State
Bar
Association
Assembly
The meeting was called to order at 12:30 p.m. Thursday,
April 29, 2010, at the
President-Elect
I. Presentations
Special Recognition:
Becker Awards. The Bernard Becker Legal Services Staff award was given to Judy Hollie,
legal secretary at Central Minnesota Legal Services and Ron Elwood, staff
attorney at Legal Services Advocacy Project. The Bernard P. Becker Volunteer
Law Student award was presented to Sanjee
Weliwitigoda, student at William Mitchell College of Law.
Graven Award. Richard Beens presented the David Graven Public Service Award to George
Latimer.
II. President’s Report
President Brisbois reported on several items of
interest to Assembly members:
· Acknowledged the work of MSBA officers and staff for
their work in transitioning to a new acting treasurer of the association due to
the resignation of the treasurer in December 2009.
· Recognized a very successful year for the Mock Trial
Program, overseen by
· Recognized the new position of Government Relations
Director at the MSBA, which has been filled by
· Two new certification programs have been implemented
in Criminal Law and Labor and Employment Law;
· Highlighted the work to implement the new Nine Days in
June convention; and
· President Brisbois praised the work of Assembly
committees, and noted recent activities by numerous MSBA sections and
committees.
III. Executive Director’s Report
Executive Director
IV. Treasurer’s Report
Acting Treasurer Brent Routman directed attention to
materials distributed before the meeting and presented an overview of the
current budget. The MSBA is currently at a slight 1.6% downward overall budget variance
from last year’s budget.
V. Consent Calendar
President-Elect Votel presented the following two
items:
A. Approval
of minutes of the December 11, 2009 meeting
B. Action on the Recommendation of the
President-Elect Votel called for a motion to approve
the Consent Calendar. The motion carried.
VI. Additional
Agenda Items
A. Action on a motion to authorize
consideration of items on this agenda that were not included in the original
notice and purpose of the Assembly meeting. President-Elect Votel called for a
motion to approve the additional agenda items. The motion carried.
VII. Reports
A. Charles
Glasrud provided information about the Minnesota County Attorneys Association.
B. President-Elect
Votel presented information on the new Nine Days in June Convention;
C. Acting Treasurer
Brent Routman presented information on LawPAC.
D. Lloyd
Grooms provided an update on the judicial elections legislative priority of the
MSBA.
VIII.
Judge George Perez, Chair, reported on the committee’s
work and brought forward nominations for various boards and committees.
A. Action on the Recommendation
that the Assembly nominate Tim O’Brien,
B. Action on the Recommendation
that the Assembly nominate Glen Jacobsen, Renville County, and Michael
Schechter, Dakota County, to the State Board of Continuing Legal Education.
C. Action on the Recommendation
that the Assembly nominate Nicholas Slade,
D. Action on the Recommendation
that the Assembly elect Carol Klaphake, Stearns County, and Patrick O’Donnell,
Wright County, to the Central Minnesota Legal Services Board
E. Action on the Recommendation
that the Assembly elect John Dornik, Hennepin County, Jon Duckstad, Ramsey
County, Juan Hoyos, Ramsey County, and Brent Routman, Hennepin County to the
ABA House of Delegates.
President-Elect Votel called
for a vote on the recommendations contained in items A through E. Items A-E were
approved.
VIII.
Committee Chair Mary Ward presented the following
recommendations:
A. Action on the Recommendation of the
Committee regarding the LAD Committee proposal Regarding Creation of an Emeritus Category in the Rules of the
Supreme Court on Lawyer Registration.
President-Elect
Votel called for a vote on the recommendation, and the recommendation carried
with Justice Lorie Gildea abstaining.
B. Action on the Recommendation of the
Committee regarding the request of the Rules of Professional Conduct Committee
that the MSBA file a joint petition
with the Lawyers Professional Responsibility Board to the Minnesota Supreme
Court proposing changes to Minnesota Rules of Professional Conduct 1.5 and 1.15
regarding “nonrefundable” fees. .
President-Elect
Votel called for a vote on the recommendation, and the recommendation carried
with Justice Lorie Gildea abstaining.
IX.
Committee Chair Fred Finch reported on the work of the
committee, which is working on the revision of the bylaws in relation to amicus
briefs or legislative positions; working on amendments to bylaws regarding officer
succession; and looking at the issue of the selection of directors for
Minnesota CLE.
X.
Committee Chair Susan Holden reported on the work of
the committee. The committee is working on a “Day at the Capitol” event for lawyers.
It is in early planning and the event would not occur, if it does, until 2011.
Ms. Holden reported on the recommendation to continue the
MSBA resolution known as Legislative Position No. 5. The resolution sunsets and
the committee is recommending that the resolution continue.
Resolved:
that the
President-Elect Votel called for a vote on the
recommendation and the recommendation was approved, with Justice Lorie Gildea
and Judge Edward Toussaint abstaining.
Bryan Lake provided an update on the legislative efforts
of the MSBA, reporting that five of the seven section bills have passed,
including bills from the Tax Section; ADR Section -- signed by Governor;
Probate Section bill passed both the House and Senate and is going to
conference committee; Real Property Section had three bills, one related to
CIP, mortgage registration tax, and update to CIO Act; Family Law Section’s
bill on reproductive technology is ready for floor votes in both chambers; and
Business Law Section’s bill has been signed by Governor Pawlenty.
XI.
Treasurer Brent Routman, Chair, reported on the work
of the committee and the following recommendations:
A.
Action on the recommendation
to approve changes in section dues in two sections, as follows:
|
Section |
2009-10 |
2010-11 |
|
Practice Management & Marketing
Law Attorney New
Admittee Student |
$20.00 $0.00 $0.00 |
$25.00 $15.00 $10.00 |
|
Alternative Dispute Resolution Attorney |
$31.00 |
$35.00 |
B.
Action on the
C.
Action on the
D.
Action on the Recommendation
to approve the proposed Budget for 2010-11
E.
Action on the Recommendation
to approve the proposed Minnesota CLE Budget for 2010-11
President-Elect Votel called for separate votes on the
recommendations in Items A-E and, after discussion concerning action on Item B,
each of the items carried.
XII. New Business
There was no new business.
XIII. Announcements
A. Notice of elections (Elections will take
place at the June 25, 2010 meeting of the Assembly.)
1. Nomination of Candidate for MSBA Secretary -- Notice is hereby given
that, pursuant to the MSBA Bylaws, §9.3, the
2. Nomination of the Assembly
Representatives to the
The
. . .
(e) three
representatives from the Assembly elected by the Assembly. The Assembly shall
consider the need to provide for underrepresented groups in the leadership of
the MSBA when electing the representatives on the
The terms of Judge Edward
Cleary, Justice Lorie Gildea, and Judge George Perez expire June 30, 2010; all
have served two terms and are not eligible to serve an additional term. All members of the 2009-10 Assembly are
eligible to submit Qualifications and Interest Statements for these positions.
3. The Assembly, sitting as the members of the Minnesota State Bar Foundation, will elect directors of the
Foundation. The three-year terms of the
following directors expire on June 30, 2010: Ed Blomme,
Ms.
O’Toole-Tomczik, Ms. Prohofsky, Mr. Ruvelson and Ms. Trask are eligible and
interested in serving an additional term.
Mr. Blomme is not interested in serving an additional term. Members
should encourage any eligible Association member who is interested in being
nominated to submit a Qualifications and Interest Statement to the MSBA office
by May 7, 2010.
B. Draft 2010-11 Assembly Meeting Schedule –
Review these proposed dates and contact the MSBA staff with any concerns.
|
Date |
Time |
|
Friday, September 10 – Bar
Leader Conference |
12:00 noon |
|
Friday, December 10 |
12:00 noon |
|
Thursday, April 28 |
12:00 noon |
|
Friday, June 24 |
9:00 a.m. |
C. Future
Meeting
Friday, June 25,
2010 -- 9:00 a.m.
XIV. Adjournment
The session adjourned
at 2:30 p.m.
Respectfully
submitted,
Robert Enger
Secretary