SUMMARY OF ACTION
AMERICAN BAR ASSOCIATION
BOARD OF GOVERNORS
The Grand America Hotel
Salt Lake City, Utah
February 10-11, 2005
1.REPORTS OF OFFICERS AND THE EXECUTIVE DIRECTOR
The Board of Governors (Board) received the reports of the President, President-elect, Chair of the House of Delegates, Immediate Past President, Secretary, Treasurer and Executive Director. The minutes of the Board's November 6, 2004, meeting were approved as presented. The minutes of the Executive Committee’s November 9, 2004, and January 20, 2005, meetings were received.
2.MATTERS FOR DIRECT BOARD ACTION
2.1CEELI Presentation
The Board heard a presentation from Michael Maya, Deputy Director of the Central European and Eurasian Law Initiative (CEELI). Mr. Maya discussed with the Board several of CEELI’s current initiatives including the Ukraine Elections Project, in which 700 judges were trained in the weeks before the Ukraine election; and the Iraq Program, which focuses on women’s rights and the drafting of a Constitution. CEELI will hold its Annual Meeting in July and its annual luncheon is scheduled for August 6, during the 2005 Annual Meeting in Chicago. On behalf of CEELI, Mr. Maya expressed his deep appreciation to the Association and the ABA leadership for their support. On behalf of the Board, President Grey thanked Mr. Maya and the CEELI staff for their outstanding contributions in promoting the rule of law around the world.
2.2House Reports
The actions of the Board on Reports with Recommendations to the House of Delegates are reported in the Board’s Transmittal Report to the House of Delegates, #177A. Copies of Report #177A are available from the Division for Policy Administration.
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February 2005 Board of Governors Meeting
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2.3ABA Legislative and Governmental Priorities
The Board approved the following ABA Legislative and Governmental Priorities for the first session of the 109th Congress:
Access to Legal Services
Anti-Terrorism and Preservation of Due Process
Federal Tort Laws
Funding of the U.S. Patent and Trademark Office
Immigration
Independence of the Legal Profession
Independence of the Judiciary
Legal Remedies to Eliminate Discrimination
(including District of Columbia Voting Rights and
reauthorization of the Violence Against Women Act)
Rule of Law – International
Student Loan Forgiveness and Repayment Assistance
Tax Simplification
2.4Presentation of Board Ad Hoc Committee on Revenue
The Board heard a presentation from Michael A. Bedke, Chair of the Board Ad Hoc Committee on Revenue (Ad Hoc Committee), and Carolyn B. Lamm, Chair of the Operations and Communications Committee. President Grey appointed the Ad Hoc Committee in December 2004 to examine the current state of the Association’s dues and non-dues revenue and make appropriate recommendations to the Board for its consideration at the August 2005 meeting. The Board was given a synopsis of the Association’s current sources of non-dues revenue and was presented with ideas for new initiatives for non-dues revenue enhancement. The presenters encouraged input to the Ad Hoc Committee as it continues its work.
2.5Consent Calendar: Report of Board Committee Chairs
The Board adopted the Consent Calendar as presented by the Secretary. Action on all items contained on the Consent Calendar is set forth in items 3 through 5 of this Summary of Action relating to the reports of the Board Committees.
2.6Fund for Justice and Education
The Board, sitting as the members of the Board of the American Bar Association Fund for Justice and Education (ABA/FJE): a) approved the minutes of the November 6, 2004, meeting of the ABA/FJE Board as presented; and b) accepted the ABA/FJE restricted grants and contributions received or awarded through December 31, 2004, and not previously reported, as requested by the Association’s Grant Development & Administration Office.
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February 2005 Board of Governors Meeting
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3.OPERATIONS AND COMMUNICATIONS COMMITTEE
A.MATTERS FOR REVIEW BY THE BOARD
3.1Requests for Bylaw Amendments
a.Section of Antitrust Law
The Board approved the request of the Section of Antitrust Law to amend its bylaws to:
i) establish an Associate classification; and ii) create two new non-voting Council positions, one for a non-U.S. lawyer representative and one for a non-lawyer representative, which correspond to the two ABA classifications for Associates. The proposed amendments were approved by the Section’s Council on November 17, 2004.
3.2Nominations
a.ABA Journal Board of Editors
The Board elected Barbara J. Howard of Cincinnati, Ohio, and Michael E. Flowers of
Columbus, Ohio; and re-elected Kenneth P. Nolan of New York, New York, to the ABA
Journal Board of Editors, all for three-year terms to expire at the conclusion of the 2008
ABA Annual Meeting.
b.Appellate Judges Education Institute
The Board elected William L. Pope of Columbia, South Carolina, to fill the unexpired term
of Wm. T. Robinson III as an ABA representative on the Board of Directors of the
Appellate Judges Education Institute (AJEI Board) through the conclusion of the 2005 Annual Meeting and to then serve a three-year term through the conclusion of the 2008 Annual Meeting.
c.Criminal Justice Section
1)National Commission on Correctional Health Care
The Board re-elected William J. Rold of New York, New York, as the ABA representative to the National Commission on Correctional Health Care for a second three-year term to expire August 2007.
2)Request to Discontinue Representation on the American Correctional Association Commission on Accreditation for Corrections
The Board discontinued ABA representation on the American Correctional Association
Commission on Accreditation for Corrections (ACA-CAC) based upon the
recommendation of the Section. The Section is no longer active in the area of correctional
accreditation and therefore does not feel that it needs to continue to have representation
on the Commission.
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February 2005 Board of Governors Meeting
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d.Organization for the Advancement of Structured Information Standards (OASIS) Legal XML Section
The Board elected Rolly L. Chambers of Charlotte, North Carolina, as the ABA
representative to the Organization for the Advancement of Structured Information Standards (OASIS) Legal XML Section for a one-year term to expire in June 2006.
The Board approved outside membership in the LegalXML, Inc. standards organization in October 2000. LegalXML became a member section of the successor OASIS in 2002.
3.3Requests to Establish Awards
a.Commission on Domestic Violence
The Board approved the request of the Commission on Domestic Violence to establish the annual “ABA Commission on Domestic Violence Law Student Writing Competition Award” for papers that address an aspect of domestic violence and the law from a national and international perspective and advance the legal needs of domestic violence victims or domestic violence victims and their children. There will be a first place award consisting of $750 and publication in the Woman Lawyers Journal or similar publication, a second place award of $500 and a resolution from the Commission, and a third place award of $250 and a resolution from the Commission. No general revenue funds are requested or will be used to pay for the financial awards to the winners. The funding will come from the Commission’s support fund that was established in 1994.
b.Section of Litigation
The Board approved the request of the Section of Litigation to establish the “Section of Litigation Fellows Award” for individuals who have made a substantial contribution to the
profession and the field of litigation through scholarship, teaching, advocacy, or as a member of the judiciary or through participation in the legislative process. The award will be presented from time to time at the discretion of the Section Council and will consist of a plaque or similar item with an approximate value of $150-200.
c.Section of Labor and Employment Law
The Board approved the request of the Section of Labor and Employment Law to co-sponsor with the City Bar of New York and the New York State Bar Association a lifetime achievement award that will be presented on May 25, 2005, to John C. Truesdale, former Chairman of the National Labor Relations Board, during a program to observe the 70th anniversary of the National Labor Relations Act in New York, New York.
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February 2005 Board of Governors Meeting
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3.4Discussion of Blanket Authority Procedure
a.Report of Subcommittee Appointed in November 2004
The Board adopted, as amended by the Operations and Communications Committee, the recommendations contained in the report of the Subcommittee of the Operations Committee that was appointed in November 2004 to work with ABA Sections to address concerns with the Blanket Authority Procedure adopted by the House of Delegates in August 2004. (See Attachment A.)
b.Consideration of Commenting and Reviewing Entity Requests Originally Submitted for November 2004 Meeting
The Board deferred the requests of ABA Sections for authority to submit technical
comments and to serve as reviewing entities for technical comments under the Blanket
Authority Procedure adopted by the House in August 2004. Deferral will permit
commenting and reviewing entities to complete a form, to be drafted by the Operations
Committee, which will provide additional information regarding the requests and ensure
greater clarity in the application process.
3.5Request for Approval of Policies and Guidelines Originally Recommended by the Standing Committee on Technology and Information Systems
The Board approved, as amended, the recommended policies and guidelines for the ABA’s technology and information systems adopted by the Operations and Communications Committee on December 17, 2004. (See Attachment B.)
3.6Request to Create Position of Webmaster
The Board approved the request of ABA Executive Director Robert A. Stein for the creation of a Webmaster position, to be housed within the Office of the Executive Director, that will work with the ABA Staff Website Working Group to implement changes to the ABA Website that will enhance its usability for ABA members and the general public.
Funding for the position will come from monies not spent in the current budget year, and monies will be reallocated within the budget to fund the position in future years.
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February 2005 Board of Governors Meeting
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3.7Request for Approval of Board Meeting Dates and Sites for 2005-2006
The Board approved the following dates and sites for the 2005-2006 meetings of the Board, as requested by President-elect Greco:
October 26-29, 2005Fairmont Copley Plaza
Boston, Massachusetts
January 31 - February 3, 2006New Orleans Marriott
New Orleans, Louisiana
April 21–22, 2006Westin River North
(Program and Planning Chicago, Illinois
and Finance Committee
meetings for budget review)
May 31 – June 3, 2006Westin River North
Chicago, Illinois
August 2-5, 2006Hilton Hawaiian Village
Honolulu, Hawaii
3.8ALI-ABA Committee on Continuing Professional Education Request for Name Change
The Board approved the request of the American Law Institute-American Bar Association Committee on Continuing Professional Education to change its name to “American Law Institute-American Bar Association Continuing Professional Education”.
3.9Coalition for Justice Request for Creation of Coalition Alliance
The Board approved the request of the Coalition for Justice for the creation of a Coalition Alliance group to be comprised of a maximum of 25 representatives of the more than 140 non-lawyer organizations with which the Coalitionpartners.
3.24Receipt of Final Report of the Task Force on the Lawyers Center for Personal Legal Services and Client Development
The Board received the final report of theTask Force on the Lawyers Center for
Personal Legal Services and Client Development.
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February 2005 Board of Governors Meeting
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B.MATTERS OF INDEPENDENT JURISDICTION
(Committee action and notifications to the Committee are reported to the Board)
3.15Requests for Co-Sponsorships
a.ABA Presidential Advisory Council on Diversity in the Profession
The Operations and Communications Committee approved the request of the ABA Presidential Advisory Council on Diversity in the Profession to co-sponsor with the Law School Admission Council (LSAC) the conference “Facing the Challenges of Increasing Diversity Into the Legal Profession: Collaborating to Expand the Pipeline” on November 3-5, 2005, at Rice University in Houston, Texas. In approving the request, the Operations Committee understood that: i) the LSAC, as the primary co-sponsor, will contribute up to $100,000 to fund the conference; ii) members of the Advisory Council on Diversity will contribute by developing and hosting the conference; and iii) no ABA general revenues are requested or required.
b.Appellate Judges Conference
The Operations and Communications Committee approved the request of theAppellate Judges Conference (AJC) of the ABA Judicial Division to co-sponsor with the Appellate Judges Education Institute (AJEI) the AJC’s Council of Appellate Staff Attorneys seminar “Making the System Better from Within” on July 25-30, 2005, in Dallas, Texas. In approving the request, the Operations Committee understood that: i) funding for the seminar will be provided in accordance with the Agreement between the ABA and AJEI that took effect on September 1, 2003; and ii) the ABA has no financial responsibility for the seminar.
c.Judicial Division
The Operations and Communications Committee approved the request ofthe Judicial Division, its Tribal Courts Council, and its Standing Committee on Minorities in the Judiciary to co-sponsor the “Walking on Common Ground: Pathways to Equal Justice National Symposium” on July 27-29, 2005, in Green Bay, Wisconsin. In approving the request, the Operations Committee understood that: i) the ABA has no financial responsibility for the program; ii) the cost of the Symposium will be $350,000 and will be funded through grants; and iii) symposium co-sponsors may also make contributions to fund the program.
d.Section of Labor and Employment Law (Two Requests)
i)Program to Observe 70th Anniversary of the National Labor Relations Act
The Operations and Communications Committee approved the request of the Section of Labor and Employment Law to co-sponsor with the Association of the Bar of the City of New York (City Bar) and the New York State Bar Association (NYSBA) a program to observe the 70th Anniversary of the National Labor Relations Act on May 25, 2005, at the
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February 2005 Board of Governors Meeting
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City Bar in New York, New York. In approving the request, the Operations Committee understood that: i) the ABA will have no financial responsibility for the program; ii) the City Bar will assume costs for facility rental, catering and staffing; and iii) the NYSBA will incur the cost of the printed program book.
ii)Lecture: “Kissing Cousins? The FAA and Modern Labor Arbitration”
The Operations and Communications Committee approved the request of the Section of Labor and Employment Law to co-sponsor with the American Arbitration Association (AAA) and the National Academy of Arbitrators the free lecture “Kissing Cousins? The FAA and Modern Labor Arbitration” on October 20, 2005, in Chicago, Illinois. The program is part of a lecture series planned by the AAA to commemorate the 80th Anniversary of the Federal Arbitration Act. In approving the request, the Operations Committee understood that: i) the AAA is responsible for the cost of space and materials for the program; and ii) the ABA will have no financial responsibility for the program.
e.Law Practice Management Section
The Operations and Communications Committee deferred the request of the Law Practice Management Section to co-sponsor with Legal Insight a database containing interviews with prominent woman lawyers called “Themis: Hear the Voice of Woman Lawyers.” Deferral will permit review of the project regarding endorsement aspects and review by:
i) the Standing Committee on Membership regarding member benefit aspects of the request; ii) the Commission on Women in the Profession regarding aspects of the request that may be duplicative of the Commission’s “Oral History” project; and iii) the ABA Information Systems Department regarding Website aspects of the request. In addition, the Board of Governors Liaison is asked to discuss the request with the Law Practice Management Section.
f.Law Student Division
The Operations and Communications Committee approved the request of the Law Student Division to co-sponsor with the National Arbitration Forum (NAF) the National Arbitration Competition (Competition) annually in November 2005, 2006, and 2007. The 2005 Competition is scheduled for November 18-20, 2005, in St. Paul, Minnesota. In approving the request, the Operations Committee understood that: i) the Division will provide organizational and staff support; ii) the ABA will have no financial responsibility for the Competition; and iii) annual expenses for the Competition are estimated at $35,000. NAF has agreed to provide at least $100,000 in funding for the first three years, and
subsequently, if the Competition is successful, NAF will continue to sponsor and provide funding to maintain the Competition as a permanent Law Student Division competition.
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February 2005 Board of Governors Meeting
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3.16Meetings Outside the United States
a.Judicial Division
The Operations and Communications Committee approved the request of the Judicial Division to hold a CLE program on comparative law on September 3-10, 2005, at the Court of Justice of the European Communities in Luxembourg. In approving the request, the Operations Committee understood that: i) program tuition will cover all program expenses; ii) the Judicial Division will pay to send the Judicial Division Chair only at a reduced rate to cover actual expenses; iii) the international programming is included in the Judicial Division’s three-year plan and 2005-2006 budget and no additional general revenue will be used or requested.
b.Section of Taxation
The Operations and Communications Committee was notified that the Section of Taxation plans to co-sponsor with the International Bar Association’s Section on
Business Law a CLE program “The Fifth Annual Tax Planning Strategies--U.S and Europe”, in London, England, on April 7-8, 2005.
4.PROGRAM AND PLANNING COMMITTEE
A.MATTERS FOR REVIEW BY THE BOARD
4.1Section of Science and Technology Law Request to Solicit Funds for Survey Project
This item was withdrawn.
B.MATTERS OF INDEPENDENT JURISDICTION
None for consideration.
ADDITIONAL ITEM
Review and Response to Three-Year Plans