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TCL > July 2013 Issue > Minutes of Meeting: May 11, 2013

July 2013       Vol. 42, No. 7       Page  41
In and Around the Bar
CBA Board of Governors

Minutes of Meeting: May 11, 2013
by Denise Lynch

The CBA Board of Governors (BOG) meets two to three times per year. The Colorado Lawyer publishes Minutes of these meetings to apprise CBA members of BOG actions. CBA members who have questions about any of the issues addressed at a BOG meeting or about any of the information appearing in these Minutes should contact Dana Collier Smith, CBA Assistant Executive Director, at (303) 824-5318, (800) 332-6736, or

The CBA Board of Governors (BOG) met at the Ralph Carr Judicial Center in Denver on Saturday, May 11, 2013. Information about the BOG, including meeting Minutes with lists of meeting attendees, is available on the CBA website, (click on "Inside the Bar," then "Governance"). BOG meeting Minutes are subject to BOG approval. These Minutes will be reviewed at the November 2013 BOG meeting.

Actions Taken

> CBA President Mark Fogg called the meeting to order. He welcomed the BOG and guests.

> The BOG approved the November 10, 2012 meeting minutes.

> The BOG approved the 201314 CBA budget, as presented by CBA Treasurer Charley Garcia and CBA Deputy Executive Director Greg Martin.

>  The BOG approved the appointment of Mary Jo Gross as CBA Treasurer, the appointments of Ruben Hernandez and Marla Underell to the CBA Executive Council, and the reappointments of David Lytle, Randy Star, and LaKisha Cook as ABA Delegates, as presented by Terry Ruckriegle.

> The BOG approved a CBA Bylaw amendment creating the Military and Veterans Affairs Section, as presented by John Vaught. Vaught also highlighted the work done by the Military Law Committee.

> The BOG approved an amendment to the CBA Bylaws granting the Association of Magistrates a seat on the BOG.

> The BOG approved amendments to the CBA Bylaws changing the timing of the nomination process and making the President-Elect a voting member of the Nominating Committee, as presented by Richard Murray.

> The BOG approved the revised Real Estate Title Standards 6.3.2 and new Title Standard 6.3.3, which related to entity name variations and abbreviations, as presented by Dan Sweetser.

> The BOG approved amendments to the CBA Young Lawyers Division (YLD) Bylaws to indicate lawyers within the first five years of practice will be members of the YLD, and allowing members of the YLD Council who begin their two-year term to finish their term even if they cease to be classified as a young lawyer, as presented by Emma Garrison.

> Attorney Mark Lassiter from Arizona gave a PowerPoint presentation on the future of the legal profession.

Administrative Matters

CBA President’s Report

> Mark Fogg reported on the following:

• Legal Services Funding

— He mentioned the emergency funding Colorado Legal Services had received from the Supreme Court.

— The CBA sections also gave a total of $80,000 to local bar association legal services programs.

— Under CBA President-Elect Terry Ruckriegle’s leadership, solutions will be explored for addressing the funding crisis.

• Modest Means Task Force

— The purpose of the task force was to provide a toolkit so that attorneys could acquire and retain middle class clients. The toolkit was expected to be completed by the end of June. The concept was presented at the Western States Bar Conference resulting in a number of the state bars expressing interest in receiving the toolkit to be adapted to their bars.

• Chief Justice Commission

— Fogg asked for volunteers for the four working groups within the commission.

• Specialty Bar Dinner

— Fogg and Ruckriegle recently held a dinner with all the leaders of the specialty bars to discuss challenges and issues facing the bars and how to collaborate with each other on matters of joint interest.

• Outgoing Executive Council

— Fogg thanked and acknowledged the outgoing Executive Council members and presented to them Certificates of Appreciation.

• Gavel Passing

— Fogg welcomed Terry Ruckriegle as incoming president. Ruckriegle thanked Fogg for his leadership and indicated he would explore ways to improve the bar–bench relationship during his term.

Executive Director’s Report

> Chuck Turner reported on the following:

• Membership Update

— The benefits of CBA membership were included in the agenda packet and an "elevator speech" that members could use to point out reasons to join the bar was distributed.

• State Mock Trial Competition

— William Jackson Palmer High School won the state championship and was now at the National Championship Competition.

• Law Day Activities

— A list was posted on the CBA website of Law Day activities that had taken place around the state. He highlighted the Adam’s County Breakfast and the tremendous participation by law enforcement agencies.

— Turner highlighted the Adam’s County breakfast event.

• Transition of Family Violence Issues

— The part or the program that had been transitioned is Colorado Alliance for Cruelty Prevention (the link between animal abuse and family violence). It transitioned to the University of Denver Graduate School of Social Work, Animal Human Bond Program. The ongoing program has received nationwide recognition.

• ABA Delegates Report

— This was included in the Agenda packet.

Treasurer’s Report

> Charley Garcia reported the following:

CLE would not be making a contribution to the CBA this year, as has been done in the past.

The CBA had waived rent for the Legal Aid Foundation and COLTAF.

Garcia highlighted some of the increases in expenses including the CBA YLD extra expenditure of $5,000.

Current reserves were at $4.5 million. All expenses were in line with the budget. This year’s expected losses were $105,000, which was less than projected.

Informational Reports

Legislative Update

CBA Lobbyist Michael Valdez recapped the recently concluded legislative session.

Updates on legislation in which the CBA was involved:

CBA-sponsored legislation: Probate Code Omnibus bill (SB 13-70); Benefit Corporations (HB 13-1138); UCC Article 9—Secured Transactions (HB 13-1284); and Filing of Deeds of Trust (HB 13-1307). Valdez also reported that all of the Judicial Branch priorities were funded.

Legal Services for Domestic Violence Victims: Strong support from the Access to Justice Commission helped increase the budget line item for the Family Violence Justice Fund (legal services) to $1,170,000. This was a $512,000 increase in the general fund appropriation over the current appropriation.

Initiatives that impact the judiciary: Currently there were no initiatives filed that would impact the judiciary. Valdez stated that the November ballot could only have TABOR issues and the CBA did not expect a ballot issue for 2013. He and staff would be watching for possible initiatives with a negative impact on the judiciary for the 2014 election cycle.

— Valdez reminded the BOG that the August issue of The Colorado Lawyer would contain the annual summary of legislation of interest to practitioners. He also told the BOG that he was available to present a one-hour CLE legislative update for the local bars.

Colorado Mentoring Program

John Baker, Executive Director of the Colorado Mentoring Program, reported that he believed that the Colorado legal community would survive the change in the profession as outlined by Arizona attorney Mark Lassiter. Baker would be traveling to all twenty-two judicial districts to evaluate their existing mentoring programs. His office would act as a resource for those that have programs and will assist developing mentoring programs for those that didn’t have one.

Court Reports

Colorado Supreme Court

— Chief Justice Bender showed a "Rule of Law" video—now on display at the new Judicial Learning Center—that highlights the importance of the U.S. justice system. Additionally, ten new employees were hired to help with pro se clients. He praised John Baker’s new position as Executive Director of CAMP and the Colorado Lawyers for Colorado Veterans program. He also congratulated Mark Fogg and Chuck Turner for their leadership and work with the Chief Justice’s Commission. He highlighted the visit by Colorado Supreme Court Justice Sonia Sotomayor for the Ralph L. Carr Judicial Center dedication.

Colorado Court of Appeals

— Judge Alan Loeb reported that the court currently has twenty-two judges. He highlighted the public outreach program the courts were participating in. He also noted that court of appeals judges had been visiting all of the judicial districts in Colorado and meeting with the judges, magistrates, and administrators to observe how the system operated around the state. Judges also were meeting with legislators and their staff at the Capitol in Denver, so that the judges and lawmakers understand what each branch does. He praised the Supreme Court Librarian and staff for the work they had done with the new library.

Law School Reports

University of Denver Sturm College of Law (DU Law)

— Senior Associate Dean Fred Cheever reported that across the country, applications to law schools were down, but DU Law had not experienced a decrease. He stated their bar passage rate was at 90%. Fall students would experience a five-day session, which is different from the current one, and would have a low student–teacher ratio in the first year. The law school would offer twenty-four credit hours in experiential learning. He noted that in the last three years, DU Law has moved up sixteen spots in three years in the US News rankings, and that employment figures were at 90% for the 2012 class. He thanked the legal community for its support of the school and volunteerism.

University of Colorado Law School (CU Law)

— Dean Weiser congratulated Justice Bender for receiving the top honor at CU Law’s Annual Alumni Dinner and announced that the Mike Bender Engagement Fund had been established. He also thanked Mark Fogg for his leadership at the CBA. CU Law’s graduation ceremony included a theme of humility and service as attorneys. Weiser highlighted the Colorado Action Plan and provided handouts on the program. He noted that CU Law had not raised tuition and was committed not to do so in the foreseeable future. CU Law was focused on giving scholarships to those who become lawyers in under-represented areas. CU Law has statistics on its website that looked at jobs graduating students take after law school. CU Law’s Natural Resources Law Center recently was renamed the Getches–Wilkinson Center for Natural Resources, Energy, and Environment in honor of Dean Getches and Charles Wilkinson.

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