The Board of Governors of the Maryland State Bar Association
met at the location, date and time indicated above. There were
32 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. Guests in attendance included Timothy
Meredith, Esquire, Cleveland Miller, Esquire and Judge Patrice Lewis.
President Pamela J. White called the meeting to order at approximately
The Minutes of the Board of Governors meeting of December
18, 2001, were read and approved with friendly amendments:
1. Pamela J. White gave the President’s Report.
a. President White and the Board congratulated former
Board member and Executive Committee member, Susan Bayly on her appointment
as Governor Parris Glendening’s new Chief Legal Counsel, replacing
Judge Mary Ellen Barbera who was sworn in as a Judge on the Court of
Special Appeals. The Board accepted, with regret and pride in her accomplishment,
Ms. Bayly’s resignation from the Executive Committee and the
Board of Governors. President White thanked her for her service and
wished her well in her new endeavors. President White noted that Prince
George’s County had appointed Judge William B. Spellbring, Jr. to
serve out the balance of Ms. Bayly’s term on the Board of Governors,
President White nominated Board of Governor member, Master Terry Beck to
replace Ms. Bayly on the Executive Committee. The Board of Governors
unanimously approved that nomination.
President White requested all Board of Governor members
to call their respective Sections and Committees for which they are
responsible to request them to submit a succinct description of their
projects and accomplishments during this Bar year to Janet Eveleth
by February 22, 2002,
President White reported that the room rates at the
Las Vegas Flamingo during the MSBA Midyear Meeting had been reduced
to $75.00 per night.
President White discussed the MSBA’s efforts in dealing with
the new Lobbying Law, including the MSBA Member Alert dated January
2002 President’s Bulletin. A copy of which is attached to these
Minutes as Exhibit 1. She noted that because the Maryland Legislature
was currently in session, most of the thought and effort had been directed
at legislative lobbying. She requested the Governors to contact the
Sections and Committees for which they are liaisons to determine what
kinds of Executive contacts the Sections and Committees have on a regular
or even infrequent basis during the course of a Bar year. This information,
when collected, will give guidance to the Board of Governors regarding
the magnitude of the impact of the lobbying law vis-à-vis our
members and Executive contacts.
She further requested that all members of the Association
contact Buzz Winchester for advice on any contact with legislators
or their representatives that might be interpreted as lobbying under
the broadest definition.
b. She discussed the letter from Glenn M. Cooper,
President of the Bar Association of Montgomery County concerning Rule
6.1 Pro Bono Proposal. She noted that she had attended the meeting
referenced in Mr. Cooper’s letter and spoke at length concerning
the evolution of the MSBA’s support of the Pro Bono Commission
Report. Her comments generated numerous questions from the BOG.
c. The Board approved the appointment of Robert T.
Gonzales to the Legal Aid Board of Directors.
d. She discussed the aforementioned President’s
Bulletin and Member Alert dated January 2002 relating to the new lobbying
law. She thanked the Executive Committee for all of its help in reviewing,
considering, discussing and evaluating the law; she thanked the law
firm of Bowie and Jensen, LLC and particularly Teresa K. LeMaster,
Esquire for the prodigious amount of work they have done in analyzing
the law and its impact for the Board of Governors. President-Elect,
James Nolan, noted that while it was certainly appropriate to thank
others for their assistance, it would be remiss if the BOG did not
thank President White for her tireless efforts to explore all of the
ramifications of this legislation.
e. She discussed a Memo to Paul Carlin, Executive
Director, from Susan Erlichman, Director of Operations for MLSC requesting
that the MSBA join Amicus Curiae Briefs in two IOLTA
suits that it is anticipated will be filed if the Supreme Court agrees
to review conflicting Opinions from the Fifth Circuit Court of Appeals
and the Ninth Circuit Court of Appeals. The following Resolution was
moved, seconded and passed by the BOG.
"RESOLVED, that the MSBA Board of Governors
approves participation by the State Bar in amicus curiae briefs to
be filed in Washington Legal Foundation vs. Texas Equal Access
to Justice Foundation and Washington Legal Foundation vs.
Legal Foundation of Washington and authorizes General Counsel
to execute on behalf of the Board a proper engagement letter authorizing
attorneys designated by the National Association of IOLTA Programs,
Inc. to represent the Bar before the United States Supreme Court."
f. The Court of Appeals has referred the MSBA’s course proposals
for all attorneys to Judge Battaglia, to address the course and how
it might be built on the experience of the MSBA with the new admittees’
course, and to explore professionalism more broadly and encompass considerations
of Judicial Education on professionalism subjects. Judge Battaglia,
and Judge Katy Friedman for the Professionalism Committee, are beginning
to explore the development of a Professionalism Commission. The mission
of such a Commission might include such specifics as course funding
and alternatives to professionalism courses, initiatives on the subject
for judges, and town hall meetings across the state to explore attorney
concerns about ethics--even the impact of the new lawyer disciplinary
2. Paul Carlin gave the Executive Director’s Report.
a. He reported that the total MSBA membership count
as of January 22, 2002, was 20,426 members, including 38 resignations,
1 dropped member, 9 deceased members, 934 new members and 18 reinstatements.
b. He discussed a letter from Robert W. Guth, President
of the Howard County Bar Association, noting a quirk in the By-Law
calculation for representation on the Board of Governors for certain
counties entitled to multiple Governors. Because of the ebb and flow
of entitlement to representation on the Board of Governors, it occasionally
happens that a county entitled to two Governors winds up with both
Governors in the same class so that their term expires at the same
time thus preventing continuity of representation for the county. A
pragmatic solution resolved the difficulty. The Howard County Bar Association
and Prince George’s County Bar Association were willing to swap
Board of Governors seats. The Board approved changing both Class II
Governors to one Class I and one Class II in both counties. That resulted
in the correct number of Governors overall and continuity of representation
in each county. The Board of Governors approved this change.
c. He discussed an Affinity Agreement with MICPEL
whereby MICPEL would provide up to a 28% discount on the price of all
CLE courses to MSBA members and bear all of the cost of producing and
mailing materials for its programs and publications. In return, the
MSBA would provide MICPEL an exclusive endorsement to be its CLE provider
and agree to allow MICPEL to use MSBA name and logo in its marketing
efforts. The MSBA further authorized MICPEL to solicit MSBA members
by mail, direct promotion and advertisements for registration to its
education courses; the MSBA agreed to provide its mailing lists, free
of charge, to MICPEL, noting that all of the rights to and ownership
of the membership mailing lists remain with the MSBA. MICPEL was required
not to disclose or permit the use of the membership list to any third
party but was authorized to allow a mailing service to use the list
to mail to MICPEL’s targeted audience. The Affinity Agreement
was a one-year agreement which would continue from year to year unless
either party terminated the agreement on 60 days notice. It was moved,
seconded and approved to authorize Mr. Carlin to enter into the Affinity
Agreement on behalf of the MSBA.
d. He discussed with the Board the recent letter soliciting
non-renewing members to renew their membership.
e. He discussed his letter to Susan Gillette, Esquire,
Counsel for the University of Maryland at Baltimore concerning the
investment fee being charged against the interest earned on the Maryland
State Bar Association’s contribution to a Quasi Endowment Fund
for capital repairs at the Maryland Bar Center. Mr. Carlin’s
point was that the monies are to be placed in an interest bearing account
and will earn approximately 4.5% per year with no investment consideration
or discretion being exercised by the University of Maryland at Baltimore
in managing the fund and that under those circumstances, charging a
2% fee to essentially put the money in an account and reconcile the
statements from time to time seemed excessive.
f. He discussed a letter dated December 14, 2001 to
Judge Glenn T. Harrell, Jr. presenting a historical background for
the Association’s feeling that the Clients’ Security Trust
Fund and the Attorney Grievance Commission should contribute to the
costs of producing the Lawyers Manual. Parenthetically, Mr. Carlin
noted that there were 25,000 copies of the Lawyers Manual printed,
representing 20,750,000 pages.
g. He discussed a letter to Brent Burry, Esquire,
Executive Director of MICPEL, discussing the Royalty Agreement between
the Association and MICPEL as it relates to the Publication Pattern
h. He noted that the new, more attractive version
of the Lawyers Manual had been distributed. He thanked Rozanne Batton
and Patrick Tandy of the MSBA staff who did much of the software preparation
in-house and saved the MSBA approximately $20,000.00.
3. Report of the Secretary.
a. Mr. Helfrich reported that the Minutes of the Executive
Committee meeting held on January 8, 2002, was substantially included
in the Agenda for this meeting.
4. Harry Johnson gave the Treasurer’s Report.
a. He reported the following for the MSBA as of December
31, 2001: dues collected of $2,213,394.74, total income of $2,580,870.34. He
also noted total expenses of $1,479,805.29, leaving unexpended
funds of $1,101,065.05.
5. Reports of the Standing Committees.
a. Buz Winchester, MSBA Director of Legislative Relations,
and Timothy E. Meredith, Chair, gave the report and recommendations
of the Committee of Laws. A copy of the written recommendations is
attached to these Minutes as Exhibit No. 2. All of the recommendations
of the Committee were approved by the Board as presented, except House
Bill 21. Consideration of House Bill 21 was postponed until the next
Board of Governors meeting. Judges Davis-Loomis, Eaves and Sothoron
and Mr. Conroy abstained on the votes on Senate and House Joint Bill
5; Judges Davis-Loomis, Eaves and Sothoron abstained on the vote on
Senate Bill 150.
6. Reports of the Sections.
a. Judge Patrice Lewis, discussed the Criminal Law
Section’s position of the U.S. Justice Department’s newly
released Administrative Rules permitting the government to listen in
on conversations between lawyers and clients in federal custody, including
people who have been detained but not charged with any crime, if there
is "reasonable suspicion" that an exchange of information
may occur about future acts of terrorism. Judge Lewis noted that there
are procedural safeguards in place that, if the government has probable
cause to believe criminal activity is occurring or is about to happen,
it can ask a Judge to authorize the type of monitoring/surveillance
proposed and thereby satisfy the Fourth Amendment.
It was moved and seconded that the MSBA support the
ABA in its opposition to the new Department of Justice Rules that would
permit the government to listen in on conversations between lawyers
and clients in federal custody, if there is "reasonable suspicion"
that an exchange of information may occur about future acts of terrorism.
After extensive discussion, the Motion passed on a
7. New Business.
a. Cleaveland D. Miller, Esquire, Chairman of the
Board of the Legal Mutual Liability Society discussed with the Board
the genesis of the Legal Mutual Liability Society and noted that it
is quite financially healthy; that the number of insureds increased
by 25% this year and now numbers roughly 2,000 insureds. He further
noted that the Legal Mutual Liability Society had hosted a National
Conference of other Bar Association Insurance Companies. President
White thanked Mr. Miller for his hard work on behalf of Association
8. Special Order of Business.
a. President White introduced Judge Martha Rasin,
former Chief Judge of the District Court; President White noted that
on October 1, 2001, the Board of Governors had voted to honor Judge
Rasin for her service to the citizens of the State of Maryland
as Chief Judge of the District Court. Judge Rasin was presented
with a plaque from the Board of Governors.
Rasin addressed the Board and thanked them for the plaque noting
that the MSBA Bar and the Chief Judge of the District Court’s
goals concerning the efficient administration of justice are quite
similar. She then discussed the Bill to permit the use of Commissioners
when District Court Judges were not available to issue Domestic Violence
Restraining Orders and indicated that, the goal of that Bill was to
provide service to the citizens of Maryland at a time when they most
a. President White noted that the MSBA Midyear Meeting
will be held this year in Las Vegas from February 17 - 21, 2002, at
now reduced Flamingo Hotel Room rates of $75.00 per night.
b. The Prince George’s County Bar Association
Centennial Celebration will be held on May 17, 2002, from 6:30 p.m.
to 11:00 p.m. at the Mt. Airy Mansion in Upper Marlboro, Maryland.
Light fare will be provided and black tie is optional. Judge Sothoron
noted that the Celebration is expected be a sell-out.
There being no further business to come before the Board
of Governors, the meeting was adjourned at approximately 8:30 p.m.
Cornelius D. Helfrich
Of Governors : Minutes :
January 22, 2002