Board Of Governors
Board Of Governors :
Minutes : May 11, 2001


FRIDAY, MAY 11, 2001
2:00 P.M.

The Maryland State Bar Association Board of Governors and officers met at the location, date and time indicated above. There were 29 members of the Board of Governors present including all of the officers. Guests attending the meeting included Edward J. Gilliss, Chair of the Budget and Finance Committee. Other guests included some of the new members of the in-coming Board of Governors. In addition, Paul Carlin, Executive Director, and key members of his staff were in attendance.

President Richard H. Sothoron, Jr. called the meeting to order at approximately 2:10 p.m.

The Board approved the Minutes of the Board of Governors meeting of April 17, 2001.

1. Richard H. Sothoron, Jr. gave the President’s Report.

a. He reported that the MSBA Oyster Roast at Billingsley Manor was sold out and that everyone seemed to enjoy themselves immensely. The setting was beautiful and the food was excellent.

b. He reported that the two Senators from Maryland had reacted favorably to his letter commenting on the proposed appointment to fill a judicial vacancy on the Fourth U.S. Circuit Court of Appeals. The apparent front-runner for the vacant seat is not a member of the Maryland Bar although a Maryland Attorney or Jurist traditionally fills the seat. He further reported that the MSBA Committee on Judicial Nominations would interview candidates if asked.

c. He reported that Sandra F. Haines, Reporter for the Standing Committee on Rules of Practice and Procedure for the Court of Appeals, had reported by memo that the Rules changes relating to IOLTA (Rule 16-808 and Rule 16-811) and Pro Bono activities (Rule 6.1 of the Rules of Professional Conduct) will appear in the

Maryland Register on May 4, 2001 and on the Court’s website at www.courts.State.Md.US.  A Hearing on these proposed changes would likely be held in September, 2001

d. He discussed a letter from Judge Steven I. Platt, Chair of the Business/Technology Case Management Program Implementation Committee, which reported that business and technology cases would be subject to different management techniques and would be assigned to specific Judges in the various Circuits who volunteered to handle business and technology cases. The Program is expected to be operational by January, 2002.

e. He discussed the ABA Medal Award nominations reported in a Memorandum from the ABA. After discussion, it was determined that the time frame was too short to nominate anyone from Maryland.

f. He discussed the appointment of a Special Committee to Study MICPEL’s Future. He reported that the Special Committee had as its focus developing a closer working relationship among the three partners to benefit MICPEL. He also noted that Brent Burry was doing an excellent job as Executive Director under difficult circumstances and that the appointment of the Committee was not indicative of a lack of confidence in Mr. Burry’s leadership.

g. It was reported by Suzanne K. Farace, Ronald E. Richardson and Robert B. Riddle of the Board of Governors that they had reviewed all of the submissions for the Presidential Best Section Project Awards and believed that the Section of Business Law Section Project concerning the creation of a Business and Technology Court in Maryland was the Section Project this year which best benefited the public. It was moved and passed that the Business Law Section receive the Presidential Best Section Project Award for the project best benefiting the public.

They further reported that the Young Lawyers Section submission of the On-Line Job Search Project was the project that deserved the Presidential Best Section Project Award for the project that best benefited its members. It was moved and passed that the Young Lawyers Section receive the Presidential Best Section Project Award for its On-Line Job Search Project. It was noted that Michael D. Oliver had contributed a great deal of time in creating the On-Line Job Search site.

h. It was reported that Gregory A. Rapisarda, Susan L. Bayly and William D. Roessler, the Committee considering nominations for the Anselm Solaro Judicial Civility Award, had reviewed a number of nominations and had selected Judge Robert H. Mason of the Circuit Court for Prince George’s County to receive the 2001 Anselm Solaro Judicial Civility Award. That nomination was moved and passed.

i. It was reported that the Young Lawyers Section of the MSBA had nominated Darren L. Kadish to be a Delegate to the ABA House of Delegates. That nomination was moved and passed. It was reported that the incoming President-Elect traditionally receives a nomination to be a Delegate to the ABA House of Delegates. It was moved and passed that James P. Nolan, as incoming President-Elect of the Association, receive that appointment to the ABA House of Delegates. There was one remaining election to be a Delegate to the ABA House of Delegates for which there were two nominations. After a secret ballot, Tracey E. Skinner was elected.

j. It was reported that Edwin G. Fee, Jr. had been selected to receive the Maryland Bar Foundation Edward Shea Award and that Judge Peter J. Messitte had been selected to receive the Vernon Eney Award, for 2001.

2. Paul Carlin gave the Executive Director’s Report.

a. He reported that the total MSBA membership count as of the date of the meeting was 19,082, including 0 resignations, 2 dropped members, 0 deceased members, 2 new members, and 17 reinstatements. The request of John B. Kenkel to be approved as an Honorary Member was moved and approved.

b. He advised that all of the appropriate brochures and notices for the Annual Meeting had been mailed. He advised that the Sheraton Fontainebleau was now the Clarion Fontainebleau and that the Annual Meeting would be held on June 13 through June 16, 2001, and further, that many excellent programs and activities have been planned.

He further advised that plans are substantially completed for the 2002 Mid-Year Meeting in Las Vegas to be held at the Flamingo Hilton Hotel, from February 17 through February 21, 2002.

c. He reported that he had executed an agreement with Lexis relating to the purchase of books by Maryland lawyers from Lexis. He reported that Maryland Lawyers who accessed the Lexis site via the MSBA homepage and ordered books from Lexis would generate a 5% commission payable by Lexis to the MSBA.

d. He reported that funding was in place for the Law Links Summer Intern Program for Baltimore City and the counties that participate in the program. It is anticipated that there will be approximately 60 students participating in this program.

e. He discussed the 2001 MSBA Annual Report pointing out that the Report contains a wealth of information about the funding and operations of the MSBA. He complimented Janet Eveleth on the excellent brochure which she designed.

f. He reported that there were 19 senior citizen centers visited on Law Day as a result of the cooperation among the Bar Association’s Public Awareness Committee, the Elder Law Committee and the Senior Lawyer Committee. These visits were very successful and seemed to be very much appreciated by the attendees at the senior citizen centers. Those senior citizens who attended these meetings received MSBA tote bags and magnifying glasses, which are very popular with the participants.

3. Jim Nolan gave the Secretary’s Report. He reported that the Minutes of the Executive Committee Meeting held on May 11, 2001 were substantially covered in the Agenda for this Board Meeting.

4. Harry Johnson gave the Treasurer’s Report.

a. He reported the following for the MSBA as of April 30,2001: total dues income of $2,217,492.11, representing 102.52% of the MSBA budgeted dues for the year 2000/2001 had been collected; total income of $3,295,857.59; total expenses of $2,573,243.04; and a surplus of $722,614.55.

b. A request was made by Joel S. Sinclair that the current MSBA budget be amended to provide $630.00 to the Committee on Legal Education budget for fiscal year 2001 to produce and distribute a handbook for developing, promoting and presenting seminars which is to be distributed to the Sections of the MSBA. After discussion, it was noted that the Budget and Finance Committee approved the $630.00 amendment at its meeting on April 18, 2001. The amendment was moved and approved.

Mr. Sinclair also reported that this was his last Board of Governors meeting because he was moving to Phoenix, Arizona. The Board wished him well in his future endeavors.

5. Pam White gave the President-Elect’s Report.

She reported that in May of 1989, the Gender Bias Report concluded that gender bias existed in the Court system and actually affected justice. In 2000, there was a follow-up survey and report, which will be released to the MSBA and Chief Judge Bell in early July, 2001. The format of the report tracks the earlier report and adds an expanded section to cover racial, ethnic and cultural fairness within the Court system. Our Board of Governors will vote to accept or reject the Report at a later meeting after an opportunity to review the Report.

6. Reports of Standing Committees.

a. Edward J. Gilliss, Chair of the Budget and Finance Committee, presented the recommended budget for fiscal year 2001-2002 for the MSBA, which was previously distributed to the members of the Board of Governors. He noted that it is a very tight budget and there are no restricted funds proposed in this budget. The budget, as submitted, was moved and approved. The Board noted that Mr. Gilliss and his committee had performed an exemplary job in analyzing the budget submissions of each of the Sections and Committees of the Association.

b. Alvin I. Frederick presented the Ethics 2000 Committee’s Multi-Jurisdictional Practice Report which in large measure, dealt with the use of computer technology for advertising a law practice and affiliations with "legal information providers." He reported that this topic is being dealt with by the ABA and that a report by its Committee is due in August, 2002.

7. Reports of Sections.

The Board considered the Report of Legal Education and Admissions to the Bar on Foreign Legal Consultants. After review of the Report, the Board moved and approved changing that item from action requested to information only.

8. New Business.

It was noted that the Disciplinary Rules Program at the Annual Meeting would include a Mock Peer Review Panel and that attendance by all attorneys, whether or not they expect to be involved in a disciplinary rules matter, was quite advisable. The announcement of that particular program will appear on the MSBA website.

9. Announcements.

a. The Mid-Year Meeting in Las Vegas from February 17, 2002 to February 21, 2002, was discussed and it was noted that there will be ample continuing legal education and family oriented activities, including trips to Red Rock Canyon and Hoover Dam.

b. It was reported that there would be a Statewide Legal Services Conference on June 26, 2001. A Fundraising Dinner will follow the meeting.

c. It was announced that the MSBA Annual Crab Feast will be held on July 28, 2001 at Herrington’s on the Bay, Rose Haven, Anne Arundel County. Maryland. It was advised that the Crab Feast would clearly be a sellout.

d. It was announced that the Pro Bono Resource Center Access to Justice Tribute will be held on June 26, 2001 at The Center Club, Baltimore, Maryland, where the Honorable Chief Judge Robert Bell will be honored for his commitment to public access to justice.

There being no further business to come before the Board of Governors, the meeting was adjourned at approximately 3:40 p.m.


Respectfully submitted,

James P. Nolan

Cornelius D. Helfrich
Assistant Secretary



Board Of Governors : Minutes : May 11, 2001