Minutes May 2007
TRIAL & APPELLATE ADVOCACY SECTION COUNCIL MINUTES
May 9, 2007
There was a conference call of the Trial & Appellate Advocacy Section Council on Wednesday, May 9, 2007, at 9:00 a.m.
Members Participating (4)
Hervery Young, Chair
Derwin Brannon
Salley Elliott
Justin Lucey
Members Not Participating (6)
Jacqueline Austin
David Cobb
Gregory Forman
E. Vernon Glenn
Richard Hricik
Ray Moore
J. Chris Wilson *
Others Participating (1)
Lance Boozer
Bar Staff Participating (1)
Carey Way
*J. Christopher Wilson resigned by correspondence dated April 20, 2007 (copy attached).
CALL TO ORDER: Mr. Young called the meeting to order although there was not a quorum participating.
MINUTES: There was no opposition to Mr. Young’s motion for the April 11, 2007, minutes to be approved during the next conference call.
OLD BUSINESS:
A. Report on status of survey subcommittee: The subcommittee continued to work toward analyzing the type and number of cases handled by Section members in order to determine what issues the survey respondents would like to see addressed. Mr. Lucey stated he would check other jurisdictions to see whether a Motion to Reconsider is required; and depending on that outcome, contact a Law School Civil Procedure professor this summer to discuss the proposed change. After that, check with other Sections to garner support, and the matter would eventually go to the Court (if the proposed change was adequately supported). Mr. Lucey agreed to provide an initial sampling of Motion to Reconsider Rules in other jurisdictions by the next meeting date. There was no objection to the motion to that this matter be carried over to the next meeting.
B. Legislative Report: Mr. Lucey reported he had been informed by Ms. Way the South Carolina Bar would be providing a “weekly update” style page that would be available to members next session (January 2008). He stated he had also been provided with a Statehouse web site address. He reported he attempted to log updates and review a number of bills pending. Most had been referred to Committees and were not actively being considered which included: .07 increase in cigarette tax, names for bridges, and bicycle safety.
C. Update report on co-Sponsoring CLE with South Carolina Bar and the South Carolina Association of Certified Public Accountants.
· litigation conference Sept. 21-22, 2007 at Kiawah Island/focus: computer forensics and federal rules of civil procedure in ESI cases.
· utilization of CLE to do a Web or teleconference at later date
· sponsoring reception
Mr. Young reported he was waiting on information from Mr. Burnette as to whether the Association of Certified Public Accountants would allow the Section to sponsor a reception and for keynote speaker Roger Dodd’s response as to utilizing part of the CLE to do a Web or teleconference at a later date under agreement whereby the Section would not pay royalties and/or licensing fees. Ms. Way stated she had emailed Mr. Burnette and would follow-up with him again.
D. Update on Spring Socials:
Upstate: Jacqueline Austin
Midlands: Salley Elliott
Pee Dee/Coastal: Hervery Young
Lowcountry: Vernon Glenn
Ms. Elliott and Mr. Young reported they had done some checking, and Ms. Elliott stated she was having difficulty finding a location in the price range discussed. There was some discussion as to possible use of Florence College, Francis Marion’s cottage, a USC facility, and a church in W. Columbia’s community center. After limited discussion, a state-wide social was discussed with Columbia being a central location. urther, depending on the evening decided, an estimate would be 100-150. Mr. Young stated he would get input from all members outside Columbia whether or not they would travel to attend. Ms. Elliott stated she would check on cost/availability and report back.
E. 2008 SC Bar Convention CLE:
· Civil Law Update
· CLE with Elder Law Section
Mr. Young reported that he had been discussing with Mike Kelly and Mr. Burnett regarding co-sponsoring a civil law update. Mr. Kelly agreed to partner with the Section and spearhead the initiative. A decision would be made as to interaction on CLE, including presentation and other matters.
Mr. Young reported others had requested partnering up with the Section, including the Elder Law Committee and the Young Lawyer’s Division. That discussion would be included on the agenda for the next meeting.
Mr. Young was in the process of completing the required “Election to Conduct” form.
NEW BUSINESS:
A. Vote on Slate for 2007-2008
Mr. Boozer, Assistant Attorney General and associate of Ms. Elliott, indicated he was interested in serving. Ms. Way mentioned a Mr. Wlodarczyk had made contact indicating his desire to serve on the Section. It was determined Ms. Way would follow-up with Mr. Wlodarczyk and see if he would be interested in serving as a Council member. (Subsequent to the meeting, Mr. Wlodarcyzk indicated he would like to serve if approved. An email was forwarded to all Council Members on May 9, 2007, requested approval or disapproval of Mr. Boozer and Mr. Wlodarczk. Mr. Hricik and Ms. Austin forwarded approvals and with the approvals given during the conference call by Mr. Young, Mr. Lucey, Ms. Elliottt, and Mr. Brannon this constitutes a quorum.) The slate is as follows:
CHAIRPERSON
Justin Lucey
CHAIRPERSON-ELECT
Derwin T. Brannon
VICE-CHAIRPERSON
E. Vernon Glenn
SECRETARY
Jacquelyn Austin
SECTION DELEGATE & IMMEDIATE PAST CHAIRPERSON
Hervery Young
Council Members:
Lance S. Boozer (expires 2010)
Raymond “Ray” Moore III (expires 2008)
Damon C. Wlodarczyk (expires 2010)
David S. Cobb (expires 2009)
Richard A. Hricik (expires 2009)
Michael Meetze (expires 2010)
B. Defending Abuse/Neglect Cases CLE – Mr. Forman had a court conflict and was unable to participate. This would be placed on agenda for the next meeting.
C. SC BAR WEB SITE: Ms. Way reported she would be updating the Bar web site with current minutes and goals.
NEXT MEETING: The next meeting would be a conference call on June 13, 2007, at 9:00 a.m.
ADJOURNMENT: There being no further business, the meeting was adjourned.
May 9, 2007
There was a conference call of the Trial & Appellate Advocacy Section Council on Wednesday, May 9, 2007, at 9:00 a.m.
Members Participating (4)
Hervery Young, Chair
Derwin Brannon
Salley Elliott
Justin Lucey
Members Not Participating (6)
Jacqueline Austin
David Cobb
Gregory Forman
E. Vernon Glenn
Richard Hricik
Ray Moore
J. Chris Wilson *
Others Participating (1)
Lance Boozer
Bar Staff Participating (1)
Carey Way
*J. Christopher Wilson resigned by correspondence dated April 20, 2007 (copy attached).
CALL TO ORDER: Mr. Young called the meeting to order although there was not a quorum participating.
MINUTES: There was no opposition to Mr. Young’s motion for the April 11, 2007, minutes to be approved during the next conference call.
OLD BUSINESS:
A. Report on status of survey subcommittee: The subcommittee continued to work toward analyzing the type and number of cases handled by Section members in order to determine what issues the survey respondents would like to see addressed. Mr. Lucey stated he would check other jurisdictions to see whether a Motion to Reconsider is required; and depending on that outcome, contact a Law School Civil Procedure professor this summer to discuss the proposed change. After that, check with other Sections to garner support, and the matter would eventually go to the Court (if the proposed change was adequately supported). Mr. Lucey agreed to provide an initial sampling of Motion to Reconsider Rules in other jurisdictions by the next meeting date. There was no objection to the motion to that this matter be carried over to the next meeting.
B. Legislative Report: Mr. Lucey reported he had been informed by Ms. Way the South Carolina Bar would be providing a “weekly update” style page that would be available to members next session (January 2008). He stated he had also been provided with a Statehouse web site address. He reported he attempted to log updates and review a number of bills pending. Most had been referred to Committees and were not actively being considered which included: .07 increase in cigarette tax, names for bridges, and bicycle safety.
C. Update report on co-Sponsoring CLE with South Carolina Bar and the South Carolina Association of Certified Public Accountants.
· litigation conference Sept. 21-22, 2007 at Kiawah Island/focus: computer forensics and federal rules of civil procedure in ESI cases.
· utilization of CLE to do a Web or teleconference at later date
· sponsoring reception
Mr. Young reported he was waiting on information from Mr. Burnette as to whether the Association of Certified Public Accountants would allow the Section to sponsor a reception and for keynote speaker Roger Dodd’s response as to utilizing part of the CLE to do a Web or teleconference at a later date under agreement whereby the Section would not pay royalties and/or licensing fees. Ms. Way stated she had emailed Mr. Burnette and would follow-up with him again.
D. Update on Spring Socials:
Upstate: Jacqueline Austin
Midlands: Salley Elliott
Pee Dee/Coastal: Hervery Young
Lowcountry: Vernon Glenn
Ms. Elliott and Mr. Young reported they had done some checking, and Ms. Elliott stated she was having difficulty finding a location in the price range discussed. There was some discussion as to possible use of Florence College, Francis Marion’s cottage, a USC facility, and a church in W. Columbia’s community center. After limited discussion, a state-wide social was discussed with Columbia being a central location. urther, depending on the evening decided, an estimate would be 100-150. Mr. Young stated he would get input from all members outside Columbia whether or not they would travel to attend. Ms. Elliott stated she would check on cost/availability and report back.
E. 2008 SC Bar Convention CLE:
· Civil Law Update
· CLE with Elder Law Section
Mr. Young reported that he had been discussing with Mike Kelly and Mr. Burnett regarding co-sponsoring a civil law update. Mr. Kelly agreed to partner with the Section and spearhead the initiative. A decision would be made as to interaction on CLE, including presentation and other matters.
Mr. Young reported others had requested partnering up with the Section, including the Elder Law Committee and the Young Lawyer’s Division. That discussion would be included on the agenda for the next meeting.
Mr. Young was in the process of completing the required “Election to Conduct” form.
NEW BUSINESS:
A. Vote on Slate for 2007-2008
Mr. Boozer, Assistant Attorney General and associate of Ms. Elliott, indicated he was interested in serving. Ms. Way mentioned a Mr. Wlodarczyk had made contact indicating his desire to serve on the Section. It was determined Ms. Way would follow-up with Mr. Wlodarczyk and see if he would be interested in serving as a Council member. (Subsequent to the meeting, Mr. Wlodarcyzk indicated he would like to serve if approved. An email was forwarded to all Council Members on May 9, 2007, requested approval or disapproval of Mr. Boozer and Mr. Wlodarczk. Mr. Hricik and Ms. Austin forwarded approvals and with the approvals given during the conference call by Mr. Young, Mr. Lucey, Ms. Elliottt, and Mr. Brannon this constitutes a quorum.) The slate is as follows:
CHAIRPERSON
Justin Lucey
CHAIRPERSON-ELECT
Derwin T. Brannon
VICE-CHAIRPERSON
E. Vernon Glenn
SECRETARY
Jacquelyn Austin
SECTION DELEGATE & IMMEDIATE PAST CHAIRPERSON
Hervery Young
Council Members:
Lance S. Boozer (expires 2010)
Raymond “Ray” Moore III (expires 2008)
Damon C. Wlodarczyk (expires 2010)
David S. Cobb (expires 2009)
Richard A. Hricik (expires 2009)
Michael Meetze (expires 2010)
B. Defending Abuse/Neglect Cases CLE – Mr. Forman had a court conflict and was unable to participate. This would be placed on agenda for the next meeting.
C. SC BAR WEB SITE: Ms. Way reported she would be updating the Bar web site with current minutes and goals.
NEXT MEETING: The next meeting would be a conference call on June 13, 2007, at 9:00 a.m.
ADJOURNMENT: There being no further business, the meeting was adjourned.