| FAMILY LAW
EXECUTIVE COMMITTEE MEETING
Tuesday, January 8, 2002
In Attendance:
- Commissioner Bradford
- Harry Caston
- Helen Christian
- Karma Dixon
- Commissioner Hadley
- Brent Johns
- Judge Larry Jones (via telephone)
- Louise Knauer
- Randy Ludlow
- Lori Nelson
- Stewart Ralphs
- Kellie Williams
Excused:
- Sandy Dolowitz
- Howard Lundgren
- Marcie Keck
- Adam Trupp
1. Minutes. Upon motion by Lori and second by Harry,
the minutes of November 13, 2001, were unanimously approved.
2. Budget/Section Finances. Karma provided information
regarding the budget status through 11/30/01, and indicated that the numbers
do not reflect costs of the Christmas Social, for which bills have not
yet been received. She also reported that a delay in cancellation of the
December luncheon resulted in a charge by the LJC for food and beverage.
Her offer to reimburse the budget for that amount was rejected by the
Committee.
3. Membership Subcommittee. Initial efforts to contact
Judge Jones by telephone were not successful, and with no other subcommittee
members having anything to report, the matter was tabled.
It was requested that an email be sent to all Committee members detailing
subcommittee membership and assignments. Karma indicated this would be
provided.
4. Subcommittee Reports.
1. Newsletter Subcommittee. Louise reported that the
subcommittee has held a meeting, but that no progress has been made
on the newsletter. Committee members agreed that a major problem lies
in generating interest by Section members which would result in submission
of articles. Karma stated she felt it was important to have contact
in written form with the Section, even if a full four-page format was
not necessary. The suggestion was made that a major focus be placed
on publishing a summer issue, which could include information from major
Bar meetings and CLE sessions, in addition to a legislative summary.
It was also requested that a regular date be set for each Subcommittee
to meet to facilitate future calendaring. There was also agreement on
the need to promote the Web page, where information on membership recruitment,
feedback from the judiciary and a Bench Book on the judiciary and Commissioners
could be readily accessed.
Karma will prepare a one-page newsletter to be sent out this winter,
and the subcommittee will focus their efforts on a more comprehensive
summer issue.
2. Web. Karma stressed the importance of keeping the
Web page updated.
3. Legislative Committee.
1. Bill to change standard for determining custody.
Lori reported that following the November meeting, she met with the
bill's sponsor and expressed the Committee's concerns. The bill has
been changed to address those concerns, and she felt the Committee
could now support this legislation.
2. HB 196 - Divorce and Parent-Time Revisions. Lori
indicated she has spoken with the bill's sponsor, who was not willing
to address concerns with the language of the bill nor revise to leave
more discretion to the courts. Karma indicated that ORS was specifically
concerned regarding the requirement listed in paragraph 13 of the
bill, which requires them to "verify" allegations of nonpayment
of child support payment arrearage prior to taking action, as it is
not clear what would be involved in that verification process or the
impact it would have on ORS staff and budget. Concern was also expressed
over the issue of travel expenses as discussed in paragraph 7.
3. SB 24 - Release of Custodial or Noncustodial Parent's
Address. Lori indicated there was a possibility of conflict
with federal law, and that the state could lose federal funding if
there were inconsistencies between state and federal law. Concern
was expressed that there needs to be a notice provision provided,
and that while the bill mentions protective orders, there is no consideration
of other orders which might be outstanding.
4. SB 87 - Visitation Rights of Grandparents. Lori
stated there was a specific concern with the language of Line 63,
and a possible conflict with the Troxel decision and the standards
set therein.
5. Judgment Liens. Lori pointed out that a law passed
last year, which becomes effective July 1, 2002, will eliminate automatic
civil judgment liens, requiring decrees to contain property descriptions
and to be recorded in the county where property is located.
Judge Jones joined the meeting at this time, via telephone. Karma
reviewed for him the legislative discussion.
Regarding the Membership Committee, Judge Jones reported that he
had prepared language to be distributed to Section members with the
goal of accumulating resumes so the committee can fill vacancies as
necessary. He suggested establishment of a formalized procedure for
meeting membership needs.
4. Child and Family Standing Committee. The next meeting
will be held in March.
Committee members were made aware of a proposal from the Protective
Order Subcommittee on court placement of matters involving children.
Discussion and negotiations on the issues are ongoing, and Tim Shea
is working on the matter but has nothing yet in writing. Judge Jones
stressed the need for further education and training on protective orders,
the statutes, filing requirements and process, etc.
5. Annual Seminar Subcommittee. Helen reported that
plans are going well, with most of the topics and speakers confirmed.
There will be a meeting within two weeks to finalize the agenda. Date
for the seminar is May 10, 2002.
6. CLE Subcommittee. It was decided the luncheon with
Commissioner Patton scheduled for January 18 in Provo should be moved
to Salt Lake County if possible. Notices will be sent out immediately.
2. Other Business. Karma presented a request from the
Legal Assistants Division requesting the opportunity to become members
of the Family Law Section. Motion was made to table discussion until the
next meeting. Karma will distribute copies of the letter and supporting
documentation for review prior to that meeting.
3. Next Meeting. Due to the Olympics, next month's meeting
scheduled for February 12 at the Law and Justice Center will be cancelled,
with necessary communications via email. The next regularly scheduled
meeting will be held on Tuesday, March 12, 2002, promptly at 12:00 noon,
at the Law and Justice Center.
The meeting adjourned at 1:00 p.m.
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