Board Minutes

Board Minutes - September 21, 2005
Westin Crown Center Hotel, Kansas City

Members Present:
Douglas A. Copeland, President
C. Ronald Baird, President-Elect
Charlie J. Harris, Jr., Vice-President
Joe B. Whisler, Past President
Keith A. Birkes, Secretary

William R. Bay
Erik Bergmanis
Joseph C. Blanton, Jr.
P. John Brady
Hon. Richard Bresnahan
Newton C. Brill
Thomas M. Burke
Thomas J. Casey
Dana Tippin Cutler
Sherry Doctorian
Carol Chazen Friedman (by telephone)
Chad A. Gaddie
Mike Greenwell
Richard F. Halliburton
Edward J. Hershewe
Bruce F. Hilton
Vincent F. Igoe, Jr.
Sylvester James, Jr.
John S. Johnston
Jennifer M. Joyce
George E. Kapke
Hon. John F. Kintz
Thomas M. Lang
William J. Lasley (by telephone)
Mark H. Levison
Karen R. McCarthy
Max E. Mitchell
Matthew M. Mocherman
Douglas F. Noland
Daniel A. Raniere
John A. Ruth (by telephone)
Allan D. Seidel
Walter R. Simpson
Wallace Squibb
Alok K. Srivastava
H.A. Skip Walther
James C. Wirken
Eric J. Wulff

Also present:
William R. Bay
Matthew M. Mocherman
Douglass F. Noland
Walter R. Simpson
Jennifer M. Joyce (by telephone)

1. Minutes:

The Board of Governors' July 22, 2005, and the Executive Committee's July 22, 2005 minutes were reviewed and approved.

2. Finances:

Mr. Burke reviewed the current financial status summary and financial statements and indicated that The Missouri Bar's budget is on track and finances are in good condition. Mr. Burke also presented a Finance Committee proposed amendment to the 2005 budget, which would allow the purchase of a Heidelberg printing press for the amount of $100,000. Complete details on the need for and advantages of purchasing this printing press were provided, and the Board of Governors unanimously approved the budget amendment, which would allow $100,000 to be spent from reserves to acquire the printing press.

3. Legislation:

The following legislative proposals were reviewed and action taken as indicated:

A. Uniform Real Property Electronic Recording Act (2006-1)

This proposal was discussed and determined to be within The Missouri Bar legislative scope. The Board of Governors also approved supporting the proposal. The following Board members asked to be recorded as voting "no": Bruce Hilton, Eric Wulff, Joe Blanton, George Kapke, Doug Copeland and Erik Bergmanis.

B. Uniform Residential Mortgage Satisfaction Act (2006-2)

The proposal was presented and determined to be within The Missouri Bar's legislative scope. The Board of Governors also resolved to support the proposal. Allan Seidel asked to be registered as voting "no" for the proposal as drafted.

C. Animal Law Committee (2006-3)

(1) Neglect

The proposal regarding neglect was determined to be within The
Missouri Bar's legislative scope, and it was approved for submission
by The Missouri Bar.

(2) Dogs Causing Injury

The legislative proposal was tabled in order to allow the committee
to provide the Board of Governors with more information about the

D. Probate and Trust Law Committee Missouri Uniform Trust Code Technical Amendments (2006-6)

The proposal was determined to be within The Missouri Bar's legislative scope and approved for submission.

E. Elder Law Committee - Right of Sepulcher

The proposal was determined to be within The Missouri Bar's legislative scope and the Board of Governors resolved to support the introduction of this legislation.

F. Client Security Fund Committee

Proposal to require insurance companies to provide written notice to clients when settlement checks are written was tabled.

4. Appointments:

A. September Appointments

(1) Trustees of The Missouri Bar

Ms. Countess Price's first term is expiring and the Board of
Governors resolved to ask Ms. Price to serve a second term as
a Trustee of The Missouri Bar Center.

B. November Appointments

The Board was made aware of the vacancies that will be considered for
appointment at the November meeting for the Complaint Resolution
Committee and Missouri Press-Bar Commission.

6. Committee Reports:

A. Solo and Small Firm Committee

The committee recommended a proposed Supreme Court Rule concerning a time limitation on disciplinary complaints. The Board of Governors resolved to support the recommendation and forward those suggestions to the Advisory Committee for its consideration.

B. Proposed Law Student Internship Program

Mr. Blanton reviewed a law student internship program that exists in the State of Oklahoma, and the Board asked Mr. Blanton and Mr. Hilton to
further consider the need for and details of such a program in Missouri.

C. Young Lawyers Section

Mr. Srivastava reported on the various programs and activities of the Young Lawyers Section Council of The Missouri Bar.

D. Committee Annual Reports Without Recommendations

The various committee reports without recommendations were accepted by the Board of Governors.

7. Officers Report:

A. Executive Director's Report

Mr. Birkes reviewed details in connection with the Annual Meeting and the fall Board of Governors and committee meetings on November 18 in Jefferson City. Mr. Birkes also directed the Board's attention to the 2005-2006 Communications Plan for The Missouri Bar, which will be used to guide public information/education programs and activities for The Missouri Bar over the next year.

B. Vice-President's Report

Mr. Baird reported on plans to consider providing to all members of The Missouri Bar an electronic legal research capacity, possible expansion of a major medical program for Missouri Bar members and a civic education focus that would better inform the public about its legal system.

C. President-Elect's Report

Mr. Copeland reported on his plans in connection with the Public Defender Task Force, defending the independence of the judiciary, the adequate funding for the judiciary and the delivery of legal services to all segments of society. Mr. Copeland also asked the Board's authority for the Executive Committee, with possibly several additional lawyers, to consider the manner in which bar-related elections are conducted, the support and assistance provided to candidates and all related matters. This would include election of judicial commissioners, members of the Board of Governors and the judicial evaluation poll.

D. President's Report

Mr. Whisler reported on the following items:

(1) Durable Power of Attorney for Healthcare

Mr. Whisler indicated that tens of thousands of copies of the
healthcare form have been distributed during the course of the
last year, and the healthcare form has been translated into
Spanish and discussions are underway with the Asian-American
Bar to translate it into Chinese.

(2) The Judicial Evaluation Survey

Mr. Whisler referred to a status summary prepared by Dale Doerhoff,
chair of the committee reviewing the survey, that indicated the
inclusion of jurors and possibly other non-lawyers in evaluating
judges was under consideration.

(3) Understanding the Courts and Judges

Mr. Whisler referred to research currently being conducted by the
University of Missouri-Columbia regarding the best way to provide
the public with more information about the judicial branch of

(4) Judicial Retention Website

Mr. Whisler referred the Board of Governors to the recently dedicated
website, which will provide comprehensive information about judicial
retention/selection. This website was developed as a recommendation
from the Commission on the Impartiality of the Judiciary.

(5) Media and PR Update

Mr. Whisler referred the Board members to the packet of media and
public relations activities that have occurred during the last two

(6) Loan Assistance Program

Mr. Whisler asked Ms. Doctorian to review activities related to the
law student loan assistance repayment program. The first grants
under this program will be made to ten young lawyers during the
Annual Meeting.

8. Acknowledgement of President Whisler:

President-Elect Copeland rose to acknowledge the numerous contributions President Whisler has made during the past year, particularly his efforts to maintain a strong and independent judiciary and to further disseminate durable power of attorney for healthcare decision forms throughout the state. Mr. Copeland presented Mr. Whisler with the traditional Missouri Bar cufflinks and indicated that Mr. Whisler was purchasing a controlled environment wine storage unit with the gifts given by the individual members of the Board of Governors.

There being no further business, the meeting was adjourned.

Respectfully submitted,

Keith A. Birkes, Secretary