******************************************************************************************AGENDA

ALABAMA STATE BARBOARD OF BAR COMMISSIONERS MEETING

Alabama State BarMontgomery, AL

Friday, September 19, 2014

******************************************************************************************10:00 a.m. I. ADMINISTRATIVE

A. Call to Order

1. Pledge of Allegiance

2. Invocation

3. Roll Call

4. Introduction of Guests

B. Approval of Minutes – July 9, 2014 and July 12, 2014 Board Meetings andthe minutes of the July 12, 2014 Grand Convocation and Business Meeting

II. Special Guest: David B. Byrne, Jr., Governor’s Legal Advisor

III. Special Recognition: Retirement of Jim Sumner, Director of the Alabama EthicsCommission

IV. PUBLIC REPRIMANDS (3)

V. OFFICER / STAFF REPORTS

A. President’s Report

B. Secretary’s Report – Keith Norman

C. Office of General Counsel Report – Tony McLain

D. Digital Communications Update – Eric Anderson

E. External Relations and Programs Update – Ed Patterson

VI. DISCUSSION ITEMS

1. Pro Bono Week Update - Cassandra Adams

2. Veterans Court Report – Ed Sledge

3. Solo and Small Firms Report – Sam Irby

AGENDASeptember 19, 2014

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VII. ACTION ITEMS

1. Rule III Applications

2. Proposed Rule Changes to the Rules Governing Admission, the AlabamaRules of Disciplinary Procedure and the Alabama Rules of ProfessionalConduct

3. Renewal of Casemaker Contract

4. Alabama Lawyer Stipend Increase

5. Proposal by the MCLE Commission for the Addition of MCLE Regulation8.6 Regarding Successive Requests for Deficiency Plans

6. Staff Compensation FY2014-2015

VIII. LOCAL LAWYER RECOGNITION

AGENDASeptember 19, 2014

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ALABAMA STATE BAR FOUNDATIONBOARD OF TRUSTEES MEETING

Alabama State BarMontgomery, AL

Friday, September 19, 2014

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I. Approval of July 9, 2014 Board of Trustees Meeting MinutesII. Firewall UpgradeIII. Building Security UpdateIV. Proposal to Purchase Chairs

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MEMORANDUM

TO: Board of Bar Commissioners

FROM: Keith B. Norman, Executive Director

RE: Action Items for September 19, 2014 Meeting

DATE: September 4, 2014

1. Rule III Application – We received applications for admission by motion fromthe following lawyers: Leopold Blum Babin (GA); Jason Richard Bush (MS); AndrewThomas Hayes (OH); Paisley Anne Newsome (GA); Maia Agatha Niemann (TN) andJoshua Jahyun Wie (GA). Each of the applicants complies with the requirements ofRules III under the Rules Governing Admission to the Alabama State Bar and satisfies allcharacter and fitness requirements.

2. Proposed Rule Changes to the Rules Governing Admission, The AlabamaRules of Disciplinary Procedure and the Alabama Rules of Professional Conduct –These rule changes were discussed at the last meeting and are synopsized and includedwith the written materials for this meeting.

3. Renewal of Casemaker Contract – The Casemaker contract under which wecurrently operate ends in May 31, 2015. This contract was renewed five years ago.Currently, we pay Casemaker $10,372.67 a month for this online electronic law library.We have been able to negotiate a new three year contract beginning October 1, 2014 for areduced monthly payment of $6,000. Not only will we save nearly $35,000 by having thenew contract become effective on October 1, 2014 we will realize an annual savings overthe old contract in the amount of $52,472.00 a year. Furthermore, all state bar memberswill have access to several premium services at no charge. The new contract does havean escalator clause, as did the previous contract, that increases or decreases the annualamount by the percentage change in the producer price index.

4. Alabama Lawyer Stipend Increase – The Board of Editors of The AlabamaLawyer has requested an increase in the magazine’s stipend. Currently, the bar pays$12,500 per issue. The magazine is published six times per year. The Board of Editors isasking that the stipend be increased by $4,000 (to $16,500) per issue, or by $24,000 ayear. The actual cost to produce and print each issue is roughly $24,000. Advertisingcovers the difference between the bi-monthly stipend and the actual production cost ofeach issue. The bar would continue to pay the cost to mail the magazine which is roughly$4,000 an issue. The last increase in the magazine’s stipend was 1996.

5. Staff Compensation for FY 2014-15 – The recommended compensation amountfor FY14-15 is $2,915,458. The FY 2014-15 budget provides $3,203,185 to coverpersonnel costs.

KBN/dl

MINUTES

ALABAMA STATE BARBOARD OF BAR COMMISSIONERS MEETING

Coral Ballroom AHilton SandestinDestin, Florida

Wednesday, July 9, 2014

1. CALL TO ORDER

President Anthony Joseph convened this meeting of the Alabama State Bar Board ofCommissioners at 4:00 p.m. in the Coral Ballroom of the Hilton Sandestin, Destin,Florida. Commissioner Watson gave the invocation.

2. ROLL CALL

The Secretary called the roll of the Commission and the following Commissioners werepresent:Halron W. Turner Christy Crow Jana Russell GarnerHays Webb William H. Broome Emily L. BaggettRocky Watson Leslie R. Barineau S. Greg BurgeAshley Swink Fincher Robert G. Methvin, Jr. Augusta S. DowdAllison O. Skinner Brannon Buck Derrick A. MillsL. Kenneth Moore Ralph E. Holt Henry A. Callaway, IIIJames Rebarchak George R. Parker J. Flynn MozingoCole Portis Lee H. Copeland Donald RheaTaylor T. Perry, Jr. Anne Malatia Glass Robert L. Bowers, Jr.R. Clifford Mendheim James Eric Coale Thomas B. AlbrittonTazewell T. Shepard, III John A. Brinkley, Jr. John Earl PaluzziDaryl Burt Allan Chason Sam IrbyRobert L. Rumsey Monet M. Gaines H. Thomas Heflin, Jr.Lee F. Knowles Sharon H. Hester William T. ChapmanJohn M. Plunk Jeanne Dowdle Rasco Scott L. McPhersonDiandra D. Zimmermann Cooper Shattuck Meredith S. PetersRebecca DePalma Alicia F. Bennett Kira Fonteneau

The following commissioners were absent:

Jerry L. Thornton Charles G. Reynolds, Jr. Terri O. TompkinsBarry A. Ragsdale Teresa G. Minor Thad Yancey, Jr.Clay A. Lanham Juan Ortega James R. BeairdLes Pittman Jeffery C. Duffey William Randall MayJulia C. Kimbrough Rebekah K. McKinney F. Patrick LoftinJerry Wayne Baker, Jr. Erskine R. Funderburg, Jr. Jason P. KnightChristy Williams Graham Roger W. Pierce Stephen M. KennamerGregory Varner

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In addition, President-elect Richard J.R. Raleigh, Jr. and Immediate Past President PhillipW. McCallum were in attendance. Staff members present included: Robert Thornhill,Angela Parks, Ed Patterson, Diane Locke, Tony McLain, Eric Anderson, MichelleOwens, Christina Butler, Tripp Vickers, Linda Lund, Jeremy McIntire, Mark Moody,Kelley Lee and Laura Calloway. Suzi Edwards, legislative counsel, and Tracy Daniel,director of the Alabama Law Foundation were also in attendance. Chris Waller,president of the Young Lawyers’ Section, was in attendance.

3. GUESTS

President Joseph introduced John Pickens and Craig Baab of Alabama Appleseed, formerpresident Alyce Spruell and former commissioner Cleve Poole. He also welcomed backCommissioner Zimmermann and congratulated her on her new baby daughter.

4. INTRODUCTION OF NEW COMMISSIONERS

President Joseph introduced the new commissioners and asked those present to stand:

Emily L. Baggett – 8th Judicial CircuitAllison O. Skinner – 10th Judicial Circuit, Place 7L. Kenneth Moore – 10th Judicial Circuit, Bessemer CutoffRalph E. Holt – 11th Judicial CircuitJames Rebarchak – 13th Judicial Circuit, Place 5Taylor T. Perry, Jr. – 17th Judicial CircuitAnne Malatia Glass – 18th Judicial Circuit, Place 3Robert L. Bowers, Jr. – 19th Judicial CircuitCliff Mendheim – 20th Judicial CircuitJames Eric Coale – 21st Judicial CircuitThomas B. Albritton – 22nd Judicial CircuitTazewell T. Shepard, III – 23rd Judicial Circuit, Place 1Erskine R. Funderburg, Jr. – 30th Judicial CircuitH. Thomas Heflin, Jr. – 31st Judicial CircuitLee F. Knowles – 33rd Judicial CircuitSharon H. Hester – 34th Judicial CircuitWilliam Thomas Chapman, II – 35th Judicial CircuitChristy Graham Williams – 36th Judicial CircuitScott L. McPherson – 41st Judicial CircuitKira Fonteneau – At-Large, Place 6

5. MINUTES OF THE MAY 2, 2014 BOARD OF COMMISSIONERS MEETING

President Joseph stated that the minutes of the May 2, 2014 board meeting had beentranscribed and circulated prior to the meeting. He asked if there were corrections,additions or deletions. There were none.

COMMISSIONER RHEA MOVED TO APPROVE THE MINUTES OF THE MAY 2,2014 BOARD OF BAR COMMISSIONERS MEETING. THE MOTION WASSECONDED AND UNANIMOUSLY APPROVED BY VOICE VOTE.

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6. PRESIDENT’S REPORT

President Joseph gave his final president’s report. He stated that the Uniform Bar Examwould be in full swing with the July administration and stressed the importance ofcontinuing to meet and collaborate with all of the law school deans. He noted theunusual circumstances of there being three brand new law school deans at Jones,Cumberland and Alabama and stated that all three new deans would be introduced at theBench and Bar Luncheon. Next, President Joseph provided the commission with anoverview of the veterans’ court program and the work of that task force. He alsohighlighted the work of the task force chaired by Commissioner Shattuck to increase in-house counsel participation in the bar. Finally, President Joseph took a moment ofpersonal privilege for his last meeting as state bar president. He stated that he had beenblessed by his journey as president of the Alabama State Bar and that he had enjoyedworking with the commission. President Joseph thanked the commissioners for theconfidence that they had placed in him during his year as president. The commissiongave President Joseph a standing ovation.

7. PRESIDENT-ELECT REPORT

President-elect Raleigh stated that the theme of his year as president would be “LawyersIn Transition” and would focus on new lawyers, those re-entering the work place in newpositions, solo and small firm practice issues, retiring lawyers and veterans issues. Heacknowledged that he would continue to highlight programs such as the LeadershipForum and Volunteer Lawyers Program because of the role they play in enhancing theimage of the profession.

8. SECRETARY’S REPORT

The secretary stated that two resolutions in memory of presidents who had died since thelast annual meeting had been transmitted to members of the board. He explained that theresolutions, which would be read at the Grand Convocation, were in memory of formerpresidents Oakley Melton and Walter Byars.

COMMISSIONER COPELAND MOVED TO ADOPT THE RESOLUTIONS INMEMORY OF FORMER ALABAMA STATE BAR PRESIDENTS OAKLEYMELTON AND WALTER BYARS AND TO PLACE THEM IN THE MINUTES OFTHIS MEETING OF THE BOARD OF BAR COMMISSIONERS.

The secretary informed the commission that a resolution had been received from theMobile Bar Association in memory of former city attorney Bill Lauten. He stated that theMobile Bar Association had requested the resolution be placed in the Alabama State BarBook of Memorial Resolutions.

COMMISSIONER IRBY MOVED TO ACCEPT THE RESOLUTION FROM THEMOBILE BAR ASSOCIATION IN MEMORY OF ATTORNEY BILL LAUTEN ANDTO PLACE IT IN THE ALABAMA STATE BAR BOOK OF MEMORIALRESOLUTIONS. THE MOTION WAS SECONDED AND APPROVED BY VOICEVOTE.

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Director of Finance, Michelle Owens gave the third quarter financial report. There wereno questions following her report.

9. DIGITAL COMMUNICATIONS UPDATE

The Director of Digital Communications, Eric Anderson, gave an update on the newwebsite and encouraged commissioners to come by and visit the kiosk at the exposhowing the new site coming online in late July or early August. Mr. Andersonmentioned that Kelley Lee, the digital communications content manager was now alsohandling press chores and other matters. He stated that the wireless internet had beenupdated in the building and described several IT projects as well as the online curriculumand consolidated fee report currently being developed.

10. REGULATORY PROGRAMS UPDATE

Angela Parks, Director of Regulatory Programs, discussed deficiency plan issues andprocedures to curb some of the abuses that her department is experiencing in this regard.She stated that possible rule changes would be forthcoming for the commission toconsider on behalf of the MCLE Commission.

11. INNS OF COURT REPORT

Commissioner Swink reminded the commission of the Inns of Court Coffee on Fridaymorning at 7:30 a.m. and encouraged all interested commissioners and others to attendthe coffee.

12. PRO BONO WEEK REPORT

Chair, Cassandra Adams and chair-elect, Commissioner Flynn Mozingo, reported on the6th Annual Pro Bono Celebration. Ms. Adams stated that the committee had decided tochange the pro bono celebration to include the entire month of October because of theextraordinary success of previous celebrations. She reminded the commissioners of theVLP reception on Thursday and encouraged all to come and celebrate this year’s probono award winners. Commissioner Mozingo stated that information regarding the probono celebration will be included in an email package to all commissioners. Heremarked that the program has been a successful bottom-up program and that thematerials will allow local bars to put together successful programs. He noted that thematerials would also be on the Alabama State Bar website. Following a description ofthe materials in the pro bono kit, Ms. Adams concluded by stating that some of theactivities planned for the October celebration include several poverty simulations aroundthe state which she encouraged commissioners to take part in because of the uniqueexperience they provide.

President Joseph thanked Ms. Adams, Commissioner Mozingo and the pro bonocelebration committee members for their hard work in preparing for another successfulyear.

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13. DIRECTORPOINT PRESENTATION

Ellen Glasgow and Kathy Johnson of Directorpoint were introduced by President Joseph.Ms. Glasgow gave an overview of the company and an introduction of the software. Shenoted that Directorpoint was an Alabama based company and in its short existence, hadamassed 10,000 users in ten states and two countries. She provided a demonstration ofthe product software and pointed out that it was an online electronic alternative to apaper-based system. As Ms. Glasgow explained, Directorpoint provides an online portalthat enhances security and allows users to access it from various platforms includingiPads and laptops.

Following the presentation, Ms. Glasgow and Ms. Johnson took questions from theaudience. Following their remarks, President Joseph thanked them for allowing thecommission to see the benefits of Directorpoint. He stated that Ms. Glasgow and Ms.Johnson would be available during the annual meeting expo for presentations anddemonstrations.

14. PROPOSED RULE CHANGES

General Counsel, Tony McLain, informed the commission that the federal district courtcase from the Southern District of Alabama holding that issuing title opinions did notconstitute the practice of law on appeal to the Eleventh Circuit had now been certified bythat court to the Alabama Supreme Court. Mr. McLain recommended that the state barjoin as an amicus in the certified question now before the Alabama Supreme Court.

Mr. McLain next mentioned several rule changes which were submitted to thecommission involving Rule V Alabama State Bar Rules Governing Admission; Rule 4and Rule 4.2 of the Alabama Rule of Disciplinary Procedure; Rule 9, Client SecurityFund Rules; Rule 12 (f) (1), Alabama Rules of Disciplinary Procedure; Rule 29,Alabama Rules of Disciplinary Procedure and Rule 1.15 (e), Alabama Rules ProfessionalConduct.

[See McLain memo attached as Appendix A to these minutes.]

COMMISSIONER WATSON MOVED TO SUSPEND THE RULES TO BRING UPTHESE MATTERS OUT OF ORDER FOR A VOTE. THE MOTION WASSECONDED AND APPROVED BY THE NECESSARY TWO THIRDS VOTE.

COMMISSIONER COPELAND MOVED TO AUTHORIZE THE GENERALCOUNSEL’S OFFICE TO JOIN AS AN AMICUS ON BEHALF OF THE ALABAMASTATE BAR ON THE CERTIFIED QUESTION PRESENTLY PENDING BEFORETHE ALABAMA SUPREME COURT AND TO APPROVE THE RULE CHANGESAS OUTLINED BY MR. MCLAIN AND SET FORTH IN HIS MEMO OF JUNE 30,2014. THE MOTION WAS SECONDED AND APPROVED BY VOICE VOTE.

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15. RULE III APPLICATIONS

President Joseph stated that the following individuals had applied for admission to theAlabama State Bar pursuant to Rule III of the Rules Governing Admission to theAlabama State Bar. They are as follows: Nathan Wayne Emmorey (TN); Nicole AnnKersey (GA); Yuri Roger Linetsky (OH); Tracy Allen Marion (GA) and Daniel CurtisUpton (DC). He stated that each of the applicants had met all the requirements of RuleIII including the character and fitness requirements.

COMMISSIONER CROW MOVED THE ADMISSION OF NATHAN WAYNEEMMOREY, NICHOLE ANN KERSEY, YURI ROGER LINETSKY, TRACY ALLENMARION AND DANIEL CURTIS UPTON. THE MOTION WAS SECONDED ANDAPPROVED BY VOICE VOTE.

16. APPROVAL OF LAWYERS HALL OF FAME 2014

President Joseph stated that the Selection Committee of the Alabama Lawyers Hall ofFame Committee recommended the induction of the following individuals: Walter L.Bragg (Marion, 1835-1891), as the one hundred year inductee; George WashingtonLovejoy (Mobile, 1859-1933); Albert L. Patterson (Phenix City, 1894-1954); Hon. SamC. Pointer, Jr. (Birmingham, 1934-2008) and Henry B. Steagall (Dale County, 1873-1943). He stated that these individuals would be inducted at the ceremony in May 2015.

COMMISSIONER BOWERS MOVED TO APPROVE WALTER L. BRAGG,GEORGE WASHINGTON LOVEJOY, ALBERT L. PATTERSON, HON. SAM C.POINTER, JR. AND HENRY B. STEAGALL FOR INDUCTION AS THE 2014CLASS OF THE ALABAMA LAWYERS HALL OF FAME. THE MOTION WASSECONDED AND APPROVED BY VOICE VOTE.

17. RATIFICATION OF THE EXECUTIVE COUNCIL’S VOTE FORREAPPOINTMENT OF ABA HOUSE OF DELEGATE MEMBERS

President Joseph stated that the terms of the three current members of the ABA House ofDelegates would expire at the conclusion of this year’s annual meeting in August. Theyare Wade Baxley, Hon. Caryl Privett, and Bobby Poundstone. President Josephexplained that due to an oversight, the reappointment of these three delegates was notincluded on the May agenda. He noted that as a result, this matter was brought to theattention of the Executive Council in June so that the appropriate certification could bemade to the ABA Election Committee in time for each of the delegates to be reseated inthe ABA House of Delegates.

COMMISSIONER DOWD MOVED THE RATIFICATION OF THE EXECUTIVECOUNCIL’S REAPPOINTMENT OF WADE BAXLEY, HON. CARYL PRIVETTAND BOBBY POUNDSTONE, WHOSE TERMS WILL EXPIRE AT THE END OFTHE ABA’S ANNUAL MEETING IN AUGUST TO NEW TERMS AS DELEGATESFOR THE ALABAMA STATE BAR. THE MOTION WAS SECONDED ANDAPPROVED BY VOICE VOTE.

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18. MOTION TO ADJOURN TO A DATE CERTAIN

COMMISSIONER WATSON MOVED THAT UPON ADJOURNMENT, THEMEETING BE ADJOURNED TO A DATE CERTAIN SPECIFICALLY TO THEMORNING OF JULY 12 IMMEDIATELY FOLLOWING THE GRANDECONVOCATION AND ANNUAL BUSINESS MEETING. THE MOTION WASSECONDED AND APPROVED BY VOICE VOTE.

19. NOMINATING COMMITTEE REPORT

Commissioner Irby gave the Nominating Committee’s report. President Joseph remindedthe commissioners that additional nominations could be made from the floor on Saturdaymorning.

20. ADJOURNMENT

President Joseph asked for a motion to adjourn.

THE MOTION WAS MADE, SECONDED AND APPROVED BY VOICE VOTE.

MINUTES

ALABAMA STATE BARBOARD OF BAR COMMISSIONERS MEETING

Coral Ballroom AHilton SandestinDestin, Florida

Saturday, July 12, 2014(Resumption of Wednesday, July 9, 2014 meeting)

21. RESUMPTION OF MEETING AND CALL TO ORDER

President Rich Raleigh reconvened the meeting of the Alabama State Bar Board ofCommissioners at 11:00 a.m. in Coral Ballroom A of the Hilton Sandestin in Destin,Florida.

22. NOMINATIONS

President Raleigh reminded the commission of the following slate of officers, executivecommittee members and appointments as recommended by the Nominating Committee:

Nominations for Officers and Executive Council:

President: Richard J.R. Raleigh, Jr.President-elect: Lee CopelandVice President: R. Cooper ShattuckSecretary: Keith B. NormanExecutive Council: Diandra Debrosse Zimmermann, J. Cole Portis, Henry A.

Callaway, IIIImmediate Past President: Anthony A. Joseph

Disciplinary Board

Panel IAppoint: Lee F. KnowlesAppoint: Terri O. TompkinsReappoint: Robert G. Methvin, Jr.Reappoint: Leon Garrett (laymember)

Panel IIReappoint: Alicia F. BennettReappoint: Dr. Ken Jordan (laymember)

Panel IIIAppoint: Cliff MendheimReappoint: Robert Davis (laymember)

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Disciplinary Commission

Appoint: S. Greg BurgeReappoint: Christina D. Crow

MCLE Commission

Appoint: Terri O. Tompkins, Jana Russell Garner and Daryl Burt

Alabama Lawyer Assistance Foundation

Reappoint: David M. Wooldridge (term ends 2017)Appoint: John A. Brinkley, Jr. (term ends 2017)

Alabama Law Foundation

Appoint: Phillip W. McCallumAppoint: Christina D. Crow

Client Security Fund Committee

A. Appoint Gerald Paulk to serve as Chairperson, replacing Mike Ballardwho is the current Chairperson.

B. Appoint James S. Ward to serve the remaining appointment of Derrick Mills whohas resigned his appointment. It is requested that James S. Ward serve as ViceChairperson.

C. Appoint Gilda B. Williams to serve the remaining appointment of Sydney Smithwho has resigned her appointment.

D. Appoint Timothy Dillard to serve.

E. Appoint Russell Maddox to serve as a layperson member for 2014-2015.

F. Re-appoint Samuel (Sam) E. Neilson to serve as a layperson member for2014-2015.

G. Appoint Michael E. Ballard to serve as a consultant for 2014-2015.

15th Judicial Circuit Commissioner Vacancy

Elect James David Martin to fill the vacancy in the15th Judicial Circuit, Place 6 (replacingLee Copeland)

COMMISSIONER CROW MOVED THAT NOMINATIONS FOR ALL POSITIONSBE CLOSED AND THAT THE SLATE OF OFFICERS AND APPOINTEES ASRECOMMENDED BY THE NOMINATING COMMITTEE BE ACCEPTED ANDAPPROVED. THE MOTION WAS SECONDED AND APPROVED BY VOICEVOTE.

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23. RATIFICATION OF THE JAMES ANTHONY “TONY” MCLAINPROFESSIONALISM AWARD

President Raleigh asked for a motion to ratify the Executive Council’s creation of theJames Anthony “Tony” McLain Professionalism Award.

COMMISSIONER FINCHER MOVED TO RATIFY THE ACTION OF THEEXECUTIVE COUNCIL CREATING THE JAMES ANTHONY “TONY” MCLAINPROFESSIONALISM AWARD. THE MOTION WAS SECONDED ANDAPPROVED BY VOICE VOTE.

24. ADJOURNMENT

President Raleigh asked if there was any further business to come before the commission.There being none, a motion was duly made and seconded to adjourn.

_____________________________Anthony A. JosephPresident, 2013-2014

_____________________________Richard J.R. Raleigh, Jr.President, 2014-2015

Attest:

____________________________Keith B. NormanSecretary

MINUTES

ALABAMA STATE BAR

2014 GRANDE CONVOCATIONAND

ANNUAL BUSINESS MEETING

Emerald Ballroom C-EHilton SandestinDestin, Florida

Saturday, July 12, 2014

1. CALL TO ORDER

President Anthony Joseph called to order the 135th Grande Convocation and AnnualBusiness Meeting of the Alabama State Bar.

2. GRANDE CONVOCATION SPEAKER – WILLIAM HUBBARD

President Joseph recognized Mr. Billy Coplin of Demopolis and a member of the ABA’sHouse of Governors, to introduce William Hubbard of Columbia, South Carolina,president-elect of the ABA. After the introduction by Mr. Coplin, Mr. Hubbard covereda number of topics in his remarks. Discussing the rule of law, Mr. Hubbard stated thattwo things were essential. They are an independent judiciary and a strong organized bar.He discussed Magna Carta, and its central role in the rule of law and the ABA’s efforts tofocus on its importance to the rule of law during the coming year. He stated that it wouldbe the central theme for the 2015 Law Day celebration and that efforts are being made toraise funds for restoring the monument erected many years ago by the ABA atRunnymede in England commemorating Magna Carta.

Mr. Hubbard then discussed the need to expand justice and highlighted the overcriminalization of laws and the resulting prison population explosion in the United States.He noted that these are issues the ABA intends to work on closely with the states. Thenext topic covered by Mr. Hubbard in his remarks was closing the justice gap and makinglegal services more affordable and available for the poor and middle class. He said thatmany parties who need attorneys can’t afford them even though they have serious legalproblems. He highlighted the efforts by many citizens towards self-help and that it wasincumbent upon the organized bar to help correct this problem.

Innovation to the practice of law and the incorporation of technology were issues that Mr.Hubbard also addressed. He explained that the organized bar must address these andother emerging issues and help bring fresh ideas to the delivery of providing legal

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services. He said that the ABA has a toolkit to help bar associations host meetings toaddress the technological and other issues that are confronting the legal profession.

Mr. Hubbard closed his remarks by observing that in the United States “We over lawyerthe wealthy and under lawyer the poor.” He stated that we must do a better job to addressthis problem and close the gap between lawyers and the other issues confronting the legalprofession. Mr. Hubbard concluded by saying, “We must establish justice as theconstitution says, because our primary calling is to justice and promoting justice for all.”

President Joseph thanked Mr. Hubbard and his wife Kappy for attending our meeting andpresented him with the book, “Headwaters: A Celebration of Alabama Rivers”.

3. STATE OF THE JUDICIARY AND PRESENTATION OF THE CHIEFJUSTICE’S PROFESSIONALISM AWARD

President Joseph recognized Chief Justice Roy Moore for his state of the judiciaryremarks. Chief Justice Moore highlighted Alabama’s exploding prison population asalluded to by Mr. Hubbard. He then discussed the financial problems facing the judicialsystem noting that the unified judicial system had lost 350 employees, mostly in clerks’offices across the state, since 2001. The Chief Justice stated that the state’s judiciary wasoperating with $39 million less than in 2001. He did mention that the financialcircumstances for the judicial system might be improving because additional funds maybe made available to the courts. Chief Justice Moore explained salary adjustments to bemade in the circuit clerks’ offices and merit pay raises where applicable. He explainedthat his positive outlook was based on his conversations with the governor and legislativeleaders.

Chief Justice Moore remarked that the court was as current as it has ever been withrespect to case dispositions. He explained that the dispositions were up overall and thatmore oral arguments were being granted and more opinions are being written. Followingadditional remarks concerning the U.S. Constitution, Chief Justice Moore presented theChief Justice’s Professionalism Award to retired circuit judge Joe Colquitt of Tuscaloosa.Judge Colquitt offered his remarks following his receiving the award.

4. HALL OF FAME SELECTION COMMITTEE REPORT

Wendy Crew, a member of the selection committee, announced the 2014 Hall of FameInductees who were as follows: Walter L. Bragg (Marion, 1835-1891), as the onehundred year inductee; George Washington Lovejoy (Mobile, 1859-1933); Albert L.Patterson (Phenix City, 1894-1954); Hon. Sam C. Pointer, Jr. (Birmingham, 1934-2008)and Henry B. Steagall (Dale County, 1873-1943). Ms. Crew encouraged members of theaudience to submit nominations for lawyers to be considered for inclusion in the LawyersHall of Fame.

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5. LEADERSHIP FORUM GRADUATES

President Joseph asked the graduates of the Leadership Forum to stand and berecognized.

6. 50 YEAR MEMBERS HONORED

President Joseph presented 50 year certificates to the following bar members who werepresent: Ben L. Holley, Richard M. Jordan, William Oliver Kirk, Jr., Byrd R. Lathram,William P. Powers, III and John Ray Warren.

7. MEMORIAL RESOLUTIONS

President Joseph recognized former state bar president Douglas McElvy who read aresolution in memory of former state bar president Oakley Melton. Following Mr.McElvy’s reading of the resolution, President Joseph recognized former state barpresident Fred Gray to read a resolution in memory of former state bar president WalterByars.

8. RECOGNITION OF PAST PRESIDENTS, BOARD OF COMMISSIONERSMEMBERS AND RETIRING COMMISSIONERS

President Joseph recognized past state bar presidents and asked them to stand. He nextasked the members of the Board of Bar Commissioners to stand and be recognized. Hethen recognized the retiring commissioners who were as follows:

Phil D. Mitchell, II 8th Judicial CircuitJoseph A. Fawal 10th Judicial Circuit, Place 7William A. (Pete) Short, Jr. 10th Judicial Circuit, Bessemer Cut-offAlbert J. Trousdale, II 11th Judicial CircuitHarry V. Satterwhite 13th Judicial Circuit, Place 5K. Scott Stapp 17th Judicial CircuitDavid A. McDowell 19th Judicial CircuitM. Hampton Baxley 20th Judicial CircuitJohn L. Jernigan, III 21st Judicial CircuitJohn M. Peek 22nd Judicial CircuitH. Harold Stephens 23rd Judicial Circuit, Place 1Elizabeth S. Parsons 30th Judicial CircuitBraxton W. Ashe 31st Judicial CircuitRobert H. Brogden 33rd Judicial CircuitRebecca Green Thomason 34th Judicial CircuitJ. Milton Coxwell, Jr. 35th Judicial CircuitH. Jerome Thompson 36th Judicial CircuitAlexander M. Smith 41st Judicial CircuitLaBarron N. Boone At-Large, Place 6

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9. PRESIDENT’S CONCLUDING REMARKS

President Joseph recognized immediate past president Phillip McCallum. Mr. McCallumfirst presented a framed certificate to Mr. Joseph’s legal assistant, Laura Cato andthanked her for her service. Next, Mr. McCallum made several remarks about Mr.Joseph’s term as president and presented him with the past president’s plaque and ribbon.Mr. Joseph thanked Mr. McCallum and offered remarks concerning his term as president.

10. TONY MCLAIN PROFESSIONALISM AWARD

President Joseph then announced a new award created by the Executive Council. Hedescribed the criteria and named the 2014 honoree, General Counsel Tony McLain.President Joseph stated the award will be named the J. Anthony “Tony” McLainProfessionalism Award. Mr. McLain received the award and offered his remarks.

11. INSTALLATION OF PRESIDENT-ELECT

President Joseph introduced Lee Copeland of Montgomery as the president-elect. Hecongratulated Mr. Copeland and Mr. Copeland made a few brief remarks.

12. INSTALLATION OF PRESIDENT RICHARD J.R. RALEIGH, JR.

President Joseph introduced Mr. Rich Raleigh as the 138th state bar president and calledhim to the podium. He turned over the office of president to Mr. Raleigh and presentedhim with the president’s gavel and president’s ribbon. President Raleigh thanked Mr.Joseph and other past presidents for their support. He thanked his firm members as wellas Huntsville colleagues. He then recognized his family members including his in-laws,his children, Tripp and Sarah Medders, and his wife, Shannon.

Mr. Raleigh encouraged the audience to all work together during this next year. Heannounced that his theme will be “Lawyers in Transition” and he explained the varioustransitions that different groups of lawyers encounter, stating that the state bar can be ahelp to each group. President Raleigh then mentioned the Alabama Veterans Networkand working to improve the image of lawyers by improving the public’s perceptionthrough such programs as the legislative neutrals and the VLP. He concluded hisremarks by stating that he will continue to work with and support other state groupsincluding circuit judges, D.A.s, etc. in helping tackle the many difficult issuesconfronting the profession and the state.

13. 2014 GRAND PRIZE DRAWING

President Raleigh recognized Laura Calloway. Ms. Calloway thanked sponsors,exhibitors as well as the member benefit providers at this year’s annual expo for themany prizes they provided. She then read the name of the winner of the iPad mini

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who was among the first 50 members to register for the annual meeting. The winner wasKen Rainer.

Ms. Calloway then recognized Mr. William Bass, president of ISI, Charlotte Gardner andGuy Gardner. Ms. Calloway summarized the programs hosted during the annual meetingby ISI, as well as ISI providing the grand prize. President Raleigh drew a card fromamong all the contestants for the grand prize and the winner was David Holt.

14. GOLF TOURNAMENT RESULTS

Chip McCallum announced the winners of the annual golf tournament including thewinners of the closest to the pin contest, the winning team and the losing team.

15. CLOSING REMARKS

President Raleigh concluded by stating that the 2015 Annual Meeting will be held at theGrand Hotel in Point Clear, July 15-18 and reminding bar commissioners of a briefmeeting immediately following the annual business meeting in Coral Ballroom A. Healso invited everyone to the presidential reception beginning at 11:15 a.m. in theSandpiper room on the lower level. President Raleigh declared the 2014 GrandeConvocation and Annual Business Meeting of the Alabama State Bar adjourned.

__________________________________Anthony A. Joseph, President, 2013-2014Alabama State Bar

__________________________________Richard J.R. Raleigh, Jr., President,2014-2015Alabama State Bar

ATTEST:

_______________________________Keith B. Norman, SecretaryAlabama State Bar

Note: The awards made during the 2014 state bar meeting are listed in the pamphlet from theBench and Bar Awards Luncheon held on July 10. This is included as Appendix A to theseminutes.

M E M O R A N D U M

TO: ASB Board of Bar CommissionersASB Executive CouncilAnthony A. Joseph, Esq., ASB PresidentRichard J. R. Raleigh, Jr., Esq., ASB President-ElectJ. Anthony McLain, Esq., ASB General CounselKeith B. Norman, Esq., ASB Executive DirectorH. Harold Stephens, Esq., Chair, MCLE Commission 2013-2014Teresa G. Minor, Esq, Chair, MCLE Commission 2014-2015John E. Vickers, III, Esq., Associate General Counsel

FROM: Angela Parks, Esq., Director of Regulatory Programs

DATE: June 5, 2014

RE: MCLE Deficiency Plans

We completed our 2013 MCLE Annual Report of Compliance a couple of weeks agoand, as usual, we were extremely pleased with the high level of MCLE compliance byAlabama attorneys.

However, I have become increasingly concerned about the number of attorneys whoconsistently fail to meet the December 31 MCLE deadline and who seem to havedeveloped an habitual need to file repeated Deficiency Plans (“DPs”). This year, almostas an afterthought, I prepared the attached a spreadsheet of the Deficiency Plansrequested in 2013 and, for each attorney listed, I included information on DP’s requestedby him or her in prior years. I had never collected this information in this form before.What prompted my action this year was the fact that numbers for 2010 and 2011 wereidentical to the numbers for 2012 and 2013 (211 and 191 respectively).

I have attached that spreadsheet for your review. Please keep in mind that the names onthis list reflect only 2013 DPs. There are many other chronic DP filers who may havehad a good year in 2013, but who still have made a habit of making a nearly-annual DPrequest. When we drafted our new MCLE rules, we specifically addressed the chronicabuse of DPs in Rule 8E (“Successive requests for approval of a deficiency plan will notbe considered without a showing of good cause.”) And while we have never been forcedinto the position of refusing to grant a request for a DP (thus automatically triggering anOGC referral), I believe that some attorneys may need to be reminded of their

responsibilities. MCLE, in and of itself, may not be the most critical issue ever to befaced by an attorney, but it is nonetheless a responsibility imposed by the highest court ofthis state on all attorneys who have been granted the privilege of practicing law here. Assuch, it is a responsibility that must be given proper consideration. And I believe we owesome level of fairness to all the other attorneys in Alabama who comply with the MCLErequirement on a timely basis each and every year without a word to us, whether they aresuffering hardships or not.

During my first year with the Bar, I sent a very sternly worded letter to an attorney inMobile who had been granted 9 successive Deficiency Plans for no better reason otherthan he simply made no effort to complete his MCLE requirement by the December 31deadline. Since he received that letter from me, he has been MCLE compliant on timeevery year.

At our last meeting, the MCLE Commissioners reacted quite strongly to this information.They did not feel that a warning letter to these attorneys was sufficient. They suggestedthat we reach out to the Office of General Counsel to help formulate an appropriateresponse with appropriate consequences for DP abusers. One of their suggestions, andmy personal favorite, was to require an attorney requesting a 3rd successive DP to appearin person before Tony McLain to seek his approval of their next DP request. Since arepeated DP request will not have ripened into a disciplinary issue, we have all agreedthat the process needs to begin with the MCLE Commission.

With that in mind, Tripp Vickers and I have formulated this proposed plan:

1. Warning letters will be sent to attorneys who have requested and been granted 2deficiency plans in the last 3 years, to advise them of the new procedure.

2. A more strongly worded warning letter will be sent to attorneys who have alreadybeen granted 3 successive DP’s, advising them that they will be subject to a newprocedure if they request a DP next year.

3. Going forward, any attorney requesting a third successive DP would be given adate and time to appear before representatives of the MCLE Commission and arepresentative of the Office of General Counsel to show cause why anothersuccessive DP should be granted. (There are a sufficient number of MCLECommission members locally who would be able to fulfill this function, andTripp has kindly agreed to assist us.) The attorney would then be notified inwriting of the panel’s decision to grant another DP or to make a referral to OGC.

It is our belief that, after the first year, the number of successive requests for DP’s will begreatly reduced. Given that this would be a new role for MCLE Commission, we thoughtit prudent to seek your approval for this new procedure.

M E M O R A N D U M

TO: ASB Board of Bar CommissionersRichard J. R. Raleigh, Jr., Esq., ASB PresidentJ. Anthony McLain, Esq., ASB General CounselKeith B. Norman, Esq., ASB Executive DirectorTeresa G. Minor, Esq, Chair, MCLE CommissionJohn E. Vickers, III, Esq., Associate General Counsel

FROM: Angela Parks, Esq., Director of Regulatory Programs

DATE: September 2, 2014

RE: MCLE Deficiency Plans

Supplemental to the memorandum dated June 5, 2014, a copy of which is attached hereto, Ipresent for approval by the Board of Bar Commissioners the proposed addition of MCLERegulation 8.6:

“In order to make a showing of good cause pursuant to MCLE Rule 8.E, an

attorney requesting successive deficiency plans shall appear before a panel

consisting of the MCLE Director, a representative of the MCLE Commission,

and a representative of the Office of General Counsel to explain why a further

deficiency plan should be granted. The attorney shall be notified in writing of

the decision of the panel.”

MINUTES

ALABAMA STATE BAR FOUNDATIONBOARD OF TRUSTEES MEETING

Coral Ballroom AHilton SandestinDestin, Florida

Wednesday, July 9, 2014

1. CALL TO ORDER

Foundation President Anthony Joseph convened this meeting of the Alabama State BarFoundation Board of Trustees in Coral Ballroom A of the Hilton Sandestin, Destin,Florida.

2. ROLL CALL

The secretary-treasurer called the roll of the Board of Trustees and the following trusteeswere present:

Halron W. Turner Christy Crow Jana Russell GarnerHays Webb William H. Broome Emily L. BaggettRocky Watson Leslie R. Barineau S. Greg BurgeAshley Swink Fincher Robert G. Methvin, Jr. Augusta S. DowdAllison O. Skinner Brannon Buck Derrick A. MillsL. Kenneth Moore Ralph E. Holt Henry A. Callaway, IIIJames Rebarchak George R. Parker J. Flynn MozingoCole Portis Lee H. Copeland Donald RheaTaylor T. Perry, Jr. Anne Malatia Glass Robert L. Bowers, Jr.R. Clifford Mendheim James Eric Coale Thomas B. AlbrittonTazewell T. Shepard, III John A. Brinkley, Jr. John Earl PaluzziDaryl Burt Allan Chason Sam IrbyRobert L. Rumsey Monet M. Gaines H. Thomas Heflin, Jr.Lee F. Knowles Sharon H. Hester William T. ChapmanJohn M. Plunk Jeanne Dowdle Rasco Scott L. McPhersonDiandra D. Zimmermann Cooper Shattuck Meredith S. PetersRebecca DePalma Alicia F. Bennett Kira Fonteneau

The following trustees were absent:

Jerry L. Thornton Charles G. Reynolds, Jr. Terri O. TompkinsBarry A. Ragsdale Teresa G. Minor Thad Yancey, Jr.Clay A. Lanham Juan Ortega James R. BeairdLes Pittman Jeffery C. Duffey William Randall MayJulia C. Kimbrough Rebekah K. McKinney F. Patrick LoftinJerry Wayne Baker, Jr. Erskine R. Funderburg, Jr. Jason P. KnightChristy Williams Graham Roger W. Pierce Stephen M. KennamerGregory Varner

2

3. APPROVAL OF THE MINUTES OF MAY 2, 2014 ALABAMA STATE BARFOUNDATION BOARD OF TRUSTEES MEETING

President Joseph stated that the minutes of the Board of Trustees meeting for May 2,2014 had been transcribed and submitted to the board in advance of the meeting. Heasked if there were any corrections, additions or deletions. There were none.

TRUSTEE RHEA MOVED TO APPROVE THE MAY 2, 2014 MINUTES OF THEALABAMA STATE BAR FOUNDATION BOARD OF TRUSTEES MEETING. THEMOTION WAS SECONDED AND THE MINUTES WERE APPROVED BYUNANIMOUS VOICE VOTE.

4. FY REPORT 2014 – THIRD QUARTER

The secretary-treasurer reviewed the financial report for the third quarter of FY14.Following his report, he asked if there were any questions and there were none.

5. ELECTION OF OFFICERS FOR THE 2014-2015 FOUNDATION YEAR

President Joseph stated it was necessary to elect new officers for the new foundationyear. He stated that Rich Raleigh was nominated for president and Keith Norman assecretary-treasurer.

TRUSTEE PLUNK MOVED TO CLOSE NOMINATIONS AND TO ELECT ASFOUNDATION PRESIDENT FOR 2014-2015 YEAR, RICH RALEIGH AND ASSECRETARY-TREASURER KEITH NORMAN. THE MOTION WAS SECONDEDAND APPROVED BY VOICE VOTE.

6. ADJOURNMENT

President Raleigh asked if there was any further business to come before the Board ofTrustees. There being none, a motion was made and seconded to adjourn. The motionwas approved.

____________________________________Anthony A. Joseph, PresidentAlabama State Bar Foundation2013-2014

____________________________________Richard J.R. Raleigh, Jr., PresidentAlabama State Bar Foundation2014-2015

ATTEST:

____________________________________Keith B. Norman, Secretary-TreasurerAlabama State Bar Foundation