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SBM Board of Commissioners Minutes
April 26, 2002 The meeting was called to order by President Neckers at 9:30 a.m. on Friday, April 26, 2002, at the State Bar of Michigan, Lansing, Michigan. Commissioners present were: Commissioners Barr and Keefe were absent and excused. State Bar Staff Present: Present for such portions of the meeting as pertained to a specific agenda item were Justice Clifford Taylor, Anne Vrooman, and Vicky Kruckeberg from the Michigan Supreme Court; Judge William Whitbeck from the Court of Appeals; Lynn Chard, Executive Director, ICLE; David Haynes and Becky Bechler of Public Affairs Associates. A moment of silence was observed in honor of former State Bar of Michigan President (1998-99) J. Thomas Lenga. CONSENT AGENDA A motion was made and seconded to approve the Consent Agenda as amended. Motion carried. Minutes The Board accepted the minutes of the following Executive Committee meetings: January 22, 2002 January 24, 2002 February 11, 2002 February 19, 2002 February 25, 2002 March 4, 2002 March 11, 2002 March 15, 2002 March 18, 2002 March 25, 2002 President's Report—Bruce W. Neckers, President Executive Director's Report—John T. Berry, Executive Director Professional Standards Committee—Nancy J. Diehl, Chairperson
The Board denied the following Claims on Appeal: CPF 1733 in the amount of $1,875.00 and CPF 1775 in the amount of $2,500.00. The Board received the UPL Request for Litigation. Commissioner Liaison Reports —Written reports by the following Commissioner Liaisons were included in the Board agenda packet:
COMMITTEES, COMMISSIONS & TASK FORCES Programs and Services—Scott Brinkmeyer, Chairperson Lisa Allen-Kost reported that an update on section activities was included in the Board packet. Mr. Brinkmeyer offered language regarding the Open Justice Commission Disabilities Report and a motion was made and seconded to approve the language. Motion carried. A motion was then made and seconded to amend the language and the motion carried. The language offered and adopted, with the amendment indicated in strikeout and italics, is as follows: "The Board of Commissioners commends the disabilities committee for its work and recognizes its report as a valuable contribution to the important effort to improve the The Board directs the Commission to continue to seek input regarding the report from the entities that are affected by the recommendations. Several of the Report's recommendations concern services that the Open Justice Commission recommends that the State Bar offer to external entities, i.e., the State Court Administrative Office, ICLE, MJI, law schools, and law firms. Continued exploration by the Disabilities Committee of the joint initiatives proposed by the report is encouraged and the Board encourages the Open Justice Commission to present recommendations to the Finance Committee for future funding consideration upon a request for the service from the external entity to which the recommendation is addressed." SPECIAL PRESENTATION Judge William Whitbeck presented information regarding delays in the Court of Appeals. COMMITTEES, COMMISSIONS & TASK FORCES (Continued) Finance and Human Resources—Thomas W. Cranmer, Chairperson Mr. Cranmer further reported that the budget-planning process for the next fiscal year has begun, re-financing options are being reviewed, and sub-committees have been established to review auditor selection, investments and risk management insurance. A motion was made and seconded to adopt the proposed financial policies. Motion carried. Public Policy, Image and Identity—Reginald M. Turner, Chairperson Mr. Haynes also reported that the legislature will be leaving around June 6th and will return in September. Mr. Turner reported that the Public Policy Committee will be looking closely at the unified vs. voluntary bar issue, Cyber Court and Court reform. He noted that the 21st Century Courts Committee has been reactivated to work on court reform issues and monitor proposed legislation. He also reported that John Berry and Janet Welch would report on section advocacy at a future meeting. Mr. Turner further reported that a judicial early retirement bill was discussed and it was determined that due to lack of publication time the Bar could not take a position. Given the potential significance of the bill on the profession, a legislative alert was e-mailed to members providing information about the bill. The Public Policy Committee will be analyzing ways to improve such communications in the future. A motion was made and seconded to approve the following Board actions: Legislation HB 5070—
Civil Procedure, service of process; proof of service; eliminate provision stating failure to make service does not affect the validity of the service. HB 5438—
Children; parenting time; consideration of parenting time under family support act; require on motion of non-custodial parent. HB 5439—
Children; support; responsibility for pregnancy and birth expenses under the paternity act; apportion between the parents. HB 5684—Fatal Malpractice; Torts; malpractice; exception to limitation on non-economic damage for wrongful death claims; HB 5778—
Attorney Licensing; Requires procedures for fingerprinting state bar licensing applicants to comply with federal mandates. Mr. Turner asked if there was any objection to legislation deleted but none were forthcoming. Michigan Court Rules Proposed Amendment of Rule 6.508: Procedure; Evidentiary Hearing; Determination. Proposed Amendments of Rule 702 of the Michigan Rules of Evidence: Testimony by Experts. Proposed Amendment of Rule 3.603; Award of Costs to an Interpleader Plaintiff. Mr. Turner asked for comments from the public about the Bar's legislative program, but none were forthcoming. Mr. Turner reported that there was a request from the appellee to file an amicus brief in Dressel v. Ameribank, a case regarding the unauthorized practice of law by financial institutions, banks and other mortgage lenders that invoice customers for preparation of legal papers. Judge William Murphy noted that he would abstain from voting and Judge Cynthia Stephens recused herself during the discussion of the matter and did not vote. Motion was made and seconded. Motion carried. Professional Standards—Nancy Diehl, Chairperson Nominating Committee—Charles Toy, Chairperson A motion was made and seconded to appoint Karen Smith Kienbaum, David A. Perkins and Robert B. Webster to the ABA House of Delegates. Motion carried. Young Lawyers Section—Evanne Dietz, Chairperson LEADERSHIP REPORTS President's Report A motion was made and seconded that the Board will take action at the June Board meeting on Bylaws VI: Committees and Bylaws XII: Amendments, which is necessary to continue the committee restructuring process. Motion carried. Mr. Neckers also reported that the Bar Leaders Retreat is scheduled for May 3 and 4 in Mt. Pleasant and has a good attendance registration. He noted that there is a section summit scheduled for June 13th and that the relationship with sections continues to improve. Representative Assembly Chairperson's Report—Julie I. Fershtman 1) The Representative Assembly meeting will proceed as scheduled tomorrow and those who will be attending the funeral services of Tom Lenga will be given excused absences. 2) Agenda issues include proposals on criminal defense assigned counsel standards, screening of candidates for judicial appointment and reports on member services and fiscal issues, including dues increase. 3) Input on the role and composition of the Assembly was requested through a survey that was distributed. 4) A request was made to encourage colleagues to become involved in the Assembly, recognizing the deadline for election petitions on April 30. SPECIAL PRESENTATION Justice Clifford Taylor, Anne Vrooman, and Vicky Kruckeberg presented information on the opening of the Hall of Justice. The building will be formally dedicated October 8 and the gala fundraising event for the Michigan Supreme Court Learning Center will be held October 12. Executive Director's Report—John T. Berry Mr. Berry presented information on implementation of the strategic plan, which included 1) new programs proposed 2) resources required 3) financial levels required and 4) dues proposal. Also included was a 3-year financial plan with key assumptions, along with a proposed schedule for implementation. He noted that there would be a request for action at the June Board meeting. FOR THE GOOD OF THE PUBLIC AND THE PROFESSION Comments or questions from Commissioners Comments or questions from the public Old Business New Business The meeting adjourned at 12:30 p.m. |
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