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SBM Board of Commissioners Minutes
July 26, 2002 The meeting was called to order by President Neckers at 9:30 a.m. on Friday, July 26, 2002, at the State Bar of Michigan, Lansing, Michigan. Commissioners present were: Commissioners W. Anthony Jenkins and Cynthia D. Stephens were absent and excused. State Bar Staff Present:
Present for such portions of the meeting as pertained to a specific agenda item were Becky Bechler, Public Affairs Associates; Mary Hiniker, ICLE Director of Publications. As a result of the State Bar elections in June, Mr. Neckers congratulated the following commissioners on being re-elected; Randy Piper, Kim Warren Eddie, Nancy Diehl, and Hon. Cynthia Stephens. A motion was made and seconded to appoint Elias Escobedo, who won the election in District I, to fill the vacancy created by the resignation of Donald Tucker. He will serve a three-year term expiring in 2005. Motion carried. CONSENT AGENDA A motion was made and seconded to approve the following items on the Consent Agenda: Minutes The Board accepted the minutes of the following Executive Committee meetings: June 3, 2002 Executive Director's Report—John T. Berry, Executive Director Awards—Reginald M. Turner and James Steward, Co-Chairpersons Judicial Conference—Hon. David L. Clabuesch, Chairperson Commissioner Liaison Reports—Written reports by the following Commissioner Liaisons were included in the Board agenda packet: A. Kathryn M. Day: Law Student Section LEADERSHIP REPORTS President's Report—Bruce W. Neckers A motion was made and seconded to nominate Nancy J. Diehl as Vice-President for 2002-2003. Motion carried. A motion was made and seconded to nominate Thomas W. Cranmer as Secretary for 2002-2003. Motion carried. A motion was made and seconded to nominate Kimberly M. Cahill as Treasurer for 2002-2003. Motion carried. Mr. Neckers reported that he received correspondence from the Children's Law Section, requesting action on a judicial tenure matter against certain Michigan Supreme Court justices. The letter was released to the media prior to it being seen by Mr. Neckers. He responded to the Section that it was an issue for the Judicial Tenure Commission and that the Bar did not have jurisdiction. Mr. Neckers further reported that commissioners would be receiving requests for an analysis of John Berry's performance for the year. He noted that the Executive Committee would be working to develop a better process for evaluation and for establishing criteria performance standards in advance of future reviews. Mr. Neckers also mentioned that comments (both positive and negative) have been received on his Bar Journal article in which he responded to the Chamber of Commerce regarding trial lawyers. President-elect Turner noted that the article was well written, very important for lawyers in the state, and that President Neckers should be commended. On behalf of the Board, Mr. Neckers welcomed Richard McLellan back following surgery. President-Elect's Report—Reginald M. Turner Following their last meeting, a statement of principle was developed and all parties have been asked to sign the document in support. Mr. Turner noted that the Executive Committee reviewed the statement and discussed the following: 1) Is it within the scope of Administrative Order 93-52) Do we have any prior positions that would encompass this [the Representative Assembly voted last September to urge the Michigan Legislature, Supreme Court, the State Bar, its Board of Commissioners and staff to prioritize programs that educate voters as to the workings of our justice system in regard to judicial elections and de-politicizes judicial selection] and 3) is there any First Amendment issue with regard to the Bar's participation? Upon consideration of these issues, the Executive Committee recommended that the Board adopt the proposed statement. A motion was made and seconded to approve the language. Discussion followed and several friendly amendments were made. It was determined that the statement would be placed on a plain sheet of paper (rather than letterhead) and the language suggested and adopted, with the amendments indicated in strikeout and italics is as follows: We, the undersigned, agree that judicial campaigns 1. criminal conduct shall not be attributed to a judicial candidate (unless consistent with the ruling of an official regulatory or judicial body); 2. racial or ethnic bias shall not be attributed to a judicial candidate (unless consistent with the ruling of an official regulatory or judicial body); 3. immoral conduct shall not be attributed to a judicial candidate (unless consistent with the ruling of an official regulatory or judicial body); 4. knowing misrepresentations about a judicial candidate are not appropriate subjects for an advertisement about the judicial candidate; and 5. Professional or judicial misconduct in office shall not be attributed to a judicial candidate directly or by inference (unless consistent with the ruling of an official regulatory or judicial body). These practices are not meant to be all inclusive but rather to suggest the range of unacceptable campaign practices so that the conduct of the judicial campaign, by the candidates and their supporters, is at a level that is positive, rather than negative and attack oriented. To this end, we agree to encourage positive campaigns and advertising. Representative Assembly Chairperson's Report—Julie I. Fershtman Executive Director's Report Mr. Berry introduced Greg Conyers, the new Program Administrator for Justice Initiatives. Candace Crowley provided background information and welcomed Greg to the department. Mr. Berry congratulated the Bar's communications department for receiving the 2002 Silver Excel Award, a competitive national award for excellence in the e-Journal. Nancy Brown and the staff of the "e-team" were recognized: Sharon Barnes, Carrie Pickett, Lucille Willis, Caroline Gamble, and Amy Ellsworth. Nancy noted that more than 11,000 cases have been summarized to date. Mr. Berry reported that a Section Summit Advisory Group has been formed to follow up on issues discussed at the section summit, co-chaired by Kim Cahill and Dirk Hoffius. Ms. Cahill reported that the staff is in the process of compiling the information, conference calls have been scheduled, and recommendations will be made at the November board meeting. Committee Restructuring—Janet Welch 1) Amendment of Bylaw Article VI (initially discussed in April with requests for changes). Documents were distributed that reflected the desired changes, to include;
2) Adoption of Resolution Motion was made and seconded to adopt the amended Bylaw Article VI. Motion carried. Motion was made and seconded to adopt the proposed resolution. Motion carried. Strategic Planning Implementation was removed from the agenda and deferred to the September Board meeting. COMMITTEES, COMMISSIONS & TASK FORCES Finance and Human Resources—Thomas W. Cranmer, Chairperson Mr. Cranmer reported that the Finance Committee has been examining ways to generate more revenue and a document was distributed regarding the following proposed ancillary fees/dues changes: 1) Late Payment Fee 2) Administrative Reinstatement Fee 3) Age-Based Dues Exemption versus Age-Neutral Dues Structure and 4) Inactive Status. A motion was made and seconded that the four areas be given further consideration and that there be some increases in either one or all four categories. Following discussion and a friendly amendment made by Reginald Turner, it was determined that the Finance Committee would continue to work on language, but currently the first paragraph of the proposal should read: The Board of Commissioners would like to investigate whether certain fees and the application of dues criteria would more equitably distribute the cost of operations among practicing and inactive attorneys, and would reduce the magnitude of any future membership dues increase; In regard to budget amendments, Mr. Brinkmeyer reported that the $164,000 budgeted for e-filing this year would not be spent this year; however, the right is reserved to carry over the funds. Professional Standards—Nancy J. Diehl, Chairperson Programs and Services—Scott S. Brinkmeyer, Chairperson The task force shall monitor, coordinate and encourage e-filing initiatives in Michigan, assist in the development of recommendations for e-filing standards, explore opportunities for State Bar involvement, and review and make recommendations to the Membership Services Committee regarding secure document delivery services. Motion seconded and carried. National Consortium Report—Lorraine Weber
Public Policy, Image and Identity—Reginald M. Turner, Chairperson Mr. Turner asked for comments from the public about the Bar's legislative program, but none were forthcoming. Mr. Turner provided an update on the Dressel v. Ameribank Amicus Brief. Ms. Welch thanked Commissioners Plunkett and Day for their assistance on behalf of the Public Policy Committee and Mr. Berry complimented all those involved for the team approach an excellent work product. Michigan Court Rules MCR 6.445 & 6.610—Criminal Procedure Generally. Support in Principle. MCR 7.203, 7.210, 7.211, 7.215, 7.217, 7.219—Jurisdiction of the Court of Appeals Deferred to September. MCR 7.302, 7.304, 7.306, 7.309—Application for Leave to Appeal; Briefs in Calendar Cases; Preparation, Filing and Servicing Briefs and Appendixes. Support in Principle. MCR 7.205, 7.210, 7.215, 7.302 and 7.316—Application for Leave to Appeal; Record on Appeal, Opinions, Orders, Judgments and Final Process from Court of Appeals. Support in General with Removal of Discretion. The proposed amendment would remove all discretion with respect to late applications for leave to appeal. MCR 6.005 and Proposed New Rule 8.123—Letter Redesignation: Proposed New Rule re Record of Counsel Appointments. Oppose in Principle. Proposed new rules inconsistent with the Bar's prior positions. Will review in the future pending President Neckers' committee report to consider issues from the Bar's standpoint. MCR 9.110—Attorney Discipline Board—Submitting a Quarterly Report Summarizing the Board's Activities. Support in Principle. MCR 9.128—Attorney Discipline Board—Allocation of a Greater Share of the Cost of Operating the Discipline System to Those Who Are Disciplined. Among other changes, the new provisions would permit an assessment for basic administrative costs as well as actual expenses and would expressly include investigative costs in actual expenses. Support in Principle. Legislation SB 1243—Torts, Malpractice, Civil Procedure, Occupations; Health Care Professions; Occupations; Physicians; Health (Relates to expert witnesses in malpractice cases). Oppose in Principle. Believes that this is a matter better that is better addressed in a Court Rule. SB 1308—Worker's Compensation; Occupations, Attorneys; State Agencies, Consumer & Industry Services. Support in Principle. SB 1328—Courts, District Court; Civil Procedure, Civil Action; Occupations, Attorney. Support in Principle. SB 1356—Criminal Procedure, Evidence; Children, Abuse or Neglect; Crimes Against Minors, Family Independence Agency. Support in Principle with proposed amendment that a copy may be provided to defense counsel by a court order that contains protective conditions. HB 4765—Criminal Procedure, Evidence, Domestic Violence. Support in Principle, but matter should be addressed in a Court Rule, consistent with prior position on a similar matter. Roll Call Vote: Voting in Favor Voting Against HB 6139—(Not included in packet—reported by Lerner) Introduced to impose caps on all damages for all personal injury claims. Deferred to next meeting pending an opinion from general counsel regarding any previous position the Bar has taken in regard to caps, and whether they are within Administrative Order 93.5. Young Lawyers Section—Evanne Dietz, Chairperson 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 was adjourned at 12:12 p.m.
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