BOARD OF MANAGERS MEETING

Lake Morey Resort

September 24, 2009

Present: Amber Barber, Jesse Bugbee, Eileen Blackwood, James Carroll, Therese Corsones, Michael Donofrio, Thomas Durkin, Jennifer Emens-Butler, Sandra Everitt, Ross Feldmann, David Fenster, Michael Kennedy, Daniel Maguire, Daniel Richardson, Edward Tyler, Matthew Valerio

Staff: Mary Ashcroft, James Knapp, Lisa Maxfield, Robert Paolini, Kevin Ryan, Laura Welcome

  1. Call to Order – President-Elect Eileen Blackwood called the meeting to order at 4:05 p.m.
  1. Emerging Issues –
  1. Ross Feldman mentioned the upcoming YLD Mid-Winter Thaw in Montreal. They will be hosting a roundtable related to the Judicial Commission, however they have not decided how it should take shape and welcome ideas from the board.
  2. Teri Corsones reported that the court staffs are grappling with their reaction to the Judicial Commission and there doesn’t seem to be a consensus. Matt Valerio stated that he sees a divide in reactions to court closings and consolidation. David Fenster is concerned that the Board will be lobbied by other special interest groups. Amber Barber sees the Board being asked to provide guidance.
  3. Mike Kennedy mentioned that the Board will be asked by the MCLE Board and Board of Bar Examiners their opinion on the viability to the 3 month clerkship with regard to whether or not it should continue and whether clerks should receive Professionalism credits.
  4. Jesse Bugbee noted that there is a push to abolish the rule against perpetuities in the Probate Court. They are trying to do a statutory fix on tax credits.
  5. Dan Richardson noted the Environmental Court is giving a Pro Bono CLE program on October 8th.
  1. Acceptance of the Consent Agenda –
  2. Minutes – It was moved and seconded to accept the minutes of July 17, 2009.
  3. Treasurer’s Report – Lisa Maxfield reported that the income for CLEs and Meetings for 2008/2009 was successful. The Lawyer Referral Service met budget as well. Income from the 2009 Directory was down, but the budget was still met due to the lower print cost. Matt Valerio noted that the membership is only down by 30 members, which is remarkable in the current economic times and considering the low numbers of people entering the legal profession.
    Kevin Ryan noted that Bars nationwide are struggling with CLE income so it is a very good sign for the VBA that we are doing so well in this area.
  4. Board Committee Reports
  5. Operations – Nothing to report.
  6. Membership – Nothing to report.
  7. Program and Planning – Nothing to report.
  8. Pro Bono Committee – Mary Ashcroft reported that this is the 25th Anniversary of the VVLP. Also of note are the free CLEs offered to advance Pro Bono attorneys. There will be an Environmental Law Pro Bono seminar offered, which is not free, however attorneys who attend and agree to sign up to take a Pro Bono case will receive a coupon for a future CLE. Mary also noted that the last week in October is National Pro Bono Week and they are trying to get judges to host celebrations throughout the state.
  9. Section / Committee Activity Report – Nothing to report.
  10. President’s Report – Nothing to report.
  11. President Elect’s Report – Eileen Blackwood noted the new Board Committee appointments and would discuss the issue of the judicial budget later in the meeting (See 6A below).
  12. Executive Director’s Report – Bob Paolini mentioned the Special Advisory Committee on Rules Governing Electronic Case File and Electronic Filing. Tom Durkin noted the 90 day test period for the new software vendor. Bob noted also the handout regarding the Jury Verdict Committee and stated that at the Annual Meeting we would be asking the attendees to complete a ballot on this subject. Bob also noted that due to Doug Molde’s recent major surgery he would not be able to attend the Annual Meeting and has asked that Teri Corsones and Jim Carroll moderate the Business Meeting. The next issue of the VBA Journal will include articles by Probate Judges George Belcher and Joanne Ertel, and Justice Dooley. The Town Hall Meeting will be moderated by John Douglas. Bob noted that on October 21st at the Statehouse there would be a history of Act 250 by the Vermont Law School, Vermont Bar Association, and Attorney General’s Office, and would be advertised on the VBA’s website. Attendance for the Annual Meeting is approximately 330 and it was suggested the high number may be attributed to the Town Hall meeting taking place after the Business Meeting.
  13. VBF Report – Teri Corsones reported that ALPS has had a paid consulting role with the VBF, however Carol Ode, who is a member of the IOLTA Committee, submitted a proposal to do the work ALPS has done and the proposal was accepted by the VBF Board.
    Matt Valerio mentioned that the Board will meet again in October and one item to discuss is whether VBA Board members be allowed to vote on items directly impacting the VBA. He also mentioned that interest rates are lower than previously reported and they are beginning to see significant drops in income at this point, however the drop is still only around 20%.
    Eileen Blackwood stated she would like to have a joint meeting between the VBA and VBF Boards.
  1. Action Items
  2. Enrollments – It was moved and seconded to accept the following persons as members of the Vermont Bar Association: Attorney Members; Amy Clarise Ashworth, Richard E. Binet, Gavin Boyles, Elizabeth H. Catlin, Toni Lee Deslaurier, Kevin M. Henry, Casey John Jason, Lawrence M. Knowles, James P. Langan, Becky J. Newton, Robert D. Mabey, Craig S. Matanle, Shawn T. Tao, Johanna Ruth Thibault. Associate Members; Evan B. Chadwick, Monica R. Collins, Roger W. Feeley, Kathryn K. Polonsky, Alison Toth, James A. Valente.
  1. Anticipating Trends –
  2. Bob suggested that staff reports be a part of future agendas, which Eileen Blackwood agreed with, and to that end:
  3. Kevin Ryan stated he is going to a civic education conference in Germany September 26th – October 5th, and he and Jim Knapp will continue to do their Professionalism road show. Kevin also noted that the Basic Skills seminar would be offered again this year.
  4. Jim Knapp mentioned that a notice about Law Practice Management was put in the latest issue of the E-News and as a direct result he received 4 calls within 72 hours. Jim also noted that he has recently joined as counsel to the firm of Mickenberg, Dunn, Lachs, Hazel & Smith, PLC.
  5. Mary Ashcroft stated the positive partnership between the VVLP, VLA and the Vermont Paralegal Organization.
  6. Bob Paolini reminded the Board of the upcoming October meeting at the Equinox in Manchester at 2:00 p.m. and that we would be hosting a reception for the ABA at 6:00 p.m. Fritz Langrock, State ABA Delegate, has been invited to attend.
  1. Mike Donofrio reminded the Board of the YLD Social taking place on November 4th at the Flat Street Brew Pub in Brattleboro.
  1. Discussion –
  1. Commission on Judicial Operation - updates – Eileen Blackwood stated the Commission would begin drafting a report based on the weighted caseload study analysis and they are expecting public input prior to October 20th, particularly from those most impacted.
    Dan Richardson noted the Ad Hoc Committee on Judicial Operations is working to summarize the surveys and find common issues to share with the Board. The Commission on Judicial Operation has issued a report on working groups, which will be turned into a final draft report on October 20th and will be available for review on the judicial website. The Ad Hoc Committee is currently concentrating on the January timeframe and will decide what role it will play when the findings move toward the legislature. Dan noted the Committee will keep the Board apprised of how their meetings are progressing and stated there would be a meeting held during tomorrow’s Annual Meeting.
    Jim Carroll reminded the Board of the five critical points the Commission is focusing on: unified court staff, probate judges, side judges, closing of smaller courts, and one manager per county. Jim suggested these points be the focus of discussion. A lengthy discussion ensued.
    Jesse Bugbee asked about the role of the Ad Hoc Committee and how they should handle the information and suggestions contained in the surveys. Tom Durkin stated the initial roles of both the VBA and the Ad Hoc Committee is getting accurate information in order to educate the communities. Jesse inquired about the ability to determine what information is accurate as the initial analysis of the survey responses are peoples opinions and therefore may not be accurate. Amber Barber stated that waiting until January and legislation may be too late for the VBA to take a position and sees a need for the Board to become educated now. A lengthy discussion ensued.
    Dan Richardson stated that the best thing the Ad Hoc Committee can do is to break down the information from the surveys and try to frame common issues to address in order to disseminate the information to the bar and public articulately.
  1. Update on CSF Claims – Jim Carroll reported that the last case still has not been resolved and asked that Matt Valerio and Michael Kennedy meet with him to try to resolve the issue.
  2. Unfinished Business – There was no discussion.
  1. New Business – There was no discussion.

There being no further Old or New Business, it was moved, seconded, and passed that the meeting adjourn at 6:30 p.m.

Respectfully submitted,

Laura Welcome

Vermont Bar Association