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Minutes
of Prior Meetings
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Minnesota
State Bar
Association
Assembly
Call to Order
The meeting was called to order at 3:40 p.m. on Thursday, April 26, 2007,
at the Ordway Center for Performing Arts in Saint Paul. President Patrick
Kelly presided, with Secretary Leo Brisbois recording. The Roll Call is
attached.
I. Award Presentations
A. David Graven Award
John "Mac" Lefevre of the Kennedy & Graven law firm presented
the Graven Award to 4th Judicial District Judge Pamela Alexander. The
award recognizes a MSBA member who exemplifies the high standards of the
profession in combination with a commitment to public or community service.
B. Bernard Becker Awards
President Kelly presented the Becker Awards, which recognize dedicated
service and outstanding achievements of legal services staff and volunteer
law students. Legal Services Staff awards went to Kathleen Davis of Mid-Minnesota
Legal Assistance, Minneapolis, and Robert Youngerman of Southern Minnesota
Regional Legal Services, Winona. The Volunteer Law Student Award went
to Sarah Pollex, a student at the University of Minnesota Law School.
II. President's Report
President Kelly reported that he and other officers will be traveling
to district bar association meetings in coming weeks to gather input and
discuss the Quie Commission Report on judicial selection. He advised that
the MSBA has not taken a position on the Report. President Kelly, Executive
Director Tim Groshens, and several officers traveled to Washington, D.C.
for ABA Day, where they met with legislators to discuss funding for the
Legal Services Corporation, issues of attorney-client privilege, due process
for detainees at Guantanamo Bay, judicial compensation, and immigration.
President Kelly also noted the recent meeting of National Hispanic Bar
Association in Minneapolis.
III. Treasurer's Report
Treasurer Michael Ford presented the report as contained in the meeting
materials. Mr. Ford noted that revenues and expenses are in line with
expectations and that the MSBA is pursuing the decision made several years
ago to reduce reserves rather than increase revenues to cover increasing
expenses. The target is to have reserves totaling 25 to 30 percent of
annual operating expenses.
IV. Consent Calendar
A. Approval of minutes of the December 15, 2006 meeting
The minutes were approved as presented.
B. Action on the Recommendation of the Governance Committee regarding
the Elder Law Section Bylaws.
The recommendation was approved as presented.
C. Action on the Recommendation of the Governance Committee regarding
the Computer Law Section Bylaws.
The recommendation was approved as presented.
V. Elections/Appointments Committee
Rebecca Anderson, chair of the Elections/Appointments Committee, described
the process by which the Committee receives and reviews candidates' qualifications
and moved election of the candidates recommended for the following uncontested
openings:
" Client Security Board - Timothy O'Brien
" Central Minnesota Legal Services Board - Jon Saunders
" MSBA Delegates to the American Bar Association - Michael Miller,
Mary Schneider, and David Stowman
" Minnesota Volunteer Attorney Program Board - Michael Klinkhammer,
Jeremy Lane, and Floyd Pnewski
The motion was seconded and carried.
Ms. Anderson then presented the Committee's recommendations for contested
openings on the Board of Continuing Legal Education and the Legal Services
Advisory Committee for which several applicants had submitted Qualifications
and Interest Statements. President Kelly asked for nominations from the
floor for the openings on the CLE Board. Hearing none, he declared the
recommended candidates, Marlene Garvis and Glen Jacobsen, elected. He
then asked for nominations from the floor for the opening on the Legal
Services Advisory Committee. Hearing none, he declared the recommended
candidate, Nicholas Slade, elected.
VI. General Policy Committee
A. Report on Committee Work
Lisa Montpetit Brabbit, chair of the General Policy Committee, reported
on the work of the Committee involving policy matters included in the
day's agenda.
B. Action on the Recommendation regarding the Reimbursement Policy
Ms. Brabbit reported that the Committee had heard and seriously considered
the concerns expressed by a number of sections, committees and individual
members in the course of drafting the policy, which the Committee recommends
for adoption. There being no discussion, the Committee's recommendation
was voted and approved.
C. Action on the Recommendation regarding the Model Pro Bono Policy and
Procedures for Government Attorneys
Ms. Brabbit reported the Committee's recommendation that the Pro Bono
Policy and Procedures for Government Attorneys be approved. The recommendation
was voted and approved.
D. Action on the Recommendation regarding a proposal from the Insurance
for Members Committee to endorse Life Line Screening
Action on this proposal has been deferred to the June meeting.
VII. Governance Committee
A. Report on Committee Work
Terry Votel, chair of the Governance Committee, reported that while the
Committee had no items to submit for separate action, two items it had
reviewed, involving bylaws for two MSBA sections, had been included on
the Consent Calendar. He further reported that the Committee is working
with district bar associations to update their articles and bylaws and
to gather and preserve their records.
VIII. Reports
A. Current Issues in Legal Education
Deans Fred Morrison of the University of Minnesota Law School, Alan Easley
of William Mitchell College of Law, and Jon Garon of Hamline University
School of Law, reported on developments at their institutions and their
perspective on current issues facing legal education. All reported significant
hiring of new faculty for the coming year, including a number of new positions.
They further agreed that the cost of legal education and the debt load
of graduates are key areas of concern, with implications for both the
diversity of the profession and the ability of graduates who wish to do
so to enter public service upon graduation. Dean Morrison noted in this
regard that the University of Minnesota Law School is now being financed
largely by tuition, endowments, and alumni giving, with minimal state
involvement.
A question was raised regarding a proposal before the American Bar Association
(ABA) to amend the law school accreditation standards to require a higher
bar passage rate among graduates for accreditation. Concern was expressed
that such a change would have an especially adverse impact on the five
law schools nationally that have the largest enrollment of African-American
students. Concerned individuals were urged to write to the ABA.
B. Minnesota's Sesquicentennial Celebration
Justice Paul Anderson of the Minnesota Supreme Court reported on plans
for the state sesquicentennial. A planning committee has been formed in
the Executive Branch. A counterpart committee in the Judicial Branch is
being formed and seeks to work cooperatively with the MSBA to celebrate
the role of lawyers in Minnesota history. An exposition to mark the sesquicentennial
is planned for early summer in 2008 and additional celebrations are planned
for the State Fair in August.
C. MSBA Convention
Brian Toder and Dan O'Connell appeared on behalf of the MSBA Convention
Committee to highlight plans for the Convention, June 27-29 in Saint Paul.
Highlights of the Convention are expected to include a portrayal of Clarence
Darrow by actor Gary L. Anderson, remarks on "The Lawyer as Artist"
by criminal defense attorney and author Phillip Margolin, and a Minnesota
History Theatre presentation of scenes from Harper Lee's, To Kill a Mockingbird.
Three CLE tracks will be offered. The Convention will open with a Mississippi
River barbecue and dinner cruise; the Presidents' Reception will be held
the following evening at the former Minnesota Club, and a bike ride and
golf tournament will afford opportunities for outdoor recreation. Proceedings
were temporarily disrupted by the arrival of the Saint Paul Winter Carnival
Vulcans, who called on President Kelly to step forward and be "knighted"
in recognition of his contributions to community spirit in St. Paul.
IX. Legislative Committee
A. Report on Committee Work
John Dornik and James Speckmann presented the report of the Legislative
Committee, noting that the MSBA's bills were moving well through the legislative
process. Mr. Dornik called on Lloyd Grooms, the MSBA's lobbyist, to elaborate.
B. Legislative Update
Mr. Grooms reported that the MSBA agenda had passed off the Senate floor
and was now under consideration in the House. The courts' budget is in
conference committee and expected to be on the governor's desk in a few
weeks. The tax bill has not been resolved and there are calls for study
of changes to sales tax. Mr. Grooms observed that expansion of the sales
tax on services is likely to reemerge as an issue in 2008. The Legislature
is scheduled to adjourn on May 21.
C. Report on the Work of the Quie Commission
President-elect Brian Melendez reported that the Quie Commission Report
was released in April. He called on Robin Wolpert, who served as reporter
to the Commission, who gave a summary of the composition and work product
of the Commission, which was established to examine the threat to an impartial
judiciary in the wake of Republican Party of Minnesota v. White and to
explore means by which an accountable judiciary could be maintained. Mr.
Melendez described the Minority Report, which is included with the Commission
Report on the MSBA website. He then recognized Judge Charles Porter, representing
the Minnesota District Judges Association, who reported on that organization's
review of the Commission Report and plans for further study of the issues
of judicial selection and evaluation.
X. Operations Committee
A. Report on Committee Work
Chair Michael Ford delivered the report of the Committee's work and offered
the following recommendations for action by the Assembly:
B. Action on the recommendation regarding funding for the Criminal Law
Section's Meth Education Video
The Committee is recommending that the Assembly allocate $3,000 to support
this project. The motion carried.
C. Action on the Recommendation regarding funding for a reprint of the
Civil Litigation Section's Statute of Limitation Manual, Time's Up
The Committee recommends approval of the request to allocate $6,000 to
cover roughly one-half of the cost of printing an additional 750 copies
of the manual. The motion carried.
D. Action the Recommendation to approve changes in section dues
The Committee is recommending approval of the following requests to change
dues: Tax Law Section from $25 to $20 per year and Children and the Law
Section from $25 to $15 per year. The motion carried.
E. Action on the Recommendation regarding Computer Assisted Legal Research
Mr. Ford noted that the Committee recommends that the Assembly authorize
contracting for a new computer assisted legal research program that will
require annual funding in the amount of $120,000 or more. He called on
Ken White, chair of the task force reviewing computer assisted legal research
programs, to describe the work of the task force. Mr. White said that
the task force seeks to contract with a vendor who will provide low-cost
searchable case law to members and he noted that several other bar associations
now provide these services to their members. Members could use the service
to do research without charge, but the service would not include head
notes or links, nor would it permit shepardizing. MSBA would agree to
provide the service to members via its website and to market and publicize
the service to members. The recommendation was approved.
F. Action on the proposed Budget for 2007-08
Mr. Ford presented the Committee's recommendation for the 2007-08 budget
included in the materials and noted that, after some debate, the Committee
elected to balance the budget by pursuing a previously adopted policy
to reduce the reserves to 25-30% of annual operating expenses rather than
by making further cuts in expenses. The recommendation was approved.
G. Action on the proposed Minnesota CLE Budget for 2007-08
Mr. Ford presented the Committee's recommendation for adoption of the
2007-08 budget for Minnesota CLE included in the materials and noted that
MCLE is pursuing a new Strategic Small Firm Initiative, seeking to enhance
services to small firms through new programming and web seminars. The
recommendation carried.
H. Action on the Recommendation of the Committee regarding a Policy on
Suspected Financial Theft, Dishonesty or Other Financial Misconduct
Mr. Ford presented the Committee's recommendation for adoption of the
Financial Misconduct Policy for the MSBA included in the materials. The
recommendation carried.
XI. Announcements
A. Notice of Elections
Secretary Leo Brisbois announced that elections will be held at the June
29, 2007 meeting of the Assembly for openings on the Council and on the
Board of the Minnesota State Bar Foundation and encouraged any eligible
member of the Association who wishes to be nominated to submit a qualifications
and interest statement. He noted that members of the Assembly whose terms
are ending at the end of this fiscal year remain eligible for election
to the Council.
B. Draft 2007-08 Meeting Schedule. Mr. Brisbois called members' attention
to the proposed schedule of meetings for 2007-08 included in the agenda.
XII. New Business
President Kelly called for any new business to be brought to the floor.
There was none to be considered.
XIII. Adjournment
The meeting was adjourned at 5:40 p.m.
Respectfully submitted,
Leo I. Brisbois
Secretary
Minnesota
State Bar
Association
Assembly
Call to Order
The meeting was called to order at 12:45 p.m. on Friday, December 15,
2006, at the Minnesota CLE Conference Center, Minneapolis. President Patrick
Kelly presided, with Secretary Leo Brisbois recording. The Roll Call is
attached.
I. Presentation of Elmer Wiblishauser Award
President Kelly presented the Elmer Wiblishauser Award to Jeffrey Post
of Fredrickson and Byron and Melissa Baer of Lindquist & Vennum for
their article in the August 2005 issue of Bench & Bar entitled "Limits
of Urban Development? Kelo, Walser and Condemnation in Minnesota".
II. President's Report
President Kelly introduced Brian Toder who presented an update on the
2007 Convention. Mr. Toder reported that he and co-chair Dan O'Connell
plan to increase attendance substantially and make it an event to remember.
Some highlights include the History Theater's 40-minute presentation of
To Kill A Mockingbird for CLE credit and a reception on a paddlewheel
boat with live music.
III. Treasurer's Report
Treasurer Michael Ford presented the report as contained in the meeting
materials. Mr. Ford noted that section funds were higher than normal due
to reduced fees being charged by the MSBA for staff time. Mr. Ford also
noted that in the upcoming annual budget process there will be an attempt
to use up some of the reserve.
IV. Consent Calendar
A. Approval of minutes of the September 15, 2006 meeting
The minutes were approved as presented.
V. Legislative Committee Report
A. Report on Committee Work
Chair John Dornik reviewed the Committee's work and presented the following
proposals:
B. Action on the Recommendation of the Legislative Committee that the
MSBA support the efforts of the Minnesota Realtors Association to repeal
or amend Minn. Stat. 360.065, subd. 3 as outlined in the proposal of the
Real Property Section dealing with airport zoning regulations and certain
disclosure requirements on sale or other transfer of real property and
allocate up to 25 hours of legislative counsel time to pursue this objective
Kevin Dunlevy presented the proposal. A motion was made that the Recommendation
be endorsed. The motion was seconded and carried.
C. Action on the Recommendation of the Legislative Committee that the
MSBA endorse the proposal of the Probate and Trust Law Section to amend
Minn. Stat. 48A.03 to reflect current nomenclature for fiduciaries and
allocate up to 15-20 hours of legislative counsel time to pursue this
objective
Tom Rauenhorst presented the proposal. A motion was made that the Recommendation
be endorsed. The motion was seconded and carried.
D. Action on the Recommendation of the Legislative Committee that the
MSBA endorse the proposal of the Construction Law Section to amend Minn.
Stat. 514.12 dealing with mechanic's liens and allocate up to 15-20 hours
of legislative time to pursue this objective
Joe Springer presented the proposal. A motion was made that the Recommendation
be endorsed. The motion was seconded and carried.
E. Action on the Recommendation of the Legislative Committee that the
MSBA approve the recommendation of the Council to renew expiring legislative
position #1 opposing a sales tax on legal services
A motion was made that the Recommendation be endorsed. The motion was
seconded and carried.
F. Action on the Recommendation of the Legislative Committee that the
MSBA adopt the following legislative housekeeping resolutions:
1. That the attached document reflects the current MSBA legislative positions
2. That the MSBA approve a general allocation of the legislative counsel's
time as follows in order of priority: 30% to budget-related issues; 20%
to judicial election/selection issues; 20% to general reserve and 30%
to specific agenda items approved by the Assembly, with the understanding
that the lobbyist's time can be redistributed by the President and his
designee(s) as the need arises during the legislative session
John Dornik presented the current positions of the MSBA and authority
to allocate the lobbyist's time. No action was needed.
VI. 2007 Mock Trial Judge Recruitment
Judge Kathleen Sanberg presented information on the current mock trial
season and the need for attorneys to volunteer to judge trials. Ken White
also spoke and encouraged members to check the trial schedule and sign
up to judge, noting that training is provided.
VII. Report from Minnesota CLE
Karna Peters, Chair of the Minnesota CLE Board, presented an update on
Minnesota CLE to the Assembly on all that MCLE offers, which can be a
good recruiting tool for new members.
VIII. Elections/Appointments Committee Report
Action on the Recommendation that the Assembly approve the nomination
of Renee Ursprung to the Minnesota Volunteer Attorney Program Board
Dyan Ebert reported that the Committee received one Qualifications and
Interest Statement for this position from Renee Ursprung. After review,
the Committee is recommending Ms. Ursprung be elected. The motion was
seconded and approved.
IX. General Policy Committee Report
Action on the Recommendation of the General Policy Committee regarding
a contract with OfficeMax
Lisa Montpetit Brabbit, Chair, reported on the work of the Committee and
moved that the MSBA approve the Committee's recommendation that OfficeMax
be the endorsed provider of office products and services. The motion was
seconded and approved.
X. Governance Committee Report
Action on the Recommendation of the Governance Committee to amend the
Bylaws of the Tax Law Section
Terry Votel, Chair, reported on the work of the Committee and moved that
the Committee's recommendation to amend the Bylaws of the Tax Law Section
be approved. The motion was seconded and passed.
XI. Operations Committee Report
A. Report on Committee Work
Michael Ford reported on the work of the Committee and presented the following
proposals:
B. Action on the request for funding assistance for the National Moot
Court Competition of the National Native American Law Students Association
Mr. Ford reported that the request to the MSBA was for $2,500; the Minnesota
State Bar Foundation approved $2,000, bringing the request down to $500
for Assembly approval. Following a presentation by Shauna Coons, a motion
was made that the MSBA approve $1,500. The motion was seconded and passed.
C. Action on the request for funding for the Wills for Heroes program
Mr. Kelly summarized the status of the Wills for Heroes program which
serves first responders such as firefighters and police officers. Mr.
Ford reported that the Probate section has contributed $1,500 towards
the purchase laptops and a printer for the program and is asking the MSBA
to contribute a matching amount. A motion was made, seconded and approved
to contribute $1,500.
B. Action on the recommendation to amend Bylaw 1.4.1(d) regarding membership
dues
Mr. Ford moved that the MSBA approve a recommendation from the Membership
Committee raising the maximum earning level from $25,000 to $35,000 in
order to qualify for the discount membership rate of one-fifth the regular
dues rate. The motion was seconded and approved.
C. Action on the recommendation to revise the Investment Policy
Mr. Ford moved that the Investment Policy of the MSBA be amended as set
forth in the materials. The motion was seconded and approved.
XII. New Business
Mr. Ford presented a recommendation from the Council that the MSBA budget
be amended in the amount of $9,000 to conduct two additional district
outreach programs before the end of the 2006-07 bar year. The motion was
seconded and approved.
XIII. Announcements
President Kelly reminded members to review the announcements included
in the agenda, highlighting that the April Assembly meeting will be held
at the Ordway in St. Paul, just prior to the annual Senior Counselors
Recognition event.
XIV. Adjournment
The meeting was adjourned at 2:00 p.m. for holiday treats.
Respectfully submitted,
Leo I. Brisbois
Secretary
Minnesota
State Bar
Association
Assembly
Call to Order
The meeting was called to order at 1:40 p.m. on Friday, September 15,
2006, at the Minnesota CLE Center in Minneapolis. President Patrick Kelly
presided, with Secretary Leo Brisbois recording.
I. Roll Call
See attachment.
II. President's Report
President Kelly reported on several developments:
" President Kelly provides the MSBA Council weekly emails summarizing
his MSBA activities; in August 2006, those activities totaled more than
150 hours. He thanked Council members for their prompt feedback on Bar
initiatives.
" At the ABA's August meeting in Hawaii, the MSBA was presented with
the prestigious Harrison Tweed Award in recognition of its multi-faceted
Hurricane Katrina relief efforts. He thanked 2005-06 President Sue Holden
and all other Bar leaders involved in this effort.
" The MSBA's new Civic Education Committee is now up and running.
One component of this effort, sponsored by the Probate and Trust Law Section,
will employ interactive document assembly technology to prepare simple
wills for police, fire fighters, and other first responders. This "Wills
for Heroes" program will coordinate volunteer efforts by retired
attorneys and other members.
" The "Quie Commission" -- formed to disseminate information
about the value of an impartial judiciary -- has held public hearings
at three sites.
" The Bar's Military Law Committee reaches out to some 2,600 service
personnel stationed in Iraq and Afghanistan.
" The MSBA is monitoring issues related to the fall 2006 judicial
elections, and will attempt to provide information to the public regarding
these races.
" The current issue of Bench & Bar includes information on pro
bono programs and initiatives, in an attempt to build awareness of the
need for donated services as well as volunteer opportunities.
" President Kelly has met with several other states regarding the
needs of outstate attorneys. Membership levels remain a common concern
for all of these state bars. On a related front, President Kelly has met
with Minnesota law school deans to consider reduced MSBA dues for Minnesota
law students.
" President Kelly directed attention to a report on diversity slated
to be considered later in the Assembly session. He noted that Minnesota
has been regarded as a leader in examining this issue and developing recommendations,
and expressed his commitment to continue these efforts.
III. Treasurer's Report
Treasurer Michael Ford presented this report. He noted that, after interviewing
five prospective auditing firms, the MSBA had retained new auditors. He
expressed satisfaction with the process and the results, and told Assembly
members that plans were in place to cover an upcoming sabbatical leave
by the MSBA's Director of Finance.
Mr. Ford then moved that an action item regarding the audit be moved
up in the agenda to permit a presentation by a representative of the audit
firm. President Kelly asked if there were objections; there were none.
Mr. Ford then directed attention to the audit as presented in materials
distributed prior to the meeting. The executive summary of that report
was characterized as a clean opinion for the MSBA. Other portions of the
materials provided complete statements for both the MSBA General Fund
and the CLE Fund. He also noted a decline in membership dues, which the
Bar intended to address through its current drive to increase market share,
and directed attention to graphs showing growth in assets and liquid reserves.
This report had been presented previously to the Audit Subcommittee and
to the full Operations Committee. Both of these bodies approved the report
and recommended its approval by the MSBA Assembly. After noting that this
approval by the Operations Committee constituted a motion to approve,
President Kelly called the question. The motion to approve the audit carried.
IV. Consent Calendar
A. Approval of minutes of the June 23, 2006 meeting
B. Action to approve Assembly Committee appointments
President Kelly indicated that in this and following agenda items, he
would defer to President-Elect Brian Melendez for rulings on parliamentary
questions.
President Kelly then directed attention to listings of Assembly committee
appointments as they appeared in the meeting materials. He reported that
the following revisions had been made after the printed materials had
been distributed:
" Elections/Appointments: Jori Whitehead's name was removed from
the list
" General Policy: Sonia Miller VanOort was added to this list
" Governance: Anthony Branch was added to this list
" Operations: Scott Rusert was removed from this list
President Kelly also noted that MSBA policies state that the president
is to appoint members of the Legislative Committee, and invited Assembly
members to volunteer to serve on this and other Assembly committees. Barbara
Gislason expressed interest in serving on the Legislative Committee. The
president then called for a motion to approve these appointments as well
as all other items appearing on the Consent Calendar. The motion was seconded
and carried.
President Kelly then reported that he had received a request to add a
new District Outreach Proposal to the agenda. Because this request was
received after the meeting materials had been distributed, it required
a favorable vote by 75% of the Assembly to be added to the agenda. A motion
was made, seconded, and carried to add the District Outreach Proposal
to the agenda.
V. Elections/Appointments Committee - Rebecca Anderson, Chair
A. Report on Committee Work
Ms. Anderson reported that the committee had reviewed Qualifications and
Interest Statements submitted by candidates prior to the meeting, and
presented the Assembly with its recommended candidates for the boards
that appear below. President Kelly called for additional nominations.
Hearing none, he indicated that there was no need to conduct a vote, and
ruled that the following candidates were deemed to be elected:
B. Lawyers Professional Responsibility Board: Vincent Thomas, Hennepin
County; and Stuart Williams, Hennepin County.
C. State Board of Legal Certification: Richard Diamond, Hennepin County;
and James Sherburne, Hennepin County.
D. Lawyer Trust Account Board: Charles Reynolds, Polk County.
E. Southern Minnesota Regional Legal Services: Thomas Hatch, Hennepin
County
VI. Governance Committee - Terry Votel, Chair
A. Report on Committee Work
Mr. Votel reported that this committee had just held its first meeting
of the new Bar year. The Convention Subcommittee reported that convention
locales had been set for upcoming years. He also noted the following agenda
item regarding the Public Law Section's bylaws, and indicated that the
Governance Committee would continue its ongoing fiduciary responsibilities
to ensure sound governance of the Association.
B. Action on the Recommendation to approve amendments to the Bylaws of
the Public Law Section
A motion was made, seconded, and carried to approve these amendments.
VII. General Policy Committee - Lisa Montpetit Brabbit, Chair
A. Report on Committee Work
Ms. Montpetit Brabbit reported that the committee had met and developed
recommendations regarding agenda items B-D, and would submit one additional
item for approval by the Assembly.
B. Action on the Recommendation regarding limited CLE credit for pro
bono work as developed by the Legal Assistance to the Disadvantaged Committee
Pat Burns and Tom Conlin presented highlights of this proposal as it appeared
in the meeting materials. The proposal included the following recommendation:
RESOLVED that the Minnesota State Bar Association petition the Minnesota
Supreme Court to revise Rule 6 (Special Categories of Credit) of the Rules
of the Minnesota State Board of Continuing Legal Education to include
limited continuing legal education credit for pro bono legal services,
using the suggested language provided herein, and recommend to the Court
that it adopt the proposed rule.
Mr. Burns indicated that this proposal would grant up to six credits
during each three-year reporting period for attorneys providing qualifying
pro bono services through specified organizations. Each six hours of such
pro bono service would qualify for one credit, up to the three-year limit
of six credits. Mr. Burns characterized this proposal as consistent with
the intent of mandatory continuing legal education, noting that pro bono
work often takes attorneys outside of their regular practice areas, and
provides an opportunity to "learn by doing." The proposed CLE
credits could also provide incentive and recognition for Minnesota attorneys
to provide volunteer services that would address the unmet legal needs
of Minnesotans. Mr. Burns noted that the proposal had garnered support
from several sections and committees, as well as the Hennepin and Ramsey
county bar associations. Six other states had previously approved limited
CLE credit for specified pro bono activities.
In his remarks, Mr. Conlin said that in those states that had approved
similar CLE proposals, levels of pro bono activity had increased. He characterized
the current proposal as an effective means to heighten pro bono activities
by Minnesota attorneys and to encourage lawyers to meet aspirational standards
set forth in the Rules of Professional Conduct. The cap of six earned
credit hours each three years would not detract from classroom credits
intended to enhance legal education and professional development.
Karna Peters, chair of the CLE Board, expressed support for the LAD Committee's
efforts to boost pro bono services, but indicated that the CLE Board opposed
the current proposal to offer CLE credit for pro bono work. Ms. Peters
characterized the proposal as a departure from the historical classroom
model for continuing legal education, and questioned whether other worthwhile
legal and community programs -- including those intended to reduce domestic
violence -- might present similar proposals for earned CLE credits. She
also questioned whether the proposed CLE credits would actually increase
pro bono activities, noting that much of the evidence presented in support
of this claim was anecdotal.
She then recognized Kent Gernander, past MSBA president and past CLE
Board chair. Mr. Gernander noted that while the Bar's CLE division was
subject to oversight, it also operated under a recognized degree of autonomy,
and that proposals such as this should spring from that body, not from
the MSBA. He noted that at the time Minnesota adopted mandatory CLE, some
parties had proposed credits or exemptions for individual attorneys performing
public service, but that those proposals had been rejected. While recognizing
the value of pro bono work, Mr. Gernander indicated his belief that such
work should be undertaken as a professional obligation, performed without
expectation of compensation. Finally, he repeated Ms. Peters' concerns
over whether this proposal would serve to increase levels of pro bono
involvement.
President Kelly then called for discussion. During that discussion, a
motion was made and seconded to amend the proposal as follows:
FURTHER RESOLVED, that the petition to the Supreme Court should request
adoption of proposed Rule 6D on a three-year trial basis. The Court should
be asked to request a report from the MSBA or a Court-appointed committee
on whether the Rule has increased participation in pro bono activities
and whether it has caused negative impacts on CLE participation and programming
prior to making the rule permanent.
Following discussion, a subsequent motion was made and seconded to recommit
the proposal to the General Policy Committee to allow further discussions
between the LAD Committee and Minnesota CLE. President Kelly ruled that
this motion to recommit took precedence over the motion to amend, and
called for discussion. Following that discussion, a motion was made and
seconded to close discussion on the motion to recommit. That motion carried,
and President Kelly called for a vote on the motion to recommit. The motion
to recommit failed.
President Kelly then returned to the motion to amend the proposal to
provide for a three-year trial basis as detailed above. A motion was made,
seconded, and carried to close debate on this motion to amend. The president
then called for a vote on the motion to amend, which failed following
a division vote of 54-31.
The Assembly then turned to the original motion to approve the proposal
by the LAD Committee. The motion carried. Justice Lorie Gildea abstained.
C. Action on the Recommendation of the Insurance for Members Committee
regarding signatory powers
Ms. Montpetit Brabbit directed attention to the committee's report, which
included the following recommendation:
RESOLVED: The Executive Director of the MSBA has the approval of the
Assembly to authorize insurance program contracts and amendments with
the exceptions of initial product offerings and carrier endorsements for
those program contracts and amendments recommended and approved by the
Insurance for Members Committee.
The motion carried.
D. Action on the Recommendation on the report of the Task Force on Diversity
in the Profession
Ms. Montpetit Brabbit directed attention to the report, which summarized
results of studies conducted in 1999 and 2002 as well as a separate three-part
research study conducted in 2005-06. The newer research included surveys
of law firms and non-firm employers as well as individual lawyers, along
with focus groups of lawyers in diverse communities. It was intended to
update and expand information from previous SAGE (Self Audit for Gender
Equity) reports and the HCBA's Glass Ceiling Task Force Report, and to
continue efforts to further the elimination of bias against minorities
and on the basis of gender in the legal profession in Minnesota. The report
included the following recommendation:
RESOLVED: That the MSBA appoint an implementation task force to develop
specific recommendations for action based on the report of the Task Force
on Diversity in the Profession. Each MSBA committee and section should
review the report and make recommendations to the implementation task
force to be considered for its final report. The implementation task force's
recommendations should provide law firms, law schools, corporations, legal
aid organizations, public law offices, and courts with practical strategies
and tactics they can use to increase the effectiveness of their diversity
efforts.
The motion to approve this report and its recommendation carried.
Ms. Montpetit Brabbit then presented the following new motion from the
General Policy Committee:
RESOLVED: That the MSBA thank the Legal Assistance to the Disadvantaged
Committee and the Diversity in the Legal Profession Task Force for their
yeoman efforts in an attempt to bring needed change to our profession.
The motion carried.
VIII. Legislative Committee - John Dornik and James Speckmann, Co-Chairs
A. Report on Committee Work
Mr. Speckmann reported that the committee had met earlier in the day to
set deadlines for proposals under development for the next legislative
session. November 6, 2006 was identified as the deadline for proposals
to be submitted to the Legislative Committee. Individual sections and
committees were required to distribute their proposals to other Bar entities
affected by their requests by November 24, 2006. The full Legislative
Committee was slated to review all proposals on November 27, 2006.
IX. Operations Committee - Michael Ford, Chair
A. Report on Committee Work
Mr. Ford reported on committee meetings conducted to fulfill its bylaw
responsibilities regarding annual budgets, audits, and operations. He
then turned to the following agenda items.
B. Action on the recommendation to accept the audit of the MSBA General
Fund and Minnesota CLE Fund for the year ending June 30, 2006
Mr. Ford directed attention to executive summaries and financial statements
appearing in the meeting materials. The motion to accept the audit of
the General Fund and MCLE Fund had carried previously in the session (See
"III. Treasurers Report").
C. Action on the Recommendation to adopt a Policy on Suspected Theft,
Dishonesty or Other Misconduct
After a brief presentation and discussion on this report, CLE Board Chair
Karna Peters reported that, during debate of a similar policy under consideration
for the CLE Board, some members had expressed concern that specific language
might be overbroad. Floor discussion on the proposal before the Assembly
also identified issues that some delegates believed warranted additional
study.
A motion was then made, seconded, and carried to recommit this report
to the Operations Committee, with a suggestion that the committee consult
with the CLE Board.
Mr. Ford then presented a new district outreach proposal. The proposal
called for funding for meetings in Detroit Lakes and Dakota County. A
motion was made, seconded, and carried to approve funding for the program.
X. Announcements
A. Notice of election of two client representatives to the Minnesota Voluntary
Attorney Program Board.
XI. Adjournment
The meeting was adjourned at 3:40 p.m.
Respectfully submitted,
Leo I. Brisbois
Secretary
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Last Updated 8/17/07 -
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