Family Law Section

Minutes - March 11, 2009

Present: John Sheaffer, Angela Fonnesbeck, Dena Sarandos, Rick Hummel, Doug Adair, Judge Douglas B. Thomas, Russ Minas, Stewart Ralphs, Louise Knauer, Steve Gunn, Al Pranno, Kellie Williams, Lauren Barros, Commissioner Michelle Blomquist, Judge Larry Jones, Dixie Jackson, Commissioner Josh Faulkner, Lisa Lokken, Adam Caldwell (by telephone), and Charlotte Meacham

Excused: Marci Keck, Judge Denise Lindberg, Stacie Schmidt, Christina Miller

Introductions: John welcomes everyone and introduces hew members Dixie Jackson and Commissioner Josh Faulkner.

Guest Speaker: John opens the floor to special guest, Judge Robert Hilder. Judge Hilder discusses his thoughts about creating an Early Intervention type program to deal with custody and parent-time, specifically, and divorce generally. The thought is that if there was early involvement in a contested case by a team of professionals many parent-time and custody disputes could be resolved in a shorter period of time, with less expense to the parties and the courts. Judge Hilder expresses that this type of early dialogue is not intended to get rid of the attorney's advocate role but designed to have better decisions made more quickly resulting in less financial and emotional impact on the family. Judge Hilder proposes that a position be created through the Administrative Offices of the Court to review and research the many different models that are out there being utilized by other states, determine the financial resources necessary to run an Early Intervention Program and create a definitive proposal for what should be implemented on a trial basis. This would really be feasibility and design study. Judge Hilder believes that the cost to take such action would be approximately $80,000 and believes that if there was a 20-25% commitment from outside resources the Judicial Council would fund the remainder. He reminded the committee that he is not acting in a fundraising role, but was inquiring as to whether the family law section thought that this was an important program to explore and whether the family law section would be willing to contribute anything financially. Judge Hilder excused himself and asked for some feedback. Discussion was had as to whether this was only a 3rd District issue, really another form of ADR with the Judge included in the negotiation, whether we should have a subcommittee to do the research, whether other committees which have approached these types of topics accomplished anything, whether anyone is actually going to come up with money to fund a study, whether anyone will come up with the money to implement the program. Judge Thomas also discussed the Standing Committee's desires to implement timeframes for completion of custody evaluations. Discussion was had as to whether this would already address some of the concerns Judge Hilder would like addressed, and whether this type of action actually kept the focus on the best interest of the children and whether more could be done. More discussion on balancing time frames, whose job it is to enforce times frames, etc. It was also discussed that custody evaluations were probably only a small percentage of the cases we are really talking about. A request was made to Judge Thomas to bring us his Committee's proposal in writing. A Motion to form a subcommittee was proposed, but received no second. John was authorized by Motion to discuss with Judge Hilder the Executive Committee's concerns over its limited budget, the length of time the Executive Committee discussed his proposal, and to request something in writing for us to consider more fully and address.

Subcommittee Reports:

Legislation - Sessions end this week and Stewart will send out a final count next week.

Annual Seminar - Scheduled for Friday May 1st. The subcommittee will be meeting after the Executive Committee to tie up some loose ends. There were six individuals nominated by the Board - Brenda Tieg, Louise Knauer, Nelda Bishop, Dixie Jackson, Adam Caldwell and Helen Christian. Angela motioned that the nominees be sent to the sections as whole for a vote by the section by a specific deadline. The Motion was seconded by Russ. John will send an e-mail to the section with a specific deadline for voting prior to the May seminar.

Monthly Seminars - Doug reported that he was having difficulty securing a time commitment from David Dodgion. However, Judge Thomas has agreed to speak in April if his calendar allows. Commissioner Arnett is already lined up for the fall.

AAML Request: It was requested that Dena inform the AAML that we would be willing to co-sponsor their event so that they can use our membership list. The AAML will need to discuss directly with the Bar whether the Bar will require a split of the proceeds. It was reported that the AAML has scheduled their yearly event at the Bar facilities.

Adjournment. There being no other business the meeting was adjourned until Wednesday, April 8, 2009.