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 reported that written financials and policies were included in the Board packet and that a year-end balanced budget is hoped and anticipated, noting that the Tier II post-retirement health care issue remains pending.

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 reported that with the lame duck session beginning in November, the Bar will be closely monitoring legislation concerning court reform, MDP, UPL and a potential voluntary bar proposal.

Mr. Haynes also reported that the legislature will be leaving around June 6^th 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 21^st 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 5068 - Property; other; adverse possession of real property; eliminate.
Delete from future reports

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.
A motion was made and seconded to oppose in principle. Motion carried.

HB 5438 - Children; parenting time; consideration of parenting time under family support act; require on motion of non-custodial parent.
Delete from future reports

HB 5439 - Children; support; responsibility for pregnancy and birth expenses under the paternity act; apportion between the parents.
Delete from future reports

HB 5684 - Fatal Malpractice; Torts; malpractice; exception to limitation on non-economic damage for wrongful death claims;
Delete from future reports; Deferred to sections

HB 5778 - Attorney Licensing; Requires procedures for fingerprinting state bar licensing applicants to comply with federal mandates.
Support

Mr. Turner asked if there was any objection to legislation deleted but none were forthcoming.

Michigan Court Rules
Proposed Amendment of Subchapter 9.200: Michigan's Judicial System. This proposal states that it has been more than 30 years since extensive revisions were made to these rules.
Deferred to Representative Assembly

Proposed Amendment of Rule 6.508: Procedure; Evidentiary Hearing; Determination
A motion was made and seconded to support. Motion carried.

Proposed Amendments of Rule 702 of the Michigan Rules of Evidence: Testimony by Experts
Delete from future reports

Proposed Amendment of Rule 3.603; Award of Costs to an Interpleader Plaintiff
A motion was made and seconded to support in principle, except for subsection (E)(4). Motion carried.

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
Ms. Diehl provided an update on the District I vacancy, noting that because there was no March board meeting and with the closeness of the election, the Executive Committee had voted to allow the election process to determine who would fill the seat. Applicants were notified and encouraged to submit an election petition.

Nominating Committee - Charles Toy, Chairperson
Mr. Toy reported that the committee recommended the reappointment of the three incumbents for the ABA House of Delegates. Further, they recommended that the additional two applicants be named as at-large alternate delegates.

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
Ms. Dietz provided an update on the section's recent and upcoming activities, including ongoing projects such as peer mediation, metro future lawyers and support of Access to Justice.

LEADERSHIP REPORTS

President's Report
Mr. Neckers reported that he would be appointing a committee to be responsible for the gubernatorial debate during the annual meeting in September.

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 13^th and that the relationship with sections continues to improve.

Representative Assembly Chairperson's Report - Julie I. Fershtman
Ms. Fershtman reported the following:

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^th.

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^th and the gala fundraising event for the Michigan Supreme Court Learning Center will be held October 12^th.

Executive Director's Report -John T. Berry
Mr. Berry reported on his trip to Nigeria.

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
Mr. Neckers asked for comments or questions from the Commissioners, but there were none.

Comments or questions from the public
Mr. Neckers asked for comments or questions from the public, but there were none.

Old Business
There was none.

New Business
There was none.

The meeting adjourned at 12:30 p.m.