Monday, April 18, 2011

Board of Governors Approves $2 Dues Increase


At its Spring meeting on April 16, 2011, the State Bar's Board of Governors approved a $2 dues increase, raising the annual assessment for active members from $236 per year to $238. That makes the dues amount for inactive members $119, because it is set at half the active member rate.


State Bar President Lester Tate explained that this dues increase, the first since 2008, is largely the result of the State Bar taking on $881,378 worth of programs in the past couple of years, which previously had been funded by the Georgia Bar Foundation, such as the Law Related Education Program and the BASICS-Bar Association Support to Improve Correctional Services-Program, as well as the creation of the Military Legal Assistance Program. (The economic downturn and low interest rates on IOLTA-Interest On Lawyer Trust Accounts-have reduced the bar foundation's funding.)


These programs were absorbed or created without going through the bar's dues indexing policy, which calls for using small, frequent dues adjustments as needed to adequately fund programs.


The per member cost of absorbing and creating $881,378 worth of programs in the past two years is $22.78. This has been done without a dues increase because the State Bar has had budget surpluses, due to the frugality of its staff spending just 92 to 95 percent of its budget, and also due to addition of new lawyers.


President Tate explained that if these programs continued to be funded merely through surpluses, that eventually the State Bar "will run off a cliff" in about five or six years, necessitating a large dues increase that would hit the $25 cap on annual dues increases.

Thus, Tate suggested a "glide path" to get back to dues indexing, that involves raising dues in small increments, while still using some surplus.


"Can we slide by [without a dues increase]? Sneak this in one more year? We might be able to do that. Is it a responsible thing to do? I don't think it is," Tate said, adding that postponing a small dues increase would only create potential fiscal problems for the future.


The $2 dues increase reflects a concurrent requirement for the State Bar staff to decrease the first draft of the 2011-12 operating budget by $160,000, which is the equivalent of $4 per member.


Honorees

In other action, the board honored two late Court of Appeals judges, the Hon. Debra Bernes and the Hon. John H. Ruffin, for their work with the Law Related Education Program.


In addition, the board recognized Dr. Elbert Parr Tuttle Jr., whose father, U.S. Court of Appeals Judge Elbert Parr Tuttle, has been honored by the naming of The Marshall-Tuttle Award. This award is given to an attorney for commitment and service to the Military Legal Assistance Program.


The award was given at the winter meeting, which Dr. Tuttle had been unable to attend.


Legislation

The board received an update on matters the State Bar was supporting in the recently ended legislative session, which State Bar Secretary Robin Clark pronounced was "pretty darn impressive." You can find on-line at this link updates on all of the measures the bar was tracking: http://www.gabar.org/programs/legislative_program/


Recognition of Retiring Board Members

Fifteen members of the Board of Governors who are retiring from service were recognized. These include two from the Stone Mountain Judicial Circuit: Johnny Mason, who has served twelve years on the board, and Tara Lee Adyanthaya, who has served two years on the board. Thank you to you both for your service to the legal profession.


Don't forget that there are contested elections underway in the Stone Mountain Judicial Circuit to fill each of their seats. (That's in addition to a contested race for secretary of the State Bar.) You can find information on the candidates at this link: http://www.gabar.org/news/vote_here_2011_state_bar_of_georgia_election_information/

Votes must be cast by May 2 and results will be available May 13.


In addition, President Tate announced that Gwen Keyes Fleming has resigned from her post on the Board of Governors for the Stone Mountain Circuit and that he has appointed Department of Juvenile Justice Commissioner Amy Howell, who is the immediate past president of the Young Lawyers Division, to fill her unexpired term.


Lawyers Without Rights Exhibit

The Spring board meeting was held at the State Bar headquarters in downtown Atlanta while the Lawyers Without Rights Exhibit was showing from April 13 to April 22 on the third-floor of the Bar Center. This exhibit, which is in conjunction with the German Federal Bar Association, provides the historic account of the lives and fates of Jewish lawyers during Nazi rule in Germany. You can find more on the exhibition at this link: http://www.gabar.org/news/state_bar_hosting_lawyers_without_rights/.


ABA News

Linda Klein, who is speaker of the American Bar Association's House of Delegates, encouraged board members to urge Congressional support for the Tax Intercept Act, which she says could lead to the recovery of $15 billion in uncollected fines and fees assessed in state courts. These funds would be intercepted from income tax refunds.


President's Advisory Council

The newly appointed President's Advisory Council was introduced to the Board of Governors. While the board met, the council heard from Chief Justice Carol Hunstein and Justices Hugh Thompson and David Nahmias, as well as Court of Appeals Chief Judge John Ellington and Hall Superior Court Judge Kathlene Gosselin. The council members also toured the Bar Center. The council, comprised of lay persons and non-practicing lawyers, is designed to further the public advocacy work of the State Bar.



Katie Wood

Stone Mountain Circuit, Post 1

Friday, April 15, 2011

Spring Board of Governors Meeting Preview

The convergence of tax season and the Spring Board of Governors meeting has me running way behind schedule in getting out a preview of the April 16, 2011, meeting. There are only a couple of items on the agenda that will require board action. But, as my learning curve on my first year on the board continues, I'm finding that sometimes some thorny issues erupt during the meeting that don't appear overtly on the agenda.


2011-12 Dues Recommendation


One dues-related item up for consideration is to increase dues by $2, from $236 per year to $238. This seems be a de minimis increase and dues have held steady at $236 since 2008. The dues amount for inactive members would be set at $119.

The Treasurer's Report contained in the February 14, 2011, Executive Committee minutes noted that dues have not been indexed in recent years due to surpluses in the operating budget that eventually will be depleted. Small, incremental increases in dues over the next several years would be an option to get back to an indexed model, so that a substantial increase would not be necessitated by a depletion of reserves.

According to the draft minutes of the Finance Committee meeting, which was held on February 25, 2011, the committee decided to recommend increasing dues by $2 after a discussion that included consideration of the Board of Governors' recent decisions to help fund the BASICS program and current economic conditions. Some programs have been carried in the State Bar's budget the past two years due to the loss of IOLTA funds to the Georgia Bar Foundation, but for which dues indexing has not occurred.

The Finance Committee recommendation to increase dues by $2 included a concurrent requirement to the State Bar staff to decrease the first draft of the 2011-12 operating budget by $160,000, which is the equivalent of $4 per member.

Other dues related issues on the BOG agenda include section dues, assessments required by bar rules and check offs for the Legislative and Public Education Fund and the Georgia Legal Services Program.


Law Related Education Resolutions

The other action items on the agenda relate to resolutions honoring two late Court of Appeals judges, the Hon. Debra Bernes and the Hon. John H. Ruffin.


Legislation

A timely agenda topic, given that the Georgia General Assembly just adjourned on April 14, 2011, is a legislative update.

The State Bar's Legislative Program has reports on the recently completed legislative session, which you can find on-line at this link. http://www.gabar.org/programs/legislative_program/


Recognition of Retiring Board Members

Fifteen members of the Board of Governors who are retiring from service will be recognized. These include two from the Stone Mountain Judicial Circuit: Johnny Mason, who has served twelve years on the board, and Tara Lee Adyanthaya, who has served two years on the board. Thank you to you both for your service to the legal profession.

Don't forget that there are contested elections underway in the Stone Mountain Judicial Circuit to fill each of their seats. (That's in addition to a contested race for secretary of the State Bar.) You can find information on the candidates at this link: http://www.gabar.org/news/vote_here_2011_state_bar_of_georgia_election_information/

Votes must be cast by May 2 and results will be available May 13.


Lawyers Without Rights Exhibit

The Spring board meeting is being held at the State Bar headquarters in downtown Atlanta. As a result, we will also be able to check out the Lawyers Without Rights Exhibit that is showing from April 13 to April 22 on the third-floor of the Bar Center. This exhibit, which is in conjunction with the German Federal Bar Association, provides the historic account of the lives and fates of Jewish lawyers during Nazi rule in Germany. You can find more on the exhibition at this link: http://www.gabar.org/news/state_bar_hosting_lawyers_without_rights/


Katie Wood

Stone Mountain Circuit, Post 1

Monday, April 4, 2011

State Bar Elections-Check Your Ballot

Ballots for State Bar elections have been mailed and most, if not all of you, should have received them by now. Mine came in today's mail. It is erroneous and I called immediately to have a new one sent.


The problem is that it places me in the incorrect judicial circuit. I live in DeKalb County, which is in the Stone Mountain Judicial Circuit. I work in DeKalb County. I use a Post Office Box mailing address that is located in DeKalb County. But because that P.O. Box says it is in Atlanta, the State Bar thinks I am in the Atlanta Judicial Circuit, not the Stone Mountain Judicial Circuit.


I discovered this error last year when I was running for the Board of Governors and called to double check whether some of my petition endorsers were in the Stone Mountain Circuit or the Atlanta Circuit.


Umm, they said. You are in the Atlanta Circuit. I am not, I responded. Telling them what I just stated. All of my personal and professional and mailing life is in DeKalb. So, they changed it over, so that I could vote for myself.


Now, a year later, the computer has reverted me back to the Atlanta Circuit. I called today and they say they will send me a new ballot.


A friend who lives in DeKalb and wanted to vote for me last year and could not because her work address is in Atlanta, changed over to the Stone Mountain Circuit. She too received an Atlanta Circuit ballot today despite her effort to change last year to the Stone Mountain Circuit.


If you live and/or work in DeKalb County, you can declare yourself to be in the Stone Mountain Circuit. But, as you can see, it takes effort and staying on top of it. I think this may be why there are so many members of the Board of Governors from the Atlanta Circuit, but not the Stone Mountain Circuit.


All this to say, check your ballots. Demand to be in the Stone Mountain Circuit if that is your affiliation. We have two contested races and some terrific candidates running for the positions in the Stone Mountain Circuit. You deserve to be able to vote for them.


See their info links below.


Katie Wood


BOG-Stone Mountain Circuit, Post 2 (click on candidate's name to view their bio)
Hubert J. (Hugh) Bell Jr.
William Dixon James

BOG-Stone Mountain Circuit, Post 10 (click on candidate's name to view their bio)
John G. Haubenreich
A. Dionne McGee
Chadwick R. Walker