Minnesota
State Bar
Association

Board of Governors and
General Assembly
Minutes
1999-2000 Bar Year

Scroll or jump to the minutes of these sessions:

Proceedings:
General Assembly

President Wood Foster convened the MSBA House of Delegates and General Assembly at 2:35 p.m. on June 23, 2000, at the Duluth Entertainment Convention Center. He asked delegates to observe a moment of silence for attorneys who had passed away during the previous year, then turned to the published business agenda.

State of the MSBA
In his annual address, President Foster described his term -- as well as the coming years -- as a time of rapid and profound change in the profession. The MSBA and its district bar associations provide the best vehicle for shaping that change, he said, and he expressed thanks to delegates for their participation.

Lawyers Concerned for Lawyers
President Foster recognized F. Emil Jalonen for an update on a joint petition by the MSBA and Lawyers Concerned for Lawyers to establish a Lawyers Assistance Program. The Supreme Court petition, which followed a study and recommendation by the MSBA Life and the Law Committee's Depression Task Force, called for an $8 increase in annual attorney registration fees to fund the program. The Minnesota Supreme Court approved the petition in April 2000.

Passing score required of bar examination
President-Elect Kent Gernander recognized Juan Hoyos, president of the Minnesota Hispanic Bar Association, who appeared on behalf of the New Lawyers Section and the following minority bar associations: Minnesota American Indian Bar Association, Minnesota Association of Black Lawyers, Minnesota Hispanic Bar Association, and National Asian Pacific American Bar Association-Minnesota Chapter.
Mr. Hoyos made a brief presentation on the proposed increase in the passing score on the Minnesota Bar Exam, then presented the following recommendation:

Resolved that the MSBA oppose increasing the score required to pass the bar examination because it has not been demonstrated that increasing the score will increase competency of Minnesota lawyers and because the increase may disproportionately impact persons of color who sit for the bar exam.

President-Elect Gernander also recognized Scott Swanson, a public defender who has tutored law graduates preparing to retake the exam, and Hamline Law School Dean Ed Butterfoss, both of whom spoke in favor of the recommendation. Dean Butterfoss noted that he was appearing on behalf of all of Minnesota's law school deans.
A motion was made and seconded to approve the recommendation.
President-Elect Gernander then recognized Margaret Corneille, executive director of the State Board of Law Examiners. Ms. Corneille indicated that she was appearing on behalf of the board to provide background on its original recommendation to increase the passing score, and not in response to the recommendation before the General Assembly. She summarized the evaluation and public hearings leading to the board's recommendation to increase the score from 260 to 270. Following these presentations and discussion by the General Assembly, the question was called on the motion to approve the recommendation. The motion carried.

Fair Response Committee
Fair Response Committee Chair Marcy Wallace described the work of this Committee, which was modeled in part after an ABA initiative to respond to unfair criticisms of judges. Ms. Wallace presented a statement drafted by the Committee in support of Chief Justice Kathleen Blatz, who had been criticized recently in a public flyer. The Committee's response, which was distributed to the media and posted on the MSBA's website, was intended to protect the independence of the judiciary and to inform the public.

Ms. Wallace then introduced Minnesota Sen. Ember Reichgott Junge, who presented a resolution regarding the endorsement of judicial candidates by political parties. The resolution, which was distributed by handout at the General Assembly, included the following language:

Resolved, that the Minnesota State Bar Association opposes political party endorsement of candidates for election to judicial office in this state, and views the endorsements as a significant threat to judicial independence and impartiality and to public confidence in the integrity of the judicial system.

This resolution shall be forwarded to the chairs of all registered political parties in the state of Minnesota, to the chief judges of the Supreme Court, the Court of Appeals, and each judicial district, to each of the elected constitutional officers of the state of Minnesota, and to the leaders of the Minnesota House of Representatives and Minnesota Senate.

A motion was made and seconded to approve this recommendation. Burt McKasy and former Chief Justice Sandy Keith spoke in support of the motion. Following discussion, the motion carried.

Report and Recommendations of the MSBA Task Force on Multidisciplinary Practice
President Foster recognized U.S. Magistrate Judge Arthur Boylan and Rebecca Egge Moos, who cochaired the MSBA Task Force on Multidisciplinary Practice. The two cochairs provided background on the work of the Task Force, as well as a national dialogue on MDPs stemming in part from reports and actions issued by the ABA.
A motion was then made and seconded to approve the Task Force report as contained in the May/June 2000 issue of Bench & Bar and in the General Assembly meeting materials.

Discussion then turned to a proposed four-part amendment to the resolution, which was distributed by handout prior to the meeting. The first part of the amendment was to change the heading of paragraph 3. Parts two and three of the amendment were to strike paragraph 3b, which called for majority ownership by licensed attorneys, practicing within the MDP, who would exercise independence in the rendering of legal services, replacing the text with a new paragraph 3b. The new paragraph 3b would require MDP entities to have an Ethical Committee comprised of practicing lawyers; the proposed new language described the authority of that committee as well as a nonretaliation policy. A motion was made and seconded to approve parts one-three of this proposed amendment. The motion failed.

Discussion then turned to part four of the proposed amendment, which was to add a clause to paragraph 3d. A motion was made, seconded, and carried to adopt this amendment to the Task Force recommendation.

President Foster then recognized Minneapolis attorney Phil Cole, who presented a substitute motion available by handout to delegates. Mr. Cole's substitute motion called for the establishment of the "Independent Profession of the Law," which would be identified in statute and rule as the exclusive professional entity for the practice of law.
It was moved and seconded to approve Mr. Cole's substitute motion. Following discussion, the motion failed.
A second substitute motion was then offered. This motion was to strike the report and recommendation contained in the main motion as amended, substituting it instead with an MSBA-endorsed definition of the practice of law. A motion was made and seconded to approve this substitute motion. Following discussion, the motion failed.
President Foster then called the main question, which was to adopt the Task Force report and recommendations as presented in the meeting materials and as amended at paragraph 3d. The motion carried.
The complete recommendation is not reprinted here for reasons of space. The final form of the report and recommendations, as approved by the General Assembly, appears on the MSBA website, and is linked to the online presentation of these minutes.

MSBA Bylaw Change
President Foster recognized Tom Roe, who presented a proposed amendment to the MSBA bylaws affecting the size of the House of Delegates. The amendment, recommended by the Board of Governors, proposed changing the composition of the House, reducing that body in size in order to provide for more effective and efficient decision-making. A motion was made and seconded to approve the amendment as contained in the meeting materials.
Following discussion, a motion was then made and seconded to postpone consideration of the proposed amendment. That motion failed.

A new motion was then made and seconded to increase the minimum number of delegates in each district to five, with one additional delegate for every additional 225 members. The motion failed. President Foster then called for a vote on the main motion. The motion failed.

Adjournment
The meeting adjourned at 5:45 p.m.


Board of Governors
June 23, 2000

Pursuant to notice, a regular meeting of the Board of Governors of the Minnesota State Bar Association was held on June 23, 2000, commencing at 1:40 p.m. at the Duluth Entertainment Convention Center. President Wood Foster presided. Secretary Jon Duckstad served as secretary.

Prior to the meeting, President Foster recognized Bar Foundation President Judy Oakes, who called to order the members of the Board of Governors sitting as members of the Minnesota State Bar Foundation.

Ms. Oakes presented highlights of the Bar Foundation annual report as it appeared in the meeting materials and subsequent handouts. She then directed attention to an election announcement appearing in the official meeting materials. Six individuals had filed Qualifications and Interest Statements for the five seats as directors of the Bar Foundation: Juan Hoyos, Patrick J. Leary (incumbent), Herman J. Ratelle (incumbent), the Hon. Joanne M. Smith, Phyllis Karasov, and Rosanne Nathanson (incumbent).

Ballots were then distributed to the Board, and Ms. Oakes adjourned the meeting of the Bar Foundation. Later in the meeting, President Foster announced that the following individuals had been elected to three-year terms as directors of the Bar Foundation, effective July 1, 2000:

· Juan Hoyos, St. Paul
· Patrick J. Leary, Marshall
· Rosanne Nathanson, Minneapolis
· Herman J. Ratelle, Minneapolis
· Judge Joanne M. Smith, St. Paul

President Foster then convened the regular session of the Board of Governors.

1. ROUTINE BUSINESS
1.01 Roll Call

See attached report.

1.02 Approval of minutes of the April 15, 2000 meeting
A motion was made, seconded, and carried to approve these minutes.

1.03 Treasurer's Report
Treasurer Jarvis Jones presented the report as it appeared in the official meeting materials. A motion was made, seconded, and carried to approve the report.

1.04 President's Report
President Foster presented certificates to all members of the Board of Governors whose terms were to expire with the end of the 1999-2000 bar year. He thanked members of the Board for attending the convention and for their service throughout the year.

2. ACTION CALENDAR
2.01 Election of officers of the Association for fiscal year 2000-01

President Foster directed attention to the three candidates appearing in the official meeting materials. A motion was made and seconded to close nominations and elect these three individuals. The motion carried, and Mr. Foster announced the following officers for 2000-01:

· President-Elect: Jarvis Jones
· Treasurer: Jon Duckstad
· Secretary: James Baillie

2.02 Election of at-large members to the Executive Committee
The incumbents for the Hennepin County and Ramsey County seats had both filed Qualifications and Interest Statements prior to the Board meeting. A motion was made, seconded, and carried to close nominations and declare these candidates elected.

President Foster noted that two individuals had filed Qualifications and Interest Statements for the Outstate seat: Richard Burns and David Stowman. Mr. Stowman addressed the Board briefly, and Steven Reyelts spoke on behalf of Richard Burns. President Foster then called for additional nominations; hearing none, he asked delegates to complete their ballots for this contested Outstate seat.

Later in the meeting, President Foster announced the complete slate of at-large positions on the 2000-01 Executive Committee:

· Frederick Finch, Hennepin County
· Barbara Penn, Ramsey County
· Richard Burns, Outstate

2.03 Election of a representative to the Central Minnesota Legal Services Board
Carol Lostetter had filed a Qualifications and Interest Statement for this position prior to the meeting. A motion was made and seconded to close nominations and elect Ms. Lostetter. The motion carried.

2.04
This item was struck from the agenda prior to the meeting.

2.05 Action on the recommendation to refer to the General Assembly any action on the proposal of the State Board of Law Examiners to increase the passing score on the bar exam and to waive the 60-day filing deadline of MSBA Bylaw Section 12.3
President Foster noted that this item, as well as action calendar item 2.06, was to be considered later in the day during floor debate at the General Assembly. He called for a motion by the Board of Governors to refer the recommendation without comment to the General Assembly. A motion to that effect was made, seconded, and carried.

2.06 Action on the recommendation to refer to the General Assembly the Report and Recommendation of the Multidisciplinary Task Force
President Foster called for a motion to refer this report without discussion to the General Assembly. The motion was seconded and carried.

2.07 Action on the recommendations of the Real Property Law Section on proposed changes to the Real Property Title Standards
Lorens Brynestad presented this item on behalf of the Section. He directed attention to the Section's five recommendations as they appeared in the meeting materials, noting that the Section's Governing Council had approved them on June 23. He moved that the standards be approved by the Board of Governors. The motion was seconded and carried.

2.08 Action on the recommendation of the President-Elect regarding the 2000-01 Master Calendar
President-Elect Kent Gernander presented this calendar as it appeared in the meeting materials. He noted that the calendar called for the cancellation of the January midyear session of the House of Delegates. Under the proposed calendar, legislative proposals traditionally approved by the House in January would be considered by the Board of Governors in December 2000. This switch would allow more time for the MSBA to present its initiatives to the Legislature.

A motion was made, seconded, and carried to approve the calendar as presented in the meeting materials.

2.09 Action on the recommendation to refer to the General Assembly any action on the recommendation of the Fair Response Committee regarding endorsement of judicial candidates by political parties and to waive the 60-day filing deadline of MSBA Bylaws Section 12.3
A motion was made, seconded, and carried to refer this item to the General Assembly.

2.10 Ratification of the Executive Committee's action regarding nomination to the State Board of CLE
President Foster reported that the Executive Committee had been notified of a problem with the nomination of Shane Baker as the MSBA nominee to the CLE Board. President Foster reported that a judge was needed to fill the vacancy and that the Hon. Tanya Bransford was selected as the MSBA nominee by the Executive Committee subject to ratification by the Board of Governors. A motion was made, seconded, and carried to ratify the action of the Executive Committee. The MSBA nomination of Shane Baker is for a vacancy occurring June 30, 2001.

3. CONSENT CALENDAR
3.01 Action to approve the recommendations of the President-Elect regarding 2000-01 committees

A motion was made, seconded, and carried to approve these recommendations as they appeared in handouts distributed at the meeting.

4. REPORT CALENDAR
4.01 Notice of nominations and elections

President Foster directed attention to these notices as they appeared in the meeting agenda.

5. NEW BUSINESS
These was no new business.

6. ADJOURNMENT
The meeting adjourned at 2:20 p.m.


 

 Board of Governors
April 15, 2000

Pursuant to notice, a regular meeting of the Board of Governors of the Minnesota State Bar Association was held on Saturday, April 15, 2000, commencing at 9:10 a.m. at the Minnesota Judicial Center in St. Paul. President Wood Foster presided. Secretary Jon Duckstad served as secretary.

1. ROUTINE BUSINESS

1.01 Roll Call
See attached report.

1.02 Approval of minutes of the January 14, 2000 meeting
A motion was made, seconded, and carried to approve these minutes.

1.03 Treasurer’s Report
Treasurer Jarvis Jones presented the report as it appeared in the printed meeting materials. A motion was made and seconded to approve the report. The motion carried.

1.04 President’s Report
President Wood Foster urged Board members to attend the annual convention, and to encourage colleagues to attend as well. He called attention to the work of the Multidisciplinary Task Force, noting that the convention would formulate MSBA policy on the issue of MDPs. President Foster also highlighted special convention tracks focusing on technology, MDPs, and major issues affecting the legal profession.

In his report, President Foster also noted that:

2. ACTION CALENDAR

2.01 Election of representatives to outside boards
President Foster directed attention to the openings appearing in the printed meeting materials. Item (a) in those materials was the only opening for which more than one candidate had filed a Qualifications and Interest Statement prior to the meeting. In light of this, President Foster asked that the Board elect representatives for the openings listed in agenda items b-f.

Separate motions were then made, seconded, and carried to close nominations for each of the openings in agenda items b-f. A subsequent motion was then made, seconded, and carried to elect the following representatives:

President Foster then directed attention to Qualifications and Interest Statements submitted by John S. Watson, Edina, and Warren R. Sagstuen, Minneapolis, for the contested seat on the Client Security Board [agenda item 2.01 (a)]. A motion was made, seconded, and carried to close nominations, after which delegates cast votes by printed ballot.

Later in the meeting, President Foster announced that Mr. Sagstuen had been elected.

2.02 Report and recommendations of the Future of the Convention Committee
President-Elect Kent Gernander presented this report. He reminded Board members that the June 1999 session of the Board of Governors, after hearing a proposal to revise the structure of the annual MSBA convention, had appointed a committee to examine the issue. While that committee had considered several alternatives, Mr. Gernander said that he did not anticipate proposals for major changes.

Mr. Gernander then presented a recommendation that the 2001 convention be held at St. Paul’s RiverCentre. A motion was made and seconded to approve this recommendation. The motion carried.

2.03 Action on the recommendations of the Investment Subcommittee regarding the Investment Policy and Investment Manager Selection
Executive Director Tim Groshens presented highlights from the report appearing in the printed meeting materials. A motion was then made and seconded to adopt the report and recommendations. The motion carried.

2.04 Action on the recommendations of: (a) the Governance and Finance Committee regarding the 2000-2001 budget for the General Fund; and (b) the MCLE Board of Directors regarding the 2000-2001 budget for the MCLE Fund
Treasurer Jarvis Jones directed attention to a General Fund summary appearing in the meeting materials. He noted that the budget was substantially similar to the three-year plan approved by the Board, with approximately $18,000 in reduced expenses. A motion was made, seconded, and carried to approve the General Fund.

President-Elect Kent Gernander then presented the revised budget for the MCLE Fund, which included modest increases in both revenues and expenses. A motion was made, seconded, and carried to approve the MCLE Fund.

2.05 Action on the recommendations of the Insurance for Members Committee, supported by the Executive Committee, that the MSBA endorse the health insurance "Market Basket" option
Tom Atkinson presented the report and recommendations as they appeared in the meeting materials. A motion was made and seconded to approve. The motion carried.

3. REPORT CALENDAR

3.01 Notice of election of three MSBA Executive Committee At-Large Members
President Foster announced that elections would be held at the June convention for three seats on this committee, representing Hennepin County, Ramsey County, and Greater Minnesota. Under MSBA bylaws, only members of the Board of Governors are eligible for these positions.

3.02 Notice of Minnesota State Bar Foundation elections
President Foster announced that the Board of Governors, sitting as the members of Minnesota State Bar Foundation, would elect five directors. Descriptions of these meetings appeared in the meeting materials.

4. CONSENT CALENDAR

5. NEW BUSINESS

5.01 For information only, the draft Master Calendar for 2000-2001

5.02 Report by the Legal Education and Admissions Committee
President Foster recognized committee cochairs Barb D’Aquila and Bob Langford for a report. Among its other duties, the committee had examined a proposal to increase the minimum passing score on the Minnesota bar exam by ten points over five years. While the committee itself had not taken a vote or a formal stance on this proposal, it did intend to survey MSBA members at the June 2000 convention. Ms. D’Aquila and Mr. Langford asked that the Board share its perspectives as well.

After a discussion of the proposal and its impact, a motion was made and seconded calling upon the Board of Governors to communicate with appropriate parties its opposition to pending proposals by the State Board of Law Examiners to increase the minimum bar exam score by ten points over five years.

A motion was then made and seconded to table this motion and place the matter on the agenda for the June 2000 convention. President Foster called the question; after uncertainty over a voice vote, he called for a division. The motion to table carried in a 27-22 division vote.

A motion was then made and seconded to ask the Supreme Court not to act on proposals to raise the minimum bar exam score until after the MSBA had formulated a position on the issue at the June 2000 convention.

President Foster then called for a short break to allow interested parties to agree on the precise language of the proposed recommendation. After reconvening and hearing an early draft of this recommendation, a friendly amendment was presented to include a date by which MSBA would act, with the suggestion that this action take place during the June 2000 convention. A separate motion was then made and seconded to amend the draft by eliminating language detailing the factors leading to the Board’s recommendation. After discussion, President Foster called the question on this motion to amend. After a close voice vote, the Board called for a division vote. The motion to amend then failed in a 25-21 division vote.

A friendly amendment was then proposed to strike language requesting that the MSBA be permitted time to study the proposal, replacing that section with a listing of the items that the MSBA wished to consider. The maker of the original amendment indicated that she did not consider this to be a friendly amendment.

After additional discussion and redrafting, the following recommendation was presented to the Board:

President Foster then called the question on the main motion as amended, which called for the MSBA to present the above recommendation to the Supreme Court. The motion carried.

6. FUTURE MEETING: June 23, 2000

7. ADJOURNMENT

The meeting adjourned at 11:15 a.m.

 


HOUSE OF DELEGATES
January 14, 2000

President Wood Foster convened the MSBA House Delegates midyear session at 1:55 p.m. January 14, 2000 at the Science Museum of Minnesota in St. Paul.

Before turning to the business agenda, President Foster introduced Ward Bower of Altman Weil, Inc. who discussed the ABA's House of Delegates action on the subject of multidisciplinary practice and ongoing activities regarding MDP since that action was taken. President Foster then recognized Rebecca Egge-Moos, cochair of the MSBA's Multidisciplinary Practice Task Force, who briefly discussed the activities of the task force and noted that it would present a recommendation to the General Assembly at the convention in June.

President Foster recognized Secretary Jon Duckstad, who announced that a quorum was present and that all delegates were certified. Mr. Duckstad then noted that the Rules and Calendar Committee Report as approved by the Executive Committee had been distributed.

President Foster introduced Richard Burns, who extended an invitation to delegates to attend the 2000 MSBA convention which will be held in Duluth June 21-23.

President Foster introduced Lloyd Grooms, MSBA's legislative representative, who provided an overview of the upcoming legislative session.

President Foster then turned to the following action and report items:


PROBATE AND TRUST LAW SECTION
David Shannon, section legislative coordinator, presented the following recommendations on behalf of the section:

A. Recommended the MSBA sponsor proposed change to Minn. Stat. §273.124 - Homestead Determination; special rules.
B. Recommended the MSBA support proposed changes to Minn. Stat. §501A.01 - (House File No. 1098) Uniform Statutory Rule Against Perpetuities.
C. Recommended the MSBA sponsor proposed changes to Minn. Stat. §524.2-513 - Separate Writing Identifying Bequest of Tangible Personal Property.
D. Recommended the MSBA sponsor proposed changes to Minn. Stat. §524.3-1203 - Summary Proceedings.
E. Recommended the MSBA sponsor proposed changes to Minn. Stat. §525.712 and 501B.21 - Appeal Period For Probate and Trust Matters.
F. Recommended the MSBA support proposed changes to Minn. Stat. §500.24 - Corporate and Partnership Farming; Application of Rules to Interests Held in Trust.

A motion was made and seconded to approve recommendations A, B, C, D and E. The motion carried.

A motion was made and seconded to approve recommendation F. Following discussion, the motion failed.

REAL PROPERTY LAW SECTION
Charles Parsons, section legislative coordinator, presented the following recommendations:

A. Recommended the MSBA sponsor proposed changes to Minn. Stat. §272.115, subd. 1 - Certificate of Value.
B. Recommended the MSBA sponsor proposed changes to Minn. Stat. §§514.15, 550.24, 550.25, 581.10 and 580.24 - Junior Lienholder Redemption.

A motion was made and seconded to approve both recommendations. The motion carried.

FAMILY LAW SECTION
Stephen Arnott, section legislative coordinator, presented the following recommendation on behalf of the section:

A. Recommended the MSBA sponsor proposed changes to Minn. Stat. §§518.171, subd.1 and 518.551, subd. 5(b) - Child Support and Medical Insurance Premiums.
B. Recommended the MSBA sponsor the proposed repeal of Minn. Stat. §518.583 - Notice of Capital Gain on Sale of Principal Residence.
C. Recommended the MSBA sponsor proposed changes to Minn. Stat. §542.16 - Notice to Remove.
D. Recommended the MSBA sponsor the proposed repeal of Minn. Stat. §518.147 - Statistical Report Form.
E. Recommended the MSBA sponsor proposed changes to Minn. Stat. §257A - Standby/Temporary Custodian Act.

A motion was made and seconded to approve recommendations B, C and D. The motion carried.

A motion was made and seconded to approve recommendation A. Following discussion, the recommendation was withdrawn.

A motion was made and seconded to support recommendation E. Following discussion, a motion was made and seconded to delete the language "No filing fee shall be required." and insert "The court may require a filing fee on consideration of the parties' circumstances." The motion to amend was approved. The motion, as amended, was approved.

ELDER LAW SECTION
Julian Zweber, section legislative coordinator, presented the following recommendations:

A. Recommended the MSBA oppose proposed changes to Minn. Stat. §514.981, subd.6 - Medical Assistance Lien Term.
B. Recommended the MSBA oppose proposed changes to Minn. Stat. §524.2-215 - Surviving Spouse's Share and Medical Assistance.
C. Recommended the MSBA oppose proposed changes to Minn. Stat. §525.312 - Decree of Descent Rules.

A motion was made and seconded to approve the recommendations. The motion carried.

TAX LAW SECTION AND MINNESOTA INTELLECTUAL PROPERTY LAW ASSOCIATION
Thomas Regan, Tax Law Section council member, and Timothy Czaja, MIPLA board member, presented the following recommendation:

A. Recommended the MSBA support proposed changes to Minn. Stat. §297A.25 - Patent, Trademark and Copyright Documents Remain Exempt from Minnesota Sales Tax.

A motion was made and seconded to support the recommendation. The motion carried.

HUMAN RIGHTS COMMITTEE AND FAMILY LAW SECTION
Stephen Arnott, Family Law Section legislative coordinator, returned to the section's earlier recommendation A with an amendment to leave in language stating: "Cost of Individual or Group Health/ Hospitalization Coverage or an Amount for Actual Medical Expenses."

A motion was made and seconded to approve the recommendation as amended. The motion carried.

Sonja Peterson, Human Rights Committee member, and Stephen Arnott presented the following recommendation:

A. Recommended the MSBA sponsor proposed changes to Minn. Stat. §611A.91 - Cause of Action for Victims of Domestic Abuse

Ms. Peterson noted that the recommendation was supported by the MSBA Human Rights Committee and Family Law Section, as well as Minnesota Women Lawyers. A motion was made and seconded to approve the recommendation. Following discussion, a motion was made to amend the language to include the following statement: "The court may award attorney's fees to the prevailing parties." The amendment was approved. The motion, as amended, was approved.

PROFESSIONALISM COMMITTEE
Leslie Altman and Julius Gernes, committee cochairs, presented the following recommendation on behalf of the Professionalism Committee:

A. Recommended the MSBA adopt a Voluntary Civility Code.

A motion was made and seconded to approve the recommendation. The motion carried.

REPORT OF THE PRO SE IMPLEMENTATION COMMITTEE
Due to time constraints, the cochairs of the Pro Se Implementation Committee delayed their presentation until the General Assembly in June.

MSBA DUES INCREASE
Jarvis Jones and Jon Duckstad, cochairs of the Governance & Finance Committee presented the recommendation of the Board of Governors to authorize a dues increase of $8.00 in each of the fiscal years, 2000-01, 2001-02, and 2002-03 as part of the Association's three-year financial plan.

A motion was made and seconded to approve the Board of Governors recommendation. The motion carried.

MSBA ARTICLES AND BYLAWS AMENDMENT
Tom Roe, chair of the Bylaws Subcommittee, presented the following recommended changes to the MSBA Articles and Bylaws:

A. Change the registered address of the association.

B. Due to the disbanding of Law Advocates, references to it in the bylaws be deleted.

C. Election of the at-large members of the Executive Committee should be held at the last Board of Governors meeting each year, rather than the first.

A motion was made and seconded to adopt the recommended changes. The motion carried.

ADJOURNMENT
A motion to adjourn was made, seconded, and carried. The session adjourned at 4:45 p.m.


Respectfully submitted,

Jon Duckstad, Secretary


Board of Governors
January 14, 2000

Pursuant to notice, a regular meeting of the Board of Governors of the Minnesota State Bar Association was held on Friday, January 14, 2000, commencing at 12:35 p.m. at the Science Museum of Minnesota in St. Paul. President Wood Foster presided. Secretary Jon Duckstad served as secretary.

Prior to beginning the business session, President Foster recognized the presence of MSBA immediate past-president Mark Gehan.

1. Award Presentation
President Wood Foster recognized Richard Beens, who presented the David Graven Public Service Award to Professor Eric Janus in recognition of his career in the law where he has demonstrated a combination of superior legal abilities and a dedication to the importance of public service.

2. Routine Business
2.01 Roll Call
See attached sheet.

2.02 Approval of the minutes of the September 17, 1999 meeting
A motion was made and seconded to approve the minutes as they appeared in the meeting materials. The motion carried.

2.03 Treasurer’s Report
President Foster recognized MSBA Treasurer Jarvis Jones, who presented the Treasurer’s Report as it appeared in the meeting materials.

2.04 President’s Report
President Foster reviewed several items:

At its December meeting, the Executive Committee approved the purchase of a new software system for the Association due to serious flaws in the system currently being used. The cost is approximately $360,000 and it will be paid over two years, largely out of the Association’s reserves.

In December, the MSBA sponsored two petitions before the Supreme Court. The first was to create an expanded LCL program to include depression and other forms of mental illness. The second was in support of the concept of mandatory reporting of pro bono

The MSBA is currently involved as amicus in two lawsuits. The first, RPM v. Kelly, involves a challenge to the judicial code; the MSBA recently filed a second brief in the 8th Circuit. The second case is Baker v. Ploetz, involving the issue of whether lawyer misconduct that is not part of a trial or court proceeding is subject to the statute that provides for treble damages for attorney misconduct in certain cases.

Richard Burns was thanked for his three years of co-chairing the Convention Committee. All Board members are urged to attend the convention and to encourage other members of the legal community to attend as well. Foster reiterated the importance of this meeting and its role in making a commitment to the future of the profession and the Association. He offered to go to any law firm to talk to lawyers about why the Bar Association plays such a key role in the future of the profession.

3.0 Action Calendar
3.01 Action on the three-year plan; and a recommendation to the House of Delegates regarding a dues increase
President Foster introduced Jarvis Jones, co-chair of the Governance & Finance Committee, who introduced Governance & Finance Committee co-chair Jon Duckstad and acknowledged and thanked the committee members present. Jones presented the three-year plan as developed by the Governance & Finance Committee, noting that the Committee worked with four primary goals: (1) to have a balanced budget by the end of the third year; (2) to have an adequate reserve by the end of the third year; (3) to have absolute minimum dues increases; and (4) to look closely at expenses and consider "tightening our belts" a bit. Jones called attention to several items in the three-year plan: first, the fact that the final year of the plan still calls for a $26,000 deficit despite their best efforts to balance the budget completely; second, that dues would increase by $8 each year of the three-year period for all dues categories; and third, the reserve would increase to 29.9% by the end of the third year. In terms of reducing expenses, two programs were affected significantly, LawPAC and SAGE.

President Foster indicated that the Executive Committee voted to recommend approval of the three-year plan with three amendments: first, LawPAC would receive $15,000 each year for the next three years; second, funding for the SAGE program would be in the amount of $8,000 a year for each of the next three years; and third, the $2 per section member charge that sections pay to the MSBA for administrative services would remain in force for the next three years, despite the Governance & Finance Committee’s recommendation to phase out this administrative fee. A motion was made and seconded to approve the three-year plan as amended by the Executive Committee.

A motion was made and seconded to reinstate the proposed phase-out of the $2 administrative fee charged to sections. President Foster noted that absent additional action by this group, the reduced revenues under this plan would need to come out of the reserves, which would reduce the proposed reserve at the end of three years to approximately 27%. (The net economic effect would be a higher deficit at the end of three years due to a reduction in revenues of $54,000.) After discussion, the motion to amend failed. During further discussion of the main motion, a motion was made to strike all funding for LawPAC. For lack of a second, the motion failed. The main motion then carried.

President Foster then noted that a procedural error had occurred earlier in the meeting, the Treasurer’s Report had not been voted upon. A motion was made, seconded and carried to approve Treasurer’s Report subject to the audit report.

3.02 Action on the recommendation of the Fair Response Committee revising the Committee guidelines
President Foster introduced Marcy Wallace, chair of the Fair Response Committee, who recognized committee member Leo Brisbois for his drafting work. Wallace noted that the proposed changes would address a number of substantive areas: (1) stressing that the Committee is an independent body whose charge is not to defend a particular judge but to work on behalf of the public good, (2) the guidelines would be considered guidelines, not rules; (3) administrative law judges would now be covered; and, (4) approval of the Committee’s action by the MSBA President is moved to the front of the process to increase efficiency. Wallace moved the revisions and the motion was seconded. A motion was made and seconded to amend the policy to include: " The Committee will not release confidential information provided to it by the judge over the judge’s objection." The amended motion carried.

3.03 Action on the recommendation of the Bylaws Subcommittee to amend the MSBA Articles and Bylaws
President Foster introduced Tom Roe, who explained the proposed changes: (1) change the registered address of the association, (2) due to the disbanding of Law Advocates, references to it in the bylaws be deleted, and (3) election of the at-large members of the Executive Committee should be held at the last Board of Governors meeting each year, rather than the first. Roe moved that the amendments be approved; the motion was seconded. During discussion, it was noted that the current terms of the at-large members would not need to be shortened. The motion carried.

3.04 Election of LawPAC Trustees
President Foster presented the slate of proposed appointments as presented in the materials for ratification. Upon motion made and seconded, the motion to ratify the appointments carried.

4. Consent Calendar
A motion was made, seconded, and carried to approve the following consent calendar:

4.01 Action on the recommendation of the Public Law Section to amend its bylaws

4.02 Action on the recommendation of the Environmental & Natural Resources Law Section to amend its bylaws

5. Report Calendar
5.01 Notice of nominations/appointments to the following boards:

President Foster asked Board members to take note of the vacancies and urged them to take seriously the task of getting good people to apply so that the best possible appointments are made.

6. New Business
There was no new business.

7. Future Meetings

8. Adjournment

 



Board of Governors
September 17, 1999

 

 

Pursuant to notice, a regular meeting of the Board of Governors of the Minnesota State Bar Association was held on Friday, September 17, 1999, commencing at 1 p.m. at the CLE Conference Center in Minneapolis. President Wood Foster presided. Secretary Jon Duckstad served as secretary.

Before turning to the business agenda, President Foster presided over the presentation of several awards:

President Foster then turned to the following business agenda:

1. Routine Business
1.01 Roll Call

See attached sheet.

1.02 Approval of the minutes of the July 1, 1999 meeting
A motion was made and seconded to approve the minutes as they appeared in the meeting materials. The motion carried.

1.03 Treasurer’s Report
President Foster recognized President-Elect Kent Gernander, who presented the Treasurer’s Report as distributed just prior to the meeting.

Mr. Gernander also presented highlights from the audit report of the MSBA General Fund and the MCLE Fund. Assets of both funds had increased significantly over the previous year, he noted, primarily as a result of the lease termination settlement received from the MSBA’s former landlord. Deficit expenditures appearing in the report were due to a decision by the Board to spend down previous reserves, with the actual deficit smaller than had been projected.

A motion was made and seconded to approve the audit report. The motion carried.

President’s Report
President Foster touched on several items:

2. Action Calendar
2.01 Action on the recommendation of the Bylaws Subcommittee of the Governance and Finance Committee to amend the MSBA Bylaws
President Foster recognized Tom Roe, chair of the Bylaws Subcommittee, for highlights of this report as it appeared in the meeting materials. The amendments would allow for preferential voting in certain Board elections; grant voting rights to an Executive Committee representative from the New Lawyers Section; and establish a procedure for nominating the outstate representative to the Executive Committee. A motion was made and seconded to approve the amendments.

President Foster then called for a vote to consider each of the amendments separately. Following an "aye" vote, the Board considered each of the amendments in turn.

After a discussion on "preferential voting" as defined in the meeting materials, an amendment was made and seconded to permit the Executive Committee to select the voting procedure for each future Board election in which there are multiple, contested positions. A friendly amendment was made and seconded clarifying that the Executive Committee’s voting recommendations were to be confirmed by the Board of Governors. After additional discussion, a motion was made and seconded to recommit the issue to the Bylaws Subcommittee. The motion carried.

Discussion then turned to the second proposed bylaw amendment, which would grant voting rights to an Executive Committee representative from the New Lawyers Section. After discussion on the issue of granting voting rights to an Executive Committee member who had not been elected by the Board of Governors, a motion was made and seconded striking the "or designee" language from the original proposal, in effect stating that the New Lawyers Section chair would not be permitted to designate an alternate with voting privileges. The motion carried.

Discussion then returned to the main motion. The motion carried.

President Foster then returned to the third proposed bylaw amendment. A motion was made and seconded to delete sentences four-six of the proposed amendments to Rule 9.33 appearing on page 15 of the meeting materials. Following discussion, the amendment was revised to delete the fourth and fifth sentences and to delete the word "not" from the sixth sentence. President Foster then called the question on the amendment. The motion to amend carried; action then returned to the main motion. The main motion carried.

2.02 Action on the recommendation to accept the audit of the MSBA General Fund and MCLE Fund for the year ending June 30, 1999
This item was approved by a voice vote conducted as part of the Treasurer’s Report. (Routine Business, Item 1.03.)

2.03 Election of at-large members to the Executive Committee
President Foster directed attention to the Qualifications and Interest Statements appearing in the meeting materials for three at-large positions on the Executive Committee. He called for additional nominations for each of the three positions; hearing none, separate motions were made, seconded, and carried to close nominations and elect the following candidates:

2.04 Election of representatives to outside boards
President Foster directed attention to meeting materials listing five outside organizations and candidates that had filed Qualifications and Interest Statements. There were no contested seats.

President Foster called for additional nominations; there were none. A motion was then made, seconded, and carried to close nominations and elect the following (the first three positions represent MSBA recommendations to fill Supreme Court appointments):

2.05 Action on the recommendation of the Real Property Certification Council regarding an increase in fees
President Foster recognized John Koneck, who presented the report as it appeared in the meeting materials. A motion was made, seconded, and carried to approve the recommendation.

2.06 Action on the recommendation of the Executive Committee in support of the resolution of the Insurance for Members Committee regarding the January-July 2000 premium credit
President Foster directed attention to the recommendation appearing in the meeting materials. A motion was made, seconded, and carried to approve the recommendation.

3. Consent Calendar
A motion was made, seconded, and carried to approve the following consent calendar:

3.01 Action on the recommendation to terminate the membership of those persons with dues unpaid as of September 30, 1999.

3.02 Action to authorize carryover of unused Impact Fund monies.

3.03 Action on the recommendation of the Tax Law Section to amend its Bylaws.

3.04 Action on the recommendation of the Administrative Law Section to amend its Bylaws.

3.05 Action on the recommendation of the Real Property Law Section to amend its Bylaws.

4. Report Calendar
4.01
Notice of confirmation of selection. (The confirmation of nominees for four LawPAC Trustees, as listed in the meeting materials, will take place at the January 14, 2000 meeting of the Board of Governors.)

5. New Business
There was no new business.

6. Future Meetings
Friday, January 14, 2000
Saturday, April 15, 2000
Thursday, June 22, 2000

7. Adjournment
The meeting adjourned at 3:10 p.m.

- Last Updated 11/01/05 -