Governance
 
Introduction Assembly   Council Officers Positions & Policies

Meetings and Minutes

Committees

Nominations to Outside Boards

ASSEMBLY

Thursday, April 25, 2013
12:00 Lunch -- 12:30 Call to Order

Minnesota CLE Conference Center

 

I.       Presentations

  • Becker Awards
  • Graven Award

II.      President’s Report

III.     Treasurer’s Report

IV.    Executive Director’s Report

V.     Consent Calendar
Bylaw Article 4.9.3. -- Consent agenda. Recommendations by committees of the Assembly shall be placed on the consent agenda of the Assembly. Items on the consent agenda shall be enacted in one motion approved by the Assembly. There will not be separate discussion of items on the consent agenda unless a representative so requests. If any representative requests separate discussion, then the item will be removed from the consent agenda and considered by the Assembly as a separate agenda matter.

A. Approval of minutes of the December 14, 2012 meeting

VI.    Additional Agenda Items
Action on a motion to authorize consideration of items on this agenda that were not included in the original notice and purpose of the Assembly meeting (requires a 75% vote) {New agenda Items will be marked with an asterisk.}
          
VII.   Elections/Appointments Committee – Dyan Ebert, Chair
A.    Report on the work of the Committee

B.    Action on the recommendation that the Assembly nominate Robert Bauer, Dakota County, to the Client Security Board
Qualifications and Interest Statements were also submitted by Thomas Klosowski and Stuart Williams.

C.    Action on the recommendation that the Assembly nominate William Kuhlmann, McLeod County, and Constance Tuck, Ramsey County, to the State Board of Continuing Legal Education
A Qualifications and Interest Statement was also submitted by Timothy O’Brien.

D.    Action on the recommendation that the Assembly nominate Nicholas Slade, Hennepin County, to the Legal Services Advisory Committee

E.    Action on the recommendation that the Assembly elect Jon Saunders, Kandiyohi County, to the Central Minnesota Legal Services Board

F.    Action on the recommendation that the Assembly elect Samuel Edmunds, Dakota County (YLD), Robert Enger, Beltrami County, and Mary Schneider, Clay County, as MSBA/ABA Delegates
Qualifications and Interest Statements were also submitted by Michael Herring (YLD), Zachary Wefel (YLD), and Fred Finch.

G.    Action on the recommendation that the Assembly elect Valerie Field, Clearwater County, to the Board of Anishinabe Legal Services

VIII.  General Policy Committee – Eric Larson, Chair
A.    Report on the work of the Committee

B.    Action on the recommendation of the Committee to support a Human Rights Committee Resolution to reinstate Rule of Law Resolution as an MSBA Policy

C.    Action on the recommendation of the Committee to support a Women in the Legal Profession Committee Resolution to adopt the amended SAGE Best Practices 

D.    Action on the recommendation of the Committee regarding a New Lawyers Section Resolution in support of On Demand CLE 
The Committee proposes an alternative resolution.
The Judiciary Committee is supporting a similar, but not identical, alternative resolution.

E.    Action on the recommendation of the Committee to support a Resolution to Amend the Standards for Criminal Law Certification

IX.    Governance Committee –Sonia Miller-VanOort, Chair
A.    Report on the work of the Committee

B.    Action on the recommendation of the Committee recommending Assembly approval of a conflict of interest policy for Assembly members

X.     Judiciary Committee – Mike Unger, Chair
A.    Report on the work of the Committee

B.    Action on the recommendation of the Committee to support S.F. 41, prohibiting discrimination in jury selection presented by MSBA Human Rights and Diversity committees

The Judiciary Committee adopted the following resolution which includes wording that differs from that presented by the Human Rights and Diversity committees:
Resolved, that the MSBA Assembly support S.F. 41, which pertains to the general statutory provisions governing administration of the jury system and would amend Minn. Stat. Section 593.32, Subd. 1, to add “marital status and sexual orientation” to the list of characteristics which may not be used as a basis for excluding persons from jury service.  Be it further resolved that this statutory amendment is not understood to change the Rules governing procedures for jury selection, which are subject to the rule making authority and case decisions of the Supreme Court.

The Legislative Committee adopted the following resolution on April 8:
Resolved, that the Assembly support the Judiciary Committee’s recommendation regarding the proposed legislative position advanced by the Human Rights and Diversity committees to support passage of HF335/SF41.

XI.    Legislative Committee –Thad Lightfoot, Chair
         A.    Report of the Legislative Committee – the 2013 Legislative Session

XII. Council
A     Action on the recommendation of the Council recommending the Assembly approve the Minnesota CLE 2013-14 budget

B.    Action on the recommendation of the Council to reaffirm the MSBA previously established positions and adopt this resolution supporting removal of legal barriers at all levels of government to civil marriage between two persons of the same sex  * 

C. Minutes of February and March meetings

XIII.  New Business

XIV.  Announcements
A.
Nomination of Candidate for MSBA Secretary (outstate) -- Notice is hereby given that, pursuant to the MSBA Bylaws, §9.3, the representatives of the outstate affiliated district bars will nominate a candidate for MSBA Secretary on Friday, May 3.  All applications for this position should be submitted to Joni Fenner - jfenner@mnbar.org

B.    Notice of elections (Elections will take place at the June 28, 2013 meeting of the Assembly. Members should encourage any Association member who is interested in being nominated to submit a Qualifications and Interest Statement to the MSBA office by Friday, May 10.)

1.     Nomination of the Assembly Representatives to the Council
MSBA Bylaws § 7.2.  Composition
The Council comprises the following representatives, all of whom must be members of the MSBA:
. . .
(e)    three representatives from the Assembly elected by the Assembly. The Assembly shall consider the need to provide for underrepresented groups in the leadership of the MSBA when electing the representatives on the Council. Once elected by the Assembly, the three representatives will serve on the Assembly by virtue of their position on the Council and vacancies will exist in their previous representative positions on the Assembly. The vacancies on the Assembly will be filled pursuant to §4.62.

The terms of Eric Larson, Jessie Nicholson, and Thad Lightfoot expire June 30, 2013; all have served one term and are eligible to serve an additional term.  All members of the 2012-13 Assembly are eligible to submit Qualifications and Interest Statements for these positions.

2.     The Assembly, sitting as the members of the Minnesota State Bar Foundation, will elect directors of the Foundation.  The three-year terms of the following directors expire on June 30, 2013: John Bultena, Ramsey County; Patrick Costello, Jackson County; Jill Prohofsky, Hennepin County; Pat Trask, Crow Wing County; and Erin O’Toole-Tomczik, Sherburne County.  Mr. Bultena, Mr. Costello, Ms. Prohofsky, and Ms. Trask are eligible to serve an additional term.  Ms. O’Toole-Tomczik is not eligible to serve another term.

3.   Minnesota CLE Board of Directors -- the terms of Angela Christy, Dyan Ebert, Kevin Hofman, Susan Holden, and Cindy Telstad expire June 30, 2013.  Ms. Christy, Mr. Hofman and Ms. Holden have served two terms and are not eligible to serve an additional term.  Ms. Ebert and Ms. Telstad have served one term and are eligible and interested in serving an additional term.  Pursuant to the Minnesota CLE Articles of Incorporation, board members are appointed by the MSBA President, with the advice and consent of the MSBA Assembly.

C.    Draft 2013-14 Assembly Meeting Schedule


Date

Time

Friday, September 20 – Bar Leader Conference

9:00 a.m. (tentative)

Friday, December 13

12:00 noon

Friday, April 25

12:00 noon

Thursday, June 26

9:00 a.m.

D.    Future Meeting
        Friday, June 28, 2013 – 9:00 a.m. (Minnesota CLE)

XV.   Adjournment