STATE BAR OF GEORGIA BOARD OF GOVERNORS MINUTES Westin Savannah Harbor Resort/Savannah, GA The 243 rd 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. Recognition of New Officers and Board Members President Clark recognized the new Officers and members of the Board of Governors. 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 all of the following items: 1) Presidential Disciplinary Board Appointments Investigative Panel: Christian Steinmetz, III District 1 (2015) John M. Stephenson District 2 (2015) William Dallas NeSmith, III District 3 (2015) Katie Wood District 4 (2015) Ramon Alvardo District 3 (2013) Formal Advisory Opinion Board: Joseph Scott Key - Georgia Assoc. Criminal Defense Lawyers (2014) James B. Hughes, Jr. - Emory University (2014) Roy M. Sobelson Georgia State University (2014) Jeffrey Alan Van Detta John Marshall (2014) Investigative Panel: Lavern Lewis Gaskins (2013) Review Panel: Brad Marsh (2013) Edward E. Carriere, Jr. At-Large (2014) James W. Friedwald At-Large (2014) 2) 2012-2013Appointments to Standing, Special, Program and Board Committees The committee appointments as presented. 3) Executive Director Election: Cliff Brashier (2012-13 Bar Year) 4) Chief Justice s Commission on Professionalism: Dawn Jones (2014)
Page 2 5) Georgia Legal Services Reappointments: Wade W. Herring (2014); C. Ben Garren, Jr. (2014); Patricia A. Gorham (2014); and Tamara M. Woodard (2014) 6) 2012-2013 Proposed Election Schedule 2012 August 10 Deadline for submission of election schedule for publication in the October issue of the Georgia Bar Journal October Publication of the Official Election Notice in the October Issue of the Georgia Bar Journal December 3 Nominating petition package mailed to incumbent Board of Governors members and other members who request a package 2013 January 10-12 Nomination of Officers at Midyear Board Meeting (Atlanta, GA) January 31 Deadline for receipt of nominating petitions for incumbent Board members including nonresident (out of state) members March 1 Deadline for receipt of nominating petitions for new Board members including new nonresident (out of state) members March 15 Deadline for write-in candidates for Officer positions to file a written statement (not less than 10 days prior to mailing of ballots (Article VII, Section 1 (c)) March 29 Ballots mailed April 30 11:59 p.m. Deadline for ballots to be cast in order to be valid May 6 Election results available May 31 Election results reported and made available 7) Future Meetings Schedule The current Future Meetings Schedule as presented. 8) Authorization for President to Secure Blanket Position Bonds for Officers and Staff As required by Article V, Section 8 of the Bylaws, authorized the President to secure blanket fidelity bonds for the Bar s Officers and staff handling State Bar funds. 9) Designation of Depositories for General Operations of State Bar of Georgia Pursuant to Article V, Section 6 of the Bylaws, directed the State Bar and related entities to open appropriate accounts with such banks in Atlanta, Georgia, but excluding any banks that do not participate in the IOLTA Program, and other such depositories as may be recommended by the Finance Committee and designated by the Executive Committee of the Board of Governors of the State Bar of Georgia, said depository currently being Merrill Lynch, and that the persons whose titles are listed below are authorized to sign an agreement to be provided by such banks and customary signature cards, and that the said banks are hereby authorized to pay or otherwise honor any check drafts, or other orders issued from time to time for debit to said accounts when signed by two of the following: Treasurer, Secretary, President, Immediate Past President, President-elect, Executive Director, General Counsel, and Officer Manager provided either the President, Secretary, or Treasurer shall sign all checks or vouchers, and that said accounts can be reconciled from time to time by said persons or their designees. The authority herein given is to remain irrevocable so as said banks are concerned until they are notified in writing, acknowledge receipt thereof. 10) Employment of Independent Auditing Firm to Audit Financial Records of State Bar for FY 2010
Page 3 Pursuant to Article V, Section 6 of the Bylaws, designated that Cherry Bekaert & Holland be designated as the independent auditing firm to audit the financial records of the State Bar for the fiscal year 2011-2012. 11) Executive Committee Minutes (information) The minutes of the February 6, 2012, March 9, 2012, and April 19, 2012 Executive Committee Minutes as presented. The Board of Governors, by unanimous voice vote, approved all of the above items on the Consent Agenda. Report of the President President Clark addressed the Board of Governors and presented an overview of her proposed program of activities for the 2012-2013 Bar year (Exhibit B). Executive Committee Election The Executive Committee election was held with the following results: Election 1: Candidate: J. Marcus Edward Howard Nominator: John Christopher Clark Seconded: Letitia A. McDonald Candidate: Elizabeth Louise Fite Nominator: Damon E. Elmore Seconded: S. Lester Tate, III Election 2: Candidate: Patrick T. O Connor Nominator: Thomas R. Burnside, III Seconded: Tina Shadix Roddenbery Candidate: Rita A. Sheffey Nominator: Thomas W. Herman Seconded: J. Henry Walker, IV Candidate: Phyllis J. Holmen Nominator: Amy V. Howell Seconded: Sarah Brown Akins Results: Elected by majority ballot vote (to fill the unexpired term of Bob Kauffman) for a one-year term Elected by unanimous voice vote for a two-year term Elected by unanimous voice vote for a two-year term Elected by unanimous voice vote for a two-year term
Page 4 Treasurer s Report Following a report by Treasurer Patrise Perkins-Hooker on the Bar s finances and investments, the Board of Governors, by unanimous voice vote, accepted the Treasurer s report. The Board of Governors received a copy of the Income Statement by Department for the nine months ended March 31, 2012. 2012-2013 State Bar Budget with Board Restrictions Following a presentation by Treasurer Perkins-Hooker, the Board of Governors, by unanimous voice vote, approved the proposed 2012-2013 State Bar Operating and Bar Center Budgets as submitted (Exhibit C). Special Presentation Paul Painter, Jr. and Tom Bordeaux welcomed the State Bar to Savannah and presented President Clark with a congratulatory letter from the Mayor of the City of Savannah. Spring Street Viaduct Improvements Cliff Brashier provided a report on the proposed Spring Street viaduct improvements. The improvements are scheduled to begin next year and will have a major impact on access to and from the State Bar s parking deck. According to the Georgia Department of Transportation, Spring Street will be closed for at least a two-year period, leaving Marietta Street the only way to enter and exit the deck. The State Bar is looking at the possibility of securing parking spaces at a nearby garage as an alternative to parking in the deck, and the State Bar s General Counsel is working on eminent domain loss of access issues. YLD Report YLD President Jonathan B. Pannell, 66 th President of the YLD, presented a report on the activities of the Young Lawyers Division. He thanked everyone that attended the YLD Dinner and Swearing-in Ceremony, and Judge Lawton Stephens for hosting the evening s roast of Justice George H. Carley. He recognized YLD President-elect Darrell Sutton, and recognized and thanked YLD Immediate Past President Stephanie Kirijan for her many accomplishments this Bar year. He reported that he plans to expand on the YLD s theme of inclusive leadership. He announced that he is asking the YLD Board of Directors to go around the state and recruit new lawyers to get involved and attend YLD meetings. He asked the Board of Governors members to identify and encourage young lawyers in their law firms and legal community to become involved in Bar activities. He plans to strengthen the existing YLD programs and committees, particularly the Leadership Academy, and the annual Signature Fundraiser and Legislative Luncheon. He thanked Chief Justice George H. Carley for being an instrumental leader of the Bar, for participating in his 20 th (and last) YLD swearing-in ceremony, and for his many years of support to the YLD. 2013 Legislation Preview Tom Boller provided a preview of the 2013 legislative session. Georgia Law Department The Honorable Sam Olens, Attorney General of Georgia, being unable to personally attend the Annual Meeting, presented the Georgia Law Department address by videotape. ABA Paula Frederick provided an update on the activities of the ABA House of Delegates and upcoming ABA Annual Meeting in Chicago beginning August 2, 2012.
Page 5 Fee Arbitration Program The Board of Governors received a written annual report on the activities of the Fee Arbitration Program. Law Practice Management Program The Board of Governors received a written annual report on the activities of the Fee Arbitration Program. Long-Range Planning Committee The Board of Governors received a written annual report on the activities of the Long-Range Planning Committee. Military Legal Assistance Program The Board of Governors received a written report on the Status of the Military Legal Assistance Program. Professionalism Committee The Board of Governors received a written annual report on the activities of the Committee on Professionalism. Unauthorized Practice of Law Program The Board of Governors received a written annual report on the activities of the Unauthorized Practice of Law Program. Transition into Law Practice Program The Board of Governors received a written annual report on the activities of the Transition into Law Practice Program. Chief Justice s Commission on Professionalism The Board of Governors received a written annual report on the activities of the Chief Justice s Commission on Professionalism. BASICS The Board of Governors received a copy of a report from the Georgia Department of Corrections Office of Planning and Analysis of the Reconviction and Return to Prison rates for BASICS graduates as compared to all other inmates in the Georgia state prison system for a five-year period starting with prisoners released in March 2004. The report shows that BASICS graduates perform significantly better than non-basics inmates at every tracking interval throughout the study. Section Annual Reports The Board of Governors received written annual reports from the following Sections: Animal Law, Aviation, Bankruptcy, Business Law, Corporate Counsel, Eminent Domain, Environmental Law, Franchise and Distribution Law, Individual Rights Law, Intellectual Property, Judicial, Labor, Nonprofit Law, School and College Law, Taxation Law, Tort and Insurance, and Workers Compensation. Old Business Seth Kirschenbaum directed the Board of Governors members to the BASICS report in the Board agenda that provides statistical information on the program s recidivism rate. New Business There was no new business.
Page 6 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.