Family Law Section

Minutes November 12, 2002

In Attendance:

• Commissioner Susan Bradford
• Helen Christian
• Karma Dixon
• Steve Gunn
• Commissioner Scott Hadley
• Brent Johns
• Marcie Keck
• Louise Knauer
• Howard Lundgren
• Russ Minas
• Stewart Ralphs
• Kellie Williams

Excused:

1. Minutes. Howard moved for adoption of the October minutes. Marcie seconded the motion. It passed unanimously.

2. Budget/Section Finances. Louise reported about her conversation with Arnold regarding the funds for the Section. Twenty percent of the fees are retained by the Bar for the services that they provide such as accounting, CLE attendance, web assistance, maintenance of lists. In 1998, the Section had $8,000 in the account. In the 1999-2000 year, the cost of food and beverage went up, but revenue for the annual seminar dropped. In 2001, $8,600 was spent on food and beverage. In addition, that was the year the Section sent the Chair to the ABA meeting. The Section had donated to the “And Justice For All” campaign in 2000.

Kellie moved to have Louise obtain information regarding the profit/loss and meeting revenue for the annual meetings. She requested information on attendance and whether that had decreased. Marcie recommended that the cards announcing the seminars and meetings be sent earlier.

3. Holiday Party. We have made efforts to spend less on the catering this year. Marcie and Kellie indicated that we should discontinue or limit the purchase of beer because it does not get consumed. Stewart reiterated his feelings that the holiday party is an important opportunity for people to socialize with others in the Section and that the Executive Committee should encourage people to come and insure that those who do feel welcome and part of the section. Court personnel, judges, clerks and Commissioners should all be invited.

Subcommittees

a. CLE. Kellie and Karma have attempted to coordinate. Nothing has been decided.

b. Legislative Committee. Several pieces of legislation are of import to the Section this year. There is a proposal that would allow for an abatement of child support for periods shorter than 25 days. That is to accommodate year-round schools.

There is a proposal to make joint custody in all divorce cases a presumption. Marcie indicated that she thought California had tried that at one point and found it was unworkable so they had rescinded that provision in their law. Marcie said she would see if she could find anything. The Executive Committee agreed that the proposal is a serious problem if there is not a law to amend the support statutes that would work with the proposal. Karma reported on a few of the ORS proposals for legislation.

c. Annual Seminar. The Sub-Committee reported that the theme for the annual seminar would be “Ethical Conduct in a pro se world”. The Office of Bar Counsel would discuss the pitfalls of dealing with pro se. litigants. Terry Cathcart would do his annual report on caselaw. There would be a mediator panel regarding mediation with one side unrepresented. There will be a panel of judges regarding the problems they see. There will be a session of “Hero Lawyers” in role plays of dealing with pro se.

Stewart mentioned that Legal Aid may look at a pro se assistance program in reallocation of their funding. In 60% of all cases, one side is pro se.

d. Child and Family Law Standing Committee. There is a subcommittee looking at the possibility of opening the juvenile courts and files. Minnesota reported to the Standing Committee on the success they have experienced with opening their courts.

There is also a proposal from the custody evaluations subcommittee.

e. Annual Bar meeting. Kellie indicated that the Annual Bar Meeting will allow us three times for presentations. The Judge’s meeting is not concurrent with it now so the judges are not as readily available. The Boards of Judges will be there, however. The judges have $400 that is available for use in CLE. Louise asked if there is any problem with the Section paying the judges.

f. Web Site.
Russ Minas was added to the Web site subcommittee.

g. Membership. Adam Caldwell was nominated to serve as the representative from the 5th District area. Karma moved for approval. Russ seconded. The motion passed unanimously.

h. Procedural Rule Changes.
A draft is to be given to members of the changes.

4. Meeting times. In January, the meeting times moves to Wednesdays. That will be January 8, February 12, and March 12.

5. Other Business. The Peace House Center for Domestic Violence from Park City has asked to attend our next meeting.

Kellie indicated that Gaye Schmidt has been invited to the judge’s meeting to address the issue about temporary restraining orders. Kellie will also attend.