Greetings from Jekyll Island, GA, where the State Bar of Georgia is conducting its Fall Board of Governors meeting ahead of its Georgia/Florida Football Game Tailgate Party in Jacksonville, FL and here at the hotel for those who don’t have tickets.
I managed to leave my Board Book, that contains the agenda and supporting information, at home. However, the agenda with links to most of the materials is available on line, albeit in a somewhat clumsy pdf format.
http://www.gabar.org/news/fall_2011_board_of_governors_meeting_oct_28-30/
(Unfortunately, the link to the proposed disciplinary rule change leads only to hieroglyphics, at least on my computer. So, I will let the Fulton County Daily Report provide you with info on this item. http://www.dailyreportonline.com/Editorial/News/singleEdit.asp?l=101389727001)
If you take a look at the agenda, you will note that the “action” items are not separated out for ready reference. But a handy email sent out to board members Monday states what the action items are. Beyond routine consent agenda items such as approval of the minutes and appointments to the Commission on Continuing Lawyer Competency, the action items include votes to endorse various legislative proposals and items in the state budget, as well as a proposed change to the disciplinary rules relating to imputed conflicts of interests relating to public defenders.
Legislation
The legislative portion of the agenda is notable in part for what is missing. At the previous Board of Governors meeting there was an hour-long presentation on the overhaul of the Juvenile Code, ostensibly to inform board members for a vote this fall. (It’s a shame they didn’t get continuing legal education accreditation for the presentation.) However, this item has been pushed back to January at the request of Representative Wendall Willard because various stake holders are trying to resolve differences over some aspects of the bill.
What is on our agenda is HR 977 and HB 648, which are a constitutional amendment and enabling legislation to require that certain fines, fees and interest in IOLTA accounts that already are designated by the General Assembly to be used for indigent defense actually be dedicated to that purpose. Historically, more money is collected from these funding sources than is appropriated to indigent defense and the additional funds have gone to the state’s general treasury.
Another proposal is to amend Title 9, Chapter 9 of the Georgia Code to add the International Commercial Arbitration Code. These changes would make Georgia law more compatible with international arbitration rules, while retaining much of the language of the current state law, that is familiar to Georgia lawyers.
Three other legislative items have to do with funding requests for ICJE, the Resource Center and for victims of domestic violence.
ICJE is seeking $461,789, which covers only operating expenses and staff salaries and NOT registration for judges at the conferences and travel expenses.
The Georgia Appellate Practice and Educational Resource Center, Inc., which provides post-conviction representation in death penalty cases, is seeking a return to its baseline funding of $800,000, which it received from FY 2002 to FY 2009. Since that time, the legislature has slashed funding for the Resource Center to the low of $565,500 for FY 2012.
The Committee to Promote Inclusion in the Profession (PIP) seeks $2.5 million for civil legal services for low-income victims of domestic violence.
Here’s the full agenda:
STATE BAR OF GEORGIA
239th BOARD OF GOVERNORS MEETING
Saturday, October 29, 2011
8:30 a.m.-12 p.m.
Jekyll Island Club
Jekyll Island, Georgia
1) ADMINISTRATION
a) Welcome and Call to Order: Ken Shigley, President
b) Pledge of Allegiance: Eric Ballinger
c) Invocation: Donna Stanaland Hix
d) Recognition of Former Presidents and Special Guests, Judges: Ken Shigley
e) Roll Call (by signature): Patrise Perkins-Hooker, Secretary
2) CONSENT AGENDA
(Unanimous consent items. Any item may be moved from Consent Agenda to Action Items agenda upon request of any member of the Board of Governors)
a) Minutes of the 238th Meeting of the Board of Governors: Patrise Perkins-Hooker
b) Executive Committee Minutes (information): Patrise Perkins-Hooker
(1) August 11, 2011
(2) September 8, 2011
c) Future Meetings Schedule (information): Ken Shigley
d) Commission on Continuing Lawyer Competency Appointments: Ken Shigley
(1) Reappointment of Rita A. Sheffey, 2012-2014
(2) Appointment of Gerald Edenfield to replace James B. Franklin, 2012-2014
3) SPECIAL PRESENTATIONS
a) Thomas R. Burnside Excellence in Bar Leadership Award to Bob Reinhardt (1929-2011): Ken Shigley
4) LEGISLATION
a) ACL Mtg, 9/21/11 - New Legislative Proposals: Chuck Clay, Chair; Nick Moraitakis, Vice Chair 8
(1) Indigent Defense Committee: Bryan Cavan
Dedicated Funding for GPDSC & PDs
(2) Judicial Procedure & Administration Committee: Susan Edlein
ICJE Funding
(3) Resource Center: Brian Kammer
Resource Center Funding
(4) Committee to Promote Inclusion in the Profession: Javoyne Hicks White
Victims of Domestic Violence Funding
(5) Dispute Resolution Section: Ray Chadwick
Georgia International Commercial Arbitration Code
b) HB 100, Pilot Tax Court (legislation tabled): Chuck Clay, ACL Chair
c) 2011 Legislative Carry-Over Positions (info): Tom Boller
(1) HB 129 - Transfer Fee Covenants
(2) HB 46 - Uniform Depositions Act
(3) HB 64 - Attorney's Fees in Limited Circumstances
(4) HB 31 - Extending Attorney Client Privilege
5) DISCIPLINARY RULES
a) Rule 1.10 (d) Public Defender Imputed Conflicts: John Haubenreich, Paula Frederick
6) INFORMATIONAL REPORTS
a) President's Report: Ken Shigley
(1) Proposed Juvenile Code (future legislative item)
(2) SOLACE Judge William Rumer
(3) New Photo ID Cards
(4) Website Redesign
(5) Garnishment Answers, UPL Advisory Opinion 2010-1
b) Treasurer's Report: Buck Ruffin, Treasurer
c) Young Lawyers Division: Stephanie Kirijan, YLD President
d) ABA Report: Allan Tanenbaum, Linda Klein
e) Chief Justice's Commission on Professionalism, Nominations for 2012 Justice Robert Benham Awards for Community Service: Ken Shigley
7) WRITTEN REPORTS
a) Military Legal Assistance
b) Law Practice Management
c) Consumer Assistance Program
d) BASICS
e) Legal Services Corporation
f) Communications Department
(1) with members
(2) with the public
g) Office of the General Counsel
h) Transition into Law Practice Program
i) Administrative Office of the Courts, Atlanta Judicial Circuit, Superior Court Workload Assessment
8) CLOSING
a) Old Business: Ken Shigley
b) New Business: Ken Shigley
c) Questions/Answers; Comments/Suggestions: Officers, Executive Committee, Executive Director, General Counsel; Board of Governors
d) Adjournment: Ken Shigley
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