date was changed from Friday August 1^st to Thursday July 31^st at noon at the CBA offices. The following meeting will be held Friday September 26^th, 2003.

8. The chair adjourned the meeting at 1:35.