Minutes of the November 1, 2010 Executive Committee Meeting

In Attendance: A quorum was present. Brad Stark, Alan Coxie, Cindy Holman, Bill Christy, Ingrid Friesen, Jason Peltz, James Ellis, Doug Tate, Tikkun Gottschalk and Mae Creadick.

Approval of Minutes: Minutes from the October 4, 2010 meeting were reviewed. Mr. Tate moved to approve the minutes. Ms. Holman seconded, and the motion carried unanimously.

Treasurer’s Report: Ms. Justus was not present. Ms. Friesen inquired about the Home Trust account, and agreed to contact the bank with questions regarding these accounts. Mr. Christy reported that Ms. Justus informed him via email that we are on track with the budget. Any questions from the Executive Committee can be directed to Ms. Justus by email.

Committee Reports: CLE Committee: Ms. Creadick reported that there was good turn-out for our co-sponsored CLE with Pisgah Legal Services on Debtor Rights. The committee is planning a second co-sponsored CLE on Landlord-Tenant law in early February, 2011.

Finance Committee: Mr. Christy reported that the WCCJ is requesting $500 for “Cut the Risk” which benefits the Women at Risk program. Mr. Christy decided the finance committee will look into the funding for this request and vote via email. Several EC members spoke in support of Bar sponsorship for Women at Risk.

Communications Committee: Ms. Holman requested that EC members keep people aware of Bar Briefs. If anyone has an article, let her or Ms. Hall know. Ms. Holman reported that Ms. Hall is doing a good job with the Bar Briefs.

Special Events Committee: Mr. Coxie presented a spread-sheet of 2009 and 2010 donors for the Bar holiday party. He stated that Ms. Hall reports we are on track for fundraising for this event. Ms. Friesen agreed to make a contact for a donation. Several other EC members are already making contacts to potential donors.

Pro Bono Committee: Mr. Ellis reported that Mr. Gottschalk has agreed to take over as chair of this committee. This would leave a vacancy on the Executive Committee for a member under age 36. Mr. Gottschalk has created a roster of members including James Ellis, Toni Grace, Andrew Parker, Dale Curriden, Rendi Mann-Stadt, Bill Whalen, Jim Barrett, Garrett Artz, Ellen Rose, and Anna Mills (to join in July 2011). The EC asked that Mr. Ellis remain Chair of the Pro Bono Committee until June 2010, when Mr. Gottschalk will take over, thereby leaving no vacancy on the EC. Mr. Tate moved to appoint Mr. Gottschalk at the end of his EC tenure in June. Ms. Creadick seconded, and the motion carried unanimously. The EC agreed James Ellis will be recognized at the annual meeting for his service to the Pro Bono Committee.

Nominating Committee: There was nothing to report.

Real Estate Exploratory Committee: There was nothing to report.

New Business: Bar Luncheons Mr. Tate reported that he has lined up a presentation from The Innocence Project for an upcoming Bar lunch.

Memorial Service Mr. Stark reported that the EC is planning a memorial service in May 2011. Currently his committee is compiling a list of people who could make speeches. Invitations will likely go out in March.

District Court Judicial Nominations Mr. Christy along with Mr. Tate and Mr. Peltz reviewed the procedure for District Court Judge nominations in the event that Judge Marvin Pope is elected to Superior Court Judge, leaving his current District Court seat vacant. Mr. Christy has decided to follow the 28th JDB by- laws, which authorize him to give 15 days notice by mail to the entire Bar of a meeting to select 3 candidates for judge. Any attorney who desires to run shall notify Mr. Christy in writing that they wish to be considered. The EC agreed that one letter per law firm would be sufficient. The EC discussed holding this meeting in early December.

Buncombe County Bar Association Mr. Christy reported that Ms. Creadick reviewed notes from old EC meetings. Past committees discussed the Buncombe County Bar Association and decided not to proceed. Ms. Creadick agreed to attach her email to Mr. Christy on this subject to these minutes. At this time, the EC is not pursuing further development of the Bar Association. Email from Ms. Creadick to Mr. Christy 10/5/10: Hi Bill: This is what I’ve been able to unearth about the Bar Association: 8.25.05 minutes: “Bob asked Vince Childress to chair a committee to form the Buncombe County Bar Assoc. Bob’s view is that with ~ 600 members our Bar needs to form a Bar Assoc to create more infrastructure/support and clarify the spending of money; the current Bar is a subdivision of the State Bar and therefore its use of funds is restricted.” 1.25.06 minutes: “Buncombe County Bar Assoc formed. Division of duties, whether to have duplicate boards and officers, funding, and other related matters concerning the relationship between the District Bar and the Association will need to be discussed at the retreat.” 2.22.06 minutes: “Retreat/Long-Range Planning Report … (Speaker) Mary Howerton, former director of Mecklenburg County Bar … (explained that their Bar) chose not to bifurcate into a bar and bar association. Rather, that group decided to separate its activities into those that could be funded under State Bar regulations, and those that could not. … the Bar could sponsor all events but would obtain funding through outside sources for events that could not be supported by involuntary dues … The options facing our Bar appear to be: (1) retain (current) structure … but distinguish between activities that can be funded through involuntary dues and those that cannot … or (2) use the newly created Buncombe County Bar Association for the organization and sponsorship of activities that cannot be funded with involuntary dues.” My recollection of this discussion is that the EC was leaning towards option #1. Bill Whalen tells me that during his 2006-2007 tenure, the EC was not ready to take on the task of creating and maintaining a second entity. We had an account named after the newly formed association, but then later changed it to the “non-dues account.” 1.24.07 minutes: “Mary reported that the Buncombe County Bar Association account has been renamed as the non-dues account.” Please let me know if you’d like me to investigate further. Hanging Judge Portraits Ms. Friesen reported that she and Ms. Hall are following up with Mr. Gantt regarding the hanging of Judge Payne’s portrait. The EC reviewed our policy on hanging portraits which has been in place since before Judge Payne retired, and agreed that our policy is reasonable. The committee agreed to hold off on hanging Judge Payne’s portrait until the judge’s chambers has been relocated.

Next Meeting:

The next regular EC meeting will be on December 6, 2010 at 12:30 in Pisgah Legal Services conference room.

There being no further information coming before the Committee, the meeting was adjourned. These minutes are respectfully submitted on the ___ day of ______, 20__.

______M. Mae Creadick