STATE BAR OF GEORGIA BOARD OF GOVERNORS MINUTES January 12, 2013 The St. Regis Hotel/Atlanta, GA

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1 STATE BAR OF GEORGIA BOARD OF GOVERNORS MINUTES The St. Regis Hotel/Atlanta, GA The 245 th meeting of the Board of Governors of the State Bar of Georgia was held at the date and location shown above. Robin Frazer Clark, President, presided. Special Recognition President Clark recognized the Past Presidents of the State Bar, members of the judiciary, and other special guests in attendance. Roll Call Secretary Bob Kauffman circulated the attached roll (Exhibit A) for signature. Consent Agenda President Clark presented the Consent Agenda. There being no objection or request for removal of any item, a motion was made and seconded to approve the following items: 1) Minutes of the 244 th Meeting of the Board of Governors The minutes of the Board of Governors meetings on October 27, 2012, at the Jekyll Island Resort in Jekyll Island, Georgia, as presented. 2) Executive Committee Minutes (information) The minutes of the Executive Committee meeting on September 8-9, 2012, as presented. 3) Future Meetings Schedule (information) The current Future Meetings Schedule, as presented. 4) Commission on Continuing Lawyer Competency The appointment of Jenny Jensen and Ken Hodges for three-year terms ( ), and President Clark to fill the unexpired term of Joe Whitley for a one-year term (2013). The Board of Governors, by unanimous voice vote, approved all of the above items on the Consent Agenda Marshall-Tuttle Award Honoring Cary King Lynn Adam and Eric Ballinger presented the Military Legal Assistance Program s 2012 Marshall-Tuttle Award to Cary S. King for his outstanding service to Georgia veterans. He has provided over 2000 hours of pro bono service to service members and exemplifies the type of service the Military Legal Assistant Program provides. James Collier Award Aasia Mustakeem presented the Georgia Bar Foundation s James Collier Award to State Bar of Georgia Past Presidents Cubbedge Snow, Jr., and J. Douglas Stewart. Past President Stewart developed the policies and procedures for the establishment of the Georgia Bar Foundation. Past President Snow worked with the Georgia legislature to make sure that the IOLTA funds stayed within the Georgia Bar Foundation when the Georgia legislature was considering taking them over for the state s use Eunice L. Mixon Award Honoring Diane O Steen

2 Page 2 President Clark presented the 2012 Eunice L. Mixon Award to Diane O Steen, outgoing Executive Director of The Atlanta Bar, in recognition of her lifetime contributions to the State Bar to promote a better understanding of the importance of the rule of law, encouraging greater respect for the law and the courts, and exemplifying a sense of responsibility and public service in her community and the State of Georgia (Exhibit B). Resolution Honoring Edward Carriere, Jr. President Clark provided a report on a joint resolution from the Supreme Court of Georgia and the State Bar of Georgia honoring Edward Carriere, Jr. She, Chief Justice Carol Hunstein, and Past President Bryan Cavan presented the resolution to Ed Carriere, Jr., at his home in November for his lifetime of contributions that will have a lasting, positive impact on the legal profession and the justice system Georgia General Assembly Overview and State Bar s Legislative Representation President Clark provided a report on the Legislative Forum held at the Midyear Meeting on Friday, January 11, 2013, and thanked Nick Moraitakis for moderating the program. Thereafter, she introduced the State Bar s legislative representatives: Rusty Sewell, Charles Tanksley, Jim Collins, Meredith Weaver, and Roy Robinson. She also introduced Zach Johnson, the Bar s legislative grassroots coordinator. Updates on Criminal Justice Reform and Juvenile Code Revision Thomas Worthy and the Honorable Mike Boggs provided a report on the progress of the Special Council on Criminal Justice Reform and its recommendations to the Governor, and an update on the Juvenile Code Revision. Resolution by the Supreme Court of Georgia Honoring Frank C. Jones The Honorable Carol Hunstein presented a resolution from the Supreme Court of Georgia to the family of (the late) Past President Frank C. Jones for his distinguished career and lifetime service to the legal profession and the State Bar of Georgia (Exhibit C). Legislation Following a report by Nick Moraitakis, the Board of Governors took the following action on proposed legislation: Legislative Proposal Germane to Purposes Support on Merits Of the Bar 2/3 Majority Appellate Practice Section 1) Interlocutory Appeals in Child Passed by unanimous voice Passed by unanimous voice Custody Cases vote vote Bench and Bar Committee 1) Oath of Bailiffs, Passed by unanimous voice Passed by unanimous voice OCGA vote vote Family Law Section 1) Testamentary Guardianships, Passed by unanimous voice Passed by unanimous voice OCGA (b) vote vote 2) 2008 Amendments to Uniform Passed by unanimous voice Passed by unanimous voice Interstate Family Support Act, vote vote

3 Page 3 OCGA to Military & Veterans Law Section 1) Uniform Deployed Parent s Passed by unanimous voice Passed by unanimous voice Custody and Visitation Act vote vote Legislative Preview Rusty Sewell provided a legislative preview for the 2013 Georgia General Assembly. The dominant issue will be the state s budget and the Governor is asking for a 3% cut from each state agency. He encouraged the Board of Governors members to visit the State Capitol and get involved in the General Assembly Amendments to the Georgia Rules of Professional Conduct Following a report by Bob McCormack, the Board of Governors took the following action on proposed amendments to the Georgia Rules of Professional Conduct: Proposal Rule 7.5 Firm Names and Letterheads (Exhibit D) Rule 9.4 Jurisdiction and Reciprocal Discipline (Exhibit E) Rule 6.5 Nonprofit & Court-Annexed Limited Legal Services Programs (Exhibit F) Action Approved recommending to the Supreme Court of Georgia by unanimous voice vote Approved recommending to the Supreme Court of Georgia by unanimous voice vote Approved recommending to the Supreme Court of Georgia by unanimous voice vote Rule 1-202e, Disabled Members Following a report by Paula Frederick, the Board of Governors, by unanimous voice vote, approved recommending to the Supreme Court of Georgia proposed amendments to Rule1-202e, Disabled Members as follows: Proposed Rule e.) Disabled Members. Any member of the State Bar may petition the Executive Committee for disabled status provided the member meets one of the following criteria: i.) ii.) iii.) iv.) the member has been determined to be permanently disabled by the Social Security Administration, or; the member is in the process of applying to the Social Security Administration for permanent disability status, or; the member has been determined to be permanently disabled or disabled for a period in excess of one year by an insurance company and is receiving payments pursuant to a disability insurance policy, or; the member has a signed statement from a medical doctor that the member is permanently disabled or disabled for a period in excess of one year, and unable to practice law.

4 Page 4 Upon the Executive Committee s granting of the member s petition for disability status, the disabled member shall be treated as an inactive member of the State Bar and shall not be privileged to practice law. A member holding disabled status shall not be required to pay dues or annual fees. A disabled member shall continue in such status until the member requests reinstatement by written application to the membership department of the State Bar. Constitutional Law Section Following a report by President-elect Buck Ruffin, the Board of Governors, by unanimous voice vote, approved the proposed Bylaws (Exhibit G) and creation of a Constitutional Law Section. Nomination of State Bar Officers The Board of Governors received the following nominations for officers for the Bar year, and there being no others, declared the nominations closed: Office Nominator Nominee Treasurer John Flanders Kennedy Robert J. Kauffman Martin E. Valbuena (Seconding) Secretary Allegra Lawrence-Hardy Rita A. Sheffey Thomas R. Burnside, III (Seconding) President-elect Anita Wallace Thomas Patrise M. Perkins-Hooker David Lee Cannon, Jr. (Seconding) Nomination of ABA Delegates The Board of Governors, by unanimous voice vote, nominated the following attorneys for two-year terms to the Georgia ABA Delegate Posts indicated: Post Delegate 2 Lester Tate 4 Donna Barwick Report of the President President Clark thanked everyone involved in putting together the Midyear Meeting s Legislative Forum. She directed the Board of Governors to the Amicus Briefs (Villanueva v. First American Title Insurance Co.) provided in the Board book, which were filed after approval by the Executive Committee. She discussed her experiences speaking to local bar associations around the state and seeing the collegiality and professionalism exhibited by their memberships. She announced she is starting a suicide prevention campaign, which is the 3 rd leading cause of death in the legal profession. A video on suicide prevention is going to be produced and shown at all ethics CLE s. She reported that the Carriere s were very moved and appreciative by the joint resolution. Treasurer s Report Treasurer Patrise Perkins-Hooker provided a report on the Bar s finances and investments. The Board of Governors received a summary report of the State Bar of Georgia Revenues and Expenditures Report as of October 31, 2012, the Income Statement YTD for the four months ending October 31, 2012, the State Bar Balance Sheet as of October 31, 2012, and the State Bar of Georgia Revenues and Expenditures Report for the Bar Center as of October 31, 2012.

5 Page 5 The Board of Governors received a copy of the Budget Timetable. YLD Report YLD President Jonathan B. Pannell provided a report on the activities of the Young Lawyers Division. Over 140 young lawyers registered for YLD Business meeting at the Midyear Meeting, which is the highest attendance to date at this function, and he thanked the Board of Governors members for helping get more young lawyers involved with the YLD. Upcoming events include the annual Legislative Luncheon on February 21, 2013, where Governor Deal will be the keynote speaker, and the Signature Fundraiser on March 2, 2013, at the Capital City Club in Brookhaven. The Signature Fundraiser beneficiary is the Georgia CASA program. He encouraged everyone to become a sponsor and attend the event, and solicited silent auction items. The YLD Spring meeting will take place on April 4-7, 2013 at St. Simons Island. He directed the Board of Governors attention to his written report in the Board book. ABA Report Paula Frederick encouraged Board of Governors members to contact her if they have any issues they would like the ABA House of Delegates to consider and reported that Past President Linda Kein has just completed her term as the Chair of the ABA House of Delegate. Donna Barwick is going to provide a brief overview of the ABA House of Delegates at the next Board meeting. Bar Leadership Institute (February 22, 2013) Dennis C. O Brien provided an update on the Bar Leadership Institute that will take place on February 22, The program is sponsored by the Local and Voluntary Bars Committee. Elections Committee Thomas R. Burnside, Jr., provided an update on the activities of the Elections Committee and referred Bar members to the written report. The committee is proposing a hybrid election that will give State Bar members the choice of either receiving a paper ballot or voting electronically. Office of General Counsel Report The Board of Governors received a copy of the Report of the Office of the General Counsel for the period following the October Board of Governors meeting. Military Legal Assistance Program The Board of Governors received a written report on the Status of the Military Legal Assistance Program dated December 7, Law Practice Management Program The Board of Governors received a copy of an abbreviated report for the period of July 1 December 7, 2012 on the activities of the Law Practice Management Program. Consumer Assistance Program The Board of Governors received a written report on the activities of the Consumer Assistance Program. 14 th Annual Justice Benham Community Service Awards The Board of Governors received a memorandum from the Chief Justice s Commission on Professionalism about the 14 th Annual Justice Benham Community Service Awards. The awards presentation and program will be held on February 26, Old Business

6 Page 6 There was no old business. New Business Robin Clark thanked Michelle Garner for her hard work on coordinating the Midyear Meeting. Remarks, Questions/Answers, Comments and Suggestions The President opened up the meeting for questions and comments. Adjournment There being no further business, the meeting was adjourned.