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TCL > July 2014 Issue > Minutes of May 2014 Meeting

July 2014       Vol. 43, No. 7       Page  29
In and Around the Bar
CBA Board of Governors

Minutes of May 2014 Meeting
by Leah Achen

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 dcolliersmith@cobar.org.


The CBA BOG of Governors (BOG) met at the History Colorado Center in Denver on Saturday, May 10, 2014. Information about the BOG, including meeting Minutes with lists of meeting attendees, is available on the CBA website, www.cobar.org (click on "Inside the Bar," then "Governance"). BOG meeting Minutes are subject to BOG approval. These Minutes will be reviewed at the November 2014 BOG meeting.

Action Items

  • The BOG approved the minutes of the November 13, 2013 BOG meeting.
  • The BOG approved the 2014–15 CBA budget prepared by the Budget Committee and approved by the CBA Executive Council (EC), as presented by Treasurer Mary Jo Gross.
  • The BOG approved appointments of Mary Jo Gross as CBA Treasurer and Sarah Clark and Olympia Fay to the EC.
  • The BOG approved an amendment to the CBA Bylaws creating the Environmental Sustainability Committee as a standing CBA committee, as presented by Jessica Lowrey.
  • The BOG approved an amendment to the CBA Bylaws to sunset the Availability of Legal Services Committee, as presented by Chuck Turner.
  • The BOG approved the Real Estate Section’s Title Standard 2.1.6 as it relates to the marketability of title for a recorded decree quieting title under CRCP 105. The following jurists excused themselves from the room and abstained from the vote: Colorado Supreme Court Chief Justice Nancy Rice, Colorado Court of Appeals Chief Judge Alan Loeb, 18th J.D. District Court Judge Angela Arkin, and 19th J.D. District Court Judge Elizabeth Strobel.
  • After presentations by Stacy Carpenter and Chris Forsyth,
    • The BOG approved the EC’s recommendation to oppose Ballot Initiative 79—Election of Justices and Judges. The following jurists excused themselves from the room and abstained from the vote: Chief Justice Nancy Rice, Chief Judge Alan Loeb, Judge Angela Arkin, Judge Elizabeth Strobel, 17th J.D. District Court Judge Francis Wasserman, Mag. Beth Faragher, and Mag. Michael Feeney. Judge Steven Fieldman, Patrick Salt, and Phil Shuey abstained from the vote.
    • The BOG approved the EC’s recommendation to oppose Ballot Initiative 94—Duties of the Independent Ethics Commission. The following jurists excused themselves from the room and abstained from the vote: Chief Justice Nancy Rice, Chief Judge Alan Loeb, Judge Angela Arkin, Judge Elizabeth Strobel, Judge Francis Wasserman, Mag. Beth Faragher, and Mag. Michael Feeney. Judge Steven Fieldman and Patrick Salt abstained from the vote.
    • The BOG approved the EC’s recommendation to oppose Ballot Initiative 76—Recall of State and Local Officers. The following jurists excused themselves from the room and abstained from the vote: Chief Justice Nancy Rice, Chief Judge Alan Loeb, Judge Angela Arkin, Judge Elizabeth Strobel, Judge Francis Wasserman, Mag. Beth Faragher and Mag. Michael Feeney. Judge Steven Fieldman, Natalie Chase, and Patrick Salt abstained from the vote.
    • The BOG approved up to $30,000 in funds for public polling and expenses related to the ballot initiatives.

Administrative Matters

CBA President’s Report

  • Judge Terry Ruckriegle reported on the following:
    • EC Action
      • Ruckriegle referred the BOG to the EC Minutes for details of recent meetings.
    • Acknowledgement of Outgoing EC Members
      • Ruckriegle presented certificates and thanked EC members for their service on the EC.
    • Ceremonial Passing of the Gavel
      • Ruckriegle welcomed incoming CBA President Charley Garcia by handing him the gavel to signify the July 1, 2014 start of his presidential term.
    • Acknowledgement of Justice Greg Hobbs
      • In Justice Hobbs’s absence from the meeting, Ruckriegle read the words on a certificate that will be given to Justice Hobbs for his accomplishments over his professional career, including his tireless efforts on behalf of access to justice.

Executive Director’s Report

  • Chuck Turner reported on the following:
    • Membership Update
      • A handout was provided that showed membership to be 66% of attorneys actively licensed in Colorado. Turner discussed the decrease in the percentage of active and in-state attorneys who are members and the eligibility for young lawyers to receive dues assistance from the Bar.
    • State Mock Trial Competition
      • The May issue of The Colorado Lawyer included a feature about the tournament, which is in its twenty-ninth year. Turner noted that the tournament serves as a great volunteer opportunity for lawyers and an excellent public relations vehicle for the bar.
    • Law Day Activities
      • A number of local bar associations had hosted events to commemorate Law Day.
    • SOLACE Program
      • The EC had approved the establishment of Support of Lawyers All Concerned Encouraged (SOLACE) program, which was modeled after a program of the Nebraska State Bar Association. The program’s purpose is to assist, through voluntary contributions, any lawyer, law firm employee, judge, courthouse employee, or law student who suffers a loss or develops a particular need as a result of a sudden catastrophic event, injury, or illness.
    • Ask-a-Colleague Program
      • Formerly called "Consult a Colleague," the program will offer a list of attorneys who are willing to take a brief phone call from other members to provide guidance on specific legal topics.
    • Stratum
      • The CBA offices had been remodeled to provide a shared workspace for members to use at no cost. Amenities include coffee and soda; Wi-Fi access; copying, phone, and faxing capabilities; and private meeting space.

CBA Treasurer’s Report

  • Mary Jo Gross reported that the budget was currently on track for 2014, with a projected surplus for year-end.

Informational Reports

ABA Delegate Report

  • Lisha McKinley reported on action taken at the ABA’s Midyear Meeting, including adoption of model policies for businesses and addressing the human right to receive adequate nutrition. She also indicated that, in the coming months, the ABA would be studying the access to justice paradox—that is, unmet legal needs of the middle class, along with the surfeit of lawyers. Additional topics to be addressed included voting rights, gun violence, and the future of legal education.

Attorney Regulation Counsel

  • Jim Coyle reported that his staff was very busy working with eight committees to address ethical issues attorneys confront. He had been traveling around the state to local bars discussing topics such as being proactive and providing education in lieu of disciplining attorneys by offering tools for attorneys to avoid future disciplinary actions.

CBA Disaster Legal Response

  • Margrit Parker and Lance Timbreza summarized the CBA’s efforts to provide legal assistance to victims of the Colorado floods. The Colorado Flood Legal Relief Task Force had helped 499 people on issues ranging from landlord–tenant relations, insurance, and real estate mortgage inquiries to FEMA questions. Countless volunteer attorneys assisted the victims and municipalities.

Colorado Lawyers Assistance Program (COLAP)

  • Barb Ezyk and Sarah Myers showed a video identifying several work and life stressors and providing options for those feeling overwhelmed.

Legislative Policy Committee

  • Representatives Beth McCann and Bob Gardner commented on issues the Colorado Legislature had addressed during the 2014 session, including transportation services and providing legal counsel to juveniles going through the judicial system. Michael Valdez, Director of the CBA Department of Legislative Relations, applauded the representatives for their efforts on behalf of the CBA and the outstanding work done by members of the Legislative Policy Committee.

Young Lawyers Division

  • Carlos Migoya reported on a new marketing effort to address the problems of depression and suicide among lawyers. It would publicize and create awareness of the various programs specifically targeting attorneys in distress. Migoya informed that packets and materials would be distributed statewide in the next few months.

Court Reports

Colorado Supreme Court

  • Chief Justice Nancy Rice showed a video on the Ralph Carr Judicial Learning Center, which is open and free to the public. The Learning Center boasts fun and interactive exhibits that were designed by a group of lawyers and judges. There have been 6,000 visitors to the Learning Center to date. Chief Justice Rice also noted the implementation of a "Super Committee" to handle the lists of attorneys and organizations offering services to moderate income clients.

Colorado Court of Appeals

  • Chief Judge Alan Loeb reported on the January swearing-in of two new judges, Karen Ashby and Michael Berger. Additionally, he indicated pro se filings had expanded in all types of cases. He also mentioned a scheduled February 2015 Court of Appeals judges’ retreat to discuss pressing problems and visualize what the court should look like in the next five to ten years. He expressed his appreciation to the CBA on behalf of the court for its continued partnership and support.

Law School Reports

University of Denver Sturm College of Law (Denver Law)

  • Denver Law Dean Marty Katz reported on the strategic plan to enhance employment for graduates, and shared employment statistics for recent grads. He indicated the law school data was available on Denver Law’s website.

University of Colorado Law School (Colorado Law)

  • Colorado Law Assistant Dean Marci Fulton reported on the school’s Loan Repayment Assistant Program, a new residency program, new programs for recent graduates with the Colorado Attorney General’s Office, the expansion of experiential educational clinics. He noted that Colorado Law is ranked eighth in the country for its externship pilot programs.
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