Board Minutes

Board Minutes - January 22, 2010
Board Minutes - January 22, 2010
Intercontinental Hotel, Kansas City, Missouri

Members Present:
H.A. Skip Walther, President
John S. Johnston, President-Elect
Lynn Whaley Vogel, Vice-President
Thomas M. Burke, Past President
Keith A. Birkes, Secretary
Erik Bergmanis
Stephen R. Bough
Suzanne B. Bradley
P. John Brady
Hon. Richard Bresnahan
Mark W. Comley
Hon. Charles D. Curless
Dana Tippin Cutler
Brian Francka
Carol Chazen Friedman
Genevieve M. Frank
Alan B. Gallas
John R. Gunn
Richard F. Halliburton
Paul G. Henry
Edward J. Hershewe
Vincent F. Igoe, Jr.
Jennifer M. Joyce
Marie A. Kenyon
Hon. John F. Kintz
Neil F. Maune, Jr.
Hon. Karen King Mitchell
Max E. Mitchell
Nancy R. Mogab
Hon. Mark H. Neill
Douglass F. Noland
Megan E. Phillips
Joseph  P. Rice, III
Brett W. Roubal
Deanna K. Scott
Allan D. Seidel
Reuben Shelton
Walter R. Simpson
Wallace Squibb
Patrick B. Starke
Raymond E. Williams
Eric J. Wulff
Members by Telephone:
Patricia A. Sexton
Members Absent:
Thomas J. Casey
W. Edward Reeves
Hon. David L. Vincent
Also Present:
Millie Aulbur
Catherine Barrie
Lucas Boling
Jim Brady
Stuart Forsyth
Kent Hopper
Chris Janku
Dan Lehmen
Jeff Markway
Linda Oligschlaeger
Hon. Wm. Ray Price, Jr.
Jason Rew
Delores Shepherd
Robert Stoeckl
Hon. Richard B.Teitelman
Gary Toohey
Jack Wax
Heidi Vollet
Eric Wilson
1. Minutes:
It was moved and seconded that the minutes of the meetings of the Board of Governors of November 20, 2009 and of the Executive Committee of November 19 and December 12, 2009 be approved. The motion was approved.
2. Financial Report:
Mr. Erik Bergmanis reported that the finances of The Missouri Bar were in very good shape as of the end of 2009. He reported that the Bar ended the year with disbursed expenditures of $5,097,390, resulting in a balance of $923,669.62 or 15.3% of total amount budgeted for 2009. He noted that this balance included approximately $250,000 that had been budgeted, but not spent, for the funding of the public information campaign in response to attacks on judicial independence and the Missouri’s Non-Partisan Court system. He noted that savings were also realized in lower than expected IT equipment costs, and commended the staff on their prudent use of the budgeted funds in 2009.
3. Legislation:
Ms. Catherine Barrie called attention to the written status summary of bar-drafted
legislation that was provided. She reported that legislative sponsors have been secured and the following two bar-drafted measures have been filed – (HB 1407) establishes the Uniform Premarital Agreement Act and (HB 1433) modifies law related to property exempt from attachment and execution.
She also reported that efforts continue to secure sponsors for the following bar-drafted legislation:
(1) A family law measure that would update the Uniform Interstate Family Support  Act, with 2008 amendments.
(2) A commercial law bill that corrects an unintended consequence of last year’s legislation included in the omnibus judicial bill (HB 481) to protect the privacy of social security numbers in court pleadings.
Ms. Barrie further reported that The Missouri Bar will once again be sponsoring a complimentary luncheon at the Capitol following the Chief Justice’s State of the Judiciary address, which is scheduled for February 3.
4. Committee Reports:
A. Young Lawyers’ Section Council
Mr. John Gunn reported that the YLS council recently voted to amend the YLS Bylaws and are presenting these proposed changes for the approval of the Board of Governors pursuant to Article VII of the YLS Bylaws. He called attention to a memo provided to the Board highlighting the YLS Council approved changes to six articles within its bylaws. He specifically elaborated on the amendment to Article II, Section 2, which changes the eligibility for membership in the YLS from 36 years old or 3 years following admission to the bar to 36 years old or 5 years following admission to the bar. He noted that this particular change is intended to better meet the needs of the non-traditional law student and expand the resources of the YLS. It also aligns Missouri Bar YLS eligibility requirements with those of the ABA. He further reported that the YLS Council unanimously approved the changes being proposed. It was moved and seconded to approve the bylaw changes as proposed by the YLS Council. The motion was approved.
5. Officer Reports:
No officer reports.
6. Strategic Planning:
Mr. Keith Birkes and Mr. Stuart Forsyth briefly explained the process for the strategic planning session, noting that the members of the Board of Governors, the YLS officers and the Missouri Bar staff have been assigned to one of five groupings corresponding with the five goal categories outlined in the 1995 Long-Range Plan. Written materials had been prepared by staff and provided in advance pertaining to each goal, along with comments received from members of The Missouri Bar. Mr. Forsyth explained that each group will participate breakout sessions to review, discuss and revise, as needed, the objectives and strategies related to their assigned goal. In addition, each group was assigned the task of focusing on one global issue of the strategic plan. These global areas were: strengths, values & issues of importance, threats, weaknesses and opportunities.
Each group met and reported their results in a general discussion session both before and after lunch.
Chief Justice Wm. Ray Price, Jr. was asked to provide an overview of the state of Missouri’s justice system, as well as his thoughts and observations regarding a fair, impartial and adequately funded judiciary.
During general discussion, it was moved and seconded to add a sixth goal that pertains to the impartiality and the adequate funding of the judiciary. Discussion focused on whether a specific goal was needed or whether such issues could be incorporated into the five existing goals. Further discussion considered whether the language of the sixth goal should be broadened from use of the word “judiciary” to use a term such as the “judicial system” or “the administration of justice.” A motion was later made to amend and/or modify the previous motion as follows: It was moved and seconded that the language and objectives of a proposed sixth goal pertaining to the impartiality and adequate funding of the judiciary be refined and included as part of the draft of the strategic plan for later consideration and action by the board.
At the conclusion of the strategic planning session, Mr. Forsyth explained the Missouri Bar staff will codify the work of each of the five groups into a new draft of the strategic plan. They will also codify the items that pertain to the proposed sixth goal. This document will be presented to the Executive Committee for refinement and then presented to the Board of Governors for its consideration at the May board meeting.
7. Process to Select the Next Executive Director
Following the conclusion of the strategic planning session, the Board of Governors excused the staff from the meeting and convened to discuss the process to select the next executive director.
8. Other Business:
Mr. Skip Walther and Mr. Keith Birkes reminded members of the Board about the evening activities, which included information as to the transportation to and from the reception and dinner at the Truman library.
There being no further business, the meeting was adjourned.
Respectfully submitted,
Keith A. Birkes, Secretary