June 2007 Minutes
June 13, 2007
There was a conference call of the Trial and Appellate Advocacy Section Council on Wednesday, June 13, 2007, at 9:00 a.m.
Members Participating (6)
Hervery Young, Chair
Salley Elliott
Greg Forman
Richard Hricik
Justin Lucey
Ray Moore
Others Participating (1)
Lance Boozer
Bar Staff Participating (1)
Carey Way
CALL TO ORDER: Mr. Young called the meeting to order and stated he would not be available to participate during the entire call due to an unexpected court conflict. He asked Mr. Lucey to take over presiding when need be.
MINUTES: Mr. Young asked for approval of the April 11, 2007, and May 9, 2007, minutes. Ms. Elliott made a motion for approval. The motion was seconded, and the minutes were unanimously approved.
OLD BUSINESS:
A. Report on status of survey subcommittee: Mr. Lucey reported that appellate rules for 12 states had been studied and none require a petition for rehearing prior to filing a petition for certiorari. He stated he had before him Rules studied for Alabama, Colorado, Tennessee, Georgia, Virginia and some other states. Some appellate rules clearly state that a petition for rehearing is not required, and some suggest it by implication. South Carolina appears to be the only one of the 13 states requiring a motion for rehearing prior to filing a petition for certiorari. He proposed to research another 8 states, and if the pattern was the same, he would contact a law professor. Ms. Way reminded council that this matter would need to go before the House of Delegates, perhaps at the January 2008 meeting. Mr. Lucey stated the sub-committee would need to check with other sections to garner support before going before the House of Delegates.
B. Legislative Report: Mr. Lucey stated he had made inquiries of any legislation affecting litigation rights. He reported the legislation had been tied up with revamping Department of Transportation matters and nothing had passed relating to litigation (tort reform). Mr. Lucey asked Mr. Hricik to handle legislative reporting in the future, and he agreed.
C. Update report on co-sponsoring CLE with SC Bar and SC Association of Certified Public Accountants: Mr. Young reported that subsequent to the last meeting, Terry Burnett advised the following:
1. Utilization of CLE to do a Web or teleconference at later date: Roger Dodd’s office agreed to taping, but Mr. Dodd wants $50 per head whenever it is shown. Mr. Dodd does not want it active on the internet for more than 6 months. Staff would inform Mr. Burnett if taping is still desired.
2. Reception: The Association of Certified Public Accountants will arrange the reception but indicated they would be happy to work with the Section staff liaison if desired.
During discussion, questions were posed as to who would take care of tracking monies when the tape is shown, what the registration cost will be, and what was the average web cast cost. Mr. Young stated he thought the Bar would be responsible for managing the money and asked Ms. Way to find out the registration charge as well as the average web cast cost and report back at the next meeting.
Mr. Young stated working with the Association of CPA’s on a reception was not the intent of the Section in that it was interested in primarily sponsoring a reception for the Section members. It was determined the Section would pursue organizing a spring social.
Ms. Way stated per Mr. Burnett that Roger Dodd had agreed to do an extra hour (4 hours of presentation) but that he wants $1,000 extra. This information had been passed along by Mr. Burnett to the Association of Certified Public Accountants for a decision.
Ms. Way stated the Section’s balance as of May 31, 2007, was $20,479.15.
D. Update report on organization of spring social in central location â€" Columbia:
Ms. Elliott reported she had checked on various locations. The least expensive would be the Clarion Townhouse on Gervais. Room/terrace use there would be $24.50 per person (including hors d’oeuvres). There would be an open bar fee on top of that amount. Ms. Elliott estimated with 150 attending, an open bar cost would be approximately $5,000 (including 2 drinks per person). Friday dates of 7/20, 7/27, and 8/3 and the time of 6:00 p.m. to 8:00/9:00 p.m. was discussed. It was mentioned planning for the summer might conflict with vacation schedules and the idea of holding the social in conjunction with a home football game was discussed. Mr. Lucey proposed 1) council approving the $5,000 anticipated cost (subject to Mr. Young’s approval following the meeting constituting a quorum vote); and 2) Ms. Elliott would check on the use of the McCutcheon House and game dates and she would send out an email. Council unanimously agreed with the matter to be revisited in a month or so. Ms. Elliott graciously agreed to continue organizing this event even though her tenure on council would be expiring.
E. Update report on 2008 SC Bar Convention CLE/Civil Law Update: Mr. Lucey reported things were on track with coordinating this with Mike Kelly and that he would email progress later this month.
NEW BUSINESS:
A. Defending Abuse/Neglect Cases CLE: The May minutes indicated this matter would be placed on the agenda for the June meeting. Mr. Forman stated he was organizing a CLE with the SC Bar on Abuse/Neglect Cases for August 10, 2007. He stated he would email the CLE agenda/speakers and his request for the Section to subsidize. He reported the CLE would be videoed and online. He stated there were plenty of CLEs on representing children but none on representing parents. He stated the Bar Foundation was contributing $2,000 in funds, the cost was being kept as low as possible with the registration fee being $135, and the CLE was being run by the CLE Division. His request from the Section was $5,000 but stated he would agree to $2,000. He stated he would ask for a $50 discount for the first 100 Section members applying. Following discussion it was determined Ms. Way would send out an email asking for a quorum vote by the end of the week.
B. Ex Officio Council Member(s): Two new council members were appointed following an email vote in May, 2007. Ms. Way reported Ms. Elliott and Mr. Forman’s terms were expiring and thanked them for their service on council. Ms. Elliott agreed to continue to work on the social, and Mr. Forman agreed to keep council updated as to the August CLE. This was unanimously approved. Ms. Way stated she would email the 07-08 slate to council members, and if there were any changes, members should please advise her immediately for printing purposes.
C. Bar Web Site Update: Ms. Way reported the 05-06 goals and minutes had been removed and the 07-08 goals and March 14, 2007, minutes had been posted. She stated the Trial and Appellate Advocacy Award remained on the site and that the 07-08 slate would be posted as well as updated Section Council information.
D. SC Bar Radio Segment Request: Mr. Young requested that anyone willing to contribute to please pass on that willingness via email.
E. 2007-2008 Section Goals (copy attached to agenda). Mr. Lucey asked Ms. Way to evaluate the extent to which the Council was keeping on target with this.
NEXT MEETING: The next meeting would be a conference call on July 11, 2007, at 9:00 a.m.
ADJOURNMENT: There being no further business, the meeting was adjourned.
There was a conference call of the Trial and Appellate Advocacy Section Council on Wednesday, June 13, 2007, at 9:00 a.m.
Members Participating (6)
Hervery Young, Chair
Salley Elliott
Greg Forman
Richard Hricik
Justin Lucey
Ray Moore
Others Participating (1)
Lance Boozer
Bar Staff Participating (1)
Carey Way
CALL TO ORDER: Mr. Young called the meeting to order and stated he would not be available to participate during the entire call due to an unexpected court conflict. He asked Mr. Lucey to take over presiding when need be.
MINUTES: Mr. Young asked for approval of the April 11, 2007, and May 9, 2007, minutes. Ms. Elliott made a motion for approval. The motion was seconded, and the minutes were unanimously approved.
OLD BUSINESS:
A. Report on status of survey subcommittee: Mr. Lucey reported that appellate rules for 12 states had been studied and none require a petition for rehearing prior to filing a petition for certiorari. He stated he had before him Rules studied for Alabama, Colorado, Tennessee, Georgia, Virginia and some other states. Some appellate rules clearly state that a petition for rehearing is not required, and some suggest it by implication. South Carolina appears to be the only one of the 13 states requiring a motion for rehearing prior to filing a petition for certiorari. He proposed to research another 8 states, and if the pattern was the same, he would contact a law professor. Ms. Way reminded council that this matter would need to go before the House of Delegates, perhaps at the January 2008 meeting. Mr. Lucey stated the sub-committee would need to check with other sections to garner support before going before the House of Delegates.
B. Legislative Report: Mr. Lucey stated he had made inquiries of any legislation affecting litigation rights. He reported the legislation had been tied up with revamping Department of Transportation matters and nothing had passed relating to litigation (tort reform). Mr. Lucey asked Mr. Hricik to handle legislative reporting in the future, and he agreed.
C. Update report on co-sponsoring CLE with SC Bar and SC Association of Certified Public Accountants: Mr. Young reported that subsequent to the last meeting, Terry Burnett advised the following:
1. Utilization of CLE to do a Web or teleconference at later date: Roger Dodd’s office agreed to taping, but Mr. Dodd wants $50 per head whenever it is shown. Mr. Dodd does not want it active on the internet for more than 6 months. Staff would inform Mr. Burnett if taping is still desired.
2. Reception: The Association of Certified Public Accountants will arrange the reception but indicated they would be happy to work with the Section staff liaison if desired.
During discussion, questions were posed as to who would take care of tracking monies when the tape is shown, what the registration cost will be, and what was the average web cast cost. Mr. Young stated he thought the Bar would be responsible for managing the money and asked Ms. Way to find out the registration charge as well as the average web cast cost and report back at the next meeting.
Mr. Young stated working with the Association of CPA’s on a reception was not the intent of the Section in that it was interested in primarily sponsoring a reception for the Section members. It was determined the Section would pursue organizing a spring social.
Ms. Way stated per Mr. Burnett that Roger Dodd had agreed to do an extra hour (4 hours of presentation) but that he wants $1,000 extra. This information had been passed along by Mr. Burnett to the Association of Certified Public Accountants for a decision.
Ms. Way stated the Section’s balance as of May 31, 2007, was $20,479.15.
D. Update report on organization of spring social in central location â€" Columbia:
Ms. Elliott reported she had checked on various locations. The least expensive would be the Clarion Townhouse on Gervais. Room/terrace use there would be $24.50 per person (including hors d’oeuvres). There would be an open bar fee on top of that amount. Ms. Elliott estimated with 150 attending, an open bar cost would be approximately $5,000 (including 2 drinks per person). Friday dates of 7/20, 7/27, and 8/3 and the time of 6:00 p.m. to 8:00/9:00 p.m. was discussed. It was mentioned planning for the summer might conflict with vacation schedules and the idea of holding the social in conjunction with a home football game was discussed. Mr. Lucey proposed 1) council approving the $5,000 anticipated cost (subject to Mr. Young’s approval following the meeting constituting a quorum vote); and 2) Ms. Elliott would check on the use of the McCutcheon House and game dates and she would send out an email. Council unanimously agreed with the matter to be revisited in a month or so. Ms. Elliott graciously agreed to continue organizing this event even though her tenure on council would be expiring.
E. Update report on 2008 SC Bar Convention CLE/Civil Law Update: Mr. Lucey reported things were on track with coordinating this with Mike Kelly and that he would email progress later this month.
NEW BUSINESS:
A. Defending Abuse/Neglect Cases CLE: The May minutes indicated this matter would be placed on the agenda for the June meeting. Mr. Forman stated he was organizing a CLE with the SC Bar on Abuse/Neglect Cases for August 10, 2007. He stated he would email the CLE agenda/speakers and his request for the Section to subsidize. He reported the CLE would be videoed and online. He stated there were plenty of CLEs on representing children but none on representing parents. He stated the Bar Foundation was contributing $2,000 in funds, the cost was being kept as low as possible with the registration fee being $135, and the CLE was being run by the CLE Division. His request from the Section was $5,000 but stated he would agree to $2,000. He stated he would ask for a $50 discount for the first 100 Section members applying. Following discussion it was determined Ms. Way would send out an email asking for a quorum vote by the end of the week.
B. Ex Officio Council Member(s): Two new council members were appointed following an email vote in May, 2007. Ms. Way reported Ms. Elliott and Mr. Forman’s terms were expiring and thanked them for their service on council. Ms. Elliott agreed to continue to work on the social, and Mr. Forman agreed to keep council updated as to the August CLE. This was unanimously approved. Ms. Way stated she would email the 07-08 slate to council members, and if there were any changes, members should please advise her immediately for printing purposes.
C. Bar Web Site Update: Ms. Way reported the 05-06 goals and minutes had been removed and the 07-08 goals and March 14, 2007, minutes had been posted. She stated the Trial and Appellate Advocacy Award remained on the site and that the 07-08 slate would be posted as well as updated Section Council information.
D. SC Bar Radio Segment Request: Mr. Young requested that anyone willing to contribute to please pass on that willingness via email.
E. 2007-2008 Section Goals (copy attached to agenda). Mr. Lucey asked Ms. Way to evaluate the extent to which the Council was keeping on target with this.
NEXT MEETING: The next meeting would be a conference call on July 11, 2007, at 9:00 a.m.
ADJOURNMENT: There being no further business, the meeting was adjourned.