President Henry R. Dugan called the meeting to order at 5:40 p.m. Twenty nine (29) members of the Board of Governors were present.

Transcription

1 MARYLAND STATE BAR ASSOCIATION BOARD OF GOVERNORS MEETING MINUTES FEDRUARY 22, 2011 MARYLAND BAR CENTER 520 WEST FAYETTE STREET BALTIMORE, MARYLAND :30 P.M. President Henry R. Dugan called the meeting to order at 5:40 p.m. Twenty nine (29) members of the Board of Governors were present. I. MINUTES The minutes of the Board of Governors meeting held on January 24, 2012 in Lothian, Maryland were approved as presented. II. REPORT OF THE OFFICERS A. REPORT OF THE PRESIDENT 1. President Dugan reported on the MSBA mid-year meeting at the Westin Playa Bonita in Panama, the ABA mid-year meeting in New Orleans, and the meeting of the National Conference of Bar Presidents. He reported that our membership in the Mid Atlantic Conference and the Southern Conference of Bar Presidents affords our Association multiple opportunities to discuss critical issues with other bar leaders. 2. President Dugan reported on the communication with Judge Nickerson on concerns that were expressed on the Association s support of the Civil Marriage Bill. 3. President Dugan reported on the announced retirement of Judge James Eyler from the Court of Special Appeals. 4. President Dugan reported on the Association s efforts to support the independence of the Judiciary and for the adequate funding for this coequal branch of government. 5. The President commented on the funding shortfall of the Maryland Legal Services Corporation and noted that many service providers will be affected. 6. President Dugan noted that Judge Wilner, Chair of the Court of Appeals Standing Committee on Rules of Practice and Procedure advised that the committee has been working on a reorganization of the rules dealing with

2 general court administration, attorneys and judges. The Court has invited comment on the preliminary draft. 7. President Dugan advised that the Presidential Best Section Project Committee will consist of Jason Hessler, Greg Kirby and Judge Pamila Brown 8. The President also directed our review of the documents addressing Counsel representation at bail reviews, the media coverage on the MSBA support of same sex marriage and the reports on Judicial Compensation issue. 9. Secretary Baxter gave the report of the Special Board of Governors Committee on Governance. The members of the committee are Mr. Baxter, Jack Orrick, Harry Storm, Carl Silverman, Sara Arthur and Greg Kirby. The committee has been working on incorporating the compromise agreement with the Sections into the Bylaws. In essence proposal called for 3 new seats to the Board representing different Sections for a one year term. And provision that the governance structure would be reviewed at a minimum of 10 year intervals. In addition every Section must have young lawyer representative on its Section Council. During the course of review it was also determined that the electronic submission of information also needed to be addressed. The recommended changes were as follows: Article lll Section 7 line 4 revise Article lx to Article lv Section l1 - provides a structure for the new Section seats. The 8 largest Sections would be eligible for 2 seats and the smaller sections 1 seat. They will be designated in alphabetical order and the term will 1 year. Section 11(c) to be eligible for the Section Governor seat the Section must have at least 1 young lawyer on its Section Council Section 14- a review of the governance will be no more frequently than every 10 years beginning in 2022 Article lv Section l - Revise 75 members to 300 members Article lx New Article provides for the electronic transmission of information and electronic voting Mr. Baxter thanked the committee for their efforts and specifically recognized the extraordinary work of Mr. Silverman in the draftsmanship of revised Bylaws.

3 One additional correction was noted on page 4 Section 13 B to correct the word Presidente to President. With the correction noted the Board voted to approve the proposed Bylaw change. The matter will be considered at the Annual Meeting in June by the membership and the special committee will continue to work on regulations over the next few months. B. REPORT OF THE EXECUTIVE DIRECTOR 1. Mr. Carlin gave a membership report, including: 35 new members, 27 resignations, 1 dropped for discipline, 6 deceased, resulting in a current total membership of 24,781 Maryland lawyers. Mr. Carlin also reported on honorary membership requests submitted by Dona E. Houseal and William S. Little which were approved by the Board of Governors. 2. Mr. Carlin reported that the Construction Law section is our newest Section and has 338 members and has recently published its first book, the Maryland Construction Law Deskbook. 3. Mr. Carlin reported on recent Board of Governors nominations. There are seven vacancies to be filled including Districts 1, 4, 6 and Mr. Carlin reported on the surplus loan made by Legal Mutual Liability Insurance of $ 50,000 will be repaid to the MSBA with interest. The MSBA also had loaned MICPEL $100, Mr. Carlin reported on efforts to secure payments of unpaid membership dues as of the fifth dues billing. The staff will divide the 700 names for personal contact. 6. Mr. Carlin reported that MSBA Pattern Jury Instructions Committee has submitted all the chapters for the Criminal Jury Instructions with a release date by May. Judge Michael Mason is currently chairing the committee and Sara Arthur is the Chair of the Oversight Committee. On the Civil side, the Chair, Kelly Hughes Iverson of Goodell, DeVries a Supplement should be completed in the near future. 7. Mr. Carlin distributed his summary of the Path between Two Seas by David McCullough about the construction of the Panama Canal. C. REPORT OF THE SECRETARY Secretary Michael J. Baxter reported that the materials discussed at the Board of Governors meeting had been previously presented and reviewed in an Executive Committee teleconference meeting held on February 14, He further reported that the Committee reviewed the 22 Bills presented by the Committee on Laws and adopted the report unchanged.

4 D. REPORT OF THE TREASURER Treasurer Debra G. Schubert provided a financial report, including year-to-date dues income of approximately $2,795,490 million of total income $3,681, Dues Income has exceeded projections by a half of a percent. Ms. Sara Arthur Chair of Budget and Finance presented a request for a Budget Amendment for the Criminal Law Section of $319 for increased members to its Section Council, $1,500 to Judicial Appointments Committee for its review of several new vacancies and $1,500 for the Leadership Academy for its 15 th Anniversary Celebration. The Board approved the $3,817 supplemental request. E. REPORT OF THE PRESIDENT-ELECT President-Elect John P. Kudel reported on his trip to Costa Rica to review properties for the 2013 MSBA mid-year meeting. III. REPORTS OF STANDING COMMITTEES A. COMMITTEE ON LAWS 1. Paul Ethridge, Chair of the Committee on Laws and Richard Montgomery, MSBA Director of Legislative Relations, gave an update on current legislative issues including the Judiciary budget, the pending legislation to implement the Dewolf vs. Richmond case, as well as legislation concerning possible restrictions on cases that could be handled by the University of Maryland Law School Clinical Programs. 2. Mr. Ethridge and Mr. Montgomery presented the recommendations of the Committee on Laws on SB 237 ( Expungement of Records) (oppose), SB 223 (Elder Abuse increase Penalties) (oppose), HB 261 (OPD Representation) (support), HB 477 (Uniform Collaborative Law Act) (oppose), HB 506 ( Malpractice Claims Expert Witness admissibility of insurance coverage) (oppose), HB 507 ( Health care Malpractice Claims- Expert Witness) (oppose), SB 369 (Revision of Judgment or Verdict), (oppose immunity provision), SB 461 ( Emergency Medical Services) (oppose immunity provision), SB 494 (Retention of Right to Expungement) (oppose), SB 565 (Sex Offender Registration) (support), HB 942( Sex Offender Registration) (support), HB 751 (University of Maryland Law School Prohibited Activities) (oppose), HB 856 (Dangerous weapons During Crime) (oppose), HB 871 House Rules and Executive Nominations) (oppose), HB 961( Health and Government Operations ) (support), SB 575 ( Medical Assistance Program subrogation Reduction ( support), HB 1032 ( Agritourism - Civil Liability ) ( oppose). SB 678 ( Expungement Juvenile Transfer) (support),

5 SB 857 (Health Care Malpractice Expert Witness Admissibility Insurance Coverage (oppose), SB 924 (Health Care Malpractice Expert Witness- Limitations (oppose) Upon motion duly seconded, the Board of Governors approved the recommendations of the Committee on Laws. IV. REPORT OF SECTIONS 1. The Board received 3 Section Liaison Reports from Debra Schubert, Liaison to the Animal Law Section, Sara Arthur, Liaison to the Construction Law Section and Alan Eisler, Liaison to the Consumer Bankruptcy Section. All 3 Sections are very active. Animal Law will host its Third Symposium on March Greg Kirby reported as Liaison on the activities of the Planning Committee. The Committee Co-Chairs, Mike Siri and John Murphy, are exploring several initiatives including the use of video conferencing, Attorney 101 educational programming for new attorneys, implementing a Pro Bono day, revamping MSBA services with an eye to ease of use for members, review the increase of complaints and work with bar counsel on education, explore the ABA 2020 Report, the movement toward a national bar license, records retention, cloud storage, among other issues. ANNOUNCEMENTS 1. Erek Barron, Chair of the Young Lawyers Section, reported on the success of the Polar Bear Plunge and the upcoming YLS charitable event on March 23 at Pier 5. The proceeds will benefit the Believe in Tomorrow Foundation. Tickets are available online at the MSBA web site. He also reported that Greg Kirby was nominated to be Chair-Elect of the Young Lawyers Section. 2. The ADR Section will host its spring meeting at the Annapolis Lowes Hotel April 16, 2012 Representative Bill Brock will provide a keynote V. ADJOURNMENT The meeting was adjourned at 7:25 p.m. Respectfully submitted, Pamila J.Brown Pamila J.Brown Secretary

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