Vermont Bar Association
Board of Managers Meeting
April 19, 2013
VBA Conference Room

Present: Amber L. Barber, James F. Carroll, David C. Carter, Timothy C. Doherty (via phone), David R. Fenster, Austin R. Gray, Michael E. Kennedy, Daniel P. Richardson, Edward J. Tyler, III, Matthew F. Valerio

Guests: Gavin Boyles (sitting in for Grace Pazdan)

Staff: Mary Ashcroft, Bob Paolini, Laura Welcome

  1. Call to Order: President Amber Barber called the meeting to order at 1:12p.m.
  2. Future Practice of Law Issues – Matt Valerio expressed concern that Vermont may be coming upon a time where we are in a lawyer shortage. He noted there were very few applicants for a recently advertised position. David Fenster commented that he has found the opposite to be true, as he was surprised at the number of applicants interested in a recent job opening. David Carter asked if salary was a factor, however it was determined that both positions had the same starting salary. Matt noted that location may be a deterrent, as few people are interested in taking positions in rural areas. Ted Tyler wondered if salary expectations may be a factor as well.
    Mike Kennedy noted that there was an 83% passing rate for the last bar exam given in February, however the low scores on the Vermont specific section are concerning.
    Gavin Boyles noted that debt to income ratio is the biggest issue for people who are interested in practicing in Vermont.
    Amber Barber wondered why someone with a law degree would choose unemployment as opposed to taking a lower salaried position or one in a less desirable location. David Carter noted that school loan debts can be deferred if you’re unemployed, giving people more time to find higher paying jobs- possibly in other states.
    Austin Gray agreed with Gavin Boyles regarding the student debt load being an issue. He stated that law schools may find it difficult to continue based on excessive tuition rates. Dan Richardson stated that most law school don’t discuss this issue.
  3. Acceptance of Consent Agenda
  1. Minutes – Upon motion duly made, seconded and unanimously voted, the minutes of the March 14, 2013 meeting of the Board were accepted as printed.
  2. Treasurer’s Report –Matt Valerio reported that we are in good shape and membership continues to increase. There was a brief discussion regarding the Mid-Year Meeting and Basic Skills seminar income from March.
  3. Board Committee Reports
  4. Operations –David Fenster stated the committee met and discussed the Conflict of Interest Policy as well as the Executive Director Succession Plan, and they recommend that both be adopted. The committee began the discussion regarding the budget for the upcoming fiscal year and the possibility of increasing membership dues. The committee also suggested that the Board of Managers sign the Conflict of Interest Policy every year. Amber noted the Executive Director Succession Plan has a few typos.
  5. Membership – Dan Richardson stated the committee met and discussed the current VBA Board election process. He noted that Vermont is the only bar association that elects Board members the way we do – by a nominating committee and in person at the March meeting. Dan stated that most other bar associations allow electronic voting, and suggested the VBA may need to look into opening up voting, stating that we would get a greater diversity among the Board. Currently, most of the seats are uncontested and Chittenden and Washington Counties are dominantly represented. Dan also noted that there are a small number of people voting and that those who cannot attend the Mid-Year Meeting are feeling disenfranchised. Dave Fenster wondered about how we would prevent fraud with online voting. Bob Paolini noted that by allowing online voting may take away the reason for someone to attend the Mid-Year Meeting, thereby lowering attendance rates. Bob stated that perhaps looking at the constitution and trying to implement a way to incorporate/include all counties may be a better solution. Amber suggested reaching out to potential Board candidates before the nominating committee meets. Amber also stated that it’s difficult to find people interested enough and willing to put in the time involved in being on the Board. Matt Valerio stated he doesn’t see or hear complaints about the Board, nor does he feel the Board is out of touch. Additional discussion ensued.
    Dan stated the other topic discussed during the committee meeting was the idea of starting a VBA Section and list serve for law student members. Mike Kennedy suggested reaching out to law students out of state.
  6. Program and Planning –Nothing to report.
  7. Pro Bono – Mary Ashcroft stated the committee is meeting next month and she would report to the Board afterward.
  8. Ad Hoc Committee – Austin Gray distributed a draft of the mission statement for the Mid-Size Case Committee. Austin asked the Board to provide feedback by contacting Gary Franklin.
  9. President’s Report –Amber noted that she has been thinking about topics for the June retreat and asked the Board for input and ideas. She is also looking to incorporate activities at the retreat, such as a ropes course, to move it away from just an extended Board meeting, as was suggested to her by Dan Richardson.
    Amber also noted she has just returned from Washington, DC where she attended ABA Day with Bob Paolini and Dave Fenster. She stated they met with Senator Bernie Sanders, Representative Peter Welch and Senator Patrick Leahy, all of whom are very supportive. She stated they asked the Senators to ask for $30 million for civic education, which they agreed to review and consider.
  10. President Elect’s Report –David Fenster noted that he attended ABA Day with Amber and Bob, and stated that it was a great experience.
  11. Executive Director’s Report – Bob Paolini stated that Vermont is the only state bar that gets to meet with their whole state delegation during ABA Day. Other states meet with staff members.
    Legislative news:
    H. 431 – Foreclosure Mediation bill has gone through.
    Billings –S.31 should be out of House Judiciary next week.
    Senate Appropriations bill - Tuesday or Wednesday
    Deadline for the budget was missed and may push back the end of the session date, but will have to see how it goes.
    Bob noted that the change in health care is coming on January 1, 2014 and that all plans will require higher co-pays. There will be a breakdown of the deductible into two sections so each deductible section will have to be met. Insurance and benefits will change next year, but we are supposed to have figures in place by July 2013. Additional discussion regarding health care reform ensued.
    Bob provided the Board with an update on Board tenure; noted the thank you letter from the Vermont Historical Society for the donation for Paul Gillies’ book; provided the Board with a schedule for Judicial Retention through 2019; and with the flyer for a civility program to be held at the Capitol Plaza on Saturday, June 1st.
    Bob stated that Jay Diaz met with the House Education Committee about mental health services in schools. He was well received and is excited about the meeting.
    Bob suggested adding a monthly report for Access to Justice be added to the Board meeting agenda.
    Bob also informed the Board that a Montpelier attorney, Dot Helling, will be closing her law practice at the end of April and joining the Peace Corp.
  12. Staff Reports – Pro Bono Coordinator Mary Ashcroft stated she and Bob met with the Ukraniandelegation, who are interested in information pertaining to domestic violence.
    Mary reported that there has been a surge in low bono cases; the Rutland Pilot Project has about 12 cases per month. Foreclosures are up and will probably continue to increase.
    Mary noted that the grants have been submitted to the VBF and she is waiting to hear the outcome of those.
    The Access to Justice Coalition went to St. Johnsbury to find out the needs and ways to meet those needs in Caledonia County. Their next Road Show destinations will be Rutland on May 21st and Bennington on May 31st.
    Mary reported that she is working on an online link to capture those in need of an attorney who don’t qualify for legal aid, but can’t afford full legal fees and working that concept into a grant application to the ABA.
  13. Section Liaison Reports – None.
  14. VBF Report – Dan Richardson stated that the Board will be meeting on May 24th and he would have a report at the following Board meeting.
  1. Action
  1. Enrollments– After omitting one Associate Member application to obtain further clarification and resubmission, a motion wasmade to accept the following persons as members of the Vermont Bar Association: Attorney Members: Carolyn M.X. Alderman, Merrill E. Bent, Jordana S. Jusidman.Associate Members: John D. Alford, Esq., Gina M. Kelly, Rachel L. Seelig.The motion passed unanimously.
  2. H.357, Writs of Execution – This Action item will be moved to the next Board of Managers meeting.
  3. Adopt Conflict of Interest Policy and Executive Director Succession Plan – A motion to accept the Conflict of Interest Policy and Executive Director Succession Plan (with correction of typos) was seconded and adopted.
  1. Discussion
  1. Judicial Evaluations – Bob Paolini spoke with the person who did these surveys in the past, who is developing a new platform. Brief discussion commenced on the cost of this service.
  2. VBF Chittenden County Board member – Suggested as possible candidates were Mary Kehoe and Glenn Jarrett.
  3. VLA Board Nominee – A motion was made to accept Robert Appel to the VLA Board. Motion passed unanimously.
  1. Unfinished Business – None.
  2. New Business – Dan Richardson stated he and Bob Paolini went to VLS to discuss the idea of an incubator program, which was well received. The next steps would be figuring out a budget, expenses, and possible virtual office space. Bob noted that with grant funding this concept could begin right away with a senior attorney to act as director/mentor/senior partner. The objectives would be to keep young lawyers in the state and provide them with hands on experience including getting them into a courtroom; helping older attorneys to stay active, and might provide someone to take over a practice when an older attorney is ready to retire. Further discussion ensued and Bob suggested this discussion continue at the June retreat.
    Austin Gray reminded everyone that the YLD May mixer is on May 15th at the Capitol Plaza.

There being no further Old or New Business, it was moved, seconded, and passed that the meeting adjourn. The meeting adjourned at 4:25 p.m.

Respectfully submitted,
Laura Welcome
Vermont Bar Association