Minnesota State Bar Association

MSBA Family Law Section
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2007-08: 09/08/07 | 10/13/07 | 11/10/07 | 12/08/07 | 01/12/08 | 02/09/08 | 03/08/08 | 05/10/08
2006-07: 09/09/06 | 10/14/06 | 11/11/06 | 01/13/07 | 02/10/07 | 04/14/07
2005-06: 05/13/06 | 04/08/06 | 03/11/06 | 02/11/06 | 01/14/06 | 12/10/05 | 11/12/05 | 10/08/05 | 09/10/05
2004-05: 05/14/05 | 04/09/05 | 03/12/05 | 02/12/05 | 01/08/05 | 12/11/04 | 11/13/04 | 10/09/04| 09/11/04
2003-04: 05/08/04 | 03/13/04 | 01/10/04 | 12/13/03 | 11/08/03 | 10/11/03 | 9/13/03
2002-03:5/10/03 | 3/8/03 | 2/8/03 | 1/11/03 | 12/14/02 | 11/9/02 | 10/12/02 | 9/14/02
2001-02:5/10/02 | 3/9/02 | 1/12/02 | 12/8/01 | 10/13/01 | 09/08/01
2000-01: 5/12/01 | 3/19/01 | 1/13/01 | 12/9/00 | 11/11/00 | 10/14/00 | 9/9/00
1999-2000: 5/13/00 | 3/29/00 | 3/11/00 | 2/12/00 | 1/8/00 | 12/11/99 | 9/9/99 | 7/1/99
1998-99: 1/9/99 | 12/12/98 | 11/14/98 | 10/10/98 | 9/12/98 | 6/25/98 | 2/14/98

a. Section Officers: The current Section Officers were recognized for their service. The 2008-2009 slate of Officers was approved by the Section at the Family Law Institute on April 1, 2008, and announced at today’s meeting. The new Officers are:

          Chair: Tami Peterson
          Chair-Elect: Pamela Waggoner
          Vice Chair, Legislative Committee: Glen Norton
          Vice Chair, Publications Committee: Linda Wold
          Secretary: Kathleen Murphy
          Treasurer: Ryan Anderson
          Greater Minnesota Member: Gary Voegele, Barbara Runchey, Margaret Erickson

b.       Joint Physical Custody Study Group: The Section will submit a letter to the Chief Justice of the Supreme Court requesting that a Section representative be appointed to the Joint Physical Study Group, which is expected to be mandated by legislation this session. The Study Group will be charged with considering the impacts of a presumption in favor of joint physical custody in Minnesota, and delivering its recommendations in January 2009.

c. Section Collaboration with AAML – MN Chapter: Representatives are meeting to determine the structure for joint projects and general collaboration.

d. Minnesota Justice Foundation Summer Internship Grant: MJF requested $5,000 from the Section to fund a summer internship. The Section has approved this request for the past several years, and the budget can accommodate it.

The “Financial Activity Report For the Nine Months Ending March 31, 2008” was distributed. 2007-2008 was a fiscally successful year.

Peterka vs. Dennis (A07-0165): The Petition to submit an amicus brief on behalf of the Family Law Section and the AAML-MN Chapter was granted by the Supreme Court. The Committee will submit the final draft on May 16, 2008, and will have it posted on the Section website. The issue relates to quasi-judicial immunity of court-appointed officials.

b.       Domestic Abuse: Ellen Abbott

The Committee meets after every Section meeting. Section members are encouraged to attend. Lunch is provided.

The Committee meets 8:45 – 9:15 A.M., prior to Section meetings. The Committee is in the process of recruiting chairs to work on implementing specific strategic plan goals.

The topic for the first issue in 2008 will be “Children in the System.” Articles will cover a broad range of topics relating to the nexus between programs and services for children and legal issues (eg., child protection, school programs/services, adoption,…). Several authors have already committed.

Dan Ventres announced that his office-mate, Peter Taylor, a long-time active
Section member and former Officer, has been ill. The Section will follow-up.

The Petition for Review of McDaniel v. McDaniel, A06-2446 (Minn. Ct. App. February 26, 2008. Unpublished), was denied by the Supreme Court. The issue related to upholding a Karon waiver.

ADJOURN
MOTION to adjourn
SECOND
PASSED

Meeting adjourned at 10:25 A.M. This was the final meeting for 2007-2008. Meetings will resume in September 2008.

a. Coordination between the Family Law Section and the American Academy of Matrimonial Lawyers – MN Chapter (AAML): The AAML – MN Chapter’s application for associate membership of the MSBA was approved. The joint committee of the MSBA Family Law Section and the AAML-MN Chapter will facilitate collaboration on legislative initiatives, amicus briefs, and other projects as appropriate.

b. April Section Meeting: The April meeting is CANCELLED due to the Family Law Institute.

c. Family Law Institute: The Family Law Institute is 3/31-4/1/08, River Center, St. Paul. Pre-registrations have exceeded previous years. Attendance is expected to be high.

The Committee will meet during the Family Law Institute to work on implementing the strategic plan. When finalized, the plan will be presented to the Section for approval.

The “Financial Activity Report for the Six Months Ending December 31, 2007” was distributed. A verbal report is reserved until the next meeting, as the Treasurer is out of town.

Peterka vs. Dennis (A07-0165): The Petition to submit an amicus brief on behalf of the Family Law Section and the AAML-MN Chapter was filed with the Supreme Court. The issue relates to quasi-judicial immunity of court-appointed officials.

b.       Domestic Abuse: Ellen Abbott

The Committee meets after every Section meeting. Section members are encouraged to attend. Lunch is provided.

The Committee meets 8:45 – 9:15 A.M., prior to Section meetings. The Committee continues to work on leadership development and several other items.

The Solo/Small firm issue of the Family Law Forum will be ready for distribution within the next few weeks. It will include eleven articles, plus an “Extras Section.”

The Pro Bono issue is set to be published May 15, 2008. Nine authors have committed to submitting articles.

MOTION: To approve the legislation as amended to be HF 3449 and HF 3448
SECOND
PASSED

6. Presumption in Favor of Joint Physical Custody: HF 1262 was heard on 2/28/08. Current status is that the bill was amended to mandate a Comprehensive Family Court Process Study, which must be completed by January 15, 2009. Another hearing is scheduled for 3/12/08. No hearing is scheduled for the companion bill, SF 1606.

7. New Legislation: The Section reviewed and took action on the following bills:

i. HF 2494: Courts prohibited from considering a parent’s military status when determining child custody or parenting time.

MOTION: To oppose HF 2494.
SECOND
Discussion: Legislative Chair Glen Norton will be asked to follow this bill and represent the Section in opposing it if a hearing is scheduled.
PASSED
ABSTAIN - 1

ii. HF 3101: Increased criminal penalty for violation of domestic
abuse no contact order.

Action: Referred to the Section’s Domestic Abuse Committee for analysis and recommendation.

iv. SF 2176: Child support full compliance with payment agreements requirement. No action taken.

Briefly discussed McDaniel v. McDaniel, A06-2446 (Minn. Ct. App. February 26, 2008. Unpublished). If a Petition for Supreme Court review is filed, the Section may consider submitting an amicus brief. The issue relates to upholding a Karon waiver.

ADJOURN
MOTION to adjourn
SECOND
PASSED

Meeting adjourned at 10:23 A.M. Next meeting is Saturday, May 10, 2008.

a. Coordination between the Family Law Section and the American Academy of Matrimonial Lawyers – MN Chapter (AAML): Cheryl attended a meeting to discuss/plan a structure to facilitate coordination. A Joint Committee was formed to determine the projects/issues on which the two organizations will collaborate. Section members on the Committee are Cheryl Prince, Section Chair, Tami Peterson, Section Chair-Elect, Glen Norton, Section Legislative Vice Chair, and Ryan Anderson, Section Treasurer and Liaison to AAML. Ryan will attend the monthly AAML meetings in his liaison capacity.

b. April Section Meeting: The April meeting is CANCELLED due to the Family Law Institute, unless action is required from the Legislative Committee. Notice will be posted on the website.

c. Family Law Institute: The Family Law Institute is 3/31-4/1/08, River Center, St. Paul. Over 400 participants have pre-registered to date. This is higher than usual.

The “Financial Activity Report for the Six Months Ending December 31, 2007” was distributed. The budget is on target. For more information about the budget, contact Ryan Anderson.

Peterka vs. Dennis (A07-0165): The Supreme Court may review the Court of Appeals decision to not uphold the trial court decision that court-appointed neutrals have quasi-judicial immunity. The Committee recommends filing an amicus brief to advocate the position that the Appellate decision should be reversed because neutrals are critical to the judicial process.

MOTION: (Mary Lauhead) The Committee may bring a Petition to the Supreme Court for approval to file an amicus brief in support of upholding the trial court’s decision that court-appointed neutrals have quasi-judicial immunity.
SECOND
Discussion
MOTION FOR FRIENDLY AMENDMENT: (Steve Arnott) The Committee’s Petition may be submitted provided the Petition for Review has been accepted by the Supreme Court.
SECOND
PASSED
ABSTENTIONS: 4

The Committee will discuss collaborating with the AAML if the amicus brief goes forward.

b. Domestic Abuse: Loretta Frederick

The Committee meets 8:45 – 9:15 A.M., prior to Section meetings. The Committee continues to work on leadership development and several other items.

Extensive discussion re: the Section’s position. Concern was raised that taking action at the legislature is premature.

MOTION: (Mary Lauhead): Section Position Statement - The Family Law Section supports the formation of a Task Force by the Supreme Court to study the ramifications of custody labels relative to Minnesota Statutes and Federal Law, as well as the experience of other states which have statutorily revised custody designations and related family issues in family court.
SECOND
Discussion
PASSED
ABSTENTIONS: 3

MOTION: The Section recommends that there should be no statutory changes to the current custody designations until the issue has been studied by a Task Force appointed by the Supreme Court.
SECOND
PASSED
ABSTENTIONS: 2

A Legislative Sub-Committee within the Section will be formed to review/analyze the materials from the ad hoc Judicial Committee, and prepare recommendations to the Section. To volunteer, contact Glen Norton as soon as possible: glen@glenanorton.com

None.

ADJOURN
MOTION to adjourn
SECOND
PASSED

Meeting adjourned at 10:35 A.M. Next meeting is Saturday, March 8, 2008.

a. Distinguished Family Law Section Member Award: Gary Weissman will be nominated for his exemplary work in family law. The Committee will work on the logistics for bestowing the award.

b. Accessibility of Section Minutes: Section Minutes are posted on the MSBA website and are available to the public as a public service. This protocol will continue.

c. March and April Section Meetings: Scheduled as usual, however, the March and April meetings may be cancelled if there is no legislative or other agenda item. Members should monitor the website for a cancellation notice.

The “Financial Activity Report For the Five Months Ending November 30, 2007” was distributed. The budget is on target. For more information about the budget, contact Ryan Anderson.

The Supreme Court denied the Petition for review and the Committee’s request to submit an amicus brief for Wickhem, A06-1784.

The Committee was approached regarding an Appellate case involving a buy-sell agreement for a family farm cooperative and the dissolution of marriage between two of the owners. The Committee was divided as to a recommendation. No Motion was made by the Section to intervene.

b.       Domestic Abuse: Loretta Frederick

Ellen Abbott reported that the Committee is preparing the Section’s position paper on the proposal being considered by the Minnesota Supreme Court Advisory Committee to allow cameras in the courtroom. The submission deadline is January 18, 2008. For more information or to submit comments to the Section, contact Ellen Abbott.

The Committee is preparing talking points to address the anticipated bills and current court initiatives regarding physical custody.

Committee meetings are from 12:00 Noon – 1:30 P.M., immediately following the Section meeting. Members are encouraged to attend.

The Committee meets 8:45 – 9:15 A.M., prior to Section meetings. The priority is leadership development. Members are encouraged to attend.

d. Publications: Linda Wold

The Family Law Forum issue on Domestic Violence was well-received. Linda was commended for her excellent work.

2/08 (topic - Solo-Small Office Practitioners; 14 articles submitted)
5/08 (topic – Pro Bono Family Law Services; 7 authors committed)
Fall: The Legislative Committee will coordinate to provide a recap and commentary on the 2008 legislative session.

The following legislative proposals from the Section were presented and approved at the MSBA Assembly on 12/14/07:

1) Spousal Maintenance: Calculating spousal maintenance after the child support calculation is completed;

2) Child Support: Amending the child support guidelines such that when the self support reserve provision applies, both parties are at the same percent of the federal poverty level after transfer of child support;

3) Social Security Numbers: Deleting the statutory requirement that Social Security Numbers be listed in Petitions.

The MSBA Legislative Committee took the following action on the Section’s remaining proposals:

1) Assisted Reproduction: Recommend adoption provided the Health Law Section does not object;

2) Gestational Surrogacy Act: Recommend adoption provided the Health Law Section does not object;

3) Reporting Home Mortgage Information: Sent back to the Section for further study and coordination with the Real Estate Section;

4) Filing Fees: Sent back to the Section for study, and the Section should make its concerns known to the MSBA President. However, the proposal may be in conflict with the standing resolution that the MSBA supports adequate funding for Minnesota courts;

5) Enforcement of Spousal Maintenance Orders: Sent back to the Section for study regarding the fiscal implications. The Section’s Legislative Committee will seek more information from Lloyd Grooms about this issue;

6) Life Insurance Trusts: Sent back to the Section for further study and coordination with the Probate Section.

The Judicial Ad Hoc Committee to Delete “Physical Custody” from Minn. Stat. 518, 518A, 257, and 257C, is in the analysis phase. The Section’s Domestic Violence Committee prepared an extensive analysis regarding the impact on domestic violence victims of removing the physical custody label. Members’ comments have been forwarded to the Judicial Ad Hoc Committee. For additional information, contact Glen Norton.

Ellen Abbott announced that the Nominating Committee is preparing a slate of nominations for leadership positions in the Section. If interested in serving, contact Ellen Abbott.

Ellen Abbott announced that the ADR Ethics Board is exploring a statewide initiative to address family law issues in ADR. To provide ideas or input, contact Ellen Abbott or Gary Voegele.

ADJOURN
MOTION to adjourn
SECOND
PASSED

Meeting adjourned at 10:31 A.M. Next meeting is Saturday, February 9, 2008.

1. Welcome and Introductions - Members present: Ellen A. Abbott, David Ahlvers, Ryan D. Anderson, Stephen Arnott, Jeannie Blatz, Marisela Cantu, Johanna Clyborne, Margaux Coady, Michael Dittberner, Jaime Driggs, Don Enockson, Margaret Erickson, Loretta Frederick, Rana Fuller, David Gapen, Mike Heise, Robert Himle, Robert Himle, Mary Kate Kelley-Scheidler, Mary Louise Klas, Bruce Kennedy, Holly Knight, Karen Kugler, Mary Lauhead, Kathleen Murphy, Glen Norton, Dan O’Connell, Cheryl Prince, Tami Peterson, Kara Reike, Kim Robinson, Rebecca Rossow, Barb Runchey, Gary Voegele, Tom Walsh, Linda Wold, Tiffane Wolter.

a. Supreme Court Task Force re: Use of Cameras in the Courtroom: This Task Force was formed by the General Rules of Practice Committee to make recommendations in response to media proposals to allow use of cameras in the courtroom. Comments are being accepted. The Section discussed and voted on a position. A written submission will be drafted by the Domestic Violence Subcommittee and presented to the Section for review and approval at the next meeting.

MOTION to oppose cameras in the courtroom for family law matters, including juvenile court proceedings such as CHIPS, delinquency, adoption,…
SECOND
PASSED

b. American Academy of Matrimonial Lawyers (AAML) – MN Chapter, application for affiliate membership of the MSBA: Dan O’Connell presented the AAML initiative to the Executive Committee and to the Section. A lengthy discussion followed.

MOTION to support the AAML’s request for affiliation with the MSBA
SECOND
PASSED

c. Family Law Institute 2008: 3/31- 4/1/08, River Center, St. Paul. Keynote speakers: Constance Ahrons, author of The Good Divorce, limited keynote speaker and break-out sessions: Donna Beegle, author of See Poverty, Be the Difference. Program tracks will include an expert track, child support, practice management, trial practice, and property issues.

The “Financial Activity Report for the Four Months Ending October 31, 2007” was distributed.

The Committee filed a request to submit an amicus brief for Wickhem v. Wickhem, A06-1784. Opposing counsel has filed a Motion to deny the request. The issue is imputation of income of a full-time homemaker. No action to be taken until the Supreme Court rules on the Petition for review and the Motions re: the amicus brief.

b.       Domestic Abuse: Loretta Frederick

In response to anticipated custody bills and current court initiatives re: custody and parenting, the Committee continues to develop talking points re: the impact of these initiatives when there is domestic abuse. Meetings are immediately following the Section meeting.

The Committee met 12/8/07. The priority is leadership development. The Nominations Committee will meet this month to identify prospective Committee Chairs.

d. Publications: Linda Wold

The Family Law Forum issue on Domestic Violence have been distributed (970 copies), and posted on the Section website. This issue consists of 12 articles and a substantial Resources section. Two additional Family Law Forum issues will be published:

2/08 (topic - Solo-Small Office Practitioners; 12 articles submitted)
5/08 (topic – Pro Bono Family Law Services; 7 authors presently committed)

The Section’s legislative proposals were vetted by the General Assembly on 11/29/07. The Assembly’s final recommendations have not been released yet, but the anticipated results are as follows:

i. Spousal Maintenance: That spousal maintenance be calculated after the child support calculation is completed: ASSEMBLY RECOMMENDATION: Adopt.

ii.       Child Support and Calculating the Self Support Reserve: That the child support guidelines be amended such that if the self support reserve provision applies and the result is that the obligee and children fall below 120% of the Federal Poverty Guidelines, then child support should only be reduced to the point at which the obligor and obligee are equally below 120% of the Federal Poverty Guidelines.
ASSEMBLY RECOMMENDATION: Adopt.

iii.      Social Security Numbers and Privacy: That the statutory requirement that Social Security Numbers be listed in the        Petition be deleted.
ASSEMBLY RECOMMENDATION: Adopt.

iv. Assisted Reproduction: That Minn. Stat. 257.56 be amended such that sperm donors, embryo donors, and ovum donors are treated equally under the child support and parentage statutes.
ASSEMBLY RECOMMENDATION: Adopt, provided that the Health Law Section does not object.

v. Gestational Surrogacy Act: That new legislation be created to provide procedural protocols for and enforceability of gestational surrogacy agreements.
ASSEMBLY RECOMMENDATION: Adopt, provided that the Health Law Section does not object.

vi. Reporting Home Mortgage Information: That a statutory provision be created to limit credit reporting of mortgage information on non-owning former spouses.
ASSEMBLY RECOMMENDATION: Send back to the Section for further study and coordination with the Real Estate Section.

vii.     Filing Fees: That a moratorium be placed on all increases to dissolution filing fees.
ASSEMBLY RECOMMENDATION: Send back to the Section for further study; make concerns known to the MSBA President, and consider the MSBA’s standing contradictory position that it supports adequate funding for Minnesota courts.

viii.     Enforcement of Spousal Maintenance Orders: That DHS enforcement of maintenance orders and child support orders must be equal.
ASSEMBLY RECOMMENDATION: Send back to the Section for study re: fiscal impact.

ix. Life Insurance Trusts: That the statute allow but not require divorcing parents to utilize a pre-defined life insurance trust to provide for the future financial stability of the minor children.
ASSEMBLY RECOMMENDATION: Send back to the Section for further study re: insurance-funded trusts and coordination with the Probate Section.

a. Report on Judicial Ad Hoc Committee to Delete “Physical Custody” from Minn. Stat. 518, 518A, 257 and 257C: This Committee is proceeding forward. Glen Norton will convene a volunteer, informal task force to compile comments from Section members and draft a position statement for review and approval at the next meeting. Section members should e-mail comments/concerns to: glen@glenanorton.com.

David Aldrich presented a proposed resolution that the MSBA create a task force to make recommendations to address the disparity between legal rights and protections available to same-sex couples as compared to different-sex couples. It is anticipated that the resolution will be presented to the General Assembly at the MSBA Convention in June 2008.

MOTION to support the resolution
SECOND
PASSED

ADJOURN
MOTION to adjourn
SECOND
PASSED

Meeting adjourned at 11:00 a.m. Next meeting is Saturday, January 12, 2008.

1. Welcome and Introductions - Members present: Ellen A. Abbott, Reed Ackerman, Ryan D. Anderson, Stephen Arnott, Beth Barbosa, Jeannie Blatz, Marisela Cantu, Margaux Coady, Michael Dittberner, Jaime Driggs, Mary Drummer, Margaret Erickson, Mary Fenske, Loretta Frederick, Rana Fuller, Mike Heise, Robert Himle, Jennifer S. Homer, Robert Himle, Mary Kate Kelley-Scheidler, Bruce Kennedy, Holly Knight, Karen Kugler, Sonja Larson, Bob Manson, Bill Mullin, Kathleen Murphy, Glen Norton, Melvin Ogurak, Cheryl Prince, Tami Peterson, Jay Ramos, Kara Reike, Barb Runchey, Carrie Skrip, Steve Snyder, Peter M. Taylor, Gary Voegele, Tom Walsh, Ellen Weinberg, Linda Wold, Tiffane Wolter.

2. Approval of October 13, 2007 minutes - Minor corrections, Motion to approve as amended, Second, Passed.

a. Family Law Institute 2008: 3/31- 4/1/08, River Center, St. Paul. Keynote speakers: Constance Ahrons, author of The Good Divorce, and Donna Beegle, author of See Poverty, Be the Difference. Program tracks are being developed, including an expert track, child support, and property issues.

b. The current Section priority is to increase membership and active involvement. More voices and diverse perspectives enhance the Section’s effectiveness. Members are encouraged to bring a prospective member to Section meetings (Incentive: chocolate!).

The “Financial Activity Report For the Three Months Ending September 30, 2007” was distributed. Budget is on track. There are sufficient funds for anticipated expenses for the remainder of the fiscal year, including publication of 3 more Family Law Forum issues.

Michael Dittberner reported that Gary Weissman contacted the Committee regarding a case that is going to the Supreme Court for review (Wickhem v. Wickhem. Filed 10/16/07). The issue is imputation of income of a full-time homemaker. The Committee supports becoming involved.

MOTION to prepare an amicus brief
SECOND
PASSED

In preparation for various custody bills that may be introduced at the 2008 legislative session, the Committee is developing talking points re: the impact of these proposals when there is domestic abuse in the family. Meetings are immediately following the Section meeting. Lunch is provided. Members are encouraged to join this Committee. Contact Loretta Frederick.

The Committee met 11/10/07. The priority is to promote leadership within the Section. Meetings are at 8:45 a.m., just prior to Section meetings, and are open to members. Members are encouraged to join this Committee. Contact Ellen Abbott.

The Family Law Forum issue on Domestic Violence will be distributed during the last week of November. Two additional Family Law Forum issues will be published:
2/08 (topic - Solo-Small Office Practitioners)
5/08 (topic – Pro Bono Family Law Services

Members are encouraged join this Committee and/or submit articles. Contact Linda Wold.

i. Report on Judicial Ad Hoc Committee to Delete “Physical Custody” from Minn. Stat. 518, 518A, 257 and 257C: The proposal will be submitted to the Minnesota Judicial Counsel. Section members should e-mail comments/concerns to Glen Norton: glen@glenanorton.com.

ii. Legislative Proposals from Other Sections: The Committee will meet and prepare comments as needed.

iii. Family Law Section Legislative Proposals: Bill summaries have been sent to other Sections and the Assembly. The Assembly will meet on 12/14/07 to decide whether to adopt the Family Law Section’s proposals. The legislature convenes on 2/12/07.

iv. Spousal Maintenance: The Section supports a proposal that spousal maintenance should be calculated after the child support calculation is completed. The proposal has been submitted to the Assembly.

v.       Child Support and Calculating the Self Support Reserve: The Section supports a proposal to amend the child support guidelines such that if the self support reserve provision applies and the result is that the obligee and children fall below 120% of the Federal Poverty Guidelines, then child support should only be reduced to the point at which the obligor and obligee are equally below 120% of the Federal Poverty Guidelines. The proposal has been submitted to the Assembly.

vi.      Assisted Reproduction: The Section supports amending        Minn. Stat. 257.56 such that sperm donors, embryo donors,     and ovum donors are treated equally under the child support and parentage statutes. The proposal has been submitted to    the Assembly.

vii. Gestational Surrogacy Act: The Section supports a proposal to create new legislation to provide procedural protocols for and enforceability of gestational surrogacy agreements. The proposal has been submitted to the Assembly.

viii. Reporting Home Mortgage Information: The Committee recommended supporting a new proposal to limit credit reporting of mortgage information on non-owning former spouses.

MOTION to approve legislation limiting the credit reporting or mortgage information for former spouses who no longer own or are obligated under a Dissolution Decree for that mortgage.
SECOND
PASSED

ix. Filing Fees: The Committee recommended supporting a new proposal to reduce filing fees for Dissolution actions because the fees are becoming increasingly prohibitive. It is anticipated that the legislature will consider a proposal to increase filing fees again to finance additional supervised visitation and parenting time exchange centers. The Section does not oppose the funding of additional centers.

MOTION to support legislation to reduce filing fees for dissolution actions, but not oppose the funding of additional supervised child visitation and exchange centers.
MOTION TO AMEND: Amend Motion such that the Section supports a moratorium on all increases to dissolution filing fees.
MOTION to accept the Amended Motion
SECOND
PASSED Motion as Amended

x. Social Security Numbers and Privacy: The Committee recommended deleting the requirement that Social Security Numbers be listed in the Petition. Best practice is to list the SSN only in the Confidential Information Form. This measure will cause the law to conform to best practice.

MOTION to support legislation deleting the requirement that Social Security Numbers be listed in the Petition for Dissolution.
SECOND
PASSED

xi. Life Insurance Trusts: The Committee recommended a proposal to provide an alternative method for divorcing parents to secure their children’s future. The measure allows parents to agree to require each other to set up an insurance-funded trust for the minor children, thereby avoiding probate court. The present method is for divorcing parents to name their children as insurance beneficiaries. This presents a problem if a child is a minor when the settlement is paid because probate court must be involved.

MOTION to support legislation creating a pre-defined standardized life insurance trust for minor children of divorcing parents.
MOTION TO AMEND: Amend Motion to include language that the court may not require the parties to agree to utilize the life insurance trust.
SECOND
PASSED Motion as Amended

xii. Relocation: The Committee recommended supporting a proposal to create a defined protocol for courts to follow if a custodial parent seeks to move the child to another state.

MOTION to support legislation amending Minn. Stat. 518.175, subd. 3, defining a specific protocol for relocation cases.
MOTION to table.
SECOND Motion to table
PASSED Motion to table

xiii. Enforcement of Spousal Maintenance Orders: The Committee reaffirmed that the Section approved a proposal to require equal enforcement of maintenance orders and child support orders. This measure will ensure that the mother/father in need of support has the same protections as the child in need of support. The proposal has been submitted to the Assembly.

ADJOURN
MOTION to adjourn
SECOND
PASSED

Meeting adjourned at 11:00 a.m. Next meeting is Saturday, December 8, 2007.

1. Welcome and Introductions - Members present: Ellen Abbott, Ryan D. Anderson, Beth Barbosa, Jeannie Blatz, Margaux Coady, Michael Dittberner, Jaime Driggs, Margaret Erickson, Ron Frauenshuh, Loretta Frederick, Rana Fuller, Mike Heese, Robert Himle, Jennifer Homer, Judth H. Johnson, Mary Louise Klas, Bruce Kennedy, Sonja Larson, Bill Mullin, Kathleen Murphy, Glen Norton, Heidi Rivkin, Barb Runchey, Steve Snyder, Peter M. Taylor, Letty VanErt, Diana Villela, Gary Voegele, Linda Wold.

2. Approval of September 8, 2007 minutes - Motion to approve, Seconded, Passed.

a. The November 10 Section CLE will be the mentor/mentee dialogues. Family law practitioners with 10+ years of experience will be available for one-on-one conversations with newer practitioners. To sign up, contact Kayla Jurrens at the MSBA.

b. Family Law Institute: 3/31- 4/1/08, River Center, St. Paul. An interesting program is taking shape. Keynote speakers: Constance Ahrons, author of The Good Divorce, re: the effect of divorce on children. Donna Beegle, author of See Poverty, Be the Difference, re: her inspiring story and work on ending poverty.

The Legislative Committee met 10/11/07, and addressed a lengthy agenda.

i. Proposed tax on legal services. The Committee recommended that the Section oppose this tax as an excessive burden on parties, firms, and practitioners. Also, the unfairness of singling out individuals with family law matters by imposing a tax is poor public policy.

MOTION to oppose the tax on legal services and request that the Bar Association advocate against this tax at the Minnesota legislature.
SECOND
MOTION PASSED

ii. Hennepin County Judicial Committee to explore deleting the custody label in MN Statutes: This Committee has been disbanded, and will be replaced by a Blue Ribbon Panel.

iii. Joint Physical Custody: Anticipating that legislation may be introduced at the 2008 Session to add a presumption in favor of joint physical custody, the Section re-affirmed it’s firm/consistent opposition. No further Section action required at the 10/13/07 meeting.

iv. Child Support Calculations Legislative Sub-Committee: Glen Norton and Kathleen Murphy. Legislative Proposal X07 was presented. This proposal includes one substantive change to the prior proposal that was approved by the Section 12/6/06. The substantive change was to add language to MN. Stat. 518A.34, Subdivision 1, [Deviations], as suggested by Sen. Neuville.

MOTION to approve Proposal X07 and support a change in the law such that if the self support reserve provision applies     and the result is that the obligee and joint children fall below 120% of the Federal Poverty Guidelines, then the child           support obligation should only be reduced to the point at which the household income of the obligee with the joint children and the household income of the obligor are equally         below 120% of the Federal Poverty Guidelines, and also to request that the Bar Association advocate for this proposal at the Minnesota legislature.
SECOND
MOTION PASSED

v. Spousal Maintenance Calculation: Glen Norton and Michael Dittberner. Proposal to support a change in the law, so that spousal maintenance is calculated after child support is determined in the same case. The proposed change will reduce the circular calculations presently required, simplify      the process, and reduce attorney fees.

MOTION to support a change in the law so that spousal maintenance is calculated after child support is determined in the same case, and request that the Bar Association advocate for this proposal at the Minnesota legislature.
SECOND
MOTION PASSED

vi. Ovum Donors/Assisted Reproduction Legislative Proposal: Glen Norton and Steve Snyder. Proposal to change MN. Stat. 257.56 so that ovum donors and sperm donors are treated equally in assisted reproduction cases, as previously approved by the Section, and as a substantive change proposed on 10/13/07, to also add embryo donors for equal treatment in these cases.

MOTION to substitute the revised proposal for the previously approved proposal, and to request that the Section ask the Bar Association to advocate for the revised proposal at the Minnesota legislature.
SECOND
MOTION PASSED

vii. Gestational Carriers Proposal: Glen Norton and Steve Snyder. Proposal to create a law (Gestational Carriers Act) that establishes consistent standards and safeguards that protect parties involved in a surrogacy contract and confirm the legal status of children born as a result of these contracts.

MOTION to support this proposal and request that the Bar Association advocate for it at the Minnesota legislature.
SECOND
MOTION PASSED

Anticipating legislative proposals this session to support a presumption in favor of joint physical custody, the Committee is developing talking points re: the impact of joint physical custody when there is domestic abuse.

The Committee met 10/13/07. Meetings are open to Section members. Members are encouraged to join the Committee. Contact Ellen Abbott.

9 articles will be published in the 11/07 Family Law Forum on Domestic Violence. Two additional Family Law Forum issues will be published:
2/08 (topic - Solo-Small Office Practitioners)
5/08 (topic – Pro Bono Family Law Services)

MOTION to adjourn
SECOND
MOTION PASSED - unanimous

6. Meeting adjourned at 10:29 a.m. Next meeting is Saturday, November 10, 2007.

1. Welcome and Introductions - Members present: Ellen Abbott, Ryan D. Anderson, Stephen Arnott, Mansela Curtin, Gary Debele, Mike Dittberner, Jaime Driggs, Mary Drummer, Don Enochson, Margaret Erickson, Loretta Frederick, Rana Fuller, Curtis Herbert, Lisa D. Hill, Robert Himle, Melinda Hugdahl, Judy Johnson, Natasha Karn, Eileen Krenner, Bruce Kennedy, Colin Kreuziger, Mary Lauhead, Dana McKenzie, Bill Mullin, Robert Manson, Yvonne Moore, Kathleen Murphy, Glen Norton, Tami Peterson, Kimberly Robinson, Barb Runchy, Danielle Shelton, Steve Snyder, Greg Troy, Gary Voegele, Pamela Waggoner, Allen Wadd, Linda Wold.

b. Per the Strategic Planning Committee, this year’s focus will be development of leadership within the Section.

c. Disseminated MSBA “Grassroots Action” forms to provide member contact information to the MSBA that will be used to organize membership during legislative session.

The Section came in under budget last year due to lower expenses. See Financial Activity Report For the Twelve Months Ending June 30, 2007.

Robert Manson, attorney for Appellant, reported on recent custody case (Schuyler v. Pihlman. Unpubl. Affirmed). Committee participation was not recommended.

The new brochure to assist victims with hiring an attorney is posted on the Section’s website. DA Screening Tools were disseminated at the Family Law Institute and the MSBA Convention. Meetings are immediately after Section meetings. Lunch is provided.

Per the Strategic Planning Committee, this year’s priority is to enhance/promote leadership within the membership. Meetings will be prior to every Section meeting, and will start at 8:45 am. Members are encouraged to participate. Anyone interested should contact Kayla Jurrens at the MSBA.

The first 2007 issue of the Family Law Forum is at the printer.
The next 2 issues are being developed. Cheryl Prince will check with our MSBA liaison re: posting the articles on the Section website. This will be in addition to the hard copy, which will be mailed to all Section members.

The first meeting was held on 9/6/07, 7:30 am at the MSBA. To increase participation, it was decided that future meetings will be held at 5:30 -7:30 pm, on the Thursday before Section meetings, at the MSBA. Two items that were approved by the Section last year will be submitted to the MSBA Legislative Committee to request support during the 2008 session: the Section’s Child Support Calculations Work Group Proposal to revise the Self Support Adjustment, and the Ovum Donor legislative proposal prepared by Steve Snyder.

The Committee anticipates that legislation will be proposed that provides for a presumption in favor of joint physical custody. The Section has discussed this at past meetings and voted to oppose such a presumption.

A Hennepin County Court legislative initiative is seeking to eliminate the custody label, with the belief that this will reduce conflict between parents. Glen Norton and Pamela Waggoner were invited to participate. Glen agreed to keep the Section informed.

i.        2008 Family Law Institute - Cheryl Prince announced that 730 people attended last year, and programming is being planned to even further increase the numbers. Dates are March 31-April 1, 2008, at the River Center, St. Paul. Keynote speakers being considered are Constance Ahrons,    author of “The Good Divorce,” re: the impact of divorce on     children, and Donna Beegle re: poverty and family law. Members with suggestions for speakers/topics should contact the Section leadership or Tim Morrow at MNCLE.

ii.       Hennepin County Court Proposal to Promote Co-Parenting in IV-D cases - Ellen Abbott brought this to the attention of the Section. The goal is to train unmarried parents with custody disputes (IV-D docket) to parent collaboratively. Programming is through the U of M Extension Service. Cheryl Prince will send a letter to the Judges to remind them that the Section is interested and available to participate.

iii. DHS $25 fee assessed to child support obligees – Pamela Waggoner brought this to the attention of the Section.

                             MOTION to adjourn: Glen Norton
                             SECOND: Tami Peterson
                             MOTION PASSED - unanimous

6.       Meeting adjourned at 10:35 a.m. Next meeting is Saturday, October 13, 2007.

Members present: Ellen Abbott, Ryan Anderson, Stephen Arnott, Jeannie C. Blatz, Mike Dittberner, Jaime Driggs, Mary Drummer, Donald Enockson, Margret Erickson, Rana Fuller, Amy Helsene, Lisa Hill, Ruth Honkanen, Melinda Hugdahl, Bruce Kennedy, Mary Louise Klas, Karen Kugler, David Mortensen, Susan Mundahl, Kathleen Murhpy, Jennifer Nodes, Glen Norton, Cindy Perusse, Tami Peterson, Erin Stephens, Peter Taylor, Dan Ventres, Gary Voegele, Sandra Woessner Linda Wold.

Domestic Abuse
May 12, 2007
Noon following Section CLE at MSBA Offices
(lunch will be served upon RSVP)

IMPORTANT NOTICE: THIS IS A DRAFT VERSION OF THE FEBRUARY 10, 2007 MINUTES AND HAS NOT YET BEEN FORMALLY APPROVED BY THE FAMILY LAW SECTION.

2. Introductions and members present: Ellen Abbott, Ryan D. Anderson, Stephen Arnott, Jeannie Blatz, Liz Carlson, Johanna Clyborne, Mansela Curtin, Mike Dittberner, Jaime Driggs, Mary Drummer, Don Enockson, Bill Fehn, Stella French, Loretta Frederick, Rana Fuller, Lisa D. Hill, Melinda Hugdahl, Judy Johnson, Bruce Kennedy, Mary Louis Klas, Mary Lauhead, Mary Lauhead, Bill Mullin, Kathleen Murphy, Glen Norton, Melvin Ogurak, Tami Peterson, Becky Ribich, Barb Runchy, Danielle Shelton, Peter Taylor, Dan Ventres, Pamela Waggoner.

a. On February 8, 2007, Ellen Abbott attended a law school meet & greet event at the MSBA offices and connected with several students interested in family law and interested in attending Section meetings.

b. The MSBA Immigration Law Section has invited Family Law Section members to attend a CLE entitled "Serving Children in a System Designed for Adults." The CLE will be held on Thursday, March 8, 2007 from 12:00 noon to 1:30 pm at the MSBA Offices.

c. The Section received a mentor request from a new attorney handling her first dissolution case. Contact Ellen Abbott if you are interested in providing assistance.

d. The MSBA would like feedback from Section members regarding the new materials posted on practicelaw.org.

b. Domestic Abuse
The Committee will be making a 30 minute presentation during the plenary session of the Family Law Institute regarding domestic abuse risk assessment. An in-depth workshop also will be offered. The brochure for victims seeking to retain legal counsel is complete and will be made available on the Section website. The Committee has been talking to William Mitchell about starting a domestic violence clinic. The Committee is working on creating a training module regarding risk assessment.

c. Strategic Planning
The Committee is working on the following initiatives: (1) developing a mission statement; (2) leadership development within the Committee; (3) establishing liaisons with other Sections; and (4) considering future developments in family law. The Committee's next meeting will be held during one of the lunch sessions at the Family Law Institute. Contact Don Enockson if you are interested in attending.

d. Publications
There are four articles in process and will be submitted by April 1, 2007. Dan Ventres is writing on military issues in dissolution cases; Danielle Shelton is writing on cohabitation; Lisa Bachmeier is writing on relocation; and Amy Helsene is writing on attorney fees or consensual special magistrates.

e. Legislation
Committee anticipates that joint physical custody legislation will be introduced this session. Grandparent visitation legislation has been introduced. Pamela Waggoner and Kathleen Murphy will be meeting with Senator Neuville and Representative Smith on February 13, 2007, regarding equivalency issues with the new child support statute. Bills being considered by the Committee will be posted on the Section website so that members can review them prior to Committee meetings. Committee meetings are held at Pamela Waggoner's office at 333 Washington Avenue North, Suite 405 in Minneapolis.

f. Nominations
The Nominations committee recommended the following slate for the 2007-08 term:

Chair Cheryl Prince
Vice-Chair/Chair Elect Tami Peterson
Treasurer Ryan Anderson
Secretary Kathleen Murphy
Legislative Committee Chair Pamela Waggoner
Publications Committee Chair Linda Wold
Out-State Member at Large Margaret Erickson
Out-State Member at Large Barb Runchey
Out-State Member at Large Gary L. Voegele

Members present: Ellen Abbott, Ryan Anderson, Stephen Arnott, Jeannie C Blatz, Linda deBeer, Michael Dittberner, Jaime Driggs, Mary Drummer, Ron Elwood, Donald Enockson, William Fehn, Ronald Frauenshuh, Loretta Frederick, Rana Fuller, Lisa Hill, Melinda Hugdahl, Timothy Jirak, Judy Johnson, Bruce Kennedy, Mary Louis Klas, Sherri Krueger, Karen Kugler, Mary Lauhead, David Mortensen, Susan Mundahl, Kathleen Murhpy, Jennifer Nodes, Glen Norton, Melvin Ogurak, Cindy Perusse, Tami Peterson, Cheryl Prince, Heidi Rivkin, Barbara Runchey, Sara Runchey, Danielle Shelton, Peter Taylor, Daniel Ventres, Gary Voegele, Pamela Waggoner, Thomas Walsh, Jim Whelpley, Linda Wold, Tifanne Wolter, Linda Wray.

1. Approval of December Minutes
a. Approval of October Minutes with the addition of the members present.
b. Motion to approve minutes by Prince
c. Motion Seconded by Runchey
d. Motion passed by unanimous vote

2. Treasurer's Report: Ryan Anderson
a. Anderson and Voegele are in the process of developing a budget, which is scheduled to be ready for the Section's Executive Committee meeting in February.

3. Report of the Chair: Ellen Abbott
a. Collaborative Law Update
i. A sub-committee of the Family Law Section Executive Committee in conjunction with the Section Executive Committee formulated responses to the Supreme Court Advisory Committee on their proposed General Rules of Practice for Collaborative Law. Rule 114A, and those responses passed unanimously.
ii. Those responses are due on Monday, January 15, 2007.
iii. Those responses will be posted on the Section's website.

b. MSBA Reimbursement Policy
i. The impetus for the MSBA Reimbursement Policy was the change the Family Law Section made to our by-laws 2 years ago.
ii. Policy passed by the MSBA General Policy Committee was: "Members of committees and sections may devote a substantial amount of time to MSBA and MSBA activities related to their committee, section, or otherwise. As an organization of members who volunteer their time to MSBA activities, the MSBA does not compensate members for this time unless approved in advance by the MSBA Assembly or Council. Members are eligible for reimbursement of ordinary and reasonable expenses, including, but not limited to, reasonable travel, lodging and meal expenses and charges for copying, postage and telephone, incurred in connection with participating in MSBA activities related to their committee or section, or otherwise."
iii. This policy will be posted on the Section website
iv. The General Assembly will vote on this policy in March 2007.
v. Any questions about this policy can be directed to the General Assembly Representative Don Enockson or Section Chair Ellen Abbott.

c. Minnesota Mediation Act and Uniform Mediation Act
i. A committee of the Alternative Dispute Resolution Section is working on a coordinated bill to go forward.
ii. When finalized it will be on the Section website.

d. Proposal to Coordinate with other Sections
i. One of the Chair's Family Law Section goals was to coordinate with other sections on CLE's or outreach.
ii. MSBA is moving forward with the proposal and has proposed that three sections (Family Law, ADR, Real Property) do CLE's, all at once, on one topic from three different perspectives.
iii. Cheryl Prince has agreed to be the Family Law Section representative on that planning process with the other 2 sections.
iv. Contact Cheryl Prince with any ideas you might have.

e. Family Law Institute - Cheryl Prince
i. March 29-30, 2007 in ST. Paul
ii. We are finalizing the last of the speakers
iii. There will be four tracks: Basic, Advanced, Trial Practice, Child Support

f. Nominating Committee - Barb Runchey
Slate of officers will be presented at the Family Law Section Meeting in
February and at the Family Law Institute in March
i. Anyone interested in any leadership positions should contact Barb Runchey or Don Enockson.
ii. Positions are: Chair, Chair-Elect, Legislation, Publications, Secretary, Treasurer, 3 At-Large Members
iii. We are interested in leadership development and hope you will talk with the current leaders about leadership involvement.

g. February Meeting
i. It was suggested that in place of the CLE, that we do a "Meet the Mentor"
ii. 10-12 "seasoned" attorneys from the Section agree to talk with newer attorneys in 5-15 minute blocks of time (depending upon how may sign-up)
iii. A sign-up sheet for mentors was passed and we have 10 that have volunteered.

h. Practicelaw.org - Ryan Anderson
i. Child support information is now on the website
ii. Basically the forms are what's currently available
iii. Jennifer Wedel wants your feedback

i. State Website -Melinda Hugdahl
i. It a good place to look for updated forms
ii. Forms on the site are also good for lay persons

j. Get-Well Acknowledgment
i. Julie Craig from SMRLS in Mankato, a long-time Section member, is recovering from an illness.
ii. The Section will acknowledge her with a some small token acknowledgment

4. Committee Reports
a. Amicus - Mary Lauhead & Mike Dittberner
i. Nothing is currently pending.
ii. Goldman v. Greenwood case regarding "removal and that a heightened review will be necessary" is a case we will be watching.
iii. This case also settles the date of the new statute for removal as 8/1/2006.
b. Domestic Abuse - Rana Fuller
i. Working on a training module on risk/lethality assement for the courts, lawyers, and those coming in contact with such cases
ii. Brochure entitled "A Domestic Violence Victim's Guide to Getting a Good Attorney" only needs the artwork. The committee will be working on that at our meeting today at noon.

c. Strategic Planning - Don Enockson
i. An agenda is being developed and the next meeting is scheduled for February 4, 2007, before the Section meeting.
ii. It was suggested that the committee refer back to a past strategic planning weekend notes to offer us current guidance.

d. Publications - Jaime Driggs
i. We are receiving submissions and will be publishing them online after we've reviewed them.
ii. Once we have enough articles/pieces, a hard copy will be published.
iii. Goldman v. Greenwood would be a good topic for an article
iv. Not only are scholarly pieces requested. We also want articles opinion pieces, tips on a particular issue, etc. but all should be publishable.
v. Also, we request you submit topics of interest

e. Legislation - Pamela Waggoner
i. We are in the process of gathering past comments/notes on joint physical custody for discussion at our next committee meeting
ii. There is no current bill regarding joint physical custody at this time
iii. A real estate bill has come forth that we are watching
iv. Kathleen Murphy and myself will be meeting with Senator Neuville to explain to him why this section needs and wants to 'tweak" the child support bill as set forth in "Proposal Y" which was discussed and voted upon last month by this section
v. MSBA keeps a list of grassroots persons to advocate with their own Senators and Representatives on issues. Their form on is the MSBA website. Members are encouraged to fill it out and submit it.

5. New Business
a. MSBA General Assembly - Don Enockson Liaison
i. Mock Trial judges are needed for the High /School program - information is on the website
ii. General Assembly has set-up a rewards program with OfficeMax whereby MSBA members can get a 45-80% discount on products purchased there or online. More information on the MSBA website.
iii. Give some time each month to talk about how the new chills support formula is working.
iv. Nominations are being requested for the David Graves Public Service Award with a deadline for submission being February 16, 2007. Nominations should sent to the MSBA.

b. A practitioner question about what constitutes excessive discovery was posed and was referred to the Holder v. Holder case, Minn. Stat.§518.14 and to pose the question on the listserve for reference and guidance.

Motion by Taylor to adjourn the business meeting.
Motion Seconded by Norton
Motion passed by unanimous vote

Legislative February 8, 2006
5:30 to 7:30 Thursday at
Waggoner Law Office,
401 Washington North
(Free parking and pizza will be served)

Ellen Abbott called the meeting to order at 9:35 A.M.
Introductions of those present.
Veterans present at the meeting were acknowledged.
Announcement was made that if members are unable to attend in person, they can participate by teleconferencing arranged through the MSBA.
Announcement was made that the meeting was being tape recorded by the Secretary for the purpose of accurate minutes.

1. Approval of October Minutes with corrections
a. Motion to approve minutes by Ventres
b. Motion Seconded by Kennedy
c. Motion passed by unanimous vote

2. Treasurer's Report:
a. $ 53,596.00 is our current balance as of the end of September.
b. Any questions about the treasure's report can be deferred Ryan Anderson.

3. Report of the Chair and matters arising from the minutes
a. Collaborative Law
i. There is a proposal put forward by the collaborative group, to have a rule that regulates collaborative law. At the September meeting, our only comment back to the General Rules of Practice Committee was that our section did not have sufficient time to give input. The General Rules of Practice Committee is now asking for input from individuals and organizations to their list of 17 questions.

ii. The Family Law Executive Committee determined that we are going to form an ad-hoc committee to address the issue of collaborative law. Cheryl Prince will chair the ad-hoc committee and 3-4 members of the Executive Committee have agreed to serve as committee members. Section members were invited to join that committee also.
iii. The ad-hoc committee will look at those 17 questions and also any other issues that they want to address. The committee will make a recommendation about what position we should take, if we should take a position, or about answering the questions.
iv. The ad-hoc committee will need to act quickly since deadline for submission back to the General Rules of Practice Committee is January 15, 2007. The timeline is that the ad-hoc committee will address the questions in the next few weeks and it will come back to the full Family Law Section at the December meeting for full consideration.
v. Ventres suggested the we look to members that were on the ADR committee from 10 years ago so that there is a continuity between "the and now" when we proposed to the Supreme Court that ADR be mandatory in Family law. Also, we should try to ask a couple of judges to sit on this committee since they will be working most intimately with the resulting rules.
vi. Prince commented that the committee is only being asked to comment on the proposal and questions, not the process.
vii. It was noted that anyone can respond to the Collaborative Law Proposal and it they were encouraged to do so. The proposal can be found on the MSBA website at: http://www2.mnbar.org/sections/family-law/index.htm
viii. In addition, The General Rules of Practice Committee, and Linda Wray, a member of the Family Law and the Collaborative Law sections, can answer any questions you may have about the proposal. The Collaborative Law Committee will circulate answers to those 17 questions to all interested parties.

b. MBSA Volunteer Reimbursement Policy
i. MSBA has set out as policy that would require approval of any expenditure of $250.00 or more by any section member, and where prior approval will be determined by unknown MSBA staff.
ii. The proposal itself has no standards about what the details are going to be about reimbursement, which will be doing it, how it will be applied.
iii. We have taken the position, on behalf of the section through the Executive Council of the section, to the MSBA Executive Committee, that we are opposed to it and we are preparing a detailed response that will go back to the Policy Committee of the MSBA this week.
iv. Our basic position is that we do not believe the MSBA should be telling the sections how they could spend their money. And if we as a section, decide there should be a reimbursement for something, or if there should be recognition for something, then we should be free to do that.
v. We additionally will be requesting a meeting with the MSBA President to discuss this policy.
vi. The policy arose as a result of this section making the decision 2 years ago to pay an honorarium to the person who does the legislative committee work because of the intense time and effort that is involved in that.

4. Committee Reports
a. Amicus - Mary Lauhead - No report
b. Domestic Abuse Committee - Loretta Fredrick
i. Meeting following the section meeting at noon.
1. New Laws Trainings were very successful and we had six trainings and added a 7th.
2. Outreach to attorneys was well received and we were able to give scholarships to those that agreed to take a pro bono DA case.
ii. Well received sessions on "How attorneys can make money doing domestic abuse cases" by Glen Norton.

c. Strategic Planning - Don Enockson
i. Purpose of the Committee:
1. is to sense beyond this month, this year; and
2. as how can this section function as a useful tool in your practice and in the bar association
ii. Meetings are scheduled for December 2006, February 2007, May 2007
iii. Members that attend the December meeting will be polled as to what issues are most important to address and work on.

d. Publications - Jaime Driggs
h. Committee has discussed potential topics and articles. Some suggestions followed:
a. Making money from domestic abuse cases?
b. Prosecuting/Defending Spousal Maintenance cases
c. How to NOT jeopardize you client's public assistance
d. Expanding Early Neutral Evaluation to out state areas
e. A "Tips" page
iii. Writers are needed
iv. Forward potential ideas to Jaime Driggs
v. It is undetermined when the next issue will be published - it depends upon how quickly people turn in submissions.
Issues will NOT be devoted to single topics as in the past

f. Practicelaw.org
i. It is available to family law practitioners
ii. What do we want on that site/what tools would be helpful? And what feedback can we give relative to that
iv. MSBA practiclaw.org has asked for section members to volunteer to do work on that site. See Ellen Abbott or Jackie McGlamery or Jennifer Wedel at the MSBA.
v. It was asked if we are limited as to space on the practicelaw website. There are some limits but items can be linked via an index to solve that concern.

g. Legislative - Pamela Waggoner
i. Meets the Thursday prior to the section meeting each month
ii. Legislative session begins January 3, 2007
iii. We are considering a proposal from Kaairn Long from the Minnesota Coalition of Sexual Assault and will bring that to the section after we have completed our deliberations.
iv. Letters will be sent to the new legislators introducing the Legislative Committee, indicating we are here to review legislation to try and to vet legislation by us before it goes to committee for review
v. We do get requests for section backing for legislative proposals and to that end we are developing a format whereby those requests can be submitted to this committee indicating the issue and what it is they are proposing. That form should be on the website before the December meeting.

vi. We do need people who are comfortable in testifying at the legislature. See Ellen Abbott or Pamela Waggoner if you are interested.

vi. MSBA has their Grassroots Network Form on the website as discussed last month.

h. Child Support Impact Sub-Committee - Kathleen Murphy
i. We have 2 proposals but we didn't meet the MSBA deadline so am not sure where they are going to go with the section
ii. The latest development is that there is a formula we can apply after the self-support is adjusted to equalize if you have a big disparity

i. Family Law Institute - Cheryl Prince
i. Committee has met 3 times
ii. There will be a variety of tracks
a. Child Support Track
b. Financial Issues Track
c. Basics Tracks
iii. We are trying to get a room filled with computer so we can test the new child support calculations
iv. Institute will be on March 29 and 30, 2007 at the RiverCenter in St. Paul
j. ABA Convention - Cheryl Prince
i. She attended the last one held in Santa Fe, NM
ii. The meeting was helpful, informative, practical and useful
iii. The next meeting, in the spring, will be in Monterey, CA.
iv. A Joint meeting with the Psychiatric Professionals will be one year from October.
v. As part of the Strategic Planning of our section, officers can be sent to the National meetings.
a. The objective would be to figure out what advantages our section would gain by attending a National meeting
b. Another point is that if we do attend National meetings, we can have an impact on the National agenda being as legislation, rules and changes in how courts function start on a national level.
c. National speakers and their materials can be reviewed at those meetings for our possible use at our yearly Institute.
d. The National meetings are generally "kid-friendly" as to activities and spouses are included too.

5. New Business - None

6. Motion to adjourn by Taylor
a. Motion seconded by Enockson
b. Motion passed unanimously

Legislative December 7, 2006
5:30 to 7:30 Thursday at
Waggoner Law Office,
401 Washington North
(Free parking and pizza will be served)

Child Support Calculations Subcommittee November 29, 2006
11:30 A.M to 1:30 PM Wednesday at MSBA Offices

Domestic Abuse October 14, 2006
Noon following Section CLE
At MSBA Offices
(lunch will be served upon RSVP)

Publications Contact Jaime Driggs if you are interested in writing or working on the committee at 612-723-0375

Present: , Ryan D. Anderson, Stephen Arnott, Joe Borman, Don Enockson, Loretta Frederick, Melinda Hugdahl, Bruce Kennedy, Karen Kugler, Mary Lauhead, Kathleen Murphy, Melvin Ogurak, Heidi Rivkin, Steve Snyder, Pete Taylor, Dan Ventres, Jennifer Wedel, Linda Wold, Tifanne Wolter

The meeting was called to order at 9:35 A.M. by Linda Wold (acting on behalf of Ellen Abbott).
Introductions of those present.

1. Approval of May Minutes
a. Minor typographical correction, name-spelling corrections were made
b. Motion to approve minutes by Taylor
c. Motion Seconded by Anderson
d. Motion passed by unanimous vote

2. Treasurer's Report: Ryan Anderson
a. No hard copy of the report was available.
b. The budget will be placed online and coordinating it with Jaime Driggs
c. We are in the black

3. Meeting attendance: Mary Lauhead suggested that during the week leading up to the monthly meeting, section members should mention the meeting and montly CLE to anyone you come in contact with.

1. Amicus: Mary Lauhead
a. Interesting for what didn't happen. Supreme Court accepted a third-party custody case: Soo-Hoo. Mary Lauhead gave description of fact pattern. Nobody asked for an Amicus. Might be a response to LaChapelle v. Mitten.

2. Domestic Abuse: Loretta Frederick
a. No report.
b. The meeting scheduled for 12:00 P.M. has been cancelled.

3. Strategic Planning:Don Enockson:
a. A description of the committee and its work was presented.
b. Work will continue with the focus being: What can we do to strengthen the section?
c. A sign-up sheet for potential members was circulated.

4. Publications:: Ryan Anderson in Jaime Driggs absence
a. Submissions are needed.
b. Mr. Driggs does have some ideas for the quarterly publication
c. The scheduling of meetings to interested section members is underway
d. Brainstrorming of ideas continues about offering both a hard copy and electronic publications

5. Legislation: Bruce Kennedy
a. The issue of parties coming back and having to pay the filing fee after originally getting an IFP (in forma pauperis was raised. Since he is heading up the filing fee task force, he's going to address this issue.
b. Probate section wants to know if we want to give input on a universal definition of the term "child." Got the idea for legislation from the MN Coalition of Sexual Assault about a rapist getting parenting time. Proposal is to add some language to the best interests standard. Namely whether the child was conceived as a result of a sexual assault. Wouldn't need a conviction, but the Court would have the ability to have a finding based on a preponderance of the evidence standard. Don Enockson indicated that the deadline for getting something sponsored by the MSBA is November 7.
c. Child Support Calculations Subcommittee: Kathleen Murphy
i. Three proposals have been developed regarding the double jeopardy of when double support obligations occur. Sometimes the obligee is below poverty and the obligor is above 120 % of the Federal Poverty guideline. The committee might propose language that evens out the poverty levels.
ii. Next meetings are November 1, December 6 and January 3 with meetings at the MSBA offices.
d. Probate Section: Steve Snyder
i. They are trying to define "child" in the context of heirs given, the state of ARTS (Artificial Reproduction). The possibility of a child being born from a frozen embryo years after the testator dies. How is the probate court going to deal with this and similar issues?

New Business
1. Demonstration of Practicelaw.org. : Jennifer Wedel
a. She's the new Nancy Hupp. She has no background in family law, mostly labor and employment. Practiced in CA. Worked as an editor.
b. She hopes to re-configuring the homepage and indexing the forms section by category.
c. There is the possibility of putting past articles from the Family Law Forum on the homepage.
d. Clarifications are needed as to how to sign up for the listserve.
e. Requests by section members to be able to search the database of appellate cases by both author of appellate decision and the district court judge that made the lower decision.
i. Motion by Kennedy to request the Appellate Court to include referees' names on appellate decisions.
ii. Motion seconded by Mary Lauhead.
iii. Motion passed uninaminously.

f. Ms. Wedel will continue working with the group that met in June: Don Enockson, Mary Lauhead and Ryan Anderson.
g. Discussion of possibility for the use of HotDocs.
i. It's at least nine months down the road.
ii. Informed the section that she's assembling a group of various organizations that have forms on their websites (projusticeMN.org, the State courts, SMRLS, etc.) to collaborate on updating the forms in light of the new child support and other laws going into effect January 1, 2007.

Motion to Adjourn by Linda Wold
Motion seconded by Ryan Anderson
Motion passed uninamously.

Members Present: Ellen Abbott, Kristine Anderson, Ryan Anderson, Jaime Driggs, Margret Erickson, Bill Fehn, Stella French, Lisa Hill, Ruth Honkanen, Bruce Kennedy, Mary Louise Klas, Karen Kugler, Mary Lauhead, Kathleen Murphy, Milt Nordmeyer, Glen Norton, Pat O'Gorman, Melvin Ogurak, Tami Peterson, Cheryl Prince, Barbara Runchey, Jenny Ryan, Brittany Stephens, Pete Taylor, Dan Ventres, Gary Voegele, Pamela Waggoner, Linda Wold, Tifanne Wolter.

The meeting was called to order at 9:35 A.M. by Ellen Abbott.
Introductions of those present.

1. Approval of May Minutes
a. Motion to approve minutes by Ventres
b. Motion Seconded by Waggoner
c. Motion passed by unanimous vote

2. Treasurer's Report: Ryan Anderson
a. $16,462.00 collected in dues this summer but it is still approximately $2,000 less than last year.
b. Motion to approve treasurer's report by Anderson
c. Motion seconded by Taylor
d. Motion passed by unanimous vote

3. Report of the Chair and matters arising from the minutes
a. Bill Haugh passed away and the Executive committee voted to give a memorial donation on behalf of the Family Law Section in the amount of $500.00 to the child safety center with which he was associated or another cause that the section could support.
b. Domestic Abuse Training
i. Executive committee approved support of up to 10 scholarships for the Family Law Section members who want to attend the Domestic abuse Training Sessions if they will take a domestic abuse case.
ii. Four scholarships have been awarded.
iii. The last trainings are schedule for October 16-17 at Chrysalis in Minneapolis.
c. Goals for the Section
i. Legislation
1. Child Support Bill
2. Joint Physical Custody Presumption
ii. Family Law Institute
iii. Honorariums Policy for volunteers
iv. Outreach to Greater Minnesota
v. Connecting experienced members with newer/entering attorneys
vi. Listserv
vii. Support Pro Bono work
viii. Website development
ix. Connect with law schools

d. Lapsed Memberships Sheet
i. Executive Committee members will each call 10 names on the list to encourage them to re-new their membership.
ii. The general section members were asked to volunteer to make 10 calls.
iii. Callers to inquire as to why those persons have not renewed their membership and to remind them that there are many benefits to membership such as, free CLE's and the Family Law Forum.

e. Minnesota Grassroots Action Network
i. Sign-up forms to assist the MSBA lobbying efforts

f. Matters to be place on the agenda
i. Contact Ellen Abbott
ii. Deadline is 2 weeks before the scheduled meeting.

g. Listserv
i. Family Law section members can join an email listserv to obtain answers to questions from other colleagues. Instructions can be found on the MSBA website at www.mnbar.org. To sign-up go to the left sidebar labeled "email lists" for information.

4. Committee Reports
a. Amicus: Mary Lauhead
i. The last amicus worked on was the Antone v. Mirviss case that involved malpractice on an anti-nuptial agreement.

c. Strategic Planning: Gary Voegele
i. Job description for the Executive Committee members will be posted on the website this month.

d. Publications: Jaime Driggs
i. Suggestion sheet on how members can participate was disseminated.
ii. The committee's initial meeting will work on goals for the year.
iii. Initial meeting dates will be solicited form those interested in joining the committee

ii. Issues the committee will be working on:
1. Joint Physical Custody Presumption: we will decide how we will approach the issue
2. The proposal that General Rules of Practice Rule 302.01(b) be changed to eliminate the need to file both an MTA and a Judgment and Decree where the parties have reached agreement on all matters.
3. Expansion of Gen'l Rule of Prac. 302.01 to make the process available to those with children.

iii. Child Support Calculations Subcommittee
1. Chair of this subcommittee is Kathleen Murphy
2. The subcommittee reached a consensus that, "in lower income populations, the self-support reserve can create a disparate negative financial impact on the obligee and joint children when compared to the income of the obligor. This result can compromise the children's best interests and is contrary to public policy."
3. The subcommittee will be working on ways to address this disparate financial impact and will bring methods/or proposed language to the Legislative Committee.

iv. Floor Discussion on Rule 302.01
1. Issue # 1
a. Motion by Lauhead: That we tell Mr. (Dan) O'Connell that the rule (Gen R. of Practice Rule 302.01 (b)) as presently constructed, allows for a Joint Petition with children and we see no reason to amend it.
b. Seconded by Runchey
c. Motion passed unanimously

2. Issue # 2
a. Motion by Lauhead: There should be a (separate) different rule should address the merging of the MTA and Judgment and Decree.
b. Seconded by Waggoner
c. Motion passed unanimously.

3. Issue # 3
a. Motion by Runchey: We support the policy of allowing the permissive merging of the MTA into the Judgment and Decree.
b. Seconded by Hokanen
c. Motion passed unanimously

f. Family Law Institute: Cheryl Prince
i. Date is set for the last week in March, 2007
ii. Location will be at the Rivercenter in St. Paul
iii. Working on engaging Larry Rice for the plenary session

g. Filing Fee Task Force: Bruce Kennedy
i. They are contemplating how to reduce the fee and by how much.
ii. Working with Mike Tripito to create an online "wiki" where the task force can contribute their input and review of suggestions by task force members.

h. General Rules Committee solicitation for our input to the Rules of Practice Committee that addresses the practice of Collaborative Law in Minnesota by adding Rule 114 a.
i. Motion by Runchey: That the section not take a position since we received the request for input from the General Rules of Practice Committee only within the past 2 weeks and did not have time to study it and meaningfully address it prior to the General Rules of Practice meeting.
ii. Seconded by:
iii. Motion passed unanimously.

6. Motion to adjourn by Ventres
a. Motion seconded by Ryan Anderson
b. Motion passed unanimously

Submitted by Linda L. Wold

Meeting Notices:
Strategic Planning October 14, 2006 at 8:30A.M. Saturday at
MSBA Offices
Legislative October 5, 2006 at 5:30 to 7:30 Thursday at
Waggoner Law Office, 401 Washington North (pizza will be served)
Child Support Calculations October 4, 2006 from 11:30 A.M to 1:30 PM Wednesday
Subcommittee MSBA Offices
(lunch will be served)

Domestic Abuse October 14, 2006 immediately following Section CLE at
MSBA Offices
(lunch will be served upon RSVP)

a. Motion to approve April meeting minutes as amended. (The minutes were amended to correct the omission of the phrase "engaging in strategic planning" from the report of the Domestic Abuse Committee.)
-Motion passed

3. Practicelaw.org Demonstration by Nancy Hupp and Jacqueline McGlammery
Practicelaw.org has over 9,300 subscribers, 600 of whom are monthly users of the family law library. MSBA is in the process of adding new libraries and revising existing libraries on Practicelaw.org. The family law library was added in 2002 and the MSBA would like the Section to help redesign the format of the library, contribute new content to the library, and revise the materials contained therein.

a. The $5,000.00 donation to the Minnesota Justice Foundation will appear on the next report.

b. Domestic Abuse
Committee met and discussed strategic planning initiatives. One of the initiatives will be putting on a training in conjunction with the Battered Women's Legal Advocacy Project. The training will focus on new laws affecting domestic abuse issues and will be held in six locations throughout Minnesota.

Committee meetings are held immediately following the Saturday Section meetings. Lunch will be provided. Please RSVP with Ellen Abbott at ellen.abbott@gershwin.tc.

c. Strategic Planning
Gary Voegele has nearly finished putting together an orientation manual that will be used to train incoming officers and committee chairs. Tami Peterson is continuing to work to build contact with other family law bar groups.

d. Publications
No report

e. Legislation
Pamela Waggoner will be giving a presentation on the new child support legislation at 12:00 p.m. on June 28, 2006, at the Town & Country Club, 300 Mississippi River Boulevard North, in Saint Paul. The presentation is co-sponsored by the family law sections of the Ramsey County Bar Association and Hennepin County Bar Association.

6. Executive Committee passed following resolution: The most recent bylaw changes submitted to the MSBA shall be withdrawn from consideration at the June 2006 Assembly meeting.

Motion that Section ratify above Executive Committee resolution.
- Motion passed unanimously

Motion that Section establish task force to study filing fee issue.
- Motion passed
Bruce Kennedy will chair the task force

Working group chaired by Kathleen Murphy that will be studying impact on new child support law on low income obligees will wait to begin meeting until end of legislative session.

b. Domestic Abuse
The committee has been engaging in strategic planning and has established a permanent meeting schedule: meetings will be held immediately following the Saturday Section meetings. Lunch will be provided. Please RSVP with Ellen Abbott at ellen.abbott@gershwin.tc.

c. Strategic Planning
Committee met and is pursuing three initiatives:

1. Leadership Development/Succession Planning
Work is continuing on an orientation manual that will be used to train incoming officers and committee chairs.

2. Build Collaboration with Local Family Law Bar Groups
Committee is developing a list of contact persons with other family law bar associations, district family law groups, and other MSBA sections to collaborate on future activities.

3. Section Website and Family Law Forum
Committee is considering making changes to Section's website. Please provide suggestions for changes or other feedback regarding the website to Jaime Driggs at jdriggs@gmail.com.

d. Publications
The new issue of Family Law Forum has been published and distributed to Section membership.

e. Legislation
Next committee meeting will be on May 11 at 5:30 p.m. at Pamela Waggoner's office at 333 Washington Avenue North in Minneapolis.

Section discussed loophole in new child support law's definition of gross income. The loophole is that the phrase used in Minn. Stat. § 518.7123, "Medicare gross income," would not capture pre-tax dollars expended through employer sponsored benefit plans such as cafeteria plans, flexible spending plans, and health savings accounts.

Motion that Section support replacing "Medicare gross income" with "gross income before participation in any employer sponsored benefit plan that allows an employee to pay for a benefit using pre-tax dollars, including but not limited to cafeteria plans, flexible spending plans, and health savings accounts."
- Motion passed unanimously

Motion that Section allow Pamela Waggoner to articulate the following to Senator Neuville: There is no vehicle within the new child support law to address obligees who are at or below 120% of federal poverty guidelines. Section's intention is to balance the financial hardship between obligors and obligees, not to reimburse the state.
- Motion passed unanimously

Motion that Section establish a working committee chaired by Kathleen Murphy to consider the above issue and report back to Legislation Committee. Pamela will inform Senator Neuville and DHS that such a committee has been established.
- Motion passed

5. Section discussed bylaw changes proposed by MSBA.
Motion that Section refer consideration of MSBA proposal to Executive Committee for further consideration.
- Motion passed

Bruce Kennedy reported the results of his examination of dissolution filing fees and concluded that Minnesota has the second highest filing fee in the United States.

Motion to approve Legal Assistance to Disadvantaged Committee's proposal regarding CLE credit for pro bono work. (Click here for full text of proposal.)
- Motion passed (1 abstention; 1 opposed)

2. Introductions: Gary Voegele; Brad Frago; Linda Wold; Pamela Waggoner; Melvin Ogurak; Mike Dittberner; Pat O'Gorman; Dan Venmes; Rebecca Ribich; Cheryl Prince; Barb Runchey; Nancy Johnson-Maloney; Danielle Shelton; Lisa Hill; Peter Taylor; Rana Fuller; Mary Lauhead; Bruce Kennedy; Jennifer Eichten; Stephen Arnott; Don Enockson; Jaime Driggs; Wilt Nordmeyer; Bill Fehn; Melinda Hugdahl; Margaret Erickson.

a. The Section had no extraordinary expenditures during the period ending January 31, 2006.

c. Strategic Planning
Committee met and is pursuing three initiatives:

1. Leadership Development/Succession Planning
The committee is creating an orientation manual that will be used to train incoming officers and committee chairs. The manual will include a description of the duties for each of the positions as well as tips and suggestions. The manual will also include a perpetual calendar with dates of various events and actions needed to be taken by each of the officers and committee chairs. The committee is considering meeting at the upcoming bar convention.

2. Build Collaboration with Local Family Law Bar Groups
Committee is working to build contact with other family law bar associations, district family law groups, and other MSBA sections to collaborate on future activities.

3. Section Website and Family Law Forum
Committee is working on expanding the Section's website and adding content. Section members interested in helping out should contact Jaime Driggs at jdriggs@gmail.com.

d. Publications
Forthcoming issue of Family Law Forum will be published in the next two weeks.

e. Legislation
Next meeting will be April 6 at 5:30 p.m. at Pamela Waggoner's office at 333 Washington Avenue North in Minneapolis.

Committee has met four times since the last Section meeting. Committee decided to table the proposed changes to Minn. Stat. § 518.17 and take it up again in fall 2006. On February 21, Steven Arnott and Ellen Abbott presented the Section's views on proposed legislation regarding a joint physical custody presumption at a hearing before the Senate Judiciary Committee. Audio of the hearing is available on the Senate website.

Committee reviewed the report on the new child support legislation as well as Senator Neuville's list of potential amendments to be introduced this session and made suggestions to Senator Neuville.

HF 3091 would enhance no contact order violations for a five year period from a misdemeanor to gross misdemeanor. Committee voted unanimously to support HF 3091.

HF 3158 would add $25.00 to the dissolution filing fee to fund supervised visitation centers. Committee thought that these centers are a public good that should be funded by tax revenues, not fees. Committee also thought that adding the fee on to the dissolution filing fee was inappropriate.

Motion that Section take no position on HF 3158 and refer it back to the Committee for further consideration.

6. The Chair asked the chairs of the standing committees to briefly describe the operations of their respective committees so that members who have an interest in participating may volunteer in a particular area.

Committee Descriptions

a. Publications
Committee has worked to publish Family Law Forum for the last fifteen years. Anyone interested in writing an article on a substantive law topic is invited to do so.