Vermont Bar Association
Board of Managers Meeting
April 25, 2014
VBA Conference Room
Present: Amber L. Barber, Gavin Boyles, Thomas S. Durkin, Jennifer Emens-Butler,
David R. Fenster, Michael E. Kennedy (via phone), Daniel H. Maguire, Grace B.
Pazdan, Daniel P. Richardson, Edward J. Tyler, III
Staff: Mary Ashcroft, Lisa Maxfield, Bob Paolini, Kevin Ryan, Laura Welcome
1. Call to Order: President David Fenster called the meeting to order at 1:10PM
2. Acceptance of Consent Agenda
A. Minutes – There was one correction to the Treasurer’s report, 2nd
paragraph (page 2) to adjust line 4 to read “…and nearly $23,000 the year
following.” With this correction, a motion was made, seconded and
unanimously passed to accept the minutes of the March 20, 2014 Board
meeting.
B. Treasurer’s Report – Lisa Maxfield updated the Board on the Mid-Year
Meeting income, which was around $27,000. Lisa noted that we budgeted
to net $40,000 this year, and we have netted $51,000. Lisa reported that
we transferred $23,000 of the CSF funds to the Vanguard Index Fund, as
it’s performing better than the Bond Fund. The Treasurer’s Report was
accepted as written.
C. Board Committee Reports
i.
Operations – Nothing to report.
ii.
Membership – Jennifer Emens-Butler stated the committee is
continuing to work on the Emeritus (70/40) issue. She stated that
one suggestion would be changing the age requirement to 75. They
will have another meeting to finalize some options.
iii.
Program and Planning – Mike Kennedy reported that he and Kevin
met and they plan on doing a ½ hour ethics webinar program using
live streaming on May 21st.
iv.
Pro Bono Committee – Mary Ashcroft stated the committee will
meet on May 1st and will be discussing a Pro Bono Conference in
October. They also discussed a Community Service Award to be
given at the Annual Meeting.
D. President’s Report – David Fenster reported that he attended ABA Day
with Bob Paolini, Dan Richardson, Jennifer Emens-Butler, Matt Valerio,
Rich Cassidy & Fritz Langrock. He noted that they met with all the
Vermont representatives. Dave mentioned the possibility of holding a
mass swearing in at the U.S. Supreme Court with Senator Patrick Leahy
sponsoring a group from Vermont.
E. President Elect’s Report – Dan Richardson thanked the Board for sending
him to both ABA Day and the Bar Leadership Conference. Dan stated that
both events are very important to prepare for VBA Board leadership.
Dan noted that the Incubator Program has four applicants. He, Bob
Paolini, Mary Ashcroft and Margaret Barry will be meeting again soon to
finalize the ABA grant application, which is due on May 15 th. Dave Fenster
asked if they had contacted CLIO about sponsoring some of the
applicants, which they have. Bob Paolini mentioned that CATIC also has a
grant available, but that application isn’t due until the Fall.
Dan reminded the Board of the May 7th meeting with Chris Newbold
regarding fundraising for VBF. He also noted that the VBF has signed the
MOU contract with the VBA and the VBF has also signed a contract with
Bob Paolini.
F. Executive Director’s Report – Bob Paolini reported that the criminal/family
law –victim parent bill passed the House unanimously. Penny Benelli and
Kate Kennedy testified before the Senate. The Senate reworked the bill to
include “best interest of the child” verbiage.
The Uniform Collateral Consequences of Conviction is moving through.
The Judicial Nominating bill is not moving.
Assistant judges sitting with magistrates passed the Senate, but is not
moving in the House.
Changes to small claims (raising the limit to $10,000) appears dead.
The Senate Appropriations budget looks like it will be to the House by
Tuesday. They have included $50,000 for Legal Aid, but it isn’t currently
place for a federal fund match.
There is a part of the bill stating when a Board can and cannot go into
Executive Session. Dan Richardson, Eileen Blackwood, and Chuck
Storrow drafted language to allow a Board to go into Executive Session to
protect client privilege. Bob noted that the VBA Municipal Law Section
members are involved in the discussion.
H.88, the bill that would block parent-child contact if the child was
conceived as a result of a sexual assault, was substantially rewritten by
the Senate Judiciary Committee. The House must now either concur or
ask for a committee of conference.
Bob noted that these are the final two weeks of the legislative session.
Bob stated that he met with Pat Gabel and discussed the position opening
at the MCLE Board. Bob stated his wish that the VBA be included, as
much as possible, with the process of recruitment. Two of the four people
currently overseeing the position and assisting in writing a procedure
manual would like to come to the VBA office to meet with Lisa Maxfield
and Laura Welcome about the overlapping information and how we can
work together on sharing of information.
Bob reported that he is trying to arrange a time to interview Beth
DeBernardi and Mike Kennedy for the VBA Journal. Pat Gabel has also
agreed to be interviewed for a VBA Journal article.
And last, Bob informed the Board that Roto Rooter had been to the VBA
office this morning, having just left 20 minutes before the meeting began,
to remove roots from the plumbing lines. The fee was around $500, and
we will need to excavate the front yard to replace some of the pipes.
G. Staff Reports –
Kevin Ryan reported that the Surveillance, Security & the Bill of Rights
program yesterday was well received. There were about 25 in attendance
with a five person panel. The program scheduled for May 9 th with
Madeleine Kunin has very low registration so far. Family Law Day on May
22nd should be a good program with a nationally known speaker. The
Digital Library is up and running. Kevin noted some news updates
involving the South Carolina Bar, and also noted legal news regarding
lawyers being available through Walmart.
Mary Ashcroft reported that the Rutland Pilot Project is operating in the
red, as is Orange County. Cases are still up with 153 placed and two more
months left in the fiscal year. Mary noted that Grace Pazdan will provide
training in foreclosure defense in Addison Co. Grace suggested
Bennington and Windham counties, as well. Mary stated that Jean Murray
will do four collection defense trainings. Lisa Maxfield suggested using our
Scholar Labs equipment to be able to archive the training programs to be
used for additional training.
Mary noted that she has interviewed the Pro Bono Award winners for the
VBA Journal, and spoke to Abby Friedman, Director of the Municipal
Assistance Center with the Vermont League of Cities & Towns about
doing a program together.
H. Section Liaison Reports – Dan Richardson noted that the Municipal Law
Section is active due to H.497, and the Environmental Section is also
active due to current legislation.
Dan Maguire noted that a member of the Criminal Law Section received
an email stating he had been unsubscribed from the list serve. It was
explained that we do have some unexplained issues with this happening,
and people should contact the VBA offices with any issues or concerns.
Amber Barber reminded the Board of the Family Law Day seminar on May
22nd, as well as the ABA Family Law Conference in October at the
Stoweflake. She also noted that the Chittenden Family Court is holding a
bench/bar meeting soon.
I. VBF Report – See President Elect’s Report above (2E).
J. ATJ Coalition Report – Bob Paolini stated that an anonymous donation
challenge came in with the promise that if judges donate $2,500, the
anonymous donor will match that donation. Bob also noted that there are
approximately 32 people attending the May 7th fundraising program.
3. Action
A. Enrollments – A motion was made to accept the following persons as
members of the Vermont Bar Association: Attorney Members: Vaughn A.
Carney, Georgiana D’Alessandro, Ryan P. Kane, Amy A. Modun.
Associate Members: Charles H. Jeanfreau, Susan Tucker Lewis, Howard
J. Pallotta, Vicki Prager, Steven M. Quevedo, Joseph E. Ronan, Jr. The
motion passed unanimously.
B. Adopt Protocol for Federal Judicial Selection Commission Nominations –
The Board was given a proposed protocol, and Dan Richardson asked
C.
D.
E.
F.
that a sentence be included to state that if time for vetting is too short, that
the VBA President be able to make a decision. A motion was made that if
the deadline for reporting a selection of nominees does not allow time
practicable to solicit nominations, that the Executive Committee has the
authority to make appointments. It was moved that with that modification,
the protocol be adopted. Motion was seconded and passed unanimously.
Change Name of Pro Bono Coordinator Position – Mary Ashcroft stated
that her current title is misleading and does not adequately reflect the
various aspects of what her job involves. Several options were discussed.
This item will be put on the agenda at the next meeting.
Request Advisory Opinion – Mike Kennedy reported that he received a
call from an attorney who wanted to represent both the buyer and the
seller of a property, because the seller (HUD) would not hire an attorney.
He stated there have been three situations of this nature that have
crossed his desk recently. Mike stated that he, Andy Mikell and Hal Miller
have put together an advisory opinion request for the Board’s
consideration to send to Sheila Ware at the Professional Responsibility
Committee. A motion was made to accept the proposed advisory opinion
to be presented to the Professional Responsibility Committee. Motion was
seconded and passed unanimously.
Adopt Amicus Brief Policy – The Board discussed different types of
Amicus Briefs, and proposed language for an Amicus Brief Policy. This
item will be added to the agenda for a future Board meeting.
Creation of a Federal Practice Section – A motion was made to create a
VBA Federal Practice Section and list serve. Motion was seconded and
passed unanimously.
4. Discussion
A. Retreat Planning – The Board was given a tentative agenda to review.
Dan Richardson spoke about possible speakers and suggested that it
would be helpful to hear from a representative from each of the ten largest
law firms in the state, or to have them meet with the Board separately
regarding what their firms needs are and what the VBA can do for them.
B. Chief Justice’s Speech and Initiative – The Board discussed the speech
Chief Justice Reiber gave at the Mid-Year Meeting Business Meeting last
month about the idea/issue of limited legal licensing. This item is on the
Retreat agenda.
C. May 7th Meeting with FBF, et. al. – See ATJ Coalition Report above (2J).
D. Federal Court Wi-Fi – Bob stated he received an inquiry regarding the
VBA covering the cost of providing Wi-Fi in the Federal Court building.
Dave Fenster suggested that this matter be given to the newly created
Federal Practice Section.
E. Update on YLD activities – Grace Pazdan reported that the YLD has
signed a two-year contract with Le Centre Sheraton in Montreal for the
annual YLD Mid-Winter Thaw in 2015 and 2016 on Martin Luther King
holiday weekends. Grace stated that the Sheraton has offered the use of
an event planner to assist with organizing cultural event activities as well
as child care at the hotel, as well as a fully stocked play room suite with
child care on Friday & Saturday nights. Grace also noted that there will be
a raffle with a registration cut-off date for entering. Dan Richardson
suggested looking at the seminars & CLE options, as he has received
feedback regarding the low MCLE credits available at that event. Grace
responded that she and Gavin Boyles have already discussed this matter
and they will be offering additional CLEs and/or longer sessions.
5. Executive Session – The Board went into Executive Session from 4:00 – 4:10pm.
6. New Business – There was no new business to report.
There being no further Old or New Business, it was moved, seconded, and passed that
the meeting adjourn. The meeting adjourned at 4:17 PM.
Respectfully submitted,
Laura Welcome
Vermont Bar Association