FEDERAL MAGISTRATE JUDGES ASSOCIATION Executive Committee Meeting September 19, 2007 Washington, D.C. Officers in Attendance: President President-Elect Past President Vice President Treasurer Secretary Hon. Charles B. Day Hon. Anthony J. Battaglia Hon. William Cassady Hon. George C. Kosko Hon. Mary S. Scriven Hon. Thomas C. Mummert, III Guests in Attendance: Hon. Jerome J. Niedermeier, Benefits Chair, Legislative Committee Hon. Robert Collings, Legislative Committee Chair Hon. Aaron Goodstein, Legislative Committee Hon. John Gorman, Legislative Committee Hon. Holly Fitzsimmons, Bulletin Chair John Napier, Legislative Advisor The meeting began at 12:30 p.m. 1. Welcome and Introductions Presenter: Judge Charles B. Day, President 2. Treasurer's Report Presenter: Judge Mary S. Scriven Currently there is $2,893.00 in the Association's checking account, $7,760.00 in our money market account, and $53,574.00 in our certificate of deposit in which our return rate is approximately 5%. Because we are spending $3,500.00 per month for John Napier and $3,300.00 per month for the Livingston Group as lobbyists, our monthly expenses exceed $8,000.00. These expenses are taxing our income from the monthly dues collected by our payroll deductions. Mary recommends, and the Board approved, that when the certificate of deposit becomes due on September 30, 2007, Mary will split the certificate into two amounts; $20,000.00 which she will renew for 90 days, and the remaining $30,000+, which she will renew for six months. This is being done to provide us with the needed cash reserve and flexibility in December should our legislative expenses continue at the same rate. Tony Battaglia will physically make this adjustment because our bank is located convenient to Tony's office. The Board of Directors may meet in December by telephone to discuss
this issue further, if necessary. There are approximately 200 Magistrate Judges who are not members of the FMJA. George Kosko recommended that we pursue these judges in an effort to increase our ranks in the Association. The consensus is that these judges are entrenched in their position not to be members of our Association. 3. Budget and Finance Committee Report Presenter: Judge George C. Kosko No report was made. 4. Government Compensation Report Presenter: Judge Anthony J. Battaglia Judge John Roper, the Magistrate Judge representative on the Judicial Conference, advised us by e-mail that the effort to maintain present career law clerks in the status as career law clerks, was successful. The existing career law clerks are grand-fathered in at that position. Tony reported that in accordance with the letter from the FMJA in support of career law clerks, our position was adopted by the Judicial Conference. Therefore, if any career law clerk's judge retires, quits or otherwise leaves office, that career law clerk may remain in that position if hired by another judge as his/her career clerk. Additionally, there is a four-year term limit on any term law clerks in chambers. 5. 2007 Convention Report Presenter: Judge Charles B. Day (See attached convention costs.) We made $3,000-$4,000 profit on the Baltimore convention. There were approximately 220 attendees. The reception costs a total of $10,520.00. The banquet cost a total of $25,221.00 and the total cost was $36,103.00. The registration receipts totaled $35,295.00. We have a surplus in the FMJA Convention account in the approximate amount of $11,347.00. There was a discussion about using the surplus to reduce convention costs for our members. However, it was decided that we should continue to keep this surplus as a safeguard for a convention that results in a loss. Charles reported that he rented a room on behalf of the FMJA at the hotel for his judicial assistant, who was instrumental in staffing the convention. The Board approved that expenditure. The Board agreed in the future to contact the FJC to determine if that organization has any spare complimentary rooms available as a result of cancellations, etc. Charles Day reported that Bankruptcy Judge Charles Case paid his hotel bill on his own credit card in error. Therefore, Charles reimbursed Judge Case from the FMJA account. - 2 -
Charles will attempt to be reimbursed by the Federal Judicial Center for the hotel bill because the room was complimentary. Apparently the paperwork was not presented to the hotel by Judge Case resulting in the error. Our problem, not Judge Case's. Billy Cassady reported that the FMJA owes Charles Day a huge debt of gratitude for taking over the convention in Baltimore and performing the difficult task with skill and professionalism. That motion was passed unanimously. 6. Judge's Salary Ad Hoc Committee Presenter: Judge William E. Cassady There has been considerable effort by the FJA, NCBJ, and the FMJA to secure pay restoration for Federal Judges. We have received support from bar associations, environmental and labor groups, business groups, corporate counsel, law firms, and law school deans. Director James Duff and his staff have been instrumental in this effort. The issue is still in play and the effort will continue. 7. Diversity Committee Report Presenter: Judge Charles B. Day Judge Karen Roby filed an e-mail report from the Diversity Committee (see e-mail report attached). The report notes 2 problems as seen by the committee: (1) lack of diversity at the Magistrate Judge level; and (2) at the law clerk level for Magistrate Judges. The Committee noted objectives to improve diversity as follows: (1) increase awareness of the issue; and (2) educate legal community of Magistrate Judge and Magistrate Judge law clerk opportunities. Action items suggested by the Committee include: (1) create a diversity page on the FMJA website; (2) a general awareness campaign including: (A) presenting the issue at the FMJA workshop; (B) compile a list of bar associations to advise of vacancies in Magistrate Judge positions; (C) have a member of the Committee to be in contact with the Administrative Office; (D) Federal Magistrate Judge Board to create a policy on diversity; (E) prepare a white paper on the issue; and (F) use externs and interns to improve diversity. Billy Cassady reported on a mentor's program in his district that begins with gifted gradeschool children. Magistrate Judges in his district have agreed to act as mentors for these children to encourage law school, and possible judicial careers in the future. He recommended that models of this type, or other program, be shared with other districts. Mary Scriven reported that the African-American sororities and fraternities be contacted to seek out the children of the members, of these organizations, for possible law related careers. It was recommended that the Bulletin be used to advance diversity issues and that we present the issue at the annual meeting. Bob Collings sent the Board a letter (see attached) explaining an American Bar Association initiative for judges as mentors to minority lawyers. - 3 -
8. Long-Range Planning Committee Presenter: Judge Charles B. Day We had a brief discussion about the part-time Executive Director. Charles Day suggested the idea of eliminating the position of Vice-President. He reported that Judge Louisa Porter, the International Chair and former President of our Organization, opposes this idea because it results in less participation on the Board. Additionally, the institutional memory, necessary for our Board to exist, will suffer as a result of reducing the amount of time an individual Board Member will sit on the Executive Board prior to his/her elevation as President. Aaron Goodstein, a member of the Legislative Committee and former President of our Organization, suggested that we consider a Treasurer who remains in that position for several years, because of the specialization required for that Board position. Bob Collings reported that he received, and learned valuable information about the Association as the Treasurer, prior to his move to the President of the Organization. Billy Cassady reported that the past Treasurer becomes the leader of the Finance Committee of the Organization and therefore a year in the Treasurer's office is helpful. Jerry Niedermeier, a member of our Legislative Committee, reported that because of the term limits for current Circuit Directors, the institutional memory for the Executive Board Members was even further reduced. No decision was made on any of these issues raised by Board members. 9. 2008 Convention Report Presenter: Judge James P. Donohue The co-chairs for this Committee are James Donohue and Judge Kelly Arnold. Jim anticipates a 250-300 person turnout for the Seattle convention in 2008. He forwarded a Preliminary Report (see attached). Jim and his colleagues in Seattle have already expended significant effort and time in planning for the convention. So far the committee is considering the opening reception at the Museum of Flight, and dinner at the Kianna Lodge. Magistrate Judges have attended functions at the lodge in the past and found it favorable. There is a 1 1/2 hour cruise from the Seattle Pier to the lodge. There was considerable discussion about when and where to have the annual meeting prior to the reception. Jim will look into having the meeting at the museum or at the hotel. Other possible activities in Seattle for conventioneers include the Seattle Underground and Klondike Museum, Pike Place Market, Seattle Art Museum, Seattle Center, Outdoor Seattle Sculpture Garden, and Woodinville Wineries. The FJC has booked the Madison Renaissance Hotel in Seattle. Jim solicits any and all questions and comments relating to the Seattle Convention. 10. Legislative Committee Report Presenter: Judge Robert Collings and Judge John Napier - 4 -
Members of the Legislative Committee arrived at approximately 3:00 p.m. The FEGLI legislation is moving along and John Napier is hopeful that the bill will pass. It is included in the Judicial Security Bill. The Legislative reception was scheduled for that evening in the conference room of the Majority Whip, Hon. James E. Clyburn. 11. Bulletin Committee Presenter: Judge Holly Fitzsimmons Valerie Couch (co-chair) and Holly will continue to meet with Mal Mannion, the Chair of the E-communications Committee to improve this publication. The newest version of the Bulletin was excellent and the Board complimented Val and Holly for their work. There was a discussion about sending the new Bulletins to our members exclusively by e- mail. Holly mailed approximately 200 of these by hand last year at considerable expense and effort. Many were returned by the post office with the wrong address listed. There is a sentiment on the Executive Board to make certain that all members of the FMJA receive this wonderful publication and if a judge/retired judge has no e-mail capability we should continue to send the bulletin by normal mail system. Others suggested that it would be rare for any of our contemporaries, or former colleagues not to have e-mail capabilities and perhaps some simply do not like the change to electronic documents. No decision was made on this issue. Holly will report her findings prior to any further mailing of the bulletin. 12. Miscellaneous The Federal Clerk's Association Presenter: Judge William E. Cassady This organization would like our support for an enhanced retirement package to compare with the JRS system - 91% of their salary after 15 years of service at age 55. Although there was no opposition from the Executive Board for this support, it was decided to advise the Organization to contact us when a time was right. From the request received from Billy, it is apparent that the matter is not of issue at this time. Further, Tom Mummert was directed to locate the minutes in which the FMJA previously provided support for that organization by contacting archivist Judge Robert Johnston. Board members suggested that perhaps the minutes of 2001 might contain this matter. Air Travel to Board Meeting Presenter: Judge Thomas C. Mummert, III - 5 -
Board and Executive Board members are asked to locate the least expensive airline tickets to our meetings - not the refundable tickets. It was decided that if an emergency occurs and the Magistrate Judge cannot attend the meeting after he or she purchased the ticket, the FMJA will reimburse the judge for any lost expense. Consent Calendar Presenter: Judge Anthony J. Battaglia This vehicle should be used at the all Board meetings to expedite the time we take on matters that are not contested or opposed. The Board thought that this was a good idea. The President will attempt to use a consent calendar in the future unless there is an objection. Rules Governing Judicial Contact and Disability Presenter: Judge Anthony J. Battaglia (See the attached e-mail from Tony to 9th Circuit Court of Appeals Judge William Fletcher). The 9th Circuit Magistrate Judge Organization is seeking a rule change (Rule 12(c)) which now permits the Chief Circuit Judge to designate a Magistrate Judge or Bankruptcy Judge to serve as an Advisor to the Committee when the matter involves a Magistrate or Bankruptcy Judge. There is presently a notification clause in the rule which requires the Chief Judge to appoint a Magistrate Judge or Bankruptcy Judge only if the Magistrate or Bankruptcy Judge being investigated requests such actions. Tony points out that this is at a time of stress for the Magistrate or Bankruptcy Judge in which he or she is being investigated. The Magistrate or Bankruptcy Judge should not be required to make such a request under these conditions. Under the 9th Circuit Magistrate Judge recommendation it is suggested that this action be taken by the Chief Circuit Judge automatically when a Bankruptcy or Magistrate Judge is being investigated by the Committee. Tony is requesting that the FMJA join in this request for a rule change. There will be an e- mail vote by the Board on this issue at the President's direction. Tony also advises that the 9th Circuit Magistrate Judges are also seeking a rule change to allow the Magistrate or Bankruptcy Judge Advisor on the Committee to have a vote when appointed to the Committee. March Meeting Expenses Presenter: Judge Mary S. Scriven Mary, as Treasurer, is concerned about the current monthly expenses of our organization. - 6 -
She suggests that perhaps a reduced number attend the March meeting and the remainder meet by telephone to reduce the travel cost of the meeting. No action was taken on that suggestion. The Board would like to formerly thank Judge John M. Facciola for allowing the Executive Board to meet in the District of Columbia courthouse. His hospitality and friendship is appreciated. The meeting ended at approximately 4:15 p.m. - 7 -