Vermont Bar Association
Board of Managers Meeting
February 24, 2012
VBA Conference Room
Present: Amber L. Barber, James F. Carroll, David C. Carter, Therese Corsones,
Jennifer Emens-Butler, Austin R. Gray, Daniel H. Maguire, Daniel P. Richardson,
Matthew Valerio
Staff: Bob Paolini, Kevin Ryan, Lisa Maxfield, Laura Welcome
1. Call to Order: President Jim Carroll called the meeting to order at 1:35 p.m.
2. Acceptance of Consent Agenda
A. Minutes – The minutes from the January 13, 2012, meeting were adopted
as written.
B. Treasurer’s Report – Matt Valerio presented the Treasurer’s Report. He
noted that the Blockbuster Evidence CLE netted almost $10,000. Also
noted is that membership is slightly down from where we’d like to be at
this time, but membership applications continue to come in. Lisa Maxfield
stated for the next meeting she will provide the Board with the list of those
who have not renewed. Lisa also noted that LRS brought in $19,000 in
February and CLEs are up to $63,000. Directory advertising and sales are
starting to come in, which will be reflected in next month’s report.
Additionally, there were some grant monies that were returned, and Lisa
stated she will have an accounting for the Board next month. There will be
$15,000 in grant money coming from the ABA, however that may not be
until the next fiscal year.
C. Board Committee Reports
i.
Operations – Amber Barber reported that she attended the NCBP
meeting in New Orleans last month. She stated that Bob Paolini
was on the panel for disaster planning and shared the work the
VBA has done in the aftermath of Tropical Storm Irene. Amber
stated there were many great ideas from other state bars, and that
led her to think about what we should be doing to ensure the VBA
can continue running in spite of a disaster, and is there a way to be
up and running outside the office if something were to happen to
the building. Computer back-up options and costs involved are
some of the things to look into and implement, and Amber stated
the committee will be looking into this. The committee will also look
into updating the resource lists to include in the Disaster Manual.
Amber noted that keeping the website up to date with this
information is important, as well. Kevin Ryan added that Lisa
Maxfield is looking into back-up options and will report back in the
future.
ii.
Membership – Austin Gray reported that the committee is looking
into ways to boost membership.
iii.
Program and Planning – Dan Richardson reported that the Young
Lawyers Division is doing a survey of youtube and other internet
venues to see how other bar associations might be utilizing these
resources. Dan noted that the Mid-Year Meeting is set and so far
82 people are registered. Jennifer Emens-Butler stated that Judge
Brown would like to survey the registrants to obtain possible
questions to address at their seminar. Dan reported that they are
looking into a stand-alone seminar in June and are thinking of an
Agriculture program at the beginning of that month. The program
would include a tax component, land use, zoning, Act 250, as well
as a business component, immigration issues, food safety,
nuisance issues and numerous other components. They will pare
down the program to fit it into an 8 hour program.
iv.
Pro Bono – Teri Corsones stated that the Pro Bono Award nominee
list was comprised of John Lamson, Kate Kennedy, Trine Bech,
Charlotte Dennett, Jay Kenlan, and the entire group of attorneys
who volunteered their services to assist victims of Tropical Storm
Irene. This last group of attorneys will be recognized separately, as
a group, at the Mid-Year Meeting. There will also be a separate
recognition of Jay Kenlan. The committee voted unanimously to
honor John Lamson as the 2012 Pro Bono Award recipient. A
motion was made to accept John Lamson as the 2012 Pro Bono
Award recipient. Motion carried unanimously.
Teri also noted that the Annual Pro Bono Conference is scheduled
for October 25, 2012 and the theme will be Vermont Strong.
Bob Paolini added that the state should have someone at the MidYear Meeting to sell Vermont Strong license plates.
D. President’s Report – Jim Carroll noted that ABA Day is in mid-April and
he, Bob Paolini and Amber Barber will be attending. Jim also stated this
would be a good time to present any local matters to the Vermont
delegation while they are there.
Jim reported that there have been a few judicial complaints with
confirmations, and although the attacks were focused on the Senate, it
was contained and never made the media. As such, Jim did not feel the
VBA needs to address this issue at this time.
Jim noted that the ENE report is available if anyone is interested.
E. President Elect’s Report – Amber Barber thanked the Board for sending
her to the New Orleans meeting. She noted that it was a great experience
and good to hear what other bar associations are doing and dealing with,
which made her appreciate what our bar association does and is able to
accomplish in spite of its small size.
F. Executive Director’s Report – Bob Paolini reported that this is the first year
he has been involved in the selection of the Poverty Law Fellow. Bob
stated that he would like to include the new Fellow in our Board and
Section Chair dinner on March 22nd and also introduce him during the
Business Meeting at the Mid-Year Meeting on March 23rd. Bob stated that
he has contacted representatives from the highest Access to Justice
donors to invite them to dinner with the new Fellow. This year’s Access to
Justice Campaign has raised $89,300 to date, and Vermont Attorneys
Title has agreed to match up to $7500.
Bob reported that VLA funding is looking at a $100,000 cut. Eric Avildsen
has his mental health employees scattered in different locations due to
Tropical Storm Irene. He stated that this has created an increase in travel
time to work cases, which has increased the amount of expenses. This
means more money is needed above their regular budget just to keep
things level.
Bob noted that regarding the judicial budget, they are trying to buy back
furlough days. The conversations surrounding the judicial budget seem to
be focusing on technology.
Bob reported that Vermont is one of the states slated to receive an ABA
grant of $15,000 to do a civility and free expression program for civic
education.
With regard to the legislature, Bob stated he is following several items.
There is a bill to replace the Environmental Court with a review board
similar to the Public Service Board. Privacy of tax information is also in the
legislature. Private road is still in the works, as well as a probate bill, child
support bill, H.403 foreclosure rewrite and the licensed lender bill.
Foreclosure Mediation has been extended to 2013 because of HAMP. A
Summer Study Committee will discuss all issues surrounding foreclosures
and mediations. Bob stated that the VBA has been asked to hold another
training program and also possibly take on the referrals from the mediator
list to make sure all panel members are called for foreclosure mediation
cases.
Bob reported that there is a $25 billion settlement involving 49 states
including Vermont, which is slated to receive $6.7 million. The proposed
distribution breakdown is: $1.6 million for Vermont borrowers; $1.1 million
for Vermont borrowers who are under water; $1 million to BISHCA; and
$2.7 million to the General Fund. Bob believes some of the money going
to the General Fund should be used to pay the salary of a foreclosure
defense lawyer.
A motion was made for the VBA Board’s support for part of the funds to be
used for foreclosure defense. Motion carried unanimously.
Bob also reported that Vince Illuzzi will now be judiciary budget
spokesperson. Senator Illuzzi mentioned that he would like to come to a
meeting with section chairs to hear their opinions on the judicial budget.
Bob stated that the VBA doesn’t have section chair meetings, but he
would send an email to section chairs for their ideas and feedback.
G. Staff Reports – Kevin Ryan reported that he attended the Bar Executives
meeting in New Orleans last month. He also reported that there was an
issue on the Family Law Section list serve involving unethical behavior. As
such, additional language has been added to the VBA list serve etiquette
and FAQs. Copies were distributed to the Board. A motion was made to
accept the updated rules of use and etiquette after changing #9 to say
“VBA Member” instead of “list member.” Motion carried.
H. Section Liaison Reports – Jennifer Emens-Butler reported that there was a
Farewell to the Opera House, because the bankruptcy court will be
moving to Burlington.
I. VBF Report – Teri reported that they are currently working on grants. She
also noted that this year marks the 30th anniversary of the VBF.
3. Emerging Issues - Dan Richardson stated that he attended the Washington
County Bar meeting and was approached by an attorney who asked about being
able to vote for new Board members at the March Mid-Year Meeting without
attending. This attorney stated that due to a conflict, he will not be able to attend
the meeting, but would still like the opportunity to vote for the incoming Board
members, as a VBA member. The matter was discussed and as it is written in
the by-laws of the VBA Constitution, and in-person voting encourages
attendance and involvement, Dan suggested that the Membership Committee
discuss this matter further to determine whether a change to the Constitution
should be put before the bar. Bob mentioned that one of the five candidates
running will be out of town during the Mid-Year Meeting, and asked if the VBA
would send out his statement. Bob stated that the VBA would do so, provided
that all candidates have the same opportunity.
4. Action
A. Enrollments - A motion was made to accept the following persons as
members of the Vermont Bar Association: Attorney Members: Katherine L.
Amestoy, Cynthia R. Amrhein, Nicholas A. Cooper, Jason R. Crance,
Alexandra E. Edelman, Dona Feeney, Thomas B. Getz, Jr. William R.
Hall, Steven L. Johnson, Victoria S. Lloyd, Amy R. Menard, Susan E.
Senning, Heath A. Tiberio, Laura L. Wilson; Associate Members: Andrew
Bolduc, Genevieve Byrne, David G. Carpenter, Robert J. Carpenter,
Samantha Henchen, Andrea Mary Ruth Karle, Seth R. Karle, Marissa R.
Meredyth, Matthew Francis Meyers, John Ratliff, Vaughn SP Comeau,
Antonio Gonzalez. The motion passed unanimously.
5. Discussion
A. Retreat Planning – Jim Carroll asked everyone to think about the
discussion of the future of the bar for the June Retreat. David Carter
suggested a State tax deduction for student loan debt payments to help
keep young people in the state.
6. Unfinished Business – No unfinished business was discussed.
7. New Business –
It was determined that the May Board meeting be changed to Wednesday,
May 23rd.
Bob noted that the VBA is a recipient of non-profits over 100 years old.
There will be a ceremony at the State House on March 14, 2012.
Austin noted that the YLD Thaw netted $6000 this year.
There being no further Old or New Business, it was moved, seconded, and passed that
the meeting adjourn. The meeting adjourned at 3:57 p.m.
Respectfully submitted,
Laura Welcome
Vermont Bar Association