I. MINUTES A. The Board of Governors Minutes for June 13, 2007 and June 16, 2007 were approved.

Transcription

1 MARYLAND STATE BAR ASSOCIATION BOARD OF GOVERNORS MINUTES TUESDAY, SEPTEMBER 18, 2007 GEPPI S ENTERTAINMENT MUSEUM 301 W. CAMDEN STREET BALTIMORE, MARYLAND President Alison Asti called the meeting to order at 5:30 p.m. There were 36 members, 4 guests, the Executive Director and various Bar staff in attendance. I. MINUTES A. The Board of Governors Minutes for June 13, 2007 and June 16, 2007 were approved. II. REPORT OF THE OFFICERS A. REPORT OF THE PRESIDENT 1. Miscellaneous Events News Items and Correspondence: President Asti brought to the BOG s attention that the Court of Appeals today overturned the Trial Court s decision in the case of Conaway v. Deane, thereby finding constitutional the statute which forbids same sex marriage. It was also noted that the location of the upcoming MSBA Mid-Year Meeting survived the recent hurricanes. Finally, President Asti recently attended the University of Maryland Law School Orientation. The BOG was then directed to review the following materials (contained in the Board packet) at their convenience: a. Interviews are being scheduled for the four individuals who have applied for the Court of Appeals vacancy created by the retirement of Judge Alan Wilner. b. The MSBA has recommended to the Governor the following five persons for the Appellate Court s Judicial Nominating Commission: Paul Ethridge, Kathleen Howard Meredith, Roger Perkins, Benjamin Rosenberg and Renee Hutchins. c. Judge Brian Kim will be the new chair of the Asian American Special Committee. d. Article regarding the impact of judicial vacancies on the 4th Circuit. e. Article regarding funding for District Court capital improvements. f. UB Law School news: Dean Gil Holmes resigns, Dean Closius arrives, the school receives a grant for Unified Family Courts, and the school becomes a patent law repository. g. Rules Committee approves IOLTA Comparability Rule. Delegate Dwyer threatened impeachment of any Court of Appeals judge who voted to uphold the Conaway v. Deane decision (this is now moot as the decision was not upheld see above). h. Comptroller Franchot seeks to investigate lawyers who do not pay taxes, but Judge Bell refuses to provide Social Security Numbers. i. New York Times article regarding the rating of lawyers. j. Sodaro Award Photo from Annual Meeting.

2 2. Our ABA State Delegate, former MSBA President Robert Gonzales, reported on the ABA Annual Meeting. He reported that the National Conference of Bar Presidents selected Honorable Mike Conroy for its Executive Council and Jim Nolan for its Secretary. Past President Harry Johnson is serving on the ABA Judiciary Committee, Pasty President Louise Gonzales is serving on the ABA Division of Bar Services, and that he, Robert Gonzales, is serving on the ABA Diversity Center. The ABA also passed a resolution urging law firms to have no mandatory retirement age. Finally, the ABA passed a resolution urging law firms and Bar Associations to make their websites accessible for the disabled. 3. President Asti reported that the issue of whether trial lawyers should be certified has been referred to the Litigation Section and the Rules of Practice Committee for their review. 4. President Asti and Tom Murphy reported on the Immediate Response Committee. It has recently been put into effect on two occasions. The Committee has someone available in each jurisdiction. Whenever an event occurs and an individual (usually a Judge) receives unjust criticism, the Committee is prepared to respond to that criticism by putting out to the press an immediate response which clarifies the factual situation. The Executive Committee of the MSBA must approve the response before it goes out. Such a response was recently used in Montgomery County on behalf of a Judge who dismissed sexual abuse charges against a defendant for the State s failure to timely produce an interpreter. The Committee was also called into action in a recent Anne Arundel County case, although the Judge involved ultimately decided that he did not want the Committee s response to be publicized and thus it was not. 5. Regarding the issue of tax on legal services, President Asti met several months ago with Delegate Sandy Rosenberg to plan a strategy. He suggested a low key approach, but monitor the issue. More recently, President Asti and Kathy Kelly Howard met with members of both the Trial Bar and the Defense Bar. They have also met with Speaker Busch s aide and the Governor s aide, and have heard from Senator Miller s aide. Senator Miller s aide expressed optimism that there would be no tax on legal services. B. REPORT OF THE EXECUTIVE DIRECTOR The Executive Director, Paul Carlin, gave a history of Camden Station, which opened in He noted that the first deaths of the Civil War took place just outside the station walls. 1. The Executive Director reported that the following changes in membership occurred between the June 13, 2007 and September 18, 2007 BOG meetings: a. Resignations 133; Dropped Members 5; Deceased 27 b. New Members 386; Reinstatements 115 c. Total Membership Count 22, Motion was approved to grant honorary memberships to the following 17 persons who meet the criteria of being over 70, an MSBA member for at least 30 years and fully retired: a. Louis G. Close, Jr. b. Ralph L. Gastley, Jr. c. Edward J. Gutman d. Sherwood M. Hackett e. Albert W. Laisy 2

3 f. Richard H. Love g. Robert H. Metz h. Charlotte W. Pine i. Constance K. Putzel j. Robert E. Quinlan k. Paul M. Rosenberg l. Edward B. Rycbzynski m. Selma W. Samols n. Daniel S. Sullivan, Jr. o. Richard J. Taranto p. Daniel O.C. Tracy, Jr. q. Walter H. Schlegel 3. Notice has been sent electronically and by paper to all members who have not paid their dues that as of November 1 they will lose all electronic services and will not receive their Lawyers Manual in December, if they have not by then paid their dues. 4. Anne Arundel County has created a new Courthouse I.D. program 5. Miscellaneous Items: a. MSBA now waives dues for MSBA members serving in combat zones b. William J. Evans, a former MSBA Secretary and Parliamentarian, died. c. Lawyers Opinions in Commercial Transactions which was written by the MSBA Business Law Section and Real Property Section will be stored digitally in the State Law Library. d. Former MSBA staffer Carol Waldhouser wrote an ABA lawyer assistance program article. e. 21 Chinese Justice Ministry officials recently visited MSBA offices. f. The Chair of the MSBA Animal Law Section, Alan Nemeth, has been asked to teach a class at both University of Maryland and UB Law Schools. C. REPORT OF THE SECRETARY 1. The Secretary, Tom Cardaro, reported that on September 4, 2007, the Executive Committee discussed those items on tonight s agenda. 2. The Secretary reported to the Board on the 2008/2009 BOG Representation Entitlement. That entitlement showed no changes in BOG representation amongst the various jurisdictions from the current entitlement. D. REPORT OF THE TREASURER The Treasurer, John Kudel, reported total dues income through August 31, 2007 of $2,355,328.00, which represents 89.5% of the budgeted total, the best percentage in ten years. E. REPORT OF THE PRESIDENT ELECT The President-Elect, Kathy Kelly Howard, reported that we will be the hosts of the Southern Conference of Bar Presidents in Annapolis on September 25-28, III. REPORTS OF SPECIAL COMMITTEES A. Citizenship Law Related Education Project: 3

4 The Executive Director of CLREP, Rick Miller, reported on some of the programs being put on by his committee for the upcoming year. Those programs continue to include Mock Trial Competition, Baltimore City Teen Court, Law Links, Peer Mediation, etc. B. Report of Youth at Risk Committee The Co-Chair of the Youth at Risk Committee, Dawna Cobb, reported on some of her Committee s activities for the upcoming year. Those activities include expanding and enhancing Maryland Teen Courts, possibly having a spring conference, etc. IV. REPORT OF SECTIONS A. Report of Business Law Section The Chairman of the Business Law Section, Eric Orlinsky, reported on some of his Section s activities. He reported that the written document Lawyers Opinions in Commercial Transactions prepared by his Section has been given to the State Law Library to be stored electronically, and the Section is also seeking to have it published elsewhere. Mr. Orlinsky also reported that his Section did a membership survey and they are planning to respond thereto with suggestions for continuing legal education, etc. They are considering several new projects, such as changes to the LLC Statute, looking at the unauthorized practice of law, etc. V. SPECIAL ORDER OF BUSINESS - CONSIDERATION OF ABOLITION OF CONTESTED JUDICIAL ELECTIONS The BOG heard from two guests on the issue of whether we should support the abolition of judicial elections, Rachel McGuckian, Chair of Litigation Section of MSBA, and Alex Wright, former Judge of Circuit Court for Baltimore County who twice lost judicial elections. Ms. McGuckian stated that she strongly believed that Judicial Elections should be abolished in favor of retention elections, and she noted that a Bill has already been drafted to that effect. She asked the BOG to take the position which she urged. Alex Wright stated that he has lost judicial elections on two different occasions and thus has great standing to discuss the topic. He pointed out that it is an ethical dilemma in his opinion for judges to run a campaign at the same time that they are sitting on the bench. He also noted that judicial elections discourage good candidates from applying for the bench because they give up a safe private practice or District Court Judgeship to take on a Circuit Court Judgeship which requires them to run for election. He noted that five Judges had been voted off the bench in the past 10 years. He went on to state, however, that there has not to date been a careful study on Judicial Elections. After the discussion a Motion was made to reaffirm the standing position of the BOG to abolish Judicial Elections, and to support the seeking out of a sponsor for legislation to abolish Judicial Elections in favor of Retention Elections. A Motion to postpone the main motion until the October meeting was made, but failed. The original Motion was approved. President Asti noted that Judge Missouri is heading a committee to study Judicial Elections and has asked if the MSBA would like to participate on the committee. President Asti asked for volunteers. Those interested are to submit their names to her. 4

5 VI. ANNOUNCEMENTS The Maryland Bar Foundation Legal Excellence Awards function will be held in the Miller Senate Building on September 25, 2007 at 6:00 p.m. VII. ADJOURNMENT: The meeting was adjourned at approximately 7:05 p.m. Respectfully submitted, Thomas C. Cardaro, Secretary 5