The Board of Governors of the Maryland State Bar
Association met at the location, date and time indicated above. There were
25 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
President Pamela J. White called the meeting to order
at approximately 5:25 p.m.
The Minutes of the Board of Governors meeting of
January 22, 2002 were approved.
1. Pamela J. White gave the President’s Report.
a. The Board was provided with a copy of an Article
concerning the nomination of Harry S. Johnson, Esquire, to the office of
President-Elect for the MSBA which appeared in the Baltimore
Afro-American on January 19, 2002; copies of an Article published in
the January 31, 2002 edition of The Sun discussing pay raises for
Judges; copies of an Article from The Daily Record, on January
23, 2002, discussing the increase in the small claims limit for District
Court and an Article from The Daily Record on February 6, 2002,
discussing bills to limit the judiciary’s ability to revise sentences,
notice of the adoption of two new Pro Bono Rules and a
request for public comment on Public Access to Court Records and an
Article from the Carroll County Times dated January 28, 2002,
discussing Gender Bias. She provided copies of Chief Judge Robert M.
Bell’s letter to Maryland attorneys explaining the adoption of the new
Maryland Rule 16-608 requiring all Maryland admitted attorneys to report
annually their compliance with our State’s interest on lawyers Trust
Accounts. She reported that she had testified before various committees
of the General Assembly as to pending bills on Judicial Compensation,
The Board of Law Examiners, the Client Security Trust Fund, and Election
b. She reported on the ABA Midyear Meeting, noting
that she and others attended, as a part of the ABA Midyear Meeting, the
National Conference of Bar Presidents meeting; had heard Justice Anthony
M. Kennedy address the American Bar Association on his proposal for a
dialogue for freedom to be conducted in various high schools around the
country. Louise Gonzalez, the MSBA Delegate to the ABA noted that the
Annual Meeting of the ABA would be held in Washington, D.C. this year
and that the pricing format had been changed substantially from the
substantial registration fee which included everything except a few
special ticketed events, to a modest registration fee coupled with an ala
carte cost for CLE programs. Ms. Gonzalez noted this change
should make the meeting more accessible and less costly for Maryland
c. Ms. White reported that she corresponded with and
attended the Court of Appeals’ public conference on the proposed
Amendments to Rule 6.1. She addressed the Court supporting the MSBA’s
position in favor of the Pro Bono Commission’s recommendations for
revisions of Rule 6.1. She noted that there was much discussion, debate
and many votes by members of the Court of Appeals as they worked their
way through the process of making the decision to revise or not to
revise Rule 6.1. In general, the Court of Appeals approved the Pro Bono
Commissions recommended revisions to Rule 6.1 with certain amendments,
including an aspirational goal of 50 hours of pro bono service, with a
substantial portion of those hours devoted to representation of indigent
parties, and the deletion of the proposed $350.00 "buy-out"
provision. Rule 6.1 as revised after several Motions, was passed on a
four to three vote. Rule 16-901 as amended will create Local Commissions
to administer local pro bono programs that will not include judicial
members. The proposed Rule 16-902 relating to Appellate Pro Bono
Commissions was not passed but was, in essence, folded into the revised
Rule 16-901. As amended, Rule 16-903 creating a Statewide Standing
Committees including judicial members and monitoring provisions for
reporting was passed. The President thanked Janet Eveleth of the MSBA
staff for pulling together Bar Bulletin Clippings describing all of the
various efforts that the Association has made over the last two and
one-half years to disseminate to MSBA members the progress of the
discussion on the proposed revisions to Rule 6.1.
d. She discussed a request for an Advisory Opinion
from the State Ethics Commission concerning the nexus between the new
Lobbying Law and members of the MSBA, specifically the President
thereof, and whether or not the MSBA should be regulated as Lobbyists
under the new Public Ethics Lobbying Law. She reported that Kathleen
Meredith, Esquire, would assist to consult to the State Ethics
Commission on the development of regulations to implement the new Public
Ethics Lobby Law.
e. She discussed the opportunity to appoint MSBA
representatives as consultants or liaisons to the Rules Committee and
f. She reported on the new Report of the Committee on
Access to Court Records and the general observation of that Committee
that electronic access to court records should be as easy as paper
access to court records.
g. She noted that on February 13, 2002, Maryland
Public Television would re-broadcast the program, Color at the Bar, at
10:30 p.m., a program relating the history of African Americans in the
2. Paul Carlin gave the Executive Director’s Report.
a. He reported that the total MSBA membership count
as of February 12, 2002, was 20,449 members, including 19 resignations,
1 dropped member, 5 deceased members, 33 new members and 13
b. He discussed the relationship between MICPEL
partners and a program sponsored by the American BAR Association and
University of Baltimore as a CLE Program. He also reported that payments
were being received from MICPEL pursuant to various contracts and
agreements previously discussed in prior Executive Committee meeting
Minutes. He noted that MICPEL has begun to pay $1,000.00 per month
toward its label charge bill and $3,000.00 per month toward its
obligation resulting from the publication of the Pattern Jury
c. He discussed a letter from Judge Glenn T. Harrell,
Jr. concerning the Client Security Trust Fund and its online information
maintained by the Judicial Information System and the MSBA’s efforts
to have our directory online. He noted that he was going to meet with
Judges Harrell and Bell on February 14, 2002 to further explore the
Client Security Trust Fund involvement with the online directory.
d. He noted that there was 120 persons registered for
the MSBA Mid-year meeting in Las Vegas, that the hotel had lowered its
nightly room rate to $75.00 per night and that the hotel was sold out
for Sunday night.
e. He discussed a letter to Robert W. Guth, Esquire,
and the Honorable Michelle D. Hotten, Presidents of the Howard County
Bar Association and the Prince George’s County Bar Association
respectively, informing them that the Board of Governors had approved
the swap of one Class II seat from Howard County to Prince George’s
County. As a result of that swap, Howard County will nominate one person
for Class I, a one-year term and one person for Class II, a two-year
term. Prince George’s County will nominate one person for Class II for
a two-year term. Karen Pascuito, Esquire, will finish her term as a
Class I Governor and Chris Dunn, Esquire, will resign in June, 2002.
f. He reported on nominations for the 2002 Board of
Governors nominations for Class II. There are single vacancies in the
Fourth and Ninth District and three vacancies in the Sixth District.
3. Report of the Secretary.
a. Mr. Helfrich reported that the Minutes of the
Executive Committee meeting held on February 5, 2002, was substantially
included in the Agenda for this meeting.
4. Harry Johnson gave the Treasurer’s Report.
a. He reported that the January 31, 2002 Financial
Statement was not finished but reported the following as of January 31,
2002: dues collected of $2,238,158.00, representing 99% of the
budgeted receipt of dues. He further reported that as of February 11,
2002, the Association had received an additional $10,291.00 in dues
representing 99.5% of the budgeted receipt of dues.
b. He reported on requested budget amendments which
had been approved by the Budget and Finance Committee on February 6,
2002, including an amendment to provide the Section on Delivery of Legal
Services an additional $4,000.00; to provide the Special Committee on
the Leadership Academy Public Service Project with $3,000.00 and a
contribution to the National Bar Association Mid-year Conference in the
amount of $1,500.00. All of these Budget Amendments were passed. It was
noted that the donation to the National Bar Association Mid-year
Conference requires that the MSBA be listed as a sponsor.
c. He discussed the Summary Report on the results of
the MSBA’s Investment Portfolios. In general, he noted that the
Association has a very conservative investment policy and that it has
withstood the recent market decline rather well.
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 set
forth on the attached Exhibit No. 1, except the following: Senate Bill
720 and House Bill 916 were opposed as written but approved if amended
to change the word "shall" in line 16 to "may" and
lines 15 through 18 on page 3 were deleted. Senate Bill 73/House Bill
160 was passed including amendments to delete Section B, change Section
E to place the burden of notifying the victims on the State’s
Attorneys Office, that a Task Force be appointed to study the entire
issue of Revisery Power of the Courts so that any Bill passed is based
on empirical knowledge and not anecdotal evidence and, that Section C be
modified to require that the changes be "on the record."
Senate Bill 336 and Senate Bill 688/House Bill 602 were tabled, Senate
Bill 393 and House Bill 206 which are parallel but not identical Bills
were changed to monitor on a 13 to 7 vote.
Judges Sothoron, Spellbring and Hennegan abstained on
the vote on Senate Bill 347.
6. Reports of the Sections.
a. Governor Ankur Dalal, Esquire, reported on the
proposed agreement between the MSBA and on behalf of its Young Lawyers
Section and the Emergency Management Agency concerning Disaster Relief
Services and specifically immunity for lawyers providing services as a
result of an emergency. It was moved and seconded that the Agreement be
approved. The Motion passed.
a. President White requested that Section Chairs
forward Minutes electronically to Patricia Yevics at the Maryland Bar
b. She reported that the Tuesday, March 12,
2002,Board of Governors Meeting will be held at the Center Club with
Board of Governors spouses, partners and significant others. Invited to
attend. There will be a further report on the precise time of the
meeting and parking procedures.
There being no further business to come before the
Board of Governors, the meeting was adjourned at approximately 8:01 p.m.
Cornelius D. Helfrich