July 2004 Board Meetings
By Bonnie J. Glenn
The KCBA Board of Trustees met on July 21, 2004. The following is a summary of key actions taken at that meeting. Complete minutes of this and other Board meetings are available from the KCBA office.
KCBA Board Liaisons for 2004
President Cary handed out the Board Liaison assignments for 2004. President Cary discussed the importance of liaisons and said that trustees have a role to stay in touch and serve as a link between all of our sections and committees.
Court Funding Task Force
President Cary gave an overview of court funding and the role of the Board of Judicial Administration (BJA). The BJA Task Force concluded that there is not enough money for adequate court funding and there is a great need for systematic reform for efficiency. In addition, Bar Associations will also play a crucial role in the development of systematic changes to overcome our funding problems. Legislative proposals may come to the KCBA for input and review in the upcoming months.
ABA House of Delegates- Professional Liability Insurance Disclosure
Peter Ehrlichman, our KCBA American Bar Association delegate, gave a report and handed out an executive summary regarding the proposed Model Court Rule on Insurance Disclosure. The ABA Standing Committee on Client Protection has recommended that the ABA adopt the Model Court Rule on Insurance Disclosure.
The ABA Model Court Rule requires lawyers to disclose on their annual registration statements whether they maintain professional liability insurance. The rule places an affirmative duty upon lawyers to notify the highest court whenever the insurance policy covering the lawyer’s conduct lapses or is terminated.
The purpose of the Rule is to provide a potential client with access to relevant information related to lawyer’s representation in order to make an informed decision about whether to hire a particular lawyer. Peter provided information to the Board regarding this proposal and sought input prior to the August ABA meeting. Peter will attend the annual ABA Conference in Atlanta, Georgia in August.
KCBA Rules Committee- Streamlining Discovery
Trustee John Ruhl and Attorney Jennifer Shaw, co-chairs of the KCBA Judiciary and Courts Committee for 2003-2004, overviewed the committee’s recommendation for the streamlining of discovery. The Board is reviewing the committee’s proposal to limit the number of interrogatories, depositions, and the requirement for early mediation on various cases, by local rule. Washington State stands alone among the western states for having no limits in these areas with the exception of Idaho.
Guest speakers representing various bar organizations were present to provide oral comment regarding their positions on this topic. In addition, the Board reviewed the results of the KCBA Bar survey that was sent to our members on this issue. The comments received from our membership were positive on the whole and varied as to the specific number of interrogatories, depositions, and hours required before early mediation.
Currently the Board is reviewing the recommendations by the Judiciary and Courts Committee on streamlining discovery. If approved, the Board will forward the proposal to the Court Rules Committee, which is chaired by King County Superior Court Judge Helen Halpert.
Drug Policy Project (DPP)
The criminal sanctions report was completed and concluded that the war on drugs was ineffective to address what is in essence a public health issue. The report indicates that state actions and remedies should be used to reduce the cause of drugs. The next step of the project is to propose a resolution to the state legislature to regulate our drug laws.
The DPP will issue the following reports in the next upcoming months:
- August 4, 2004--Drug control and Youth Issues
- August 18, 2004--International Drug Policy Trends
- September 1, 2004--History of US Drug Control/Cultural Context of Drugs in US
- September 15, 2004--States Rights and the Federalism of Drug Policy
- October 20, 2004--Current and Alternative Drug Control Models.
The DPP is a national leader in this area. As such, the DPP will look at challenging the federal limitations on people who have had a drug history to include the denial of federal financial aid.
Please contact Roger Goodman or Mark Aoki-Fordham for more information on the Drug Policy Project.
Bonnie J. Glenn is KCBA Secretary/Trustee. Ms. Glenn is a Senior Deputy Prosecuting Attorney at the King County Prosecuting Attorney’s Office. She can be reached at (206) 296-9035 or at bonnie.glenn@metrokc.gov.
