1. CALL TO ORDER

President Jeffrey Portnoy called the meeting to order at 11:35 a.m. with a quorum present.  The following persons were present for all or part of the meeting:

Officers Present
Jeffrey Portnoy
Jeffrey Sia
Robert Godbey
Hugh Jones   

Directors Present
Nathan Aipa
Steven Chow
Geraldine Hasegawa
Louise Ing
Ronette Kawakami
Carol Kitaoka
Steven Songstad
Trudy Burns Stone
Suzanne Terada
Jodi Kimura Yi
Nichole Shimamoto

Board Members Absent
Roxann Bulman
Alfred Castillo 
Jackie Erickson
Gregory Frey
Janice Kim

 

Others Present
James Kawachika
Charles Kleintop
Catherine Levinson

 

HSBA Staff
Lyn Flanigan
Iris Ito
Debra White

Action taken:  A motion was made, seconded, and carried without opposition to delete the vote count in minutes of meetings held in executive session.  By consensus, the minutes of the special board meetings on January 16th and February 27th, and monthly board meeting on February 22nd were approved.

3. TREASURER’S REPORT – Treasurer Bob Godbey referred the Board to the written report included in the agenda.

4. COMMITTEE/REPRESENTATIVE REPORTS

a.   Legislation Committee - see agenda exhibit A. 

b.   Commission on Professionalism Proposal on Insurance Disclosure (see agenda item 4.d.) – Jeffrey Sia reported that the Board’s subcommittee will meet with Terence O’Toole subcommittee and will report back after they have met.

Mr. Sia stated that the subcommittee has also been asked to address the issue of the Professionalism Commission’s examination of the definition of “Of Counsel“ (see agenda item 7.b.).

c.   Consumer Protection Committee – Directors Trudy Burns Stone, Louise Ing, and Steven Songstad agreed to serve on an ad hoc committee to review the Consumer Protection Committee’s proposed definition of the “practice of law” in rule format and report back in June.

6. PRESIDENT’S REPORT

a.   Rule 17 Committee – President Portnoy reported that the committee will meet that afternoon and is being chaired by Paul Alston.  Will report back to Board in October.

b.   Hawaii “Idle” Lawyers – Tom Moffatt will host the November 16th fundraiser.  The HSBA Public Services Fund, under auspices of the Hawaii Justice Foundation, is this year’s beneficiary.

c.   Japan Trip in October – planning a program on jury selection. Anyone interested in joining President Portnoy should let him know by mid-May.  

d.   West Hawaii Bar Association Meeting – met with WHBA members on March 23rd.  Issue they are dealing with is trying to get a new Kona Courthouse.

e.      Possible Speaker – WHBA has arranged for former U.S. Attorney John McKay of Seattle to speak at an event they are planning in September.  McKay is willing to speak to HSBA members also, in conjunction with that trip or another time.  Ms. Flanigan will get more information from Margaret Masunaga.

f.        Possible Forum of Leaders in State re: Rule of Law – consider a program in September or October.

g.      Ninth Circuit Judicial Conference – coming up this July.  
 

7.  UNFINISHED BUSINESS

Meeting with Disciplinary Board Chair – At President Portnoy’s invitation, Disciplinary Board Chair Charles Kleintop was present to talk to the HSBA Board.  Mr. Kleintop stated that many controversial issues “are behind us.”  He explained the basic structure of and relationship between the DB, the ODC, and the Supreme Court.  He noted that the docketing standards have been streamlined and the number of cases in the system had been reduced from 600 cases four years ago to 300+ cases today.

After further discussion, President Portnoy asked Mr. Kleintop to appoint three DB members including himself to meet periodically with President Portnoy and two other HSBA Board members in an effort to continue discussions between the organizations.  Directors Ronette Kawakami and Steven Chow agreed to serve on this ad hoc committee with President Portnoy.

8. NEW BUSINESS

a.   HSBA Members on Supreme Court Commission on Professionalism  (see agenda item 7.a.)

b.   Review of “Of Counsel” Status (see agenda item 7.b. and item 4.b. of these minutes)

c.   Social Committee (see agenda item 7.c.) – Director Nathan Aipa announced that the first social is scheduled for early June at the Makai breezeway of the Dillingham Transportation Building and requested funding for this event to help get it started.  He stated that the plan is to charge a nominal fee for future socials.  

Action taken:  After discussion, a motion was made, seconded, and carried without opposition to fund $1,000 for the first HSBA social gathering targeted for June 6th.  Secretary Hugh Jones’s ad hoc committee will re-look at policy 8.4C which prohibits funding for these types of activities and make a recommendation to the Board on the policy.

d.   HSBA Pro Bono/Service Award (see agenda item 7.d.)

Secretary Jones and Directors Geraldine Hasegawa and Steven Chow agreed to serve on the ad hoc committee to nominate a deserving bar member for the HSBA Pro Bono/Service Award. 
 

9. POSITION ON JUDICIAL NOMINEE & EXECUTIVE APPOINTMENT

a.   Randal Valenciano - The HSBA Board of Directors met to discuss the HSBA's position on the appointment of Randal Valenciano to the Circuit Court of the Fifth Circuit.

Action taken:  After an interview and discussion, a motion was made, seconded, and carried to vote whether Randal Valenciano was “highly qualified,” “qualified,” or “not qualified” to serve as Circuit Court Judge of the Fifth Circuit.  The majority vote, by secret ballot, was “qualified.”

b.   Mark Bennett - The HSBA Board of Directors met to discuss the HSBA's position on the appointment of Mark Bennett as Attorney General for the State of Hawaii.

Action taken:  After an interview and discussion, a motion was made, seconded, and carried to vote whether Mark Bennett was “highly qualified,” “qualified,” or “not qualified” to serve as Attorney General of the State of Hawaii.  The majority vote, by secret ballot, was “highly qualified.”  Hugh Jones recused himself from the discussion and vote on Mr. Bennett.

10. ADJOURNMENT

The meeting adjourned at 2:45 p.m.