The Oklahoma Bar Association Board of Governors met at the Oklahoma Bar Center in Oklahoma City on Friday, Oct. 24, 2008.

REPORT OF THE PRESIDENT

President Conger reported he attended the Southern Conference of Bar Presidents annual meeting in Annapolis, Work/Life Balance Committee meeting, special board meeting of Oct. 3, Annual Meeting planning session, National Conference of Bar Presidents dinner, YLD New Admittees reception and Association of Black Lawyers reception.

REPORT OF THE VICE PRESIDENT

Vice President Mordy reported he attended the Board of Governors meeting in Ardmore, special board meeting telephonically, Budget Committee meeting telephonically and gave brief remarks at the swearing-in of new OBA members.

REPORT OF THE PRESIDENT-ELECT

President-Elect Parsley reported he attended the Southern Conference of Bar Presidents annual meeting in Annapolis, 2009 Annual Meeting planning meeting, budget meeting with staff regarding the 2009 budget, Budget Committee meeting, 2009 budget public hearing, special Oct. 3 board meeting, Board of Governors social event and Texas County Bar Association meeting. He also researched possible keynote speakers for next year’s OBA Annual Meeting.

REPORT OF THE PAST PRESIDENT

Past President Beam reported he attended the Boiling Springs Institute in Woodward, Ardmore board meeting and social events, two Custer County Bar Association meetings, Southern Conference of Bar Presidents in Annapolis, ABA GP/SOLO Division fall meeting in Santa Fe, N.M., Budget Committee meeting and Custer County Bar Association fall golf outing.

REPORT OF THE EXECTUTIVE DIRECTOR

Executive Director Williams reported that he met with Legislative Monitoring Committee Chair Duchess Bartmess to discuss the upcoming session, Justice Colbert to discuss the proposed rule change on temporary permits, Family Law Section leadership to discuss online service for the FLS Manual, building contractor and others regarding lighting issues in the remodeled space, and he met with vendors regarding a new LHLAP service contract. He reported that he attended the Southern Conference of Bar Presidents meeting, Budget Committee meeting, Supreme Court conference on rule changes for trust account reporting and removing the director of Administration from check signing authority, Wind Walker dedication at the Attorney General’s office, LHLAP Committee meeting, directors meeting, budget hearing, Thursday night board social event, Trustee meeting for the Group Insurance Trust, staff monthly celebration and had a telephone conference with YLD chair-elect regarding project for next year.

BOARD MEMBER REPORTS

Governor Bates reported she attended the September board meeting, special board meeting, Work/Life Balance Committee meeting and the OBA YLD new admittees reception. Governor Brown reported he attended the special board meeting on Oct. 3, site visit for ABA Judicial Division and National Jury Symposium at Fordham Law School in New York City. He co-chaired OBA Bench and Bar Committee meeting and authored CLE program materials for the OBA Annual Meeting. Governor Christensen reported she attended the September board meeting in Ardmore and lunch with Mike and Christy Mordy at their home, Board of Governors special meeting, swearing in of the new attorneys with Vice President Mordy and Oklahoma County Bar board meeting. She co-chaired the Bench and Bar Committee meeting and helped at the OBA Women in Law Conference. Governor Dirickson reported she attended the dinner with the Carter County Bar Association, September board meeting in Carter County, lunch with Mike and Christy Mordy, special Board of Governors meeting in October and Custer County Bar Association monthly meeting. Governor Farris did not attend the meeting but submitted his report in writing. He reported that he attended the reception and dinner with the Carter County Bar, September Board of Governors meeting, lunch with Mike and Christy Mordy at their home, Tulsa County Bar Foundation Fellows reception and Tulsa County Bar Association Board meeting.  Governor Hermanson reported he attended the reception and dinner with the Carter County Bar, lunch with Mike and Christy Mordy, September Board of Governors meeting, special Board of Governors meeting, ABA General Practice, Solo and Small Firm Division’s fall meeting in Santa Fe, N.M., October meeting of the Kay County Bar Association, OBA Law-related Education Committee meeting, OBA Member Services Committee meeting and Oklahoma Court of Criminal Appeals Special Committee on Oklahoma Uniform Jury Instructions – Criminal meeting. He also wrote an article for the OBA Criminal Law Section’s newsletter on recent U.S. Supreme Court decisions. Governor Hixson reported he attended the reception and dinner with the Carter County Bar, September Board of Governors meeting, lunch with Mike and Christy Mordy, Clients’ Security Fund Committee meeting and Canadian County Bar Association luncheon and CLE. Governor McCombs reported he attended the Carter County Bar reception and dinner, lunch with Mike and Christy Mordy, board meeting in Carter County, special board meeting via phone conference and McCurtain County Bar meeting. He also wrote a letter of appreciation to Mike Cawley with the Noble Foundation and addressed concerns raised at September board regarding trust accounts and potential bank failure. Governor Reheard reported she attended the September social event in Ardmore, September board meeting and special board meeting. She was the moderator for the OBA/Oklahoma Criminal Defense Lawyers Association co-sponsored CLE and moderated a session at the Women in Law Conference. Governor Souter reported he attended the social event with Carter County Bar Association, September board meeting, special board meeting and Work/Life Balance Committee. Governor Stockwell reported she attended the September board meeting, special board meeting, Budget Committee meeting, Cleveland County Bar Association Executive Committee regular meeting, Cleveland County Bar Association monthly meeting and CLE, Access to Justice Committee meeting and Lawyers Helping Lawyers Assistance Program meeting.

YOUNG LAWYERS DIVISION REPORT

Governor Warren reported she attended the lunch with Mike and Christy Mordy, September board meeting, September YLD board meeting and ABA/YLD Fall Conference in San Diego.

SUPREME COURT LIAISON REPORT

Justice Taylor reported that the Supreme Court justices will be electing the new chief justice during the first week of November. He also announced that there will be a reception honoring outgoing Chief Justice Winchester on Tuesday, Nov. 18, 2008, at the Renaissance Hotel.

LAW STUDENT DIVISION LIAISON REPORT

LSD Treasurer Nathan Milner reported they have reserved a room during the Annual Meeting, and they are encouraging their members to register for the Annual Meeting.  In addition, the division is having a membership drive. Chairperson Janoe had a meeting at OU on Thursday and a meeting is scheduled at OCU on Monday. President Conger offered his assistance and was invited to attend the meeting.

Although Chairperson Wayne Janoe was absent, he submitted his report electronically. He reported that he attended the September board meeting and social event, OLSD Executive Committee Annual Meeting planning meeting at OU Law School and the OLSD meeting of OU students.

GENERAL COUNSEL REPORT

A written status report of the Professional Responsibility Commission and OBA disciplinary matters was submitted for the board’s review.

COURTHOUSE BOOK PROJECT

President Conger announced that attorney Kent F. Frates and photographer David Fitzgerald are working on a coffee table book to be published by Graphic Arts Publishing, Portland, Ore. The book will feature history as well as stories about judges, attorneys and famous Oklahoma trials which have occurred at the Oklahoma courthouses.  Oklahoma County Clerk Carolyn Caudle and other county officers statewide are talking about getting involved with the project, which will take up to a year and a half to complete. Believing that there will be a large interest in the book, President Conger proposed that the OBA purchase some of these books. President Conger will send board members more information.

TAXATION LAW SECTION RESOLUTION/LEGISLATIVE PROPOSAL RE: ESTABLISHMENT OF A STATE OFFICE OF ADMINISTRATIVE TAX HEARINGS

Kenneth Hunt, Taxation Law Section chairperson, discussed the reasoning for the creation of the State Office of Administrative Tax Hearings. He advised that these changes are in line with the ABA model and that at least 32 states have a system of independent administrative review of state tax matters. Mike Miers, chairperson of the task force working on this legislative proposal, noted that there were two government employees on the task force, one being OTC Commissioner Thomas Kemp, who opposes the changes, believing that the current system is fair and works fine. The board voted to send the resolution to the House of Delegates with a “do pass” recommendation.

TAXATION LAW SECTION RESOLUTION FOR HOUSE OF DELEGATES RE: ESTABLISHING AND MAINTAINING AN APPEALS OFFICE WITHIN THE OTC

Kenneth Hunt explained that this proposal is only necessary if the resolution to establish a State Office of Administrative Tax Hearings is passed. The board voted to send the proposed resolution to the House of Delegates with a “do pass” recommendation. Governor Hixson abstained from voting.

CIVIL PROCEDURE COMMITTEE RESOLUTION/LEGISLATIVE PROPOSAL RE: AMENDMENTS TO 12 O.S. 2001, SECTION 2005 RELATING TO SERVICE OF PROCESS AND SECTION 3237 RELATING TO THE AWARD OF THE EXPENSE OF FILING THE MOTION

James Milton, Civil Procedure Committee chairperson, advised that the amendment to 12 O.S. 2001, Section 2005 is a housekeeping item. Discussion was held regarding approving these two sections separately and Executive Director Williams explained the publication requirements in the Bylaws and the Rules of the House of Delegates do not allow for voting separately on different sections of the same resolution. Mr. Milton reviewed the proposed change to 12 O.S. 2001, Section 3237. The board voted to send the proposed resolution to the House of Delegates with a “do not pass” recommendation.

CIVIL PROCEDURE COMMITTEE RESOLUTION TO AMEND DISTRICT COURT RULE NO. 5, PARA. F, NO. 7 (PAYMENT OF JURY FEE) AND AMEND THE SCHEDULING ORDER AND PRE-TRIAL CONFERENCE ORDER

James Milton, Civil Procedure Committee chairperson, introduced the resolution and discussed the reasoning behind the amendments. The board voted to send the resolution to the House of Delegates with a “do pass” recommendation.

PROPOSED 2009 OBA BUDGET

President Conger announced that the discussion of the 2009 budget be held in executive session.

TRUST ACCOUNTS IN FAILED BANKS

President Conger advised board members that he was unable to attend the meeting that was held regarding this issue due to the short notice, but will make contact with them and find out the results.  Discussion followed as to the FDIC-insured limits and whether IOLTA accounts are covered.

ANNUAL MEETING

President Conger said that he is looking forward to the Annual Meeting and encouraged all the board members to attend the President’s Prayer Breakfast on Friday morning to hear Rev. Robert Gorrell.

EXECUTIVE SESSION

The Board of Governors voted to go into executive session. They met in executive session and voted to come out of executive session.

NEXT MEETING

The board will meet at the Sheraton Hotel in Oklahoma City on Wednesday, Nov. 19, 2008, in conjunction with the OBA Annual Meeting.