Minnesota
State Bar
Association

Board of Governors and
General Assembly
Minutes
2001-2002 Bar Year

Scroll or jump to the minutes of these sessions:


General Assembly
Friday, June 28, 2002

President Jarvis Jones called the meeting to order at 3:10 p.m.

Memorials
Delegates observed a moment of silence in memory of MSBA members who died in the past year.

Secretary's Report
Secretary David Stowman reported that a quorum of delegates was present, that delegates had been certified, and that the Executive Committee had adopted the rules and calendar for action at the meeting.

Recognition of Sections Achieving 10% Increase in Membership
President Jones reported on the success of an initiative to increase section membership. The initiative encouraged MSBA sections to offer free membership to nonmembers of the section, together with free CLE credit for those choosing to join. The initiative resulted in over 1,000 new members for the sections, and 20 of the 31 MSBA sections achieved a 10% or greater increase in membership. President Jones thanked the section chairs and members for their help in pursuing this successful initiative.

Update from the Federal Judiciary
The President next recognized Judge James Rosenbaum, chief judge of the U.S. District Court for the District of Minnesota, who delivered a report on behalf of the federal judiciary.

Judge Rosenbaum reported that within the last year Frank Dosal retired from the post of clerk of court and was replaced by Richard Sletten. Wendy Osterberg is the new chief deputy clerk.

All courtrooms at the federal courthouse in Minneapolis are now fully electronic and the court provides free training in the use of this electronic technology. The federal courtroom in Duluth is being remodeled and will incorporate electronic technology when completed, and funds are being sought from Congress to upgrade security and technology at the federal courthouse in St. Paul in the next few years.

Personnel changes on the federal bench this year included the loss of Judge Earl Larson and Magistrate Judge John Mason, both of whom died. Judge Paul Magnuson took senior status in the last year, and Judge Joan Lancaster recently joined the court.

With respect to the court's caseload, civil filings were down 14 percent in the past year and criminal filings were also down.

Update from the Minnesota Supreme Court
Justice Paul Anderson next delivered a report on developments at the Minnesota Supreme Court.

Justice Anderson reported that with respect to the budget, the Court "had a good year" with the Legislature in 2001 and "did not suffer too much damage" from budget contraction in 2002. Given the anticipated budget shortfall in 2003, there is some apprehension about increased funding for the Court in the coming year.

Justice Anderson praised the judicial selection process as conducted by Governor Ventura, noting that the number of applicants for judgeships has increased and that a good, merit-based selection process is in place. He encouraged interested persons to apply.

He characterized the Court of Appeals as "as strong as it has ever been" and opined that the appellate court has a very promising future. With respect to the Supreme Court, he noted that two new justices, Helen Meyer and Judge Sam Hanson, were recently appointed to the Court. He indicated that these new appointments likely will result in some shifts in jurisprudence in some areas, given that there have been some 4-3 decisions on the Court in the recent past. Despite the new appointments, the seven justices will still have an average of 4.5 years of experience on the Court. In all, he characterized the year ahead as "a time of mutual discovery as new justices, experienced justices, and lawyers come to know the jurisprudential character of the new Court."

Justice Anderson noted that the Court now publishes openings that it seeks to fill on various state governing boards and he encouraged attorneys who are interested to apply and be considered.

Among the special initiatives undertaken by the Court within the past year, Justice Anderson singled out the Court's outreach activities for special mention. Both the Supreme Court and the Court of Appeals conducted hearings at outstate locations in the past year, often in conjunction with efforts to educate the public about the court system and improve accessibility. The Children's Justice Initiative focuses on the brevity of childhood and the need to strike a correct balance between the rights of children and parents. A task force is engaged in review of the jury system in Minnesota, efforts are underway to update and improve the use of computer technology in handling criminal matters, and, with the help of the District Judges Association, work is being done in the area of judicial performance evaluation. Other current initiatives include a business court in Ramsey County, a teen court, and renewed efforts to track people coming through the system to identify sources of bias and establish accountability.

Notable cases handled by the Court in the past year included redistricting and the litigation to prevent the "contraction" of the Minnesota Twins. Other notable cases mentioned by Justice Anderson covered issues of government data practices, the medical assistance lien, right to a jury trial, right of jurors to ask questions, condemnation, joinder and severance.

Acknowledging the recent decision of the U.S. Supreme Court regarding Canon 5 of the Minnesota Code of Judicial Conduct, Justice Anderson said that the new rules regarding judicial candidates' speech will "likely be the greatest challenge facing the Court in the coming year."

Report of the Minnesota American Indian Bar Association
Judge Robert Blaeser presented the report of the Minnesota American Indian Bar Association regarding a proposed court rule relating to recognition of tribal judgments by Minnesota state courts.

Judge Blaeser reported that state and tribal court judges have been working together for a number of years to address problems and that a proposal has been submitted to the Supreme Court for a court rule to be issued whereby state and tribal courts would reciprocally extend full faith and credit to each other's judgments. He indicated that representatives would soon meet with members of the Family Law Section and of the Children & the Law Section to describe the proposal and reported that the proposal had the unanimous support of the Conference of Chief Judges.

Judge Blaeser further noted that the proposed rule had been amended since the materials before the Board were printed. The amendment is to item A) Recognition, number 3) of Appendix A "Proposed Rule." The amended language is as follows:
3) the order or judgment was not obtained through minimal due process; a process that afforded fair notice and a fair hearing; or
In response to questions, Judge Blaeser clarified that tribal court orders can be docketed in state district court but that reciprocal enforcement of judgments was the key issue.

Action on the Recommendation of the Rules of Professional Conduct Committee
Fred Finch, chair of the Rules of Professional Conduct Committee, reported that a task force headed by Bill Wernz is reviewing changes to the ABA Model Rules of Professional Conduct that were adopted in 2000. It is anticipated that that task force will be making recommendations regarding related changes to Minnesota's rules in the coming year.

In the current year the committee is proposing changes to Rule 18, Reinstatement; Rule 24, Costs and Disbursements; and Rule 27, Trustee Proceeding. Details of the proposed changes are contained in the meeting materials.

A motion was made and seconded to recommend adoption of the proposed changes by the Court. The motion carried.

Action on the Recommendations of the Pro Se Implementation Committee
President Jones next recognized Chief Judge Edward Toussaint of the Minnesota Court of Appeals, co-chair of the Pro Se Implementation Committee, who presented the report and recommendations of the committee. President Jones noted that work on the issue of pro se litigants had been ongoing for a number of years and that such litigants presented extremely knotty problems for members of the bar, the courts, and court administrative staff. He thanked Chief Judge Toussaint, Judge Nancy Dreher, and other members of the committee for their work and commended their recommendations to the General Assembly.

Chief Judge Toussaint reported that issues of self-represented litigants are most acute in courts of general jurisdiction, placing stress on the judicial system and challenging the satisfaction of the litigants themselves. He introduced Judge Nancy Dreher, chair of the Program Subcommittee, who described a pilot program for self-represented family law litigants which is being launched in July. The Family Law Self-Help Center will open July 11 to serve self-represented litigants in Dakota County through facilities in Hastings, Apple Valley, and South St. Paul.

Chief Judge Toussaint then introduced the recommendations of the Pro Se Implementation Committee, noting that the Executive Committee had reviewed and endorsed the recommendations, amending the first sentence of Recommendation #1 to read: "The subcommittee requests that the Supreme Court develop a training program for judicial and non-judicial staff on best practices for cases involving pro se litigants, and that the program be mandatory, or strongly recommended."

A motion was made and seconded to adopt the recommendations of the Pro Se Implementation Committee.

Discussion initially turned on item number 8 of Appendix A, "Family Self Help Programs" of the proposed amendments to the General Rules of Practice for the District Courts. It was argued that the proposed language, declaring that "The services performed by self-help personnel in a court self-help program in accordance with this rule shall not be the unauthorized practice of law" would enable the practice of law by nonlawyers, and a motion was made to amend the proposed amendments to the General Rules of Practice by striking item 8 of Appendix A. The motion was seconded. In rebuttal proponents of the rule change argued that the rule was drawn narrowly enough to regulate unauthorized practice and that without such a rule court staff would be unwilling to risk assisting pro se litigants for fear of violating the unauthorized practice statute. The purpose of the proposed rule change was described as providing a "safe haven" for court administrators who need to help self-represented litigants. The motion to amend was then voted and defeated.

A "friendly amendment" was then proposed to item number 4 of Appendix A, whereby the fifth bullet point would be amended to read as follows: "answer questions about family law procedural issues and how to proceed with a family law matter;
There being no objection, the amendment was accepted as part of the original proposal, which was then voted and carried.

Adjournment
There being no further business, the General Assembly adjourned at 4:55 p.m.

Respectfully submitted,

David L. Stowman
Secretary


Board of Governors
December 6, 2002

Pursuant to notice, a regular meeting of the Board of Governors of the Minnesota State Bar Association was held on Friday, December 6, 2002, at the St. Paul Hotel. President Jon Duckstad presided over the session, which began at 12:45 p.m. Secretary Susan Holden served as secretary.

1. Presentation Of Awards
President Duckstad presented two awards:

2. Routine Business

2.01 Roll Call
See attached sheet.

2.02 Approval of minutes of the September 13, 2002 meeting
A motion was made and seconded to approve the minutes of the September 13, 2002 meeting. The motion carried.

2.03 Treasurer's Report
Treasurer David Stowman presented this report as it appeared in the materials distributed prior to the meeting. A motion was made, seconded, and carried to approve this report.

2.04 President's Report
President Duckstad reported on several items of interest to Board members. Among the highlights:

3. Action Calendar

3.01 Election of representatives to outside boards

3.02 Action on the recommendation of the Insurance for Members Committee regarding the request of Reliastar to adjust the pool level of the MSBA Group Term Program
President Duckstad noted that this item had been withdrawn at the request of the committee.

3.03 Report on the new process for establishing the MSBA legislative agenda and adoption of the charge for the Legislative Committee
This committee, chaired by Susan Holden, was formed in September 2002 to develop a new process for formulating the Bar's legislative agenda. President Duckstad directed the Board's attention to a handout distributed at the meeting, which included revisions to this agenda item and a description of the process for the Board to follow in considering legislative proposals. He then recognized Ms. Holden to preside over the following:

3.03.01 Action on the recommendation of the Legislative Committee to adopt the Committee's charge
This item -- presented as Exhibit D in the handout -- described both the composition and the responsibilities of the new Legislative Committee. A motion was made, seconded, and carried to adopt this charge.

3.03.02 Preview of the 2003 Legislative Session
Ms. Holden recognized MSBA lobbyist Lloyd Grooms. Mr. Grooms noted that the session would see new faces following the recent elections, as well as new challenges posed in part by a state budget deficit. In addition to the Bar's agenda, he identified several issues likely to occupy legislators' time.

3.03.03 Action on the following legislative proposals
Ms. Holden described the new procedure developed by the Legislative Committee, under which all six resolutions were to be presented in one motion. Following a second, representativesthe Legislative Committee would present its position. Representatives of the sponsoring committees or sections would then present their resolutions in detail and respond to questions. At the end of the presentations, any board member could make a motion to divide the question and separate out controversial proposals for further discussion and separate votes of approval.

She then presented the following six proposals:

Ms. Holden moved approval of resolutions A-F; after hearing a second, she recognized representatives of sponsoring groups for presentations of the proposals as they appeared in the official meeting materials.

During discussion, one Board member expressed concerns with the statute of limitations as proposed under one section of the Uniform Trust Act revisions contained in Resolution C. A motion was made, seconded, and carried to divide Resolution C from the six proposals presented under the main motion.

President Duckstad then called the question on the main motion, which, as amended, was to approve Resolutions A, B, D, E, and F. Thethe motion carried.

Discussion then turned to Resolution C, which contained proposed legislative changes to the Minnesota Trust Chapter, 501B. Among the changes was a proposed amendment and comment to Section 501B.153, Limitation of Actions Against Trustee. As noted in the comment, prior law provided that any action concerning a trust had to be commenced within six years. The amendment contained a change to this limitation as follows:

Following discussion, a friendly amendment was made, and seconded and carried to remove this Section 501B.153 from the larger resolution. President Duckstad then called the question on the motion to approve Resolution C as amended. The motion carried.

3.03.04 Action on modifications, if any, to previous MSBA legislative position
Ms. Holden noted that under action by the Board in 2000, legislative positions adopted by the MSBA remain in force for six years. The Legislative Committee handout referenced above contained a table listing 10 positions from 2000 and 2001 that were still in force under this policy. The committee recommended no changes to this list, andso no additional action was taken.

3.04 Action on the Recommendation of the Ad Hoc Committee on Appellate Court Retirements
Ken White presented this proposal recommending that the MSBA continue its practice of honoring retiring Supreme Court justices and Court of Appeals judges. The report addressed both staff and financial commitments, and described general guidelines to mark retirements with events that were self-supporting. A motion was made, seconded, and carried to approve this recommendation.

3.05 Action on the Recommendation of the Ad Hoc Committee on the Section Administrative Fee
President Duckstad noted that this ad hoc committee had been formed following concerns raised at the April 2002 Board meeting over the MSBA's Section Administrative Fee. As part of a larger package of initiatives intended to balance that year's budget, the MSBA instituted an increase of $1, payable by all members of MSBA sections. Jarvis Jones, 2001-02 president of the MSBA, appointed the ad hoc committee to examine the history of this fee and its impact on individual sections, and to make recommendations regarding future administrative fees.

The committee's report, as contained in the official meeting materials, recommended retaining the fee at its current level of $3 per section member. A motion was made, seconded, and carried to approve this report.

3.06 Action on the Resolution to Establish a Task Force on Association Governance
President Duckstad introduced discussion of this resolution by noting one revision to the report as it appeared in the official meeting materials: The opening clause, containing the phrase "… is excessively large," had been revised by the Executive Committee to read "may be excessively large."

A motion was then made to approve the resolution as revised. During discussion, a revision was proposed to paragraph 2, which addressed the composition of the proposed new task force. As originally drafted, the task force was to include the presidents and the Hennepin and Ramsey County Bar Associations; the proposed amendment would have allowed the presidents of those two groups to appoint separate designees. While the current presidents of these associations had already agreed to serve on the proposed selection committeenew task force, a friendly amendment was moved, and seconded and carried to allow these officers to designate representatives in their stead. The motion, as amended, carried.

3.07 Discussion on what the MSBA's role should be with respect to the Opinion of the Board on Judicial Standards Concluding that Judges may not serve as President of the MSBA
Brad Thorsen directed attention to a handout summarizing a recent opinion by the Board on Judicial Standards that judges should not serve as MSBA president. A motion was then moved and seconded to create a task force to study the issue, and, if appropriate, urge the Supreme Court to adopt a clarification of the applicable rules. The motion carried.

4. Consent Calendar
No actions were contained in this agenda item.

5. Report Calendar
President Duckstad directed attention to the report calendar, which included notice of five elections to be held at the April 2003 session.

6. New Business
There was no new business.

7. Future Meetings

8. Adjournment
The meeting adjourned at 2:25 p.m.

 

Respectfully submitted,

Susan M. Holden
Secretary


Board of Governors
April 20, 2002

Pursuant to notice, a regular meeting of the Board of Governors of the Minnesota State Bar Association was held on Saturday April 20, 2002 at the Minnesota CLE Conference Center in City Center, Minneapolis. MSBA President Jarvis C. Jones called the meeting to order at 9:00 a.m.

1. Presentation of Awards
David Kennedy presented the David Graven Public Service Award to Nancy Washburn McLean.

President Jones presented the Mary Alice Gooderl Community Service Award to Catherine Asta and Virginia Cone. Ms. Asta accepted for herself and Ms. Cone.

President Jones presented the Bernard P. Becker Awards. The Becker Staff Award was presented to Sherry Gruenhagen and Ted Hinnenkamp. The Becker Student Award was presented to Reid Goldetsky.

Bruce Beneke presented the Minnesota Legal Services Coalition Pro Bono Publico Awards to the following: Jim Forsythe accepting on behalf of Streater & Murphy; Doug Anderson accepting on behalf of Rosenmeier, Anderson & Vogel; Senator Dick Cohen; Jack Halloran and Herb Day.

Habitat for Humanity
Stephen Gottschalk of the Twin Cities Habitat for Humanity board reported that construction is underway at the MSBA sponsored house at 2923 Queen Avenue North in Minneapolis.

2. Routine Business

2.01 Roll Call
See attached sheet.

2.02 Approval of minutes of the December 7, 2001 meeting
A motion was made, seconded and carried to approve the minutes as they appeared in the materials distributed prior to the meeting.

2.03 Treasurer’s Report
MSBA Treasurer James Baillie summarized the report as it appeared in the meeting materials. A motion was made, seconded and carried to approve the report as printed.

2.04 President’s Report
President Jones reported that the Executive Committee is making good progress on its initiatives, that proposals for a tax on legal services will probably not pass during the pending legislative session but may be reintroduced in 2003, and that the 10% Club, an initiative to increase membership in MSBA sections by 10% during the 2001-02 bar year, is on track with 1,400 new members to date.

3. Action Calendar

3.01 Election of MSBA representatives to outside boards
The election for the position of MSBA representative to the Client Security Board was contested. The nominated candidates were Margaret Westin, Ramsey County, and Janna Severance, Hennepin County. Ms. Westin was elected.

There being no contested elections for the remaining open outside board positions, the following nominated candidates were automatically elected pursuant to the MSBA bylaws:

a) State Board of Continuing Legal Education—James Rogers, Hennepin County, and David Schultz, Ramsey County.

b) Legal Services Advisory Committee—Joseph Dixon, Hennepin County, and Scott Richardson, Mower County

c) Central Minnesota Legal Services—Carol Lostetter, Wright County, and Heidi Wolf, Stearns County

d) MSBA/ABA Delegates—Megan Faricy, Ramsey County, Trudy Halla, Hennepin County, and Bradley Thorsen, Hennepin County

3.02 Discussion and advice on MSBA legislative priorities
President Jones moderated a discussion of the membership on how the Association establishes and funds its legislative priorities.

3.03 Report on RPM v. Kelly, et al
Wayne Struble of Bowman & Brooke reported on the March 22, 2002 oral argument at the U.S. Supreme Court in Republican Party of Minnesota, et al. v. Kelly, et al., a case currently before the Court challenging the “announce clause” of Canon 5 of the Minnesota Code of Judicial Conduct. The MSBA submitted an amicus brief in support of the respondents in this case.

3.04 Action on the recommendations of: (a) the Governance and Finance Committee regarding the 2002-03 budget for the General Fund and (b) the MCLE Board of Directors regarding the 2002-03 budget for the MCLE Fund
Treasurer Baillie presented the report of the MSBA Governance and Finance Committee regarding the 2002/03 budget for the general fund as contained in the meeting materials. Mr. Baillie moved adoption of the Governance and Finance Committee report with an additional recommendation that MSBA sections be authorized to increase dues by $1.00 per member to cover the report’s proposed $1.00 per member increase in the administrative fee charged to sections. The motion was seconded.

There was a motion from the floor to amend the main motion to adopt the Governance and Finance Committee report with the exception of the proposed $1.00 administrative fee increase and to direct the President to appoint a committee to study the issue of the section administrative fee with instructions to report to the Board of Governors by October 1, 2002. The motion to amend the main motion was seconded.

There was a motion from the floor to change the reporting date for the special committee to December 6; the amendment was accepted as a friendly amendment. There was a request from the floor to divide the question; the chair denied the request to divide. The amendment to the main motion failed.

President Jones announced that on his own authority he would appoint a committee to review the section administrative fee and would direct that committee to report to the Board of Governors on December 6, 2002.

The main motion carried.

Ron Peterson, Chair of the MCLE Board of Directors, presented the board’s report and recommendations on the 2002-03 budget for the MCLE Fund as contained in materials distributed at the meeting. It was moved, seconded and carried that the report be adopted.

3.05 Action on the recommendation of the Civil Litigation Certification Council to amend its hearing procedures
Dick Mahoney, chair of the MSBA Civil Litigation Certification Council, presented the Council’s recommendation to amend its hearing procedures as outlined in the meeting materials. It was moved, seconded and carried that the Council’s recommendation be adopted.

4. Consent Calendar
The consent calendar as included in the meeting materials was amended by consent to add a reduction in Family Law Section student dues from $10.00 in 2001-02 to zero in 2002-03. The consent calendar, as amended, included the following:

a) action on the request of four sections for a change in dues: Administrative Law from $11.00 in 2001-02 to $15.00 in 2002-03; Food & Drug Law from $25.00 in 2001-02 to $15.00 in 2002-03; General Practice, Solo and Small Firm from $12.00 in 2001-02 to $15.00 in 2002-03; and Family Law student dues from $10.00 in 2001-02 to 0 in 2002-03; and

b) action on the request of the Marketing & Client Services Section to merge with the Law Practice Management Committee, change its name and amend its bylaws.

As amended, the consent calendar was moved, seconded and adopted.

5. Report Calendar

5.01 Update on the legislative session
MSBA lobbyist Lloyd Grooms provided the Board with an update on the current legislative session.

5.02 2002 Convention
Convention Co-chair Richard Burns urged Board members to attend the 2002 MSBA convention in Duluth June 26-28.

5.03 Notice of Election of MSBA Executive Committee at-large members
President Jones reported that Section 8 of the MSBA bylaws provides for an Executive Committee composed of the officers and three members of the Board of Governors; one from the outstate area; one from Hennepin County; and one from Ramsey County. The president reported that the election for these positions will take place at the June 28, 2002 meeting of the Board of Governors. Members of the Board of Governors should encourage any qualified MSBA Board member who is interested in being nominated to submit a Qualifications & Interest Statement to the MSBA office before May 31, 2002.

5.04 Notice of Minnesota State Bar Foundation elections
President Jones reported that the Board of Governors sitting as the members of the Minnesota State Bar Foundation will elect directors of the Foundation at the June 28, 2002 meeting of the Board. The three-year terms of the following directors expire on June 30, 2002: James P. Barone, Faye Knowles, Judith Oakes, Elena Ostby and Brian Weber. Mr. Barone and Ms. Ostby are eligible and interested in serving an additional term. Ms. Oakes, Ms. Knowles and Mr. Weber are not interested in serving an additional term.

5.05 Draft 2002-03 Master Calendar
President Jones noted that the master calendar distributed at the meeting is a draft and for information purposes only.

6. New Business
There was no new business.

7. Future Meetings
The Board meets next on Friday June 28, 2002 in Duluth.

8. Adjournment
The meeting was adjourned at 12:15 p.m.

Respectfully submitted,

David L. Stowman
Secretary



Board of Governors
December 7, 2001


Pursuant to notice, a regular meeting of the Board of Governors of the Minnesota State Bar Association was held on Friday, December 7, 2001, at the Marriott Hotel in Minneapolis, commencing at 2:05 p.m. President Jarvis C. Jones presided.

1. Presentation of Awards
President Jones announced that the Elmer Wiblishauser Author's Award had been presented to David Herr for his July 2000 Bench & Bar article entitled "A Parting of Ways? Amendments to the Civil Rules -- State and Federal." Accepting the award on behalf of Mr. Herr was Howard Tarkow.

2. Routine Business

2.01 Roll Call
See attached sheet.

2.02 Approval of minutes of the September 14, 2001 meeting
A motion was made, seconded, and carried to approve the minutes as they appeared in the official materials distributed prior to the meeting.

2.03 Treasurer's Report
MSBA Treasurer James Baillie summarized the report as it appeared in the meeting materials. A motion was made, seconded, and carried to approve the report as printed.

2.04 President's Report
President Jones noted that former MSBA President Wood Foster would chair a newly formed committee to respond to an anticipated proposal by Gov. Jesse Ventura to extend the state sales tax to include services, including legal services. A similar proposal had been presented by the governor during the 2001 legislative session, but was not enacted. The MSBA committee will work closely with MSBA lobbyist Lloyd Grooms.

President Jones also summarized the "10% Club," a new initiative intended to increase membership in MSBA sections by 10 percent during the current fiscal year. As incentives, members will be offered free section membership, as well as free participation in section-sponsored CLEs of three hours or less. Early response from all sections has been encouraging, he said, with one section already committed to increasing membership by 20 percent.

3. Action Calendar

3.01 Action on the resolution of the Court Rules Committee to petition the Minnesota Supreme Court to amend Canon 2.C of the Minnesota Code of Judicial Conduct
President Jones recognized Brian Melendez to present this proposal as it appeared in the meeting materials. The proposal included the following recommendation:

The committee recommends that the Code of Judicial Conduct, Canon 2.C, be amended as follows (wording to be struck out is struck out, wording to be inserted is underlined): "A judge shall not knowingly hold membership in any organization that practices unlawful discrimination on the basis of race, sex, religion or national origin."

In his presentation, Mr. Melendez noted that the Lavender Bar Association had developed a separate proposed revision -- patterned in part after language contained in the Canons of Judicial Conduct and in the General Rules of Practice for the District Courts -- that identified specific forms of discrimination. Mr. Melendez said that the Court Rules Committee favored the more general approach contained in its resolution, which did not limit or otherwise qualify "unlawful discrimination." A motion was moved, seconded, and carried to approve the report and recommendation.

3.02 Ratification of the Executive Committee action on LawPAC Trustees.
President Jones reported that the action on a District 2 trustee had been removed from the agenda. He then identified candidates who had filed Qualifications and Interest Statements for remaining vacancies in Districts 3, 6, and 8. Each of these candidates had been approved by the Executive Committee, pending ratification by the Board of Governors. President Jones asked if there were any new nominations from the floor; hearing none, a motion was made, seconded, and carried to ratify the Executive Committee's election of the following:

· District 3-DFL: John R. Zachow
· District 6-DFL: Nancy Jones Norman
· District 8-DFL: Ken Butler

3.03 Action on the recommendation of the LawPAC Trustees to amend the LawPAC Constitution regarding the terms of office for trustees
Julian Zweber presented this proposal to address the possible consequences of delays in the appointment of successor trustees. The proposal was to revise Article V, Section B, Paragraph 5, Clause c. Mr. Zweber read the following language, which he characterized as the essence of the proposal:

1. ... Notwithstanding any provision of this Constitution to the contrary, an appointed Trustee may continue to serve as trustee until the effective date of a successor Trustee's appointment.

2. This amendment is effective retroactive to December 31, 2000, and applies to the terms of appointed trustees who were serving on that date.

A motion was made, seconded, and carried to approve this proposal.

3.04 Election of an MSBA representative to Anishinabe Legal Services Board
President Jones directed attention to the Qualifications and Interest Statement filed by incumbent Leo Brisbois, and called for new nominations from the floor. Hearing none, a motion was made, seconded, and carried to elect Mr. Brisbois.

3.05 Action on the recommendation of the Membership Committee to establish a Law Student Section
President Jones recognized committee chair Peter Berge and three law students -- Melissa Zentner, Michael Conn, and Nathan Busch -- to present this proposal. Ms. Zentner told the Board that the new section, if approved, would provide enhanced opportunities for law students to participate in all activities of the MSBA. A motion was made, seconded, and carried to approve the formation a Law Student Section.

3.06 Action on the resolution of the ADR Section to oppose any action on the Uniform Mediation Act during the 2002 legislative session
James Coben presented this proposal as it appeared in the meeting materials. He summarized provisions of the Uniform Mediation Act, drafted jointly by the National Conference of Commissioners on Uniform State Law and the Dispute Resolution Section of the American Bar Association and approved by the first of those bodies on August 16, 2001. The act is now before state legislatures for approval and enactment.

Mr. Coben praised the efforts of the act's authors, but expressed concerns over the specific language now before the Minnesota Legislature. He said that Minnesota mediators currently enjoy strong protections for confidentiality, but that the draft act -- intended in part to establish this protection in other states -- contained language that was complex and potentially confusing.

He then presented the recommendation of the MSBA's ADR (Alternative Dispute Resolution) Section, which called for the Minnesota Legislature to take no action on the Uniform Mediation Act during its 2002 session. A motion was made, seconded, and carried to approve this recommendation.

3.07 Action on the resolution of the Children and the Law Section to support enactment of 257C, a bill dealing with custody of children and de facto custodians and third party custodians
This resolution, which also enjoyed the unanimous support of the Family Law Section, would create a new section 257C. Mark Fiddler presented highlights of the proposal as it appeared in the meeting materials, then moved approval. The motion was seconded and carried.

3.08 Action on the resolutions of the Probate and Trust Law Section
Speaking on behalf of the section, Andrea Breckner and Dale Schoonover summarized resolutions to:

a. Support amendments to Minn. Stat. §524.3-1201 Collection of Personal Property by Affidavits

b. Support amendments to Minn. Stat. §524.2-804 Revocation of Probate and Non-Probate Transfers by Divorce; No Revocation by Other Changes of Circumstances. This resolution is also supported by the Elder Law Section.

c. Support amendments to Minn. Stat. §525.313 Clearance for Medical Assistance Claims. This resolution is also supported by the Elder Law Section.

d. Support adoption of the Uniform Guardianship and Protective Proceedings Act. This resolution is also supported by the Elder Law Section.

e. Support amendments to Minn. Stat. §501A.01 "When Nonvested Interest, Powers of Appointment are Invalid; Exemptions" to comport with the Uniform Statutory Rule Against Perpetuities Act

A motion was made, seconded, and carried to approve all resolutions.

3.09 Action on the resolutions of the Real Property Law Section
Charles Parson summarized the section's report, which contained resolutions to:

a. Support amendment of Minn. Stat. §527 Affidavit by Custodian to support a conveyance under the Uniform Gift to Minors Act by the Custodian

b. Support amendment of Minn. Stat. §507 Affidavit of Translation for Documents in language other than English

c. Support enactment of curative act for conveyances by counties to replace Minn. Stat. §373.013, repealed at request of revisor.

A motion was made, seconded, and carried to approve all three proposals.

3.10 Action on the resolution of the Construction Law Section to support amendments to Minn. Stat. §297A.70 Subd. 2 and 4, an act dealing with sales to governments and non-profits
Dean Thomson presented this proposal as it appeared in the meeting materials. A motion was made, seconded, and carried to approve the resolution.

3.11 Action on the resolution of the Bankruptcy Section to oppose the enhanced attorney liability provisions in S. 420/H.R. 333
Jim Baillie presented highlights of materials prepared by the section and distributed just prior to the meeting, which contained the following resolution:

RESOLVED, that the Minnesota State Bar Association opposes the enhanced attorney liability provisions in S. 420/H.R. 233.

A motion was made, seconded, and carried to approve the resolution.

4. Consent Calendar

4.01 Action on the recommendation of the General Practice Section to amend its bylaws
A motion was made, seconded, and carried to approve this single item from the consent calendar.

5. Report Calendar

5.01 Notice of nominations to five boards
President Jones announced that nominees would be elected at the Board's April 20, 2002 session for positions on five boards: Client Security Board, State Board of Continuing Legal Education, Legal Services Advisory Committee, Central Minnesota Legal Services, and MSBA/ABA Delegates. The meeting materials contained information about each of these vacancies, as well as deadlines for filing Qualifications and Interest Statements.

The Board also heard a presentation on the work of Lawyers Concerned for Lawyers. This organization, which recently celebrated its 25th year, has been approved by the Supreme Court to provide employee assistance services for attorneys suffering from chemical dependency, depression, and mental illness.

6. New Business
There was no new business.

7. Adjournment
The meeting adjourned at 3:12 p.m.

Respectfully submitted,

 

David L. Stowman
Secretary



Board of Governors
September, 14, 2001


Pursuant to notice, a regular meeting of the Board of Governors of the Minnesota State Bar Association was held on September 14, 2001, commencing at 12:50 p.m. at the Minnesota CLE Conference Center in Minneapolis. President-elect Jon Duckstad presided, with President Jarvis Jones participating by telephone.

Preliminary Business
President-elect Duckstad referenced the events of September 11 and called on Judge Edward Toussaint, Chief Judge of the Minnesota Court of Appeals, who offered a prayer of remembrance for everyone touched by the disaster and of hope for world peace.

President-elect Duckstad reported that the MSBA Executive Committee met on September 13 and recommended support for a statement from the American Bar Association regarding the National Crisis, copies of which were distributed at the meeting. A motion to approve this recommendation was made, seconded and passed unanimously. A request was made to allow discussion of the proposal after which MSBA Human Rights Committee co-chair Julie Fishel reported on a separate resolution offering sympathy and support for the victims and underscoring the importance of due process and the constitutional rule of law. Fishel asked that the Executive Committee take this resolution under consideration. Information about the Human Rights Committee recommendation will be posted on the MSBA website and in Bench & Bar magazine, and there also will be information on the website about how MSBA members can assist victims. Sonja Dunnwald Peterson requested that members consider contributing their tax refunds to the Red Cross or other organizations.

1. ROUTINE BUSINESS

1.01 Roll Call
See attached sheet.

1.02 Approval of Minutes of the June 22, 2001 meeting
A motion was made, seconded, and carried to approve these minutes.

1.03 Treasurer’s Report
Treasurer Jim Baillie 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 Jones reported on the Executive Committee’s work since July 1. Along with President-elect Jon Duckstad and MSBA Executive Director Tim Groshens, Jones has met with all section and committee chairs. At these meetings suggestions were offered regarding ways to enhance the support and services the MSBA provides to sections and committees and for ways that sections can collaborate more in the future.

The Executive Committee held a retreat and considered various initiatives for the association to undertake, e.g., focusing on increasing the bar’s relevancy to members and to the profession as a whole. This would involve the MSBA becoming more internally focused, while continuing our efforts on behalf of the public. Jones indicated that each member of the Executive Committee will work on specific initiative(s):

  1. Legislative issues: Phyllis Karasov and David Stowman will look at whether the MSBA should do more and/or hire a lobbyist on staff;
  2. Sections: Brad Thorsen, Mark Anderson and Richard Burns are looking at what the MSBA can do to promote and increase membership by providing greater value to section members;
  3. Technology: Tim Groshens is coordinating an effort to look at what we can do as a profession and ways that the MSBA can make it relevant to practicing lawyers (the emphasis here will be on communication tools);
  4. Organizational structure of MSBA: Jim Baillie, Jon Duckstad and David Stowman will look at the overall vitality of the MSBA as a non-profit organization and at developing a more formal process for reviewing the Executive Director function;
  5. Racial Disparity: Jarvis Jones will lead an effort to explore the issue of racial disparity and what the role of the Bar Association should be; and
  6. Pro Se: The Executive Committee will continued to support the work of the Pro Se Feasibility & Implementation Committee.


2.0 ACTION CALENDAR

2.01 Action on the recommendation to accept the audit of the MSBA General Fund and MCLE Fund for the year ending June 30, 2001
Treasurer Jim Baillie reported that the audit firm provided a clean letter such that no underlying issues and/or adjustments were necessary. The financial position of the MSBA is good despite some losses in total value. The report on Operating Reserves, however, indicates that the Net Operating Reserve is down to 15% despite a decision two years ago that the reserve goal is 25-30%. The MSBA budget for 2001-02 provides for gradual increase in the Net Operating Reserve. A motion was made, seconded and carried to approve the audit report as it appeared in the official meeting materials.

2.02 Action on the recommendation of the Membership Committee to create a non-resident district
This item was struck from the agenda prior to the meeting.

2.03 Action on the recommendation of the Executive Committee to adopt a policy regarding the sale of database information to districts for marketing of CLE programs.
Executive Director Tim Groshens referred delegates to page 2 of the proposed policy as it appeared in the official meeting materials, highlighting the specific language that was being recommended for change. Mr. Groshens provided background on the history of Minnesota CLE and the mailing label policy. In considering the sale of mailing labels to district bar associations for CLE programs, the MSBA proposed that the district bars be charged at the commercial rate for the labels of members of other districts. President-elect Duckstad noted that the motion appearing in the distributed materials should be changed to delete ". . .less than three hours" and insert ". . .three hours or less." A motion was made and seconded to approve the policy as presented.

A motion was made and seconded to amend the proposal by striking "at the published commercial rate" and inserting "law-related organization rate." After substantial discussion of this amendment, the question was called and the amendment was approved.

The question was then called on the main motion as amended. The motion carried.

2.04 Report on Pro Se: Initiative
Judge Edward Toussaint, co-chair of the MSBA Pro Se Feasibility & Implementation Committee reported on developments since the committee’s report in June. The Judiciary Subcommittee is proposing ways to help self-represented litigants approach the court system. The Lawyers Subcommittee is working in conjunction with the Minnesota Legal Services Coalition to make information on the availability of lawyers and forms available on the web, and then to develop ways to help direct self-represented litigants to the information so that they can use it. The Meaningful Access Subcommittee is working on similar access issues. Finally, Program Subcommittee co-chair Judge Nancy Dreher reported on their charge, which is to come up with concrete court-related programs to assist SRLs once they are in the system. The Program Subcommittee is proposing to pilot a family law service center in a suburban/rural district other than Hennepin or Ramsey County, modeled after the better part of both of those counties’ self-help programs. The program would offer a 30-minute consultation with a volunteer lawyer, assisted by paralegals, legal assistants and students through the Minnesota Justice Foundation. A unique aspect of the program is that it would be operated out of the local public library. At least initially, assistance will be limited to family law and there will be no income guidelines. The subcommittee proposal is to identify a district and work with the courts, district bar, legal assistants, and local librarians to operationalize the program by July 1, 2002. The Subcommittee is seeking authority from the MSBA to proceed with implementation. President Jones expressed appreciation for the Pro Se Committee’s continuing efforts. He noted that, as the former co-chair of the Pro Se Task Force and the Pro Se Committee, he is very interested in continuing their work. He indicated that although the Executive Committee needed some more time to digest the proposal, it would respond relatively quickly to the subcommittee’s request for approval to proceed with the proposed program.

2.05 Action on the recommendation of the Insurance for Members Committee recommending that the Board of Governors endorse the Hartford Insurance Company as the carrier for Business Owners and Workers Compensation Insurance Policy insurance plan to be administered by Seabury & Smith.
President-elect Duckstad noted that Insurance for Members Committee member Mike Kennedy had to leave the meeting. A motion was made, seconded, and carried to approve the recommendation.

2.06 Election of representatives to outside boards
Parliamentarian Brian Melendez reviewed a handout describing the Proportional Voting method that would be used for the elections.

(a) Lawyers Professional Responsibility Board
Qualifications and Interest Statements were submitted prior to the meeting by Lawrence Hammerling, Marilyn Michales, Cindy Telstad, and Eileen Wells. President Duckstad asked for nominations from the floor, and Kent Gernander nominated Ken White of Mankato. A motion to close nominations was made, seconded and passed. A point of order was raised about whether the MSBA bylaws require submission of a Qualifications and Interest statement; it was determined that such submission is merely a procedural, not a bylaw requirement. It was noted that this interpretation is logical since there is a specific reference in the bylaws to the acceptability of nominations from the floor. This being said, the parliamentary inquiry was withdrawn.

Each candidate was invited to speak; two candidates were not present: Eileen Wells and Larry Hammerling. Jeanneane Jansen spoke on behalf of Larry Hammerling, followed by Marilyn Michales, Cindy Telstad, and Ken White. Kent Gernander called attention to the fact that there are six representatives selected by the MSBA to serve on the LPRB, of which there currently are 4 metro and 2 outstate members, the latter being the terms that are expiring and being voted on. President-elect Duckstad then asked delegates to complete their ballots for the two open seats.

Later in the meeting, President-elect Duckstad announced that Cindy Telstad and Ken White were elected as nominees to the LPRB.

(b) State Board of Legal Certification
Helen Meyer 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. Meyer. The motion carried.

(c) Lawyer Trust Account Board
Thomas Mielenhausen 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 Mr. Mielenhausen. The motion carried.

(d) Southern Minnesota Regional Legal Services
Sally Scoggin 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. Scoggin. The motion carried.

(d) Loan Repayment Assistance Program - Minnesota
Jeremy Lane and Luis Bartolomei had each filed a Qualifications and Interest Statement for the Public Interest Community position and the Legal Community position, respectively, prior to the meeting. A motion was made and seconded to close nominations and elect Mr. Lane and Mr. Bartolomei. The motion carried.

(e) Minnesota Volunteer Attorney Program Board
The Minnesota Legal Services Coalition nominated Florence Berg, Bruce Beneke, Jeremy Lane, Floyd Pnewski and Rita Rodriguez. A motion was made and seconded to elect the slate as recommended by the Coalition. The motion carried.

3. CONSENT CALENDAR

3.01 Action on a recommendation to carryover $15,780 of Impact Fund monies allocated to the development of a mentoring program
This item was withdrawn from the agenda prior to the meeting.

3.02 Action on the recommendation of the Real Property Law Section to amend its bylaws

3.03 Action on the recommendation of the Family Law Section to amend its bylaws
A motion was made and seconded to approve the Consent Calendar as it appeared in the official meeting materials, with 3.01 deleted. The motion carried.

4. REPORT CALENDAR

4.01 Notice of confirmation of selection.

4.02 At the December 7, 2001 meeting of the Board of Governors, the LawPAC Trustees will recommend amending the LawPAC Constitution regarding the terms of office for trustees.

4.03 Anishinabe Legal Services – The term of Leo Brisbois expires December 31, 2001. Mr. Brisbois is eligible to serve an additional term.

President-elect Duckstad directed attention to these notices as they appeared in the meeting agenda.

5. NEW BUSINESS
There was no new business.

6. FUTURE MEETINGS
Friday, December 7, 2001
Saturday, April 20, 2002
Friday, June 28, 2002

7. ADJOURNMENT
The meeting adjourned at 2:45 p.m.

Respectfully submitted,

David L. Stowman
Secretary

- Last Updated 11/01/05 -