Vermont Bar Association
Board of Managers Meeting
February 14, 2014
VBA Conference Room
Present: Amber L. Barber (via phone), David C. Carter (via phone), Thomas S. Durkin
(via phone), Jennifer Emens-Butler, David R. Fenster, Gary L. Franklin (via phone),
Michael E. Kennedy (via phone), Andrew D. Mikell (via phone), Elizabeth Novotny (via
phone), Grace B. Pazdan, Daniel P. Richardson, Edward J. Tyler, III (via phone),
Matthew F. Valerio (via phone)
Staff: Mary Ashcroft (via phone), Bob Paolini, Kevin Ryan, Laura Welcome
1. Call to Order: President David Fenster called the meeting to order at 1:05PM
2. Acceptance of Consent Agenda
A. Minutes – There was one correction to the Pro Bono Committee report to
change the wording to “Nothing to report.” With this correction, a motion
was made, seconded and unanimously passed to accept the minutes of
the January 10, 2014 Board meeting.
B. Treasurer’s Report – The Treasurer’s Report was accepted as written.
C. Board Committee Reports
i.
Operations – Dan Richardson stated the committee meeting was
postponed until next month.
ii.
Membership – Jennifer Emens-Butler stated the committee is
working on the Emeritus (70/40) issue. They formed a
subcommittee made up of past presidents who are Emeritus
members. The subcommittee will meet next month before the
March Board meeting. Ted Tyler and David Carter also noted that
some of the Emeritus members were left out of the 2014 Directory.
Bob Paolini explained that it was a coding issue and will be fixed.
iii.
Program and Planning – Nothing to report.
iv.
Pro Bono Committee – See report under Action item 3C.
v.
Mid-Size Case Committee – See Action Item 3B below.
D. President’s Report – David Fenster had nothing additional to report.
E. President Elect’s Report – Incubator Update. Dan Richardson and Mary
Ashcroft reported that they have decided to start smaller with 1 or 2 new
attorneys, instead of the larger number originally discussed. There will be
a Law Office Management course required, taught by Jim Knapp. The
idea is that there would be no cost to VLS graduates for this course, but
possibly a charge to non-VLS graduates. Amber Barber asked about an
outline, which Mary stated they do have. Dan Richardson asked if Mary
and Margaret Barry think an advisory committee would be helpful, which
Mary agreed it would be. Matt Valerio stated that he isn’t in favor of this
type of project and doesn’t believe this is something the Bar Association
should be involved with. Dan Richardson responded that he believes there
is a good reason for this project, particularly now that the project outline is
a much smaller scale. Dan stated there are many new lawyers who would
like to stay in Vermont who need practical skills and mentoring. This type
of program would fill the need, which no one else is doing. Dan also noted
that by starting out small there is less risk if it doesn’t end up working.
The Board went into Executive Session from 2:04 pm to 2:32 pm.
F. Executive Director’s Report – Bob Paolini reported that there were 67
fellowship applications submitted. They have been interviewed via Skype
and have narrowed the list down to four. They will meet with them on
March 7th.
Bob also noted the US District Court Judge position is open and the
application deadline is February 21st. The Judicial Nominating Committee
will meet on March 10 & 11 to discuss applicants and will then submit the
names of four people to consider for the position.
Bob noted that the Governor’s recommended budget shows an increase
to the judiciary budget line.
Bob also asked the Board to respond to Tami Baldwin as to whether they
will be attending the Section Chair dinner on March 20th. Bob suggested
the Board read his blog (http://vbablawg.blogspot.com/) to get an update
on the current bills.
G. Staff Reports – Nothing to report.
H. Section Liaison Reports – Nothing to report.
I. VBF Report – Dan Richardson stated that they were asked to rewrite the
$70,000 grant for fundraising development they applied for, which they did
and the grant was then approved. Bob Paolini stated that Sophie Zdatny
contacted him about how the parts should be divided and it was
suggested that Mary Ashcroft take on the Revenue Enhancement piece.
J. ATJ Coalition Report – Nothing to report.
3. Action
A. Enrollments – A motion was made to accept the following persons as
members of the Vermont Bar Association: Attorney Members: Emily N.
Brown, Kevin Lumpkin, Manisha Munshi, Lindsey A. Owen, Michael K.
Shane, Alec Slater*. Associate Members: Elizabeth F. Ahlstrand, Justin B.
Barnard; Jessa E. Barnard, Judith Boyd, Michael A. Duddy, Rajan P.
Eapen, Frederick B. Finberg, Richard B. Geller, Gerald J. Gorman,
Kristina Homoleski, James S. King, Michael J. LeVangie, Nicholas A. E.
Low, James D’Alton Murphy, Rebecca J. Otey, Scott C. Paton, Aubrey A.
Russell, Timothy Scott Sampson, Linda Schmidt, R. Brownson Spencer,
II, Johanna A. Z. van Giffen, Eva P. Vekos, Gillian A. Woolf. The motion
passed unanimously. *Note: Alec Slater’s membership application was put
before the Board after the original group of applications was approved. A
separate motion was made to accept Attorney Slater’s membership
application. Motion was seconded and passed unanimously.
B. Approve Mid Size Case Draft Rule – Gary Franklin reported that they have
approved calling Rule 80.11 Expedited Action, consistent with what
they’ve talked about for the Mid Size Case Rule. The Board of Managers
was emailed a copy for review. Gary stated that the idea is to get people
moving through cases quicker, and to better predict cost of litigating
cases, and hopefully lower the number of pro se litigants. Bob Paolini
stated that Chief Justice Reiber inquired about this last week and Bob
forwarded him a copy of the draft. Grace Pazdan asked, since the
committee used other states rules as a base, if there are any civil actions
in other states that are exempt from this rule. Gary stated that he was not
aware of anything, but there is an opt in/opt out provision built into the
rule, and a judge would be able to make adjustment, if necessary.
A motion was made that the VBA Board of Managers endorse the Rule of
Civil Procedure 80.11 and send it to the Civil Rules Advisory Committee
for consideration. Gary stated that Judges Toor and Teachout have both
been involved in this process. David Fenster asked if we should circulate it
to the bar before endorsing and sending it to the committee. Several
Board members stated that it is not necessary to circulate it and should be
endorsed and sent. The motion was seconded and passed unanimously.
C. Pro Bono Award – Mary Ashcroft reported that there were 10 nominations
for the Pro Bono Award. The Pro Bono Committee met by conference call
yesterday and nominated Sandy Baird and Jean Ann Kiewel to receive the
Pro Bono Award. Dan Richardson asked who the other eight nominees
were, which Mary stated were: Joe Bauer, Beth Danon, Leslie Hanafin,
Burlington Legal Clinic, Susan Gordon, Clark Atwell, Vanessa Brown, and
Gravel & Shea (Attorneys Jeanne Blackmore, Pauline Law, and Navah
Spero). A motion was made to accept the two nominees to be the
recipients of the Pro Bono Award to be given out at the Mid-Year Meeting
on March 21st. The motion was seconded and passed unanimously.
Mary reported that the Pro Bono Committee requested the Board of
Managers consider an Access to Justice Award to be given at the Annual
Meeting. Dan Richardson agreed in additional awards to recognize
attorneys who work to better their communities, and suggested a different
name, such as Community Service Award. The Board agreed.
4. Discussion
A. Patricia Gabel, Court Administrator – Pat Gabel was not able to attend
due to weather conditions, however she will report at the next Board
meeting on March 20th.
5. Unfinished Business
A. H.357, Writs of Execution – This item was removed from the agenda.
6. New Business – Bob reminded the Board of the ALPSLegalMatch presentation
by Matt Lubaroff at their September meeting. The program has kicked off in S.
Dakota, and Montana will be next. Bob was contacted by ALPS to suggest
introducing the program at our Mid-Year Meeting. Bob offered to contact Matt to
discuss the questions the Board had in September, and suggest a phone
conference with the Board before the March Meeting.
Grace Pazdan informed the Board that the Young Lawyers Division Mid-Winter
Thaw netted $5,000 this year.
There being no further Old or New Business, it was moved, seconded, and passed that
the meeting adjourn. The meeting adjourned at 2:55 PM.
Respectfully submitted,
Laura Welcome
Vermont Bar Association