Vermont Bar Association
Board of Managers Meeting
December 17, 2010
Commodores Inn, Stowe, Vermont
Present: Amber L. Barber, Eileen M. Blackwood, James F. Carroll, Therese Corsones, Will S. Baker, Michael N. Donofrio, Hon. Thomas Durkin, Jennifer R. Emens-Butler, Sandra W. Everitt, Ross A. Feldmann, David R. Fenster, Michael E. Kennedy, Daniel H. Maguire, Daniel P. Richardson, Edward Tyler III, Matt Valerio
Staff: Mary Ashcroft, Jim Knapp, Bob Paolini, Kevin Ryan
Guest: Richard T. Cassidy
1. Call to Order: President Teri Corsones called the meeting to order at 1:25 pm.
2. Emerging Issues:
A. Dan Maguire indicated that the Board needs to begin thinking about what role it will play in the upcoming legislative session.
B. Tom Durkin noted that there are seven trial judges and all five Supreme Court justices up for retention this year. He also gave kudos to Dan Richardson for the high quality of his blog, SCOV Law Blog, and urged Board members to become followers of the blog.
C. Kevin Ryan told the Board that the MCLE Board is submitting a recommendation to the Supreme Court eliminating the professionalism requirement as of July 1, 2011. He also mentioned that congressional elimination of earmarks could affect the VBA’s public education funding, as the grants from the Center for Civic Education are based on directed funding through the Education for Democracy Act. Finally, he told the Board about the highly successful program in Montpelier that focused on To Kill a Mockingbird. The panel for the program consisted of Kevin Ryan, Dan Richardson, Hon. Geoffrey Crawford, and Dean Shirley Jefferson from VLS.
D. Jim Knapp reviewed the e-filing programs the VBA has offered in Rutland and Chester. The panel for those programs include Board members Teri Corsones, Tom Durkin, and Dave Fenster, as well as Jim Knapp and Kevin Ryan. Plans are to continue to offer these programs as the rollout of e-filing continues across the state. Tom Durkin also spoke about the success of these e-filing programs. Kevin Ryan indicated that he hopes to develop a series of YouTube videos on short subjects related to e-filing (e.g., how to create a PDF from a WordPerfect document).
E. Sandi Everitt indicated that the AG’s Office might be proposing legislation addressing the growing problem of debt collection buyers. This legislation would impose certain requirements before filing can occur on debt collection matters. There was considerable discussion and debate about this subject among Board members.
F. Dave Fenster indicated that he, Jim Knapp, and Kevin Ryan had drafted a letter from the Board to the Professional Responsibility Section of the bar asking for an opinion on cloud computing. When the letter is finalized, it will be sent to the Section by Bob Paolini. There was a good deal of discussion about cloud computing among Board members. Mr. Fenster also raised the question, “Why don’t we use juror numbers rather than names in Vermont?” He indicated that numerous other jurisdictions have moved to numbers in an effort to protect jurors and potential jurors.
G. Ross Feldmann mentioned the growing concern around the country about juror misconduct through the use of Twitter, Facebook, and other social media.
3. Acceptance of Consent Agenda
· Minutes – A motion was made to accept the minutes from the November 19, 2010 meeting with two changes. First, on page 3, section (3D–President’s Report), replace “e-filing” with “Family.” Second, on page 1, under (D), replace “Annual” with “Fall.” The motion carried.
· Treasurer’s Report – Matt Valerio noted that we are up $22,000 on the income side, ahead of last year at this time. There was no further discussion.
· Board Committee Reports
· Operations – Jim Carroll reported that fixing the basement of the VBA building in Montpelier will cost approximately $22,500. There may be a problem with daylighting water that needs to be addressed. Some discussion ensued regarding how to fund the project and the possibility of dividing the project into distinct parts. A motion was made and seconded to ask Bob Paolini to talk to the company and ask them to break out costs for different aspects of the project and to proceed with contracting for some of the work to be done. The motion passed unanimously.
At the request of Jim Carroll, the Board went into executive session at 2:55 pm. The executive session ended at 3:02 pm.
· Membership – Amber Barber told the Board that the committee has focused its attention on the declining numbers of new lawyers coming to (or staying in) Vermont. Will Baker reported numbers from VLS regarding students who located in Vermont and New Hampshire: only 15% of the 2005 class has stayed in Vermont. Teri Corsones asked if the clerkship requirement constitutes a barrier keeping new lawyers from seeking to stay in or enter Vermont. Considerable discussion followed regarding the relative low pay in Vermont, demographic changes in New England, and concerns that VLS is not feeding the Vermont legal profession.
· Program and Planning – David Fenster noted the committee has focused its attention on e-filing training, including training the VBA staff on e-filing and related matters so they can offer trouble-shooting help to attorneys struggling to use the system. Fenster asked about the schedule for making e-filing optional or mandatory around the state. The committee is also discussing the possibility of developing a certified mediation training program.
· Pro Bono – Mary Ashcroft told the Board that she and Angele Court are visiting the Orleans County Bar today to see if they are interested in developing a low bono project. The Rutland Pilot Project currently has 259 cases and about 24 attorneys have taken cases. The Bennington project has 14 cases and the county bar is taking over the management of cases. In January, Ms. Ashcroft and Teri Corsones will visit the Windham bar to talk about a low bono program. The Chittenden County Bar is offering training in January or February to recruit lawyers to represent people in foreclosure cases. The pro bono conference is still generating ideas and Ms. Ashcroft mentioned several. Eileen Blackwood reported briefly on the meeting of the pro bono committee.
· President’s Report – Teri Corsones discussed her work around the state regarding e-filing, including her participation in the VBA e-filing seminar series. She indicated that e-filing will be rolled out in other counties only after (1) there has been more experience with the system in Rutland and Windsor counties, (2) training has been provided by Rutland/Windsor staff to court staffs in other counties (this means a slow, gradual rollout), and (3) the development of a written procedures manual. It has been suggested that rollout in family court, when it occurs, will only be for lawyers, not for pro se parties. Criminal court rollout will be even later.
· President Elect’s Report – Nothing to report.
· Executive Director’s Report – Bob Paolini described the meeting regarding foreclosure mediation that was held recently at the VBA. He asked Jennifer Emens-Butler to report on that meeting. She indicated that the focus of the meeting was on what’s not working and what can be done differently to make the process proceed more smoothly. She provided a lengthy summary of the meeting. There followed extensive discussion by the Board about how these mediations work, what barriers are encountered, how best to improve the process, etc.
· Staff Reports – There were no staff reports.
· Section Liaison Reports –Jennifer Emens-Butler reported that Drew Palcsik is leaving the state and that will create a vacancy for Consumer Law Section chair. No other section reports were made.
· VBF Report – There was no VBF report.
· Report of the Nominating Committee – Matt Valerio reported on the deliberations of the nominating committee. The committee had recommended that David Fenster and Jennifer Emens-Butler vacate their current seats to run opposed for two vacant two-year seats, and that Dan Maguire and Mike Kennedy run unopposed for the seats vacated by Fenster and Emens-Butler. The nominating committee would have David Carter and David Gartenstein competing for a vacant two-year seat. After some discussion regarding this unusual approach, Valerio moved to reject the nominating committee report and to nominate the following slate:
· Amber Barber for president-elect
· Matt Valerio for treasurer
· Ted Tyler for secretary
· Dan Maguire running unopposed for one two-year seat
· Michael Kennedy running unopposed for one two-year seat
· David Carter and David Gartenstein running against each other for one two-year seat
The motion was seconded and passed unanimously.
4. Action
A. Enrollments - A motion was made to accept the following persons as members of the Vermont Bar Association: Attorney Members: Michele B. Patton, Cara L. Cookson, Livia D. DeMarchis, Jane M. O’Sullivan, Alexia M. Venafra, Julie M. Norton, Alison, L.T. Powers, Pamela P. Little; Associate Members: Lenette A. MacDonald, Brian W. Beavin.
5. Discussion – Rich Cassidy, the VBA’s ABA delegate, reported on some of the key issues to be taken up at the ABA’s Mid-Year Meeting in February.
The Uniform Collaborative Law Act continues to be controversial. It has been changed in three respects (regarding the nature of the enactment, the power of the state to limit the scope of collaborative cases, and the power of the court to order parties to proceed). Cassidy indicated that these changes have gone a long way to meeting some of the objections to the Act. There was some discussion among Board members on these changes.
Cassidy noted that the Medicare Secondary Care Act is now coming up increasingly in personal injury cases. He has not seen the details of the resolution to address this matter but concedes that some action on the federal level is needed.
The ABA will take up the issue of admission to practice on motion for in-house counsel.
Resolution 100(a) seeks to counter limitations that some states have passed on law school legal clinics.
Another resolution seeks to urge the U.S. Sentencing Commission to reconsider some the sentencing guidelines for some theft crimes.
6. Unfinished Business – None.
7. New Business – Teri Corsones stated that Stacy Chapman has asked her to obtain unanimous participation by the members of the VBA Board in the Access to Justice Campaign. All members of the Board agreed to contribute to the campaign.
There being no further Old or New Business, it was moved, seconded, and passed that the meeting adjourn. The meeting adjourned at 4:26 p.m.
Respectfully submitted,
Kevin F. Ryan, Esq.
Director of Education and Communication
Vermont Bar Association