HAWAII STATE BAR ASSOCIATION
1132 Bishop Street, Suite 906
Honolulu, HI 96813
Thursday, August 28, 2008, 1:30 p.m.
1. CALL TO ORDER
President Jeffrey Sia called the meeting to order at 1:37 p.m. with a quorum present. The following persons were present for all or part of the meeting:
Rai Saint Chu
Craig DeCosta (by phone)
Louise Ing (by phone)
Hugh Jones (by phone)
Board Members Absent
P. Gregory Frey
2. PRESENTATION OF ANNUAL FUNDRAISER PROCEEDS - President Sia presented the proceeds of HSBA’s annual fundraiser dinner to Walter Kirimitsu accepting on behalf of co-beneficiary Friends of the Specialty Courts and to James Kawachika accepting on behalf of co-beneficiary Hawaii Justice Foundation. Both recipients thanked the HSBA for its contribution and support of their organization. The remaining proceeds went to the HSBA Public Services Fund and were accepted by YLD President Jill Hasegawa.
3. APPROVAL OF MINUTES – Minutes of the July 24th board meeting were approved by consensus.
4. TREASURER’S REPORT – Treasurer Douglas Moore reported that HSBA is presently ahead of budget. He also noted that the Finance Committee met once on the proposed 2009 budget and would meet again in September before the Board votes on it. He brought to the Board’s attention the policy consideration of funding a full-time position for MCLE. See item 8.a. for more discussion on the 2009 payroll budget.
The Board also discussed the new agreement for a third party (Grass Shack Productions) to take over production and distribution of the bar directory. Some board members expressed concern over the possibility of loss of income by turning it over to a third party and privacy issues if the third party had access to member information. Director of Operations Debra White explained the bar directory barely broke even and sometimes lost money some years taking into consideration the staff time dedicated to it. She also said that the new agreement was with the same publisher who handled our monthly Bar Journal, someone HSBA has worked with for years.
5. COMMITTEE / REPRESENTATIVE REPORTS
a. HSBA-Disciplinary Board Liaison Committee - the new Disciplinary Counsel will likely be announced at the liaison committee meeting this afternoon.
b. Strategic Planning Committee - the Leadership and Membership Subcommittees and full Strategic Planning Committee continue to meet and move forward.
c. UPL Rule – President Sia reported that he hopes to have a draft of the revised rule by mid-September.
6. EXECUTIVE DIRECTOR’S REPORT (see agenda item 5) - In Lyn Flanigan’s absence, Iris Ito encouraged board members to view the “debates” between the President-elect and VP candidates on the HSBA website. President Sia reported that we are still waiting to hear back from the mortgagor of the Alakea Corporate Plaza office space that HSBA is considering purchasing. He asked board members to spread the word about Bar Convention on October 24th with the myriad of seminar programs and with Neal Katyal as the keynote lunch speaker.
7. YLD REPORT - YLD President Jill Hasegawa reported on the following upcoming YLD activities: September 6th YLD picnic at Kapiolani Park, Mock Trial project, School-based projects, Associates Bootcamp, YLD Midyear Retreat.
8. UNFINISHED BUSINESS
2009 Payroll Budget (see agenda item 7.a. and Exhibit B) - the Board discussed Scenarios 1, 2, and 3 of the payroll budget. The Executive Committee recommends Scenario 2, and the general feeling of the Board was that it would be premature to approve Scenario 3 which includes a full-time MCLE position.
A comment was made that if MCLE is adopted, it will likely not go into effect until year 2010 or 2011 because of policies and procedures that will need to be established and put into place. The policy question was raised again whether HSBA is going to support mandatory CLE and that this should be addressed first. President Sia remarked that the Supreme Court will likely adopt MCLE whether or not HSBA supports it, and HSBA should therefore plan for it.
This item will be voted upon at the September meeting as part of the overall 2009 budget.
9. NEW BUSINESS
a. Native Hawaiian Legal Corporation Board Appointment
Action taken: After discussion, a motion was made, seconded, and carried without opposition to approve the recommendation of the Nominating Committee to reappoint Keith Lee to the NHLC Board for a 4-year term beginning October 1, 2008. There was some discussion about continuing to reappoint members who had served a long time and not allowing new people to participate on these boards. It was determined that the HSBA Nominating Committee should be informed of this concern of the HSBA Board and consider this in making future recommendations on appointments.
b. 2009 Project/Program Budgets (see agenda item 8.b. and Exhibit D) - this item will be more fully discussed at next month’s meeting as part of the overall 2009 budget.
c. Proposed Amendment of Rule 1.14 (see agenda item 8.b. [the second one] and Exhibit E)
Action taken: After discussion, a motion was made, seconded, and carried without opposition to ask the Hawaii Supreme Court to amend the language of Rule 1.14 of the Rules of the Supreme Court that would allow more flexibility for new admittees to take the professionalism course in a reasonable time after electing “active” status and allow more flexibility for HSBA in scheduling the course and to track new admittees who need to take the course.
The meeting adjourned at 2:48 p.m.
Iris M. Ito
HSBA Assistant Executive Director
Ronette M. Kawakami
HSBA Secretary Pro Tem