Back to BASICS (and other issues) at the 2011 Midyear Board of Governors Meeting

At its midyear meeting, the Board of Governors of the State Bar of Georgia voted against abolishing the BASICS Committee, a move tantamount to a promise of future financial support for the program whose aim is to reduce prison recidivism. Other highlights of the January 15, 2011, meeting in Nashville, Tenn. included the nominations of officers for the State Bar for 2011-12; the creation of a new Professional Liability Section; and, the presentation of the Marshall-Tuttle Award for pro bono service through the Military Legal Assistance Program.

BASICS

Last June, the Board of Governors agreed to appropriate $140,000 to the BASICS program, ostensibly as a stop-gap measure to keep it alive while it secured independent sources of funding. However, fundraising for BASICS--which stands for Bar Association Support to Improve Correctional Services—has proved difficult in the past year.

As a result, State Bar President Lester Tate determined that the Board of Governors should vote on whether the standing bar committee that oversees the program should be abolished. The reasoning was that if the board voted to continue the committee, then funding for the program should be included in the upcoming budget for the State Bar.

“It is a stark policy choice that you have to make,” Tate told the board, equating abolition of the committee to setting the BASICS program adrift in a storm in a small life raft.

BASICS is a 30-hour course for soon-to-be released prison inmates that provides instruction, guidance and employability counseling to help them transition back into society and thus reduce recidivism. According to the State Bar's website: "BASICS Mission is to aid and steer inmates in the direction of self-rehabilitation. During the classes, we assist with developing career, educational and/or work plans, preparing resumes, setting goals, and teaching interviewing techniques. Upon release, we assist with job research, applying for colleges or vocational schools, completing or changing personal action plans, as well as developing financial plans. This decreases the likelihood that these individuals will return to jail."

As Seth Kirschenbaum, the chair of the State Bar's BASICS Committee, explained in June, the 35-year-old program has been funded in the recent past by the Georgia Bar Foundation. However, he said those funds were not available last year because low interest rates have caused IOLTA (Interest on Lawyers Trust Accounts) to dry up. Thus, the request in June for State Bar funding.

While fundraisers have been held since that time, and efforts are being made to secure grants, there have been some impediments, Tate and Kirschenbaum explained at the midyear meeting. One problem is the program is not a 501 (c) (3) non-profit organization, and thus is not attractive to those who prefer to make donations or grants to tax-exempt organizations. In addition, there is a perception that “rich lawyers” should pay for a program that is a creature of the State Bar.

The program trains approximately 500 inmates a year. While precise statistics on its effect on recidivism rates were not available at the board meeting, Kirschenbaum said such information is being gathered to quantify anecdotal claims about its success.

Nomination of Officers

The Board received nominations of officers for the State Bar for 2011-12. President-elect will be the Robin Frazer Clark, who currently serves as Secretary. This nomination puts her in line to become only the second female president in the State Bar’s history. (Linda Klein, who currently chairs the American Bar Association’s House of Delegates, was the first, serving from 1997-98.)

Buck Ruffin was nominated to serve an additional term as Treasurer.

Two candidates were nominated for Secretary, creating a contested election between Patrise Perkins-Hooker of Atlanta and Derek White of Pooler.

In other election action, the Board received the nominations of Paula Frederick and Donna Barwick to succeed themselves in two-year terms to the ABA Board of Delegates.

The State Bar will be sending all Bar members their ballots in the coming weeks.

Marshall-Tuttle Award

Buck Ruffin presented the Marshall-Tuttle Award to Drew Early for his pro bono work with the Military Legal Assistance Program.

The award is named in honor and memory of Corporal Evan Andrew Marshall, a soldier from Athens, Ga., who was killed in action in Iraq in 2008 and United States Circuit Court of Appeals Judge Elbert Parr Tuttle who handled many pro bono cases before his appointment to the bench.

The Marshall family attended the board meeting and was recognized for the sacrifice of their son and brother. Also recognized in the presentation of awards were Past President Jeffrey Bramlett and Jay Elmore for their work in establishing the program.

Other Board Actions

The Board adopted a policy to have its advisory committee on legislation review proposed amendments to the state constitution and decide whether the State Bar should take a stance on such measures.

The Board voted to petition the Supreme Court to allow law students to become student State Bar members for no cost and receive bar publications electronically. Student members have been required to pay $25 to offset the cost of publications being printed and mailed to them.

The Board created a new Professional Liability Section, which will focus on non-medical fields, including architects, attorneys, CPAs, land surveyors and professional engineers.

In other action, a by-law change was approved to allow the Executive Committee to meet by telephone or electronic conference, in lieu of in-person. Specially called Executive Committee meetings could occur upon the affirmative vote of two-thirds of the Executive Committee membership.

Legislative Issues

The Board voted to support legislation regarding indigent defense in Georgia that would move the Georgia Public Defender Standards Council from the executive branch back to the judicial branch. Another key legislative point supported by the bar to improve governance and functionality of the indigent defense system includes having a director hired by and reporting to the council, who could be removed for cause by a super majority of the council.

Henry Walker, chair of the Indigent Defense Committee, also reported that the ability to obtain a dedicated funding source for indigent defense through an amendment to the state constitution would be improved if the legislature can become comfortable with the governance of the program.

The Board did not consider a repeal of the rule against perpetuities because the matter had been previously tabled by the Advisory Committee on Legislation (ACL). Similarly, adoption of a uniform Estate Tax Apportionment Act, which had been on the board’s agenda, was not reached because it was not approved by the ACL.

The Board did vote in favor of amendments to the Georgia Code regarding utility liens; funding requests by the Judicial Qualifications Commission; and, adoption of a statewide jury source list that would eliminate forced balancing of the jury list.

As for correcting the problems created by HB 1055, which after last year’s legislative session raised the per page cost of preparation of an appellate record to $10 from $1.50, the Board approved a legislative proposal to return the fee to $1.50. At the same time, the Board approved a resolution to urge the Supreme Court and Court of Appeals to retain the dual system that allows attorneys to prepare their own record if they prefer. In addition, President Lester Tate will appoint a committee to work with the Court of Appeals to determine what, if any, kinks there have been in having attorneys prepare the record and what can be done to ameliorate such problems.

The Board also learned that the Special Council on Tax Reform and Fairness for Georgians did NOT recommend a tax on legal services among the various personal and household services for which it did recommend taxation.

Informational Reports

The YLD will hold a fundraiser to benefit Georgia Legal Services on March 5, 2011, at the Palomar Hotel in Midtown Atlanta.

The Board discussed confusion over a request from the Georgia Supreme Court which asked the State Bar for briefing regarding an Unauthorized Practice of Law Committee Advisory Opinion. The opinion at issue stated that a nonlawyer who answers for a garnishee, other than him or her self, in a legal proceeding pending with a court of record is engaged in the unauthorized practice of law. The confusion was over whether the State Bar should present a brief in support of that opinion or whether the court wanted to know more generally what the Bar really thinks about the issue. The Chamber of Commerce has taken a position against the advisory opinion. Executive Committee members expressed concerns about banks needing legal advice on what funds are subject to attachment before freezing bank accounts and about preserving the ability of lawyers to protect their livelihood rather than opening the floodgates to other areas of unauthorized law practice.

Past President Linda Klein, who now chairs the ABA’s House of Delegates, invited all to the ABA’s Midyear Meeting in Atlanta February 9-15, for which there is no registration fee. There will even be a free CLE on Value Billing, held from 1 p.m. to 4 p.m. on February 11.

Stone Mountain Circuit

Your representatives to the Board of Governors are: Katie Wood (Post 1, exp. ‘12); Johnny W. Mason, Jr. (Post 2, exp. ‘11); J. Antonio DelCampo (post 3, exp. ‘12); John M. Hyatt (Post 4, exp. ‘11); Gwen Keyes Fleming (Post 5, exp. ‘12); Claudia Saari (Post 6, exp. ‘11); Anne Workman (Post 7, exp. ‘12); R. Javoyne Hicks White (Post 8, exp. ‘11); Edward E. Carriere, Jr. (Post 9, exp. ‘12); and, Tara Adyanthaya (Post 10, exp. ’11). Please let us know if you have any thoughts or questions about what the State Bar is doing or suggestions for what it should undertake.

Similarly, if you are interested in serving on the Board of Governors, you can run for election. Each representative serves a two-year term. The even numbered posts are up for election this year and Johnny Mason has announced that he is not seeking re-election. (Even when incumbents are seeking re-election, anyone in the Stone Mountain Circuit can run.) To do so, you must file a petition to place your name in nomination for a particular post. For more information contact Brinda Lovvorn (404-527-8780) or Judy Hill (404-526-8625) at the State Bar.

More From Our State Bar President Regarding Nashville Meeting

Lester Tate writes:

Katie,

I am writing separately to respond to the blog posts you sent earlier. Again thank you for your comments and for providing a forum to discuss these issues.

Having served on the Board since 1996, I can truly tell you that there is probably no more issue ripe for dissatisfaction than where the Bar holds annual, midyear and Board of Governor's meetings. I sometimes envision it as having a giant bus with all 42,000 members on board. Once on the bus, someone says, "Where do you want to go?" And you immediately get 42,000 different opinions. There is, quite simply, no answer that's pleasing to everyone.

To try to deal with the issue, we have repeatedly put out the facts about choosing a location, though there is always a new crew who hasn't heard the facts. Or there are others who have heard the facts, and simply want to breeze by them as if they don't exist. For example, you say there is "some talk about the board checking out various locations as potential sites for the annual meeting, which requires a large number of rooms, etc." (Yes, I've directly told the Board my purpose on numerous occasions!) And you followed that by saying the the Bar has a "a stock response on their web site as to why the annual meeting is held out of state" (Unfortunately, the stock response is necessary because a large number of people are unaware of the logistical challenges of the annual meeting. Further, and perhaps more importantly, derision of those facts does not change their existence.)

I won't rehash the logistics again (its on the website for anyone to read) and I have (again and directly) said that it was part of my purpose to take the Board to places which might be suitable for annual meeting this year. As I said earlier I made that choice and I stand by it. What I can do, though, is to tell you how some of the choices I did make would be attractive to the concerns that have been voiced:

1) A frequent concern is cost. While we are in the business of staging a meeting and not getting bargain basement rooms for members, cost was a major concern of mine. I believe you will find that the rooms at Panama City Beach were the lowest priced rooms we have had for a Board meeting in recent memory. Likewise, you will soon see that the price at Myrtle Beach for rooms is lower than it was at Amelia Island. (And I would further note that Myrtle Beach is almost exactly the same distance from Atlanta as Amelia...they are within ten miles or so of one another distance wise.) Looking for low cost rooms can only go so far, though. At some point, to get true value, you have to look at the possibility of combining your Bar excursion with a family vacation if you want to get the most out of it. Myrtle Beach surely offers the widest array of things to do for people of all ages of anyplace I have had the pleasure of attending an annual meeting in my 23 years as a member of the Bar. (During which I believe I have only missed one meeting!) Furthermore, our guaranteed rate at Myrtle is good for the whole Memorial Day week. I hope this will encourage families to come together and have a good vacation experience during their attendance at the Bar meeting.

2) Different places. Since I came on the Board in 1996, I think I've been to just about every place in Georgia that can host such a meeting twice...and perhaps three times! What's more I'm happy to go back to those same places! The real question is do we have to go to the very same places year in and year out without EVER taking a break and trying something new. I believe that a cursory review of past meeting sites would show that no president in the last ten years has scheduled 3 meetings out of state. What's more, I expect it will be another ten years before that happens again. So, I have to ask, is it such a bad thing that once every ten years or so we schedule a round of meetings that aren't in the usual places? In my mind (and I think in the minds of a lot of other long serving Board members) it isn't!

3)The Bar Center. At the outset, let me point out that two of my meetings were/are scheduled for the Bar Center, the August meeting, at which we burned the note, and the Spring meeting, at which we set the dues. That probably exceeds what many past presidents did (one meeting would be more typical) and I did that to compensate for the fact that we were going to new and more distant places in the other meetings. That being said, though, I want to point out that having a meeting at the Bar Center is logistically challenging. It is almost impossible to fit all of the meetings that go on at Midyear into the Bar Center because of space problems. Furthermore, we have to hire caterers who typically charge more than hotels because the have to "haul" all the tools of their trade down to the Bar Center. We also have to hire extra folks to come in and set up and take down meeting rooms to get them properly configured. None of that is free! Additionally, we have trouble getting room blocks from hotels for folks who can't sleep at home, because we are using none of the other hotel services or spaces. This is one reason that last years midyear (which was snow plagued as well) was held in its entirety at a hotel.

Finally, let me say a word of "apology," if I may. I apologize if I sound too harsh, too defensive, or too uncaring about the opinions of others. The truth is I care very much about what folks think and want from "their" Bar. I very much want greater participation by Bar members and greater ease, convenience and enjoyment for those who do participate. What I am "defensive" about is that I know what those concerns are and I also know that, hard as I may try, I can't please everyone. I also know that I (and all future presidents) are subject to logistical constraints that are very real. I hope you and others can understand how frustrating it is to have someone who is not aware of those constraints say "I know what you should do!," when many times their "solution" isn't even feasible. Knowing that I can't please all of the people all of the time, I've had to settle for pleasing some of the people some of the time, and I just want to communicate that I have done the best that I possibly can.

So I apologize if I have been too harsh, but thank you for your input and for providing me with a forum to respond.

State Bar President Says Meeting is on from Noon Friday

As promised, I'm giving you the news first as to the Nashville meeting. We will be canceling Thursday's events, and will attempt to move Friday morning's CLE schedule into the afternoon so that all events begin at noon on Friday. All events scheduled from Friday noon through Saturday will proceed as planned, barring further weather developments. In making this decision, I relied on a number of factors including weather and road reports from both Georgia and Tennessee, first hand reports from lawyers and law firms in various areas (including one lawyer who drove from Nashville to Atlanta today with no problems), and my own personal tour of the roads in NW Ga. today (including a stretch of I 75). An email will be sent to all participants alerting them to these changes and they will be listed on the Bar website.

Thanks!

Lester

Will Weather Derail Board of Governors Meeting Slated for Nashville, Tennessee?

Given current weather conditions, you probably have to believe in Santa Claus, the Tooth Fairy AND the Easter Bunny to think that the State Bar of Georgia’s Midyear Meeting, including Saturday’s Board of Governors meeting, will take place as scheduled later this week in Nashville, Tennessee.

The Midyear Meeting is supposed to start Thursday, January 13. The Board of Governors meeting is scheduled for the morning of Saturday, January 15.

Given the current forecast, I don’t foresee how I can possibly drive to Nashville on Friday. My street is a sheet of four-inch ice and there is only more cold weather ahead. But maybe by voicing these negative thoughts, I will create a miracle to prove me wrong.

Meanwhile, I’ve emailed the State Bar’s president, executive director, and communications person to ask if there is a contingency plan. I thought perhaps a teleconference from the various State Bar HQs in Atlanta, Tifton and Savannah. I’m told my inquiry is premature. Though if there is a change of plans, they will let me know.

Don’t ask me why this meeting is being held in Nashville. The decision predates my being on the board. I know there was some talk about the board checking out various locations as potential sites for the annual meeting, which requires a large number of rooms, etc. that few places in Georgia can accommodate. (The State Bar even has a stock response on their web site as to why the annual meeting is held out of state, though the key element of “beach location” seems totally missing with Nashville. http://gabar.org/public/pdf/meetings/Why%20State%20Bar%20Annual%20Meetings%20are%20not%20held%20in%20Georgia_summary.pdf)

I have received numerous complaints from people who might have attended the Midyear Meeting in Atlanta, but are rejecting attending a meeting in Nashville. I have asked them to write bar leaders about these concerns. Who knows if any will follow through?

As for the upcoming BOG meeting, I’m cutting and pasting the full agenda with hyperlinks below. But here are some of the highlights:

The Board will consider adopting a policy to have its advisory committee on legislation review proposed constitutional amendments and decide whether the State Bar should take a stance on such measures. This proposal seems to follow up on the debate at the Fall BOG meeting regarding the misleading ballot language drafted for the ratification of Amendment One.

The Board will consider a proposal regarding law student members, which would allow them to join for no cost and receive bar publications electronically.

The Board will consider creating a new Professional Liability Section, which would focus on non-medical fields, including architects, attorneys, CPAs, land surveyors and professional engineers.

All State Bar members, and not just BOG members, would be allowed to vote on bylaw amendments addressing associates and student associates as well as executive committee duties.

Nominations of State Bar officers and American Bar Association delegates are scheduled.

In addition, the Board will receive a report from its legislative committee on upcoming proposals before the General Assembly, which include:

Repeal of the Rule Against Perpetuities and adoption of a uniform Estate Tax Apportionment Act;

Amendments to the Georgia Code regarding utility liens;

Funding requests by the Judicial Qualifications Commission;

Adoption of a statewide jury source list that would eliminate forced balancing of the jury list;

Clerk’s Office fees for the preparation of transcripts to the state appellate courts; and,

Information regarding previous committee meetings and the composition of the General Assembly.

Finally, there will be a number of information reports given orally and provided in writing.

Here is the full BOG agenda:

Agenda

STATE BAR OF GEORGIA

234th BOARD OF GOVERNORS MEETING

Saturday, January 15, 2011

9:00 a.m.-12:00 p.m.

Gaylord Opryland Hotel and Convention Center

Nashville, Tennessee

1) ADMINISTRATION

a) Call to Order: Lester Tate, President

b) Recognition of Past Presidents & Special Guests: Lester Tate

c) Roll Call (by signature): Robin Clark, Secretary

d) Minutes of the 233rd Meeting of the Board of Governors, October 16, 2010 (action): Robin Clark

e) Future Meetings Schedule: Lester Tate

2) BOARD ACTION

a) Standing Board Policy 100, Re: Constitutional Amendments: Bob McCormack

b) State Bar Rule 1-206.1, Re: Law Student Members: Bob McCormack; Michael Geoffroy

c) Proposed Professional Liability Section: Bob McCormack; Douglas Chandler

d) BASICS: Nancy Whaley, Seth Kirshenbaum

3) MEMBERS' MEETING: All active State Bar of Georgia members are invited to attend and vote on the following action items.

a) Bylaw Article 1, Section 6, Associates and Student Associates (action): Bob McCormack; Michael Geoffroy

b) Bylaw Article IV, Section 2, Executive Committee Duties (action): Bob McCormack

4) ELECTIONS

a) Nominations of State Bar Officers: Lester Tate

(nominations = 5 minutes, seconds = 2 minutes)

1 year terms 2011-2012

(1) Office of Treasurer

(2) Office of Secretary

(3) Office of President-elect

b) Nominations of ABA Delegates Lester Tate

2 year terms September 2011-2013

(1) Post 2 to succeed Paula Frederick

(2) Post 4 to succeed Donna Barwick

5) LEGISLATION: Tom Cauthorn, Chair, ACL; Charles Clay, Vice Chair, ACL

a) Fiduciary Law Section: Jim Robinson

(1) Repeal of the Rule Against Perpetuities

(2) Adoption of the Uniform Estate Tax Apportionment Act

b) Real Property Law Section: Patrise Perkins Hooker, Chair

(1) Amendments to O.C.G.A. Sections 44-14-320 and 36-60-17 regarding utility liens

c) Judicial Qualifications Commission: Jeff Davis, Director JQC

(1) FY11 and FY12 Funding Requests

d) Administrative Office of the Courts: Michael Cuccaro, Special Assistant

(1) Statewide Jury Source List; Eliminate Forced Balancing of Jury List

e) HB 1055, Clerks' Fee for the Preparation of Records and Transcripts to the Supreme Court and Court of Appeals ($10 per page to $1.50 per page): Lester Tate; Bryan Cavan (Resolution)

(1) Legislative Approach

(2) Committee to Examine Current Approach

(3) Possible Resolution of the Board of Governors Regarding Current Approach

f) Information: Tom Boller; Rusty Sewell

(1) Minutes, ACL Meeting 1, September 8, 2010

(2) Minutes, ACL Meeting 2, December 8, 2010

(3) Senate and House Composition

6) INFORMATION REPORTS

a) Treasurer's Report: Buck Ruffin, Treasurer

(1) Treasurer's Report

(2) 2011-2012 Budget Timetable

b) Young Lawyers Division: Michael Geoffroy

c) Executive Committee Minutes: Bryan Cavan, Immediate Past President 19

(1) September 30, 2010

d) UPL Advisory Opinion 2010-2 Representation of Garnishees: Lester Tate

e) Military Legal Assistance Program Awards: Buck Ruffin

f) ABA Report: Linda Klein; Allan Tanenbaum

g) Lawyers Foundation of Georgia: Laurel Landon

7) WRITTEN REPORTS

a) Law Related Education

b) Law Practice Management

c) Office of General Counsel

d) Consumer Assistance Program

e) BPC Financial Health Insurance

f) Cornerstones of Freedom

g) FDIC

h) Fastcase

i) Red Flags Bill

j) GDOT's Transit Hub (Gulch)

k) AJC Building

l) Transition into Law Practice

m) July 2010 Bar Exam

8) CLOSING

a) Old Business: Lester Tate

b) New Business: Lester Tate

c) Questions/Answers; Comments/Suggestions: Board of Governors; Officers; Executive Committee; Executive Director; General Counsel

d) Adjournment: Lester Tate