The Board of Governors of the Maryland State Bar
Association met at the location, date and time indicated above. There
were 35 members of the Board of Governors present, including all of the
officers. In addition, Paul Carlin, Executive Director, and key members of
his staff, were in attendance.
President Pamela J. White called the meeting to order
at approximately 5:05 p.m.
The Minutes of the Board of Governors meeting of
November 20, 2001, were read and approved.
1. Pamela J. White gave the President’s Report.
She welcomed the Governors to the historic State house,
in continuous use as the seat of government since 1666. She reported that
the rich traditions and important roles played by lawyers in Maryland
government predated even the original State House; with a stirring
reminder of the role of women in the law, she related the triumphs and
difficulties of Margaret Brent who was an accomplished woman lawyer in
Colonial Maryland and who represented Governor Calvert and his estate from
1648, as the first women lawyer in the colonies.
a. She reported that the Professionalism Course was
very successful and thanked profusely Wanda Claiborne, Judge Kathleen O’Farrell
Freedman and the volunteer faculty for all of their hard work in
organizing and presenting the program; she reported that Judge Battaglia
was working to locate an Administrative home for the proposed new
Professionalism Course and considering whether the course should be
presented to the Judges around the State; she reported that on December
3, 2001, she attended the Maryland Volunteer Lawyer Service Awards
Program; she noted that MSBA and MLSC had honored the banks that had
agreed to join the IOLTA Honor Roll Program; she noted that she had
attended the reception for the Montgomery County Sitting Judges on
December 16, 2001; that on December 12, 2001, it was announced that
Judges Mary Ellen Barbera, Clayton Greene and Frederick Sharer had been
appointed to the Court of Special Appeals, and that she plans to attend
the Investiture of Judges Barbera, Greene and Sharer on January 4, 2002
to the Court of Special Appeals; on December 14, 2001, she attended the
"swearing in" of Thomas DiBaggio, who was sworn in as the new
U.S. Attorney; on December 13, 2001, she attended the reception honoring
Robert Dyer for his efforts on behalf of MICPEL
b. She reported that the MSBA had announced its
support for the Sitting Judges of Montgomery County in a Press Release
issued on November 26, 2001.
c. She reported that Charles E. Kountz, Esquire,
Chair of the MSBA’s Lawyer Assistance Program had written a letter to
Presidents of the entire local and Specialty Bar Associations offering
the MSBA’s assistance in establishing the Lawyer Assistance Program.
d. She introduced Judge Jamey Weitzmen, Gary
Bernstein, Esquire and Donna Shearer, Esquire, Chair of the MSBA
Criminal Law Section who discussed with the BOG the Pretrial Release
Recommendations in the BOG materials. Judge Weitzmen presented the
Criminal Law Section Council’s Pretrial Release Recommendations
adopted on November 14, 2001 to the BOG. She noted the Report of the
Pretrial Release Project Advisory Committee chaired by C. Carey Deeley,
Jr., Esquire and the Pretrial Release Recommendations of the Criminal
Law Section Council and thanked all of them for their hard work in
analyzing this pressing problem. A copy of these Recommendations is
attached to these Minutes as Exhibit 1. It was moved, seconded and
approved to accept these Recommendations.
e. She discussed with the Board the ABA Commission on
Multi-Jurisdictional Practices’ Interim Report which had been released
for comment on December 3, 2001. She referred the matter to the MSBA
Ethics 2000 Committee for review.
2. Paul Carlin gave the Executive Director’s Report.
a. He reported that the total MSBA membership count
as of December 18, 2001, was 19,522 members, including 34 resignations,
5 dropped members, 3 deceased members, 94 new members and 9
He reported that John J. Enoch and John G. Noppinger
qualified for Honorary Membership. The Board approved the resignations
noted in the Executive Directors Report. The Board further approved John
J. Enoch and John G. Noppinger as Honorary Members of the Association.
b. He informed the Board that all of the Class II
Counties had been forwarded information on the procedures for nomination
and election to the BOG in November, 2001. There are 17 Governors to be
elected from Class II.
c. He requested an extension of the dues deadline to
February 28, 2002. After discussion by the Board, it was moved, seconded
and approved that the dues deadline for the MSBA be extended to
February 28, 2002.
d. He discussed with the Board the costs of
implementing a MSBA Online Membership Directory. He noted that the
Online Membership Directory was a step towards embracing the internet as
suggested by the past President, James Thompson and a step towards
branding our members to distinguish them from all other lawyers
in Maryland. He noted that Lawrence Hicks of our staff had done an
excellent job in preparing a Request for Proposal that was submitted to
a number of potential responders. Six companies responded to the Request
for Proposals. Those responses were reviewed by the staff who
recommended that the MSBA accept the proposal submitted by Heatherstone
Mr. Carlin noted that the base cost of the program
was $39,750.00. He further noted that it was advantageous to the
Association for the members to have the ability to change their online
membership directory information themselves and have those changes
reviewed by staff members rather than having the members send the
information to a staff members who would then input the information. He
noted that the cost of implementing that "self-change" program
would be $3,900.00. A license for Cold Fusion would cost $1,000.00. This
is a process by which an administrative password security system could
reside on a server authorization sub-domain. The administrator’s
authorizations will be stored using the Cold Fusion client valuables
preventing people from examining the administrators’ cookie files.
Software to write Cold Fusion for 2 users is $1,000. He further reported
that is would cost $1,600.00 to train the MSBA staff to administer this
program. The total cost of this program, he reported, would be
It was moved and seconded to approve the expenditure
of $47,550.00 to implement the MSBA Online Member Directory. That Motion
3. Report of the Secretary.
a. It was reported that Executive Committee meeting
scheduled for December 4, 2001 had been canceled.
4. Harry Johnson gave the Treasurer’s Report.
a. He reported the following for the MSBA as of
November 30, 2001: dues collected of $1,992,846.00, total dues
income of $2,177,687.00, total income of $2,457,881. He
also noted total expenses of $1,247,748.00, leaving unexpended
funds of $1,210,133.00.
b. He noted that this year’s current assets were up
significantly from last year’s current assets because the Finance
Committee decided not to move any funds from the current asset category
to the investment category at their its meeting shortly after September
11, 2001. He reported that the decision will be reviewed at the Budget
and Finance Committee meeting in January, 2002.
c. He noted that the Budget and Finance Committee, at
its December 12, 2001, conference call meeting, had approved a request
by the Section of Business Law to increase its budget by $738.00 as a
result of a recent amendment to its By-Laws reflecting an increased
number of council members. It was moved, seconded and approved to
increase the budget of the Section of Business Law by $738.00.
5. Reports of the Standing Committees.
a. Timothy Meredith, Esquire, Chairman of the Laws
Committee reported to the Board outlining the manner in which the Laws
Committee coordinates with Buz Winchester, the MSBA’s lobbyist to
review new legislation and determine which legislation needs special
attention by the MSBA. Proposed legislation meeting that standard is
then analyzed and the Laws Committee makes recommendations to the BOG
regarding what position the MSBA should take vis-à-vis that particular
piece of legislation. Mr. Meredith noted that after the BOG has
considered a piece of legislation, they then vote on what position the
MSBA should take. That vote then becomes, as it were, the marching
orders for Buz Winchester.
It was moved and seconded that the Legislative
Program for 2002 be approved. That Motion passed.
President White thanked Mr. Meredith and Mr.
Winchester for their hard work on behalf of the Association.
6. New Business.
a. Robert Bowie, Esquire and Buz Winchester discussed
the ramifications of the new Lobbying Law with the BOG. Mr. Winchester
noted that he had written to Robert A. Hahn of the State Ethics
Commission requesting its input on varying lobbying scenarios that may
occur involving MSBA members. Mr. Winchester reported that the President
and he have a meeting in early January, 2002 with representatives of the
Ethics Commission to discuss how the new law will apply to the MSBA.
7. Special Order of Business - Election of Officers
(Executive Session). The BOG, acting as a nominating committee, went into
executive session and nominated the following candidates for MSBA office
during 2002-2003: For the office of President-Elect, Harry Johnson, from
Baltimore City, Maryland, for the office of Secretary, Cornelius Helfrich
from Bel Air, Maryland, for the office of Treasurer, Michael Conroy from
Montgomery County, Maryland.
a. It was reported by President White that sponsors
were being acquired for the MSBA Mid-Winter Meeting in Las Vegas, NV,
from Sunday, February 17, 2002 to Thursday, February 21, 2002.
There being no further business to come before the
Board of Governors, the meeting was adjourned at approximately 6:45 p.m.
Cornelius D. Helfrich