Assembly Meeting December 12, Agenda Item 2C Minutes

Transcription

1 Assembly Meeting December 12, 2015 Agenda Item 2C Minutes

2 MINUTES MEETING OF THE ASSEMBLY OF THE ILLINOIS STATE BAR ASSOCIATION Grand Geneva Resort & Spa 7036 Grand Geneva Way Lake Geneva, WI June 20, :00 AM 1. Call to Order Richard D. Felice, President President Felice welcomed the Assembly members and recognized Illinois Supreme Court Justices Thomas L. Kilbride, Justices Lloyd A. Karmeier, and May Jane Theis. President Felice asked the Assembly for a Moment of Silence to reflect upon the tragic events in Charleston, South Carolina and the recent loss of Sharon Harrison, spouse of former Supreme Court Justice Moses Harrison. President Felice then introduced the officers of the ISBA in attendance: Umberto Davi, President-elect; Vincent Cornelius, Second Vice-President; the Honorable Russ Hartigan, Third Vice-President; and incoming Third Vice-President Jim McCluskey. 2. Report of the Secretary Karen Enright, Secretary A. Report on the Notice of the Meeting Secretary Enright reported that proper notice of the meeting and the agenda for the meeting had been timely mailed in accordance with Assembly Rules. She further noted a quorum was present for this meeting. B. Review of the Rules of Procedure C. Introduction of Newly Elected Members of the Assembly D. Approval of the Minutes On Motion made, seconded, and carried, the minutes of the December 13, 2014, Assembly meeting were approved.

3 3. Report of the Agenda & Program Committee Dion U. Davi, Chair Committee Chair Davi summarized the purpose, membership and procedures of the Assembly Agenda and Program Committee. He recognized and thanked the members of the Committee for their service: Sam Cannizzaro; Mathew Huff; Dennis Orsey; and Tamika Walker. Upon the recommendation of Committee Chair Davi, motion made, seconded and carried, the Assembly agenda was approved. 4. President s Report Richard D. Felice President Felice expressed his thanks to the Association, its officers, and his family for being very supportive during his year as President. He noted that his year had been very successful in a number of significant activities: * A comprehensive examination of the law school student debt crisis and its impact on the delivery of legal services in Illinois undertaken by the Special Committee on the Impact of Law School Curriculum & Student Debt on the Delivery of Legal Services, chaired by Justice Ann Jorgensen; * Increased efforts concerning civics education to high school students through the Committee on Law Related Education for the Public, which included coordination with the Illinois Judges Association and its Courtroom in the Classroom program, as well as the ISBA s mock trial program; * A series of very successful CLE programs across the state known as the Solo & Small Firm Practice Institute; * Participation at a number of bar association activities across the State of Illinois; * Addressing swiftly and forcefully attacks on the judiciary, and by doing so clearly demonstrating the Association s commitment to the Illinois judiciary and support for judicial independence. President Felice also extended special thanks to Jon DeMoss and the ISBA Mutual Insurance Company for their support of the ISBA s Free CLE and Fastcase member benefits. 5. President-Elect s Report Umberto S. Davi President-Elect Davi addressed the Assembly and noted how proud he was to be the 139 th President of the Association. He expressed thanks to all ISBA members for allowing him the privilege of serving as President, and pledged to bring honor and respect to the profession and the Association. President-Elect Davi then spoke to a number of issues for his presidential year: * He expressed his sensitivity about budget issues and noted specifically actions designed to minimize Board expenses, such as moving the typical July meeting to today, and seeking to eliminate one Board meeting;

4 * He noted a recent meeting between all the officers of the Association and the Illinois Judges Association, including its incoming President and very good friend of the Association, the Honorable Bob Anderson, in an effort to continue the very good relationship between the two organizations; * He noted his intention to continue with a number of important Association projects such as the work on law school debt and curriculum issues started by his predecessors Presidents Thies, Holderman, and Felice; the continued partnership with the IJA in its Courtroom in the Classroom programs; the very well received Solo & Small Firm Practice Institute CLE programs; and the recently formed Task Force on the Future of Legal Services. * He also noted a number of new initiatives including: the establishment of a special committee to look at the expansion of Rule 711 to allow law students to provide limited legal services in court under the supervision of a private practicing lawyer; the roll out of IllinoisDocs; and a review of the ISBA dues structure. 6. Report of the ISBA Mutual Insurance Company Jon DeMoss, President President Felice called upon Jon DeMoss, President, ISBA Mutual Insurance Company, to address the Assembly. President DeMoss described a number of exciting and important activities of the ISBA Mutual. He described the upcoming relocation of the ISBA Mutual corporate headquarters to the 8 th floor of 20 South Clark, just one floor below the ISBA offices. He noted the continued sponsorship of the ISBA s Free CLE program and Fastcase in the amount of approximately $310,000. President DeMoss further noted the good year the ISBA Mutual had including: maintaining its A rating with a stable outlook from AM Best and issuing a 10% dividend to all policyholders. 7. Report of the Assembly Finance Committee Curtis Ross, Chair President Felice called upon Assembly Finance Committee Chair, Curtis Ross to address the Assembly. Chair Ross described the purpose, membership and procedures of the Committee and its work with the Board of Governors Budget and Audit Committee. He recognized and thanked the Assembly Finance Committee members for their service: Donald Craven; Sharon Mulyk; Tim Chorvat; and Megan O brien. He also recognized and thanked the members of the Board Budget and Audit Committee: Umberto Davi; Vincent Cornelius; Hon. Russ Hartigan; Hon. Celia Gamrath; James McCluskey; and Lisa Nyuli. Chair Ross noted that these two Committees worked hand in hand and examined all budget line items to arrive at the final proposed operating budget. He noted that the budget was prepared using conservative revenue numbers and was optimistic with respect to expenses. He noted that with the assistance of the ISBA Mutual s financial support for Free CLE and Fastcase, the budget was balanced. Finally, he noted that the Association currently maintained $4.9 million in reserves, which represented a very healthy seven months of operating expenses.

5 After Chair Ross presentation, the Assembly discussed the proposed budget. A number of issues and questions were raised, including specific budgetary amounts related to public relations, the Bar Center, staff costs, and generally, how the budget reflected stagnant membership. Executive Director Craghead responded to many issues including the shifting of the public relations function in-house, anticipated costs associated with upgrading the 50 year old Bar Center in order to be able to accommodate greater member services, and reductions in staff while maintaining a very high level of core member services. He also addressed an approximate 200 member reduction in the size of the ISBA, but noted the ongoing new membership campaign which was anticipated to bring in at least 500 new members. Motion made, seconded and carried to approve the budget. 8. Assembly Committee on Rules and Bylaws Rory Weiler, Chair President Felice called upon Rory Weiler, Chair of the Assembly Rules and Bylaws Committee to address the Assembly. Chair Weiler described a Board of Governors approved, and Committee supported, proposal to change to the ISBA Policy and Procedures on Association Elections to prohibit a candidate from running for two ISBA offices simultaneously. Motion made and seconded to amend the Policy. A number of Assembly members spoke in favor, and in opposition, to the proposed amendment. Those in favor believed, in part, it would encourage younger lawyers to run for ISBA office. Those opposed felt, in part, that such a restriction would potentially exclude good members from the Assembly and that it was not necessary. Upon an inconclusive voice vote, a division was called for from the floor. After a standing vote, the motion failed 77 to Limited License Legal Technician Program (Informational Presentation) President Felice introduced Paula Littlewood, Executive Director of the Washington State Bar Association and Steve Crossland, Chair of the Washington Supreme Court LLLT Board to make a presentation to the Assembly on the issue of Washington State s recent establishment of the first in the nation limited license legal technician program. President Felice noted that no action by the Assembly was required, but that many jurisdictions were considering a number of efforts, including LLLT s, to address a perceived justice gap in the delivery of legal services. Executive Director Littlewood described the current changing state of legal services that prompted adoption of the LLLT program by the Washington Supreme Court. She noted the shortage of lawyers (declining law school applications and retiring baby boomers), increasing public demand for legal services (based on civil legal needs studies), and increasing use of alternative legal service providers by the public (fueled by the internet and technology). She also

6 noted the controversy surrounding the LLLT program in Washington, including opposition from the State Bar, but also the Washington Supreme Court s decision to adopt it. Chair Crossland addressed the Assembly and described the LLLT program. He noted that the Washington Rule would allow nonlawyer LLLT s to: discuss legal procedures and court proceedings; provide lawyer prepared self-help materials; review and explain documents from opposing parties; complete and file lawyer approved and prepared forms; and advise clients on necessary documents. He further noted that the first area in which LLLT s could practice would be family law. He described the requirements of a LLLT: 18 years old; minimum of an associates degree; certain additional educational (45 hours at an ABA approved program) and experience (3,000 hours of law related experience) requirements; and adherence to a code of ethical conduct (modeled on lawyer Rules of professional conduct). He reiterated the purpose of LLLT s as a means to address the access to justice issue and the unmet legal needs of many. At the conclusion of the presentation, a number of comments were made by Assembly members. These included: a recognition of access to justice issues but also the impact of taking away jobs for young lawyers; the continue dilution of the practice of law; whether there was any quantitative data to support the LLLT rule; and lesser skill requirements for LLLt s than lawyers, as evidenced by the different examination requirements, and its impact on the delivery of competent legal services. President Felice thanked Executive Director Littlewood and Chair Crossland for addressing the Assembly. He further noted that an ISBA Task Force on the Future of Legal Services had been appointed in conjunction with President-Elect Davi and that it would be examining among other issues, the role of LLLT s. 10. Reports of the Board and Assembly Committees on Governance Vincent Cornelius, Honorable Celia A. Gamrath, and Timothy Chorvat, Chairs President Felice called upon Third Vice-President Vincent Cornelius and the Honorable Celia Gamrath, Co-Chairs of the Board Governance Committee, and Timothy Chorvat, Chair of the Assembly Governance Committee to address the Assembly. Third Vice-President Cornelius addressed the Assembly and noted that no recommendations would be presented to the Assembly at this time. He provided background on the establishment of the governance committees by President Holderman as part of her efforts to examine the relevancy of the ISBA to its members and a new generation of lawyers. He also described the activities of the Committees, including a number of proposals to reduce the size of both the Assembly and the Board of Governors. He then described the Board s determination not to recommend any changes to ISBA governance at this time in part due to a reluctance to reduce member participation in governance. He did note that the governance topic was a serious one deserving of the attention of the Assembly and Board and that it would likely be revisited in the future. He then thanked the members of the Board Committee: Keith Fruehling, Kenya Jenkins- Wright, Elizabeth Rochford, and Angel Wawryznek. Chair Chorvat then addressed the Assembly and also reiterated the seriousness of the governance discussion and the many interesting and important issues raised during the deliberations of the Committee. He then thanked the members of the Assembly Committee for all their hard work:

7 Deanne Brown, Tom Bruno, Alice Dolan, Jim Kelly, Grace Mata, Heather McPherson, Chris Ory, Arlette Porter, Tony Roethert, and Daniel Saeedi. 11. Report on Legislation Paula H. Holderman, Chair President Felice called upon ISBA Legislative Director James Covington to address the Assembly on legislative activities. Director Covington reported that the past legislative session was a successful one for the ISBA, with eight ISBA sponsored bills passing the legislature. These included: consular notification of the incarceration of foreign nationals; amendments to the Parentage Act; a substantial rewrite of the Marriage and Dissolution of Marriage Act; amendments to the Mechanics Lien Act; adoption of the Uniform Interstate Depositions and Discovery Act; and changes to the law regarding summary driving suspensions and lifetime driving license revocations. Director Covington further noted that upcoming legislative season, given the change in administrations, would be unchartered waters, but that several sections were working on legislative proposals. 12. Election of Assembly Agenda and Program Committee Members President Felice announced that two seats were available on the Assembly Agenda and Program Committee and needed to be filled by election. Four candidates were nominated: David Schaefer, Henry Cass, Amani Drew, and Nancy Easum. After election by secret written ballot, Amani Drew and Nancy Easum were declared elected. 13. Report on Illinois Bar Foundation Shawn Kasserman, President President Felice called upon IBF President Kasserman and IBF Executive Director Dave Anderson to address the Assembly. IBF President Kasserman expressed his thanks to the Association and the Assembly and noted that the IBF represents the heart of the ISBA. He described its mission as focused primarily on two issues: helping lawyers in crisis; and helping to provide access to justice for those who can t afford it. He noted that only 2% of ISBA members are IBF Fellows and asked the membership to step forward, get involved, and help the IBF meet its mission. 14. Resolutions A. Retiring Assembly Members The following Resolution was presented in Honor of Retiring Members of the Assembly: Resolution in Honor of Retiring Members of the Assembly

8 June, 2015 Be it resolved that the Illinois State Bar Association, through its duly authorized officers and representatives, express its gratitude and appreciation to the following retiring members of the Assembly for their dedicated and important service over a period of years to the Association, the profession, and to our system of justice. They are: Michael F. Bonamarte Dennis J. Burke John Lewis Fioti Gail T. Friedman Paula H. Holderman (past president) David Huber Samuel H. Levine Bryan Patrick Lynch Daniel T. Madigan Mark R. McKenna Michael T. Mertz Leonard Murray Lisa M. Nyuli (BOG) Brendan A. O Brien Meghan N. O Brien Katherine A. O Dell Maureen C. Pikarski Ronald Rascia Russell K. Scott (BOG) B President A resolution honoring ISBA President Richard D. Felice was read by President Elect Davi: Resolution in Honor of President Richard D. Felice WHEREAS, Richard D. Felice served in as the one-hundred-thirty-eighth President of the Illinois State Bar Association; WHEREAS, he placed a high priority on the provision of services that can help members in their practices, including the continuation of the free online CLE member benefit program that was originally instituted as a direct result of a special committee chaired by Mr. Felice;

9 WHEREAS, he recognized the challenges facing new members of the profession and the value of practice ready law school graduates, and created the Task Force on the Impact of Law School Curriculum to continue examining the complex issues associated with legal education with a special emphasis on consideration of constructive changes to law school curriculum; WHEREAS, he further recognized the need for the Association to develop specific programs to recruit and to serve new lawyer members, and he supported a comprehensive marketing study with the goal of improved outreach to new lawyers; WHEREAS, he understood that the largest segment of the Association is comprised of solo and small firm practitioners who value services that are convenient and topical, and he championed the concept of Regional Solo and Small Firm Practice Institutes that brought valuable programming closer to the members offices. WHEREAS, he embraced the responsibility of the legal profession to better educate the public, particularly high school students, and he lead efforts to work with the Illinois Judges Association to expand training on and promotion of the Courtroom in the Classroom project, a program aimed at Illinois high school students; WHEREAS, he was committed to keeping the ISBA leadership knowledgeable about trends impacting the practice of law, and he devoted substantial portions of ISBA Board of Governors meetings to discussions of new developments in the delivery of legal services so that the Illinois legal profession can help guide and formulate new approaches; WHEREAS, he firmly advocated for the independence of the judiciary and for the integrity of the civil justice system in Illinois when he articulately and effectively responded to unwarranted and unjustified attacks by Illinois Governor Rauner on the Justices of the Illinois Supreme Court; WHEREAS, he fully accepted his role as emissary of the Association by strengthening relationships with many bar related organizations and by personally attending countless local bar association events throughout the state; WHEREAS, he led a successful member travel program to France; THEREFORE, BE IT RESOLVED that the Board of Governors hereby expresses its appreciation and admiration for the many accomplishments of Richard D. Felice in his service as President, and further that the Board expresses appreciation to Marnell Felice who complemented the Presidential year through his style and grace. 15. Adjournment THERE BEING NO FURTHER BUSINESS before the Assembly, on motion made, seconded and carried, the meeting was adjourned Respectfully Submitted:

10 Karen Enright, Secretary