FEDERAL MAGISTRATE JUDGES ASSOCIATION BOARD OF DIRECTORS MEETING FEBRUARY 29, 2008 (Telephone Conference) Officers Participating: President President-Elect Past President Vice President Secretary Treasurer Director at Large Directors Participating: First Circuit Second Circuit Third Circuit Fourth Circuit Fifth Circuit Seventh Circuit Eighth Circuit Ninth Circuit Ninth Circuit Tenth Circuit Eleventh Circuit District of Columbia Guests in Attendance: Legislative Chair Convention Chair E-Communications Chair Bulletin Chair Legislative Advisor Hon. Charles B. Day Hon. Anthony J. Battaglia Hon. William E. Cassady Hon. George C. Kosko Hon. Thomas C. Mummert, III Hon. Mary S. Scriven Hon. Shon T. Erwin Hon. Judith (Judy) Dein Hon. Jonathan Feldman Hon. Lisa Lenihan Hon. Thomas Rawles Jones, Jr. Hon. Don Bush Hon. Sidney I. Schenkier Hon. Arthur (Art) Boylan Hon. Barry Kurren Hon. Marc Goldman Hon. Alan Torgerson Hon. T. Michael Putnam Hon. John M. Facciola Hon. Robert Collings Hon. James Donohue Hon. Malachy Mannion Hon. Holly Fitzsimmons Mr. John Napier The meeting began at 2:00 p.m., Eastern Standard Time. 1. Welcome and Attendance Presenter: Judge Charles Day, President Judge Day welcomed the board to the telephone conference meeting and attendance was taken as is reflected above. Finding a quorum existed the meeting proceeded. 2. Budget Report Presenter: Judge Mary Scriven, Treasurer Judge Scriven reported that the FMJA had $102,799 cash on hand, and that we are $3000 off our
budget projections on income. This is explained by a delayed deposit information received from the AO. We have $31,402 in the money market, $7,500 in the regular checking account, and $10,317 in the convention account. Our expenses have stabilized since we are no longer paying one third of the Livingston Group retainer. The oral report of the treasurer was accepted by the board. 3. Ad Hoc Committee on Pay Restoration Presenter: Judge Cassady, Past President Judge Cassady provided the board with a brief history of the pay restoration initiative, and the recent connection between a possible pay raise and Magistrate Judge pension issues. Other dependent issues raised by congress include restrictions on judges accepting complimentary memberships in social clubs, increased reporting requirements for judges including making the information Internet accessible and restrictions in attendance of outside seminars with expenses paid by seminar providers. The increased reporting requirements appear to be in direct conflict with the recently passed Court Security Act. With respect to the pension issue, Director Duff advised Judges Cassady, Collings, and Day that the intent is to make the bill simple, i.e., treat all judges the same. It also raises the possibility of a cleanup bill to correct or clarify any unintended consequences of legislation on pension issues. Judge Cassady suggests that this approach could be of great concern for Magistrate Judges. Judge Collings reported on events that led to our notice that pension issues were on the table along with similar Bankruptcy Judge concerns over that issue. Because of the danger of having congressional staff members drafting legislation that effects our pensions it was decided by the Ad Hoc Committee that President Day send a Magistrate Judge Position Paper on our pension issues to Director Duff in order that he would send that draft to relevant Congress members and their staff. That letter was faxed to Director Duff the afternoon of our meeting. Additionally, members of the Executive Committee and the Legislative Committee will meet with Director Duff on Monday, March 3, 2008, again to explain magistrate judges concerns and preferences on pension items. The Board by a motion from Judge Feldman, and a second by Judge Dean directed President Day to send the Position Paper and a letter of explanation to FMJA members with a caveat that no judge should contact any member of Congress without first discussing the matter with the Ad Hoc Committee. Judge Collings and John Napier reported on the passage of the Court Security Bill including the FEGLI Fix. Judge Cassady reported that it was a joint decision between the three Federal Judge Associations, the Livingston Group, and the Office of Administration to end the relationship with the Livingston Group. The Livingston Group was praised for the effective work in congress. Judge Cassady further reported that a strong team effort must continue with the Judge s Association and the AO. John Napier and members of the Legislative Committee advised the Board that our leadership must be in a position to make quick decisions, sometimes without any opportunity to contact the membership, the Board, or even members of the Legislative Committee. Therefore, Judge Bush moved with a second from Judge Battalia for a resolution which was unanimously passed granting President Day the authority to use his best judgment in the legislative process on pay restoration regarding the need for immediate decision when there is no opportunity to contact other FMJA members or committees. - 2 -
The Board with advice from John Napier, and other members of the Legislative Committee, agreed that FMJA should continue to host a Legislative Reception in the coming fall. The reception is scheduled for September 10, 2008 in the Capital. John Napier signed on the conference call at approximately 2:30 p.m. Eastern Standard Time, and signed off at approximately 3:50 p.m. Eastern Standard Time. Judge Cassady left the conference call early to attend a conference call meeting with the Ad Hoc Committee on pay restoration. Attached is a copy of Judge Cassady s written report, Judge Day s letter of explanation to FMJA members, and the February 29, 2008, final Position Paper by Judge Day. 4. Joint Executive/Legislative Committee Presenter: Judge Battaglia, President-Elect Judge Battaglia provided a brief history and purpose of the Committee s work. The work of the Committee was somewhat hampered because of the ongoing work on the pay restoration bill and the recent concern over FMJA pension issues. The Committee recommended that FMJA keep the status quo so as not to disrupt any initiative on pay restoration. Judge Battaglia reported on the possibility of joining forces with the Bankruptcy Judges to retain one Legislative Advisor representing both groups. This is still a consideration which requires more discussion. There is also a discussion about the Bankruptcy Judges being left out of the FEGLI Fix legislation. Some members on the Board opined that a Legislative Advisor on retainer could have caught the budget glitch early enough to save the benefit for the Bankruptcy Judges. Page four of Judge Battaglia s report contains the Committee s recommendations as follows: (1) that the Board resolve to continuing having a Legislative Representative prospectively; ( 2) that the Board continue to employ John Napier during the period that pay restoration and retirement are on the table for Congressional action; (3) that the Joint Committee continue to collect data and refine recommendations with regard to the following: (a) whether future part-time or full-time legislative services will be required; and (b) a recommendation of a nominee for the position of Legislative Advisor to carry forward with the full-time/part-time service for Board consideration. (4) That the Joint Committee make further status reports to the Board as the pay and retirement issues development, and that a further formal report be presented to the Board at the July 2008 Board meeting. Judge Scriven made a motion which was seconded by Judge Schenkier that the Board adopt the - 3 -
recommendation of the Committee. The Board adopted the recommendation of the Committee. A copy of the report is attached. (Senate Bill No. 2450 on page 3 of the report is an error. The actual Senate Bill No. is 1638). 5. E-Communications Committee Presenters: Judge Mannion and Judge Facciola The Committee solicited over twenty-five requests for proposals to improve the FMJA website. That list of potentials was narrowed to two companies: TAG Online, Inc., and 3,2,1,0 Consulting. The Committee recommended TAG Online, Inc., as the vendor of choice. According to Judge Mannion the improved website will contain a public area and a members area requiring a password, automatic e-mail capability including Bulletin disbursement, and FCLR will have its own port on the website which will be easily accessible for the public, members of FMJA and FCLR staff. TAG Online, Inc., maintains 400 clients including the Manhattan District Attorney s Office and The New York Women s Bar Association. The cost comparison between the two finalists is minimal. The specific costs are included in the Committee s report. The Board discussed the issues and Judge Mannion answered questions regarding the report. There was a discussion about the cost of the project and the ongoing expenses to keep the website operating. President Day provided his opinion that a professional website is essential to the FMJA and we must improve our web presence. TAG Online, Inc., proposes design costs of $7,300, hosting costs of $35.00 per month, maintenance costs of $100 per hour, total estimated first year cost of $8,920, and total estimated subsequent cost of $1,600 per year. Judge Battaglia made a motion to accept the TAG Online, Inc., proposal and the motion was seconded by Judge Mummert. The motion passed. The E-Communication Report is attached hereto. Judge Mannion signed on the conference call prior to making his report, and signed off the conference call upon completion of his report. 6. Annual Convention Committee Presenters: Judge Schenkier and Judge Donohue Judge Schenkier and Judge Donohue provided a report to the Board on the progress of this year s Convention plans. Events include a reception at the Museum of Flight, and dinner at the Kianna Lodge following a cruise from Seattle to the Lodge. Anticipated costs are as follows: $195.00 per Magistrate Judge, $150.00 per spouse, and $60.00 per child over the age of 12. The Board passed a resolution for a permanent policy in which gifts costing no more that $150.00 shall be given to the key staff person who assists the Magistrate Judge in working on the Convention. - 4 -
The Board also passed a resolution granting Judge Donohue authority to contract for the FMJA relating to the Seattle Convention. Judge Schenkier moved and Judge Lenihan seconded a motion to deposit $16,000, into the Bank of America account for purposes of the Seattle Convention. ($6,000 already in the budget, and $10,000 already in a convention account). The motion was passed by the Board. The Board adopted the report of the Annual Convention Committee and its attachments. It is attached hereto. Judge Donohue signed on prior to making his report, and signed off the conference call upon completion of his report. 7. Nominations and Elections Committee Presenter: Judge Cassady, Past President Judge Cassady reported that the Committee needs more time to provide a slate of officers for the FMJA. With respect to Circuit Directors, there are openings in the Fourth, Sixth, and Tenth Circuits. There is an April 15, 2008 cut-off date for these Circuits to provide new Directors. Judge James Moyer of the Sixth Circuit has resigned as the FMJA Director, and a special election was called in that Circuit. An un-named Magistrate Judge from Kentucky will replace Judge Moyer. In the Second Circuit Judge Dave Peeples will replace Judge Feldman who resigned to allow a wider participation in the Second Circuit with the FMJA. Judge Jones of the Fourth Circuit will resign as the Fourth Circuit director for the same reason. An unintended consequence of these two resignations is that the two replacement Circuit Directors for the Second and Fourth Circuit cannot attend either the Seattle Convention or the FMJA meetings due to conflicts in their schedules. A full discussion on the issue of Directors voting by proxy occurred in which alternative solutions were presented. Judge Battaglia provided his experience in the Ninth Circuit Magistrate Judge organization in which substitute attendees are permitted. Conference call possibilities were also discussed by the Board. In the end the Board felt that personal attendance by a representative of a circuit is important and useful. Assuming that the relevant Circuit approves of a proxy for the Board of Directors meetings. Judge Battaglia moved and Judge Jones seconded the motion to allow Judge Feldman (Second Circuit), and Judge Jones (Fourth Circuit) to act as proxy Circuit Directors at the Seattle Board of Directors Meeting provided each Circuit approves of this arrangement. Another prong of this motion sends the issue to the Nomination Committee to create a policy regarding using proxy directors for future Board of Directors Meetings. Both motions passed. 8. Long Range Planning Committee Submitted by: Judge Patty Gorence The Committee submitted a report to the Board relating to a part-time Executive Director for the FMJA. The Committee wishes to continue its investigation on the plausibility of such a position for our organization. In the report the committee separates the potential responsibility of an Executive Director. President Day suggested an amendment to the two tiers set forth in the report adding either - 5 -
the Bulletin or the Annual Convention to the tier one responsibilities. The Board passed a resolution accepting the Committees report as amended with the authorization that the Committee continue to investigate the cost, feasibility and other information relating to this endeavor. The motion was made by Judge Schenkier and seconded by Judge Kosko. The Board report is attached. 9. Consent Agenda 1. Ad Hoc Committee on Insurance Presenter: Judge Boylan The charge of his Committee was to review the insurance needs of the FMJA including the possible need for additional coverage for international trips sponsored by the International Committee. The Committee recommends that the FMJA stand pat on insurance coverage. The report was accepted by the Board. See attached report. 2. Title Committee Presenter: Judge Torgerson This Committee created possible drafts of letters to attorneys/lawyers, bar associations, and the media along with a revised UNITED STATES MAGISTRATE JUDGE Brochure all intended to promote the correct usage of our title as Magistrate Judges versus Magistrates. The Board accepted the report along with the sample drafts of letters, and the brochure. The report and drafts are attached hereto. 3. International Committee Report Prepared by: Judge Louisa Porter The report was accepted by the Board and is attached hereto. 4. Federal Court s Law Review Presenters: Judge Facciola and Judge Kosko The written report was prepared by Judge Boyd Boland. The report was accepted by the Board and is attached hereto. However, the report recommends and requests a $5,000 donation to a scholarship fund for Angela Nussbaum, the student editor of FCLR who tragically died in an auto accident in the fall of 2007. Both Judge Facciola and Judge Kosko praised Ms. Nussbaum as a bright, hard-working, dedicated individual, but both agreed that she would have preferred that the money be used to make the Federal Law Review an even better product. Instead the Charleston School of Law will present Ms. Nussbaum with a degree posthumously and the FCLR has dedicated an edition to her memory. Additionally, the FCLR will draft a letter for presentation at Ms. Nussbaum s graduation ceremony. 5. Approval of Minutes Presenter: Judge Mummert - 6 -
Minutes for the July 2007 Board Meeting, the Executive Board Meeting of September 2007, and the Board Meeting by telephone conference of December 2007 were approved by the Board. Additionally, two electronic votes regarding opening a temporary Convention Account, and approving a letter in favor of proposed Federal Rule of Evidence 502 were approved by the Board. All this was done with a motion by Judge Battaglia and a second by Judge Dein. The report is attached hereto. The Board of Directors Meeting ended at 5:03 p.m., Eastern Standard Time, by motion of Judge Boylan with a second by Judge Battaglia. - 7 -