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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
MAY 3, 2007 MEETING MINUTES

The MSBA Appellate Practice Section Council meeting was held at noon on May 3, 2007, at the MSBA offices in Minneapolis. The section chair, Kate McBride, led the meeting. The following topics were discussed:

Treasurer's Report. Sherri Hawley reported that the section's balance at the end of March 2007 was $4,543.61.

Practicelaw.org Committee. Louise Behrendt reported that of the five students from the University of Minnesota that agreed to update the articles on practicelaw.org, four have been completed. She anticipated that the section members will have proofread the articles by mid to late May, at which time they will be submitted to the MSBA to be added to the website. Louise Behrendt also reported that she found an article written by Tom Boyd entitled Minnesota's Pro Bono Appellate Program: A Simple Approach that Achieves Important Objectives, which was written for the Fall 2004 issue of The Journal of Appellate Practice and Process, a publication of the William H. Bowen School of Law of the University of Arkansas. She obtained permission from the University of Arkansas to post the article on practelaw.org.

Nominating Committee. Kate McBride provided the list of nominees for the council for 2007-2008. They are: Diane Bratvold for Chair, Sherri Hawley for Vice-Chair, and Steve Buterin for Secretary/Treasurer. John Baker, Jim Simonson, and Ken White will all be nominated to serve a second term on the council. Robin Wolpert is nominated to fill the vacancy left by Steve Buterin's move to secretary/treasurer. Kathleen Ghreichi is nominated serve the remaining year on Ken Bayliss' term. Kate McBride will email the nominations list to the section members and voting will occur at the annual dinner.

Annual Dinner. The annual dinner will be held May 10, 2007, at Bella Notte in Minneapolis. Retired Justice John Simonett will be the guest speaker. Jim Simonson has acquired a copy of the PBS series on the History of the Supreme Court to be given as a speaker appreciation gift. Kate McBride reported that only 20 people have registered so far. Kim Basting will send an email reminder to the section. The section is required to spend at least $3,000.00 at the dinner. Kate McBride will look at whether it might be necessary to adjust the menu to satisfy this obligation, if registrations do not significantly increase before the dinner.

Request to Contribute to MSBA Mock Trial Program. Steve Buterin moved to contribute $500.00 to the MSBA Mock Trial Program. The motion carried. The council agreed that next year consideration will be given to whether a committee should be formed to look at other opportunities for donation, specifically for programs more related to appellate practice.

Post-Trial Motion Rule. John Baker will look at the deadlines for getting comments to the rules committees with an eye toward addressing issues surrounding post-trial motions that are not currently addressed in the rules. He will also consider which committee to approach: the committing revising the Rules of Civil Procedure or the committee revising the Rules of General Practice

Next meeting. The next meeting will be held on September 6, 2007.

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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
APRIL 5, 2007 MEETING MINUTES

The MSBA Appellate Practice Section Council meeting was held at noon on April 5, 2007, at the MSBA offices in Minneapolis. The section vice-chair, Diane Bratvold, led the meeting. The following topics were discussed:

Treasurer's Report. Sherri Hawley reported that the section's balance at the end of January 2007 was $4,064.87.

Practicelaw.org Committee. Louise Behrendt reported (and Mike Trittipo demonstrated) that the improvements to the website are now up and running. 5 students from the University of Minnesota have agreed to update the articles that have not been updated. Section members will proofread the articles before they are submitted to the MSBA to be added to the website. The goal for completing the updates is the end of May. The section roster is also now available on the site. Renee agreed to send a notice to section members letting them know they should check out the new changes.

Nominating Committee. Tom Boyd reported as chair of the nominating committee for the 2007-2008 season. He stated that 4 council members are at the end of their first term and all 4 will be nominated to serve a second term. We need to fill the vacancy left by the resignation of Ken Bayliss and will also need to fill the vacancy left by whoever takes the position of Secretary/Treasurer. A slate of candidates will be presented at the next meeting and the section will vote on the slate at the Annual Dinner.

Annual Dinner. The annual dinner will be held May 10, 2007, at Bella Notte in Minneapolis. Retired Justice John Simonett will be the guest speaker. Kate McBride will choose the final menu and Diane Bratvold will get a notice out to the section. John Baker has agreed to obtain a gift for Justice Simonett.

Pro Bono Committee. Tom Boyd told a story of victory, where a volunteer's brief resulted in the Department reinstating benefits prior to oral argument.

Upcoming Opportunities. St. Thomas Law School is in need of appellate writing instructors for the fall. The 8th Circuit Judges Conference will be held in Chicago next year.

Request to Contribute to MSBA Mock Trial Program. The council discussed whether to contribute to the Mock Trial program and, if so, how much. Steve Buterin moved to contribute $500.00. The council agreed to table the motion until the next meeting, to determine how much money is left in the budget after expenses for the annual dinner are paid.

Next meeting. The next meeting will be held on May 3, 2007.

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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
MARCH 1, 2007 MEETING MINUTES

The MSBA Appellate Practice Section Council meeting was held at noon on March 1, 2007, at the MSBA offices in Minneapolis. The chair, Kate McBride, led the meeting. The following topics were discussed:

Meeting Minutes: The minutes from the February 2, 2007 Council meeting have been posted and circulated, and were approved by motion.

Treasurer's Report. In Sherri Hawley's absence, Diane Bratvold provided the report. Although the written report was not available, the section's balance remains in excess of $2500. A more precise report will be made at next month's meeting.

Continuing Legal Education Committee. The Council discussed the CLE sponsored on February 20, 2007 seminar, "Minnesota Court in Review," with a report given by Peter Gray. Chief Judge Toussaint, Judge Kevin Ross, and Justice Paul Anderson made presentations. The CLE was well attended. Peter noted that the judges commented that the late February time frame is a good one and they welcome invitations to present on an annual basis.
Louise Dovre Bjorkman suggested that next year the section might was to do a joint program with Ramsey County and offered to explore this idea.

Website and Practicelaw.org Committee. Louise Behrens provided an update. The changes recently circulated by email to council members are expected to be available on the internet in early April. Although the committee had hoped to post materials used at a recent CLE, Minnesota CLE has indicated that the materials would have to be reformatted. The committee continues to work on updating the other materials posted on practicelaw.org and is exploring contacts with law students to update materials.

Appellatetalk: email listserve. The listserve is available to members. Kate McBride noted an email communication by one member discussing concerns about proper use of the listserve. The listserve is public and no confidential communication is possible. The existing guidelines were reviewed and discussed.

Annual Dinner. Kate McBride reported on the planning in progress for the Annual Dinner, scheduled on May 10, 2007 at Bellanotte in Minneapolis. The event will include a social hour and an annual meeting. Retired Justice Simonett will present remarks after dinner. The council agreed that a "save the date" notice should go to members.

Pro Bono Committee. Tom Boyd reported that two cases have been recently referred to the section and volunteer attorneys were found for both.

Post-decision Motion Deadlines. The council discussed the lack of rules relating to the filing and service of briefs regarding post-decision motions. Currently, the briefing deadlines for dispositive and non-dispositive motions in the General Rules of Practice expressly exclude post-decision motions. As a result, there is a lack of certainty about when to file briefs and some filing immediately before the hearing date.

The council discussed generating discussion among members on the listserv and, later, making a proposal to the Supreme Court Rules Committee.

Request to Contribute to MSBA High School Mock Trial Program. Kate McBride discussed a written request for a contribution. Renee Anderson agreed to determine the cost of last year's annual dinner so the council could anticipate the section's balance and consider a contribution.

Other Business. None.

 

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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
FEBRUARY 1, 2007 MEETING MINUTES

The MSBA Appellate Practice Section Council meeting was held at noon on February 1, 2007, at the MSBA offices in Minneapolis. The section chair, Kate McBride, led the meeting. The following topics were discussed:

Treasurer's Report. Sherri Hawley reported that the Financial Activity Report for January 2007 had not yet been provided by the MSBA but that the section's balance at the end of November 2006 was $4,030.28.

CLE Committee. Louise Bjorkman reported that the CLE on January 26, 2006 attracted over 160 people. It had not yet been determined whether any new members were added to the section as a result of the CLE. The section members who attended the CLE were very pleased with its quality. Judge Bruce Willis reported that he has heard good comments about the program. The council agreed that it should continue to have a full-day CLE either annually or every other year.

The "Year in Review" CLE is scheduled for February 20, 2007 and will be held at the law firm of Rider, Bennett. Justice Anderson, Judge Toussaint, and Judge Ross will be the presenters at the two-hour program.

Practicelaw.org Committee. Nancy Hupp from the MSBA attended the meeting and demonstrated a mockup of the section's practicelaw.org site. New links and CLE materials have been added to the site. Additional materials will continue to be added, under the direction of Louise Behrendt, chair of the committee.

Annual Dinner. The date for the annual dinner has been set for May 10, 2007, at Bella Note in Minneapolis. Retired Justice John Simonett will be the guest speaker. The time, cost and topic for the dinner will be determined by the committee. Sherri Hawley will notify Minnesota Women Lawyers of the date, to try and avoid other organizations from scheduling conflicting events.

Pro Bono Committee. Tom Boyd requested that section members send him an email if they receive a request for pro bono appellate representation. It was discussed that it might be beneficial to litigants and the pro bono program if the Court of Appeals, at some stage of the appellate process, would advise litigants about the availability of the pro bono program. This possibility will be discussed with the clerk of court.

March meeting. The March meeting will be held on March 1, 2007.

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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
JANUARY 4, 2007 MEETING MINUTES

The MSBA Appellate Practice Section Council meeting was held at noon on January 4, 2007, at the MSBA offices in Minneapolis. The section chair, Kate McBride, led the meeting. The following topics were discussed:

Treasurer's Report. Sherri Hawley reported that the section's balance at the end of November 2006 was $4,030.28.

CLE Committee. The council decided that section membership forms should be available at the January 26, 2007 CLE's reception. The council also discussed hosting an annual update CLE in February.

Practicelaw.org Committee. Louise Behrendt, chair of the committee, is continuing to work with Nancy at the MSBA regarding navigation of the website. A mockup should be ready by the next meeting.

Listserve. The MSBA will be setting up a listserve for the section.
Roster. The section roster is now available on the website and the entire directory is available online. The roster lists section members by name and city only. A link for the directory is at the top of the page.

Annual Dinner. The planning committee was formed and consists of: Paula Vraa, Diane Bratvold, Kate McBride, and Jim Simonson. The council decided that the dinner will be held in Minneapolis, possibly at Solera. Speaker ideas were discussed and included: (1) attorneys who argued the White case at the U.S. Supreme Court; (2) retired 8th Circuit Judge Heaney; (3) Justice Gildea or Judge Ross; (4) former justice Kathleen Blatz.

Law Student Networking Reception. On February 8, 2007, the MSBA will host a networking event for law students. Council members who are interested in attending should email Kate McBride. The reception will take place form 5:45 to 7:30 p.m. at the MSBA offices.

Council membership. Ken Bayliss has decided to resign from the council. The council decided to delay any new appointment until the 2007-2008 year.

December meeting. The next meeting will be held on February 1, 2007.

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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
DECEMBER 7, 2006 MEETING MINUTES

The MSBA Appellate Practice Section Council meeting was held at noon on December 7, 2006, at the MSBA offices in Minneapolis. The section chair, Kate McBride, led the meeting. The following topics were discussed:

Treasurer's Report. Sherri Hawley reported that the section's balance at the end of September 2006 was $3,543.30.

Pro Bono Committee. A very positive and recent article in the Minnesota Lawyer, which featured both Kate McBride and Tom Boyd, reportedly resulted in some new volunteers to handle pro bono cases.

CLE Committee. Louise Bjorkman reported that the brochures for the January 26, 2007 CLE are going to press this week. The CLE will be held at the MinnCLE conference center. The council decided to continue the tradition of the annual appellate update in either February or March. Diane Bratvold agreed to work on arrangements for this CLE.

Practicelaw.org Committee. Louise Behrendt, chair of the committee, is working with Nancy at the MSBA regarding navigation of the website. A mockup should be ready by the January meeting.

Listserve. Steve Buterin provided several examples of listerves or discussions groups he has used in the past. The council decided to have Mike Trittipo at the MSBA set up the listserve. Renee will also ask Mike whether it is possible to archive listserve emails and make them accessible through the practicelaw.org site.

Roster. Kim at the MSBA will be inputting names for the section's roster after the online directory is set up sometime this month.

Annual Dinner. The council agreed that the committee for planning the annual dinner should be formed soon.

New business. It was announced that the 8th Circuit Bar Association is looking for an additional board member from Minnesota.

December meeting. The December meeting will be held on January 4, 2007.

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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
OCTOBER 5, 2006 MEETING MINUTES

The MSBA Appellate Practice Section Council meeting was held at noon on October 5, 2006, at the MSBA offices in Minneapolis. The section chair, Kate McBride, led the meeting. The following topics were discussed:

Committees. Based on the addition of new members to the council, participation in the committees was discussed. New composition of the committees is as follows: Pro Bono - remained the same; Website/practicelaw.org - Louise Behrendt, John Baker, Sherri Hawley;

Membership - Steve Buterin, Charlie Maier, Karl Robinson; CLE - Louise Bjorkman, Kate McBride, Diane Bratvold, and possibly Bruce Jones. As in prior years, committees for special events will be compiled as the need arises.

Pro Bono Committee. Tom Boyd reported that the pro bono committee is hosting a CLE on November 8, 2006 from 12:00 to 2:30 regarding the handling of appeals in unemployment compensation cases. The council decided that a fee of $25 would be charged to cover the cost of lunch for attendees. The CLE will address the unemployment compensation process, statutes, cases, and appellate procedure. It will also provide tips for handling appeals and client consultations, as well as what do when the case does not appear to have merit. Increased participation in the pro bono project is anticipated as a result of the CLE.

Publication of Roster. The council learned that the chair of any MSBA section has the ability to request a full roster of their section but that the chair would be directed to not redistribute the list. It is possible to list the names of all section members on the website and to include a link to the MSBA directory that would allow information seekers to access the rest of the information that any section member has authorized the MSBA to include in its directory.

Judicial elections. The council decided to take no action regarding judicial elections during the 2006 campaign season, based on the shortage of time before the elections and a lack of consensus about what action should be taken. Additional discussions will be commenced prior to the 2008 election season.

Treasurer's Report. Sherri Hawley reported that the section's balance at the end of July 2006 was $2,899.97.

Development of Full Day Appellate Practice CLE. Discussions with MinnCLE have been productive and specific details for the CLE, which will include breakout sessions, are being developed.

November Meeting. The November meeting of the section will be held on November 9, rather than November 2, due to a conflict with a CLE being presented by members of the council.

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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
SEPTEMBER 7, 2006 MEETING MINUTES

The MSBA Appellate Practice Section Council meeting was held at noon on September 7, 2006, at the MSBA offices in Minneapolis. The chair, Kate McBride, led the meeting. The following topics were discussed:

New Council Members. New and existing members of the council gave brief introductions of themselves. It was decided that the method of paying for lunch will continue, and council members signed up to be responsible for paying for lunch in certain months.

Pro bono committee. Discussion was had regarding expansion of the appellate pro bono committee's services. Tom Boyd discussed the fact that both family law and criminal law have been considered as possible expansion areas, but that neither seemed to be a good fit for the current program. Discussion was also had regarding involvement of the New Lawyers Section of the MSBA in the appellate pro bono section. There was support for another presentation of the program that trained attorneys to handle the pro bono appeals. The pro bono committee will meet to address whether the program should be expanded to other areas of the law, whether the New Lawyers Section should be solicited to participate, whether mentoring can be offered in conjunction with handling a pro bono appeal, whether the program should be presented again, and whether there should be an email to the entire section seeking participation in the program.

Judicial elections. Discussion was had regarding what role, if any, the section should have regarding judicial elections. Kate McBride will forward by email to the council the selection and retention criteria for appellate judges that was previously created by the section, seeking feedback from the council members. The issue will be addressed again at the October meeting.

Treasurer's Report. Sherri Hawley reported that the section's balance at the end of the 2005-2006 session was $12.47.

Development of Full Day Appellate Practice CLE. Discussions with MinnCLE have been productive and specific details for the CLE, which will include breakout sessions, are in the being developed.

Welcome Reception/Annual Meeting/Dinner. Diane Bratvold and other committee members reported on the second Annual Dinner scheduled for May 10 at the Commodore Hotel in St. Paul. The welcome reception, honoring Judge Ross and Justice Gildea, will begin at 5:30 p.m., with a section meeting at 6:15 p.m., and a dinner to follow with remarks by Justice Paul Anderson. Registration as of May 4 was at 29. MSBA staff was asked to send out a final notice/last chance to register. Tom Boyd suggested purchasing a thank you book for Justice Paul Anderson and comments by committee members agreed with the suggestion.

Membership Committee. No report at this time.

Practicelaw.org Committee. Updates to the website are on going. Authors are encouraged to bring materials up-to-date as well are provide feedback on the web site. An MSBA representative may provide updated information on the website at the November meeting.

By-law Changes. Kate McBride reported that the proposed amendments to the by-laws were approved at the Annual Meeting.

Other Business: Steve Buterin, section representative for the MSBA General Assembly, reported that a proposal for CLE credit to be awarded certain pro bono work will be presented to the General Assembly at its next meeting on September 15, 2006. Kate McBride will develop a list of the section's committees to allow current and new members to decide what committees to participate in this year. Renee Anderson will look at other sections and/or MSBA policy regarding access by section members to the contact information of other section members.

November Meeting. The November meeting of the section will be held on November 9, rather than November 2, due to a conflict with a CLE being presented by members of the council.

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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
MAY 4, 2006 MEETING MINUTES

The MSBA Appellate Practice Section Council meeting was held at noon on May 4, 2006, at the MSBA offices in Minneapolis. The chair, Tom Boyd, led the meeting. The following topics were discussed:
Meeting Minutes: The minutes from the April 6, 2006 Council meeting have been posted and circulated, and were approved by motion.
Treasurer's Report. Diane Bratvold provided the recent monthly financial report that shows an end of March balance of $2,322.83. Monthly expenses were $433.13 including CLE meeting notices, set-up, and catering expenses. The monthly revenue for March 2006 - registration fees from the second of two CLEs - covered the cost of the CLE.
Development of Full Day Appellate Practice CLE. No report at this time.
Welcome Reception/Annual Meeting/Dinner. Diane Bratvold and other committee members reported on the second Annual Dinner scheduled for May 10 at the Commodore Hotel in St. Paul. The welcome reception, honoring Judge Ross and Justice Gildea, will begin at 5:30 p.m., with a section meeting at 6:15 p.m., and a dinner to follow with remarks by Justice Paul Anderson. Registration as of May 4 was at 29. MSBA staff was asked to send out a final notice/last chance to register. Tom Boyd suggested purchasing a thank you book for Justice Paul Anderson and comments by committee members agreed with the suggestion.
Nominating Committee. Erica Strohl reported on behalf of the committee. Erica noted that the committee includes two lawyers not presently on the council - Karen Cole and Peter Berge. Further, the council has ten openings. As of May 4, ten nominations had been received; all nominees are new to the council. Because nominations remain open until May 5, Erica noted that the committee would discuss nominations after nominations close.
The position of secretary/treasurer had received no nominations. Council members were encouraged to step forward and Sheri Hawley accepted the nomination. The final recommendations of the nominating committee and the election will occur at the Annual Meeting.
Membership Committee. No report at this time. The committee discussed the need to analyze how to increase out state membership in the section and participation on the council. One suggestion was to contact Fred Grittner, Clerk of Appellate Courts, to get a list of out state attorneys who appear frequently before the court of appeals and supreme court.
Practicelaw.org Committee. Updates to the website are on going. Authors are encouraged to bring materials up-to-date. Authors and section members are urged to provide feedback on the web site.
Pro Bono Committee. Tom Boyd reported that the committee's task for next year would be to consider expanding the program while continuing to conduct the program for unemployment compensation appeals. Tom also reported on a recent inquiry from a Texas lawyer who was interested in starting a similar program. Texas, which has an appellate certification process, is seeking to expand opportunities for appellate experience. Tom confirmed that Minnesota appellate lawyers have noted this benefit from the pro bono program.
By-law Changes. The proposed amendments to the by-laws were circulated to members along with the notice of the Annual Meeting. The vote will be taken at the meeting.
Other Business: Steve Buterin, section representative for the MSBA General Assembly, reported that the Assembly passed a decrease in administrative fees that will be charged to sections by MSBA staff members. The Assembly eliminated the $3/member annual fee, which last year amounted to $429 for this section. The Assembly also eliminated the hourly fee for staff services. Steve noted that the Assembly requests that all sections consider reducing section fees to reflect this reduction in costs. The council discussed a reduction, first noting that this section's fee is in the mid-range among all sections. In light of the section's tentative plan for additional programming in 2006-07 -i.e., an all day CLE - the council decided to revisit the reduction in fees next year.
Tom Boyd reported that the section had received a request for a contribution to the MSBA mock trial program for high school students. Several council members spoke in favor of a contribution, but noted some uncertainty about the section's balance in light of the commitment to sponsor the Judicial Reception/Annual Meeting/Dinner. Further discussion of the contribution was tabled until the council's next meeting on June 1, 2006.

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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
APRIL 6, 2006 MEETING MINUTES

The MSBA Appellate Practice Section Council meeting was held at noon on April 6, 2006, at the MSBA offices in Minneapolis. The chair, Tom Boyd, who was out-of-town, led the meeting by telephone. The following topics were discussed:
Meeting Minutes: The minutes from the March 2, 2006 Council meeting have been posted and circulated, and were approved by motion.
Treasurer's Report. Diane Bratvold provided the recent monthly financial report that shows an end of February balance of $2,303.46. Monthly expenses were $782.39 including CLE meeting notices, set-up, and catering expenses. The monthly revenue for January 2006 - registration fees for two CLEs - covered the costs of the CLEs.
Tom Boyd noted that MSBA Member Services Subcommittee, and a Task Force on Section Services, each met to review the current policy of recouping funds from sections to pay for administrative services. Each group presented a recommendation to the MSBA Operations Committee, which voted to recommend the elimination of the fees. This recommendation will go to the Assembly in April. The Operations Committee noted that some sections might want to decrease dues if the change goes through. Sections have until May 15 to notify the MSBA of any changes in dues.
Development of Annual Appellate Practice CLE. No report at this time.
Welcome Reception/Annual Meeting/Dinner. Diane Bratvold and other committee members reported on the planning in progress for a second Annual Dinner. Although originally planned for May 9, the event has been changed to avoid conflict with other bar events.
The section event will occur on May 10 at the Commodore Hotel in St. Paul. The welcome reception, honoring Judge Ross and Justice Gildea, will begin at 5:30 p.m., with a section meeting at 6:15 p.m., and a dinner to follow with remarks by Justice Paul Anderson.
Membership Committee and Practicelaw.org Committee. No report at this time.
Pro Bono Committee. Tom Boyd reported on the survey of members. Eighteen responses were received, all positive. The primary message was that the unemployment appeals programs works and perhaps should be expanded to include other types of appeals.
By-law Changes. Larry Hammerling reported on possible by-law changes, which conform the section by-laws to actual practice. Although some of the proposed amendments were approved at last year's annual meeting, the changes were not forwarded to the MSBA for their approval and final adoption. In Larry's opinion, the only substantive change is to Article 6 because the MSBA has recommended eliminating the requirement that the Secretary/Treasurer prepare a budget. The financial services provided by the MSBA probably make this task unnecessary and, for the appellate section, the funds are allocated among various CLE programs and welcome receptions. A few additional changes were discussed, including some proposed by Brad Clary. Larry agreed to incorporate the changes so the proposed by-laws could be circulated to members along with the notice of the Annual Meeting. The vote will be taken at the meeting.
South Dakota. The council discussed briefly report on South Dakota's "Judicial Accountability Initiative Law," which has been written up in Judicature.
LAD proposal. An update about the LAD proposal - "CLE Credit for Pro Bono" - was discussed. The proposal has been revised and will go to the June MSBA Assembly. The section is taking no position on the proposal.
Other Business: Erica Stohl was appointed chair of the Nominating Committee and will identify two others from outside the council to assist in identifying and receiving nominations for open positions on the council. The elections will take place at the Annual Meeting. Tom indicated that he would check with some council members who have not attended meetings to determine whether they are interested in continuing to serve on the council.
The section's assembly representative is Steve Buterin, with Larry Hammerling as alternate. Tom thanked both council members for their service; both agreed to continue in their positions. The motion to continue their appointments was seconded and passed.

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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
MARCH 2, 2006 MEETING MINUTES

The MSBA Appellate Practice Section Council meeting was held at noon on March 2, 2006, at the MSBA offices in Minneapolis. The chair, Tom Boyd, led the meeting. The following topics were discussed:
Meeting Minutes: The minutes from the February 2, 2006 Council meeting have been posted and circulated, and were approved by motion.
Treasurer's Report. Diane Bratvold provided the recent monthly financial report that shows a balance of $2,480.13 for the six months ending December 31, 2005. Monthly expenses were $406.48 including meeting notices, set-up, and catering expenses, as well as a contribution to the Katrina Fund. The six-month statement does not reflect payment for the December judicial reception. The April meeting should include a more recent financial report.
Proposed Rule Change: CLE Credit for Pro Bono Services. No action is needed at this time.
Continuing Legal Education Committee. The Council discussed the CLE sponsored on February 24, 2006 seminar. Retired Justice Stringer, Bill Hart, Kay Nord Hunt, and Sharon Van Dyck spoke on the collateral order doctrine and the role of amicus curiae. The CLE was well attended and the advanced appellate topic generated a good discussion. The committee noted that, in the past, the registration fee has covered the lunch provided during the CLE.
Louise Dovre Bjorkman and Bruce Jones discussed organizing a full day CLE in conjunction with Minnesota CLE. Judge Lansing has endorsed the idea and offered to help. The committee is currently attempting to address cost, timing, and location. Tentatively, the goal is to present the seminar Fall 2006.
Annual Dinner. Diane Bratvold reported on the planning in progress for a second Annual Dinner. No further details have been finalized. The committee will continue planning and report again at a future meeting of the Council.
Membership Committee and Practicelaw.org Committee. The committee reported that MSBA staff has contacted authors of the materials currently posted on the website and asked for updates. Updates are due to the MSBA by March 15, 2006. The new materials are expected to significantly improve the web site.
The Council discussed whether a membership incentive could be prepared by the committee and circulated to new members. While the MSBA Civil Litigation Section did this with a book on the statute of limitations, the volume was time-consuming to prepare and expensive to publish. The Council discussed whether a more simple and less-expensive aid was practical, for example, an updated tri-fold guide to the appellate process, as previously published by Minnesota CLE.
Pro Bono Committee. Tom Boyd reported that the survey to members is ready to go out. While the unemployment appeals program is currently in place, the committee hopes to gather data to share in making future changes in the program.
Bylaw Changes. Larry Hammerling expects to report on possible by-law changes at a future meeting.
Other Business: The Council discussed the amount of annual membership dues; currently, the dues are $25. After some discussion, the council took no action.
The Nominating Committee will soon begin working for next year's appointments. MSBA staff promised to circulate a roster so the number of vacancies could be determined.
Bruce Jones discussed information he had received from the South Dakota Bar Association about a ballot measure that would potentially go to the voters in the Fall 2006. The initiative would create a grand jury mechanism for review of complaints about the judiciary. The Council generally discussed the subject and noted that the MSBA home page has a link to internet resources about judicial independence.

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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
FEBRUARY 2, 2006 MEETING MINUTES

The MSBA Appellate Practice Section Council meeting was held at noon on February 2, 2006, at the MSBA offices in Minneapolis. The vice chair, Kate McBride, led the meeting. The following topics were discussed:
Meeting Minutes: The minutes from the January 5, 2006 Council meeting have been posted and circulated, and were approved by motion.
Treasurer's Report. Diane Bratvold provided the recent monthly financial report that shows a balance of $2,480.13 for the six months ending December 31, 2005. The section has made its contribution of $300.00 to the MSBA Katrina Relief Fund. The six-month statement does not reflect payment for the December judicial reception.
Proposed Rule Change: CLE Credit for Pro Bono Services. The Council received a written report from and had a question-and-answer session with Caroline Palmer, MSBA Pro Bono Development Coordinator for the MSBA. The LADD ("Legal Assistance to the Disadvantaged") Committee of the MSBA is circulating a proposal for comment by other committees before presenting the proposal to the MSBA Policy Committee, and eventually the Assembly.
The current proposal provides CLE credit for "eligible" pro bono legal services; eligible is specifically defined. A maximum of six (6) credit hours during any one reporting period may be granted to participating lawyers who provide the appropriate documentation. An attorney could apply for one hour of CLE credit for every 6 hours of eligible pro bono legal service. Six other states have adopted similar rules allowing CLE credit for pro bono services. After a number of questions and comments by Council members, Ms. Palmer indicated that she would consider the Council's comments, in conjunction with comments by other committees, discuss them with LADD, and report again to the section Council.
Continuing Legal Education Committee. Erica Strohl reported on the CLE sponsored by this section on January 26, 2005. The seminar, "A Year in Review," discussed significant decisions at the Minnesota Court of Appeals and included comments by Judge Dietzen and Judge Wright. The seminar was well attended. It was agreed that the practicelaw.org website should have a link to the written materials provided by the court.
Kate McBride reported on the CLE scheduled for February 24, 2006 seminar. Retired Justice Stringer, Bill Hart, Kay Nord Hunt, and Sharon Van Dyck have agreed to speak on the collateral order doctrine, and the role of amicus curiae.
Louise Dovre Bjorkman and Bruce Jones discussed interest in organizing a full day CLE in conjunction with Minnesota CLE or MILE. They recognized that cost is a factor and planned to gather additional information and report at a future meeting of the Council.
Annual Dinner. Diane Bratvold reported on the planning in progress for a second Annual Dinner. The dinner will include a judicial welcome reception and have a CLE component with a speaker, probably from our state appellate court. The dinner will be held in St. Paul, probably in May. The committee will continue planning and report again at a future meeting of the Council.
Membership Committee. The committee reported that it has discussed various strategies to increase membership. Newsletters are time consuming and do not appear to significantly increase membership. Paula Vraa, in conjunction with other committee members, has identified Minnesota law firms from the "top 100 list" (i.e., by size) who do not currently have members with this section. The committee is still discussing effective ways to contact these firms.
Kate McBride noted that the Council should decide whether to increase the annual dues for members. Jacqueline McGlamery indicated that the current dues are $25, similar to eight other MSBA sections. Five other sections have dues currently set at $25-$30. An increase in dues would allow increased programming for members, but it may deter some from joining the section. The MSBA deadline for a decision is March 15, 2006. The Council will discuss this item again at its next meeting.
Website and Practicelaw.org Committee. Sherri Hawley reported that the MSBA staff is contacting authors of the materials currently posted on the website and asking for an update. Updates are due to the MSBA by March 15, 2006. The new materials are expected to significantly improve the web site.
Bylaw Changes. Larry Hammerling has agreed to look into a number of possible by-law changes and report to the Council at a future meeting.
Other Business: None.

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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
January 5, 2006 Meeting Minutes

The MSBA Appellate Practice Section Council meeting was held at noon on January 5, 2006 at the MSBA offices in Minneapolis. The Chair, Tom Boyd, led the meeting. The following topics were discussed:
Meeting Minutes. The minutes from the December 1, 2005 Council meeting, having been posted and circulated, were approved by motion.
Treasurer's Report. Tom Boyd presented the recent monthly financial report that shows for the month period ending November 30, 2005, the Section has a balance of $2,891.11. It was noted that the Section's $300.00 donation to the Katrina Relief Efforts has not yet been reflected in the financial statements, and will likely appear in the report for the period ending December 31, 2005. Additionally, it was noted that we have not yet paid for the expenses relating to the appellate judges reception which took place in December.
Appellate Judges Reception. The Council was very pleased with how successful the December 7 reception for the appellate judges went in all respects. Louise Dovre Bjorkman, Erica Strohl, and Andrea Reisbord were recognized and thanked for the wonderful job they did in planning and putting together this very successful reception.
Chief Justice Blatz' Dinner. It was noted that the reception and dinner honoring retiring Chief Justice Blatz is set for the evening of January 5, 2006. The event promises to be a highly successful affair. Tom Boyd reported that, as part of the planning efforts, he prepared an email and authorized the $10.00 expense incurred in transmitting that email to the Section members encouraging them to attend the event honoring Chief Justice Blatz.
Continuing Legal Education Committee Report. Erica Strohl reported on the status of the upcoming CLE programs. Specifically, Judge Christopher Dietzen and Judge Wilhelmina Wright will be presenting the appellate year in review program on January 26, 2006. There will be a more advanced program on appellate practice which will include the Honorable Edward Stringer, Bill Hart, Kay Nord Hunt, and Sharon Van Dyke which is scheduled for February 24, 2006. Both programs will take place in the MSBA offices in Minneapolis. The CLE committee will be transmitting notice of year in review program via email to the Civil Litigation, Family Law, and Criminal Law Sections, in addition to the members of our own Section, on an experimental basis to see whether this will result in a higher attendance at the program.
Year end Annual Meeting. The Council is inclined to schedule a year end meeting and perhaps hold the meeting in St. Paul. Tom Boyd, Steve Buterin, and Jim Simonson agreed to serve on a committee to help develop plans for the year end meeting and to make a presentation on those plans at the next Council meeting in February.
Membership Subcommittee Report. There was no new information to report. The committee will provide an updated report at the Council meeting in February.
Website and practicelaw.org Committee Report. Sherri Hawley reported that the rules of juvenile protection procedure had been posted on the Section's website. Jackie McGlamery and Nancy Hupp led a discussion on the current efforts to update the appellate practice materials and information on practicelaw.org. The members of the Council have been encouraged to forward ideas on information that members would find helpful, as well as ideas for additional lengths that might be added to this website.
Newsletter. The membership committee will give further consideration to the development of a newsletter for the Section.
Pro Bono Committee Report. Tom Boyd reported on the development of a Section member survey questionnaire to explore interest in pro bono appellate activities. The questionnaire is expected to be completed shortly and the survey will be conducted in the near future. It is hoped that there will be some data to present at the Council meeting in February.
Networking Session. Jackie McGlamery noted the upcoming Law Students Networking Session scheduled to take place at the MSBA's offices on February 7, 2006, from 5:00 p.m. to 7:00 p.m. Tom Boyd indicated that he would plan to attend on behalf of the Section. Any other Council members are also encouraged to attend if they are so inclined.

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MSBA'S Appellate Practice Council
December 1, 2005 Meeting Minutes

The MSBA Appellate Practice Section Council meeting was held at noon on December 1, 2005, at the MSBA offices in Minneapolis. The chair, Tom Boyd, led the meeting. The following topics were discussed:

1. Meeting Minutes
The minutes from the November 3, 2005 Council meeting have been posted and circulated, and were approved by motion.

2. Treasurer's Report
Diane Bratvold provided the recent monthly financial report that shows for the month ending October 31, 2005 the Section has a balance of $2,937.43.

Tom Boyd noted that the report did not yet reflect a distribution for the Hurricane Disaster Programs and discussed the need to authorize the distribution that the Council had voted in favor of at its November 3, 2005 meeting. Tom indicated he would authorize the distribution of $300.

3. Membership Committee
No new information to report. The committee is continuing to develop the ideas discussed at the November 3 Council meeting. December 7, 2005 Reception for Court of Appeals Judges. The Council generally discussed the upcoming reception in honor of the retirements of Judges Harten and Schumacher and the appointment of Judge Worke. Louise Dovre Bjorkman discussed the approved budget of $1000. The reception is scheduled to occur in conjunction with Annual Conference of Judges at the Bloomington Marriott. MSBA staff indicated they would send a reminder email on the Monday before the Thursday reception.

4. Continuing Legal Education Committee
Kate McBride reported on the February 24, 2006 seminar. Retired Justice Stringer, Bill Hart, Kay Nord Hunt, and Sharon Van Dyck have agreed to speak on the collateral order doctrine, the role of amicus curiae, and the appendix. The Council discussed the timing and method of notifying members and non-members about the February seminar. MSBA staff reported a cost of about $112 to send a single email to all members of appellate practice, civil litigation, family law, and criminal law sections. The seminar will have approximately a $25 registration fee; those who register for the seminar and enroll in the Appellate Practice Section will receive free membership for one year. MSBA staff agreed to look into obtaining CLE credit.

Council members discussed hosting a second seminar, "A Year in Review." In the past, Chief Judge Toussaint and Judge Wright have discussed the state of the court of appeals and significant decisions issued in the past year. Kate McBride agreed to inquire at the court to see whether it is possible to host this seminar in January 2006, probably the third week. This item will be discussed more fully at the January 5, 2006 meeting of the Council.

Louise Dovre Bjorkman renewed the suggestion that the Council should co-sponsor a "Nuts & Bolts of Appeals" seminar with the Family Law Section. The timing of the seminar would be May 2006 or possibly Fall 2006. Expense is a significant consideration. Bruce Jones indicated he would like to join Louise on a planning committee. This item will be discussed more fully at the January 5, 2006 meeting of the Council.
A possible second Annual Dinner was also discussed. The Annual Dinner in May 2005 was the first ever for the Appellate Practice Section and it included a CLE component. This item was also put on the agenda for the January 5, 2006 meeting of the Council.

5. Website and Practiclaw.org Committee
Sherri Hawley reported on her review of Practicelaw.org. First, a link to the appellate pro bono program should include information on the program and how to volunteer. Second, a link to the juvenile rules should be added. Third, existing information posted on the site is helpful, but probably needs to be updated. Jackie McGlamery indicated should would review these comments and follow up.

6. Pro Bono Committee
Tom Boyd stated he is still in the process of developing a questionnaire to circulate to members.

7. Other Business
The retirement dinner in honor of Chief Justice Blatz is scheduled for January 5, 2006 and hosted by the MSBA at the Depot in Minneapolis. More information is available on the MSBA web site.

A brochure was circulated for an appellate advocacy seminar in Phoenix, Arizona on March 9-10, 2006. The Defense Research Institute is sponsoring the seminar and more information and registration is available at www.dri.org.

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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
November 3, 2005 Meeting Minutes

The MSBA Appellate Practice Section Council meeting was held at noon on November 3, 2005, at the MSBA offices in Minneapolis. The meeting was led by the chair, Tom Boyd. The following topics were discussed:

1. Meeting Minutes. The minutes from the October 6, 2005 Council meeting have been posted and circulated, and were approved by motion.

2. Treasurer's Report. Tom Boyd provided a report on the recent monthly financial reports which reflect that, for the three months ending September 30, 2005, the Section has a balance of $2,910.23.

3. Membership Committee. Steve Buterin reported on the latest meeting of the Membership Committee. The purpose of the Membership Committee is to determine how and whether to increase membership for the Appellate Section. The Committee determined that the best approach to broaden membership may be to target the point person in each law firm that primarily handles the appellate practice of that firm. The Committee determined to take two action steps to start the process of increasing membership, including: (1) an e-mail to Section members concerning practicelaw.org; and (2) a review of a list of the state's largest law firms to determine if those law firms have someone at the firm who is a member of this Section. Other ideas were discussed, including whether a newsletter is feasible, creating a bibliography of appellate resources, creating a directory of appellate practitioners, adding links to the website, and other possibilities. The Committee will also work with Sherri, who is chairing the committee on practicelaw.org to coordinate the use and update of that website.

4. Continuing Legal Education Programs. Kate McBride and the CLE committee have decided that the Section will put on a CLE some time in late January/early February. The CLE will be primarily directed to appellate practitioners, and will address collateral orders, amicus briefs, and appendix issues. At this point, the proposed speakers at the CLE will be Justice Stringer, Sharon Van Dyke, Bill Hart and Kay Hunt. Some of the proposed speakers have not yet been confirmed.

5. Westlaw/Practicelaw.org Committee. Sherri Hawley will be working with the Membership Committee to discuss update and expansion of this website.

6. Pro Bono Subcommittee. Tom Boyd will be sending an e-mail to solicit who is willing to participate in any potential pro bono proposals that are adopted.

7. Judicial Receptions. At this point, there are two receptions that are planned. The first reception is for the retirement of Justice Blatz. Pat Kelly will be the chair for organizing the reception and dinner. At this point, it appears that the reception will be held on either January 5th or January 9th and possibly at the Railroad Depot in Minneapolis or the St. Paul Radisson.

The second reception is for the incoming and outgoing Court of Appeals judges and will be sponsored by our Section. At this point, the event is set for Wednesday, December 7th from 4:30 to 6:00 at the Bloomington Marriott. It will be held during the Annual Conference of Judges. The reception will be a welcome reception for Judge Renee Worke and to honor retiring Judges Harten and Schumacher. It is also possible that the new Court of Appeals judge may be named by that time, as well as the replacement for Justice Blatz.

There was a discussion about how much the event will cost and how to get notification to the Section membership. After discussion, it was determined that even with drinks and limited food, the reception could consume a large amount of the current funds available to the Section. There was a discussion whether to solicit donations from law firms to sponsor the reception or to ask another section to co-sponsor the reception. In addition, it is important to get out notice to the judges and the Section members.

8. Membership Communications. Tom Boyd noted that the previous discussion had already addressed this issue. This can be discussed in further meetings.

9. Revisions to the Uniform Arbitration Act. There is apparently a proposed bill to make changes to the UAA in Minnesota which may affect which orders are appealable.

10. Other Business. Bruce Jones gave an update on the issue of timing of post-trial brief and the lack of deadlines in the civil rules. Bruce Jones has written to the reporter for the Rules Advisory Committee on the issue, which was distributed at the Section meeting.

Bruce Jones also noted that because the Appellate Practice Section is now freestanding, any subgroups of that section should be referred to as "committees" rather than "subcommittees" and this has been done in these minutes.

11. Hurricane Disaster Programs. There was also a discussion as to whether the Appellate Practice Section should contribute some of their budget to hurricane disaster relief. There was considerable discussion on the size of our limited budget. Ultimately, the Council determined that it should contribute about ten percent of the budget, or $300, to the hurricane disaster relief, even though it is not a large contribution.

12. Clayton James Hanks. Tom Boyd reported that he had followed up with Judge Lansing to clarify whether Judge Lansing in a dissent involving Mr. Hanks had intended to direct Mr. Hanks to the Appellate Practice Section. Judge Lansing indicated that her dissent was not intended to do that.

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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
October 6, 2005 Meeting Minutes

The MSBA Appellate Practice Section Council meeting was held at noon on October 6, 2005 at the MSBA offices in Minneapolis. The meeting was led by the Chair, Tom Boyd. The following topics were discussed:

1. Meeting Minutes. The minutes from the September 1, 2005 Council meeting, have been posted and circulated, were approved by motion.

2. Treasurer's Report. Tom Boyd provided a report on the recent monthly financial reports which reflect that, for the two months ending August 31, 2005, the Section has a balance of $2,809.27.

3. Membership Subcommittee. Ken Bayliss suggested the Section should offer free one year membership for non members who sign up and pay the registration fee for our continuing legal education programs. It was noted this approach had been effectively used by other sections, including the Civil Litigation Section, as a way of generating increased membership. It was generally agreed this would be a good way to increase the membership. A motion to offer a free annual membership to non members who register for our CLE programs was made, seconded, and, following further discussion, voted on and approved.

4. Continuing Legal Education Programs. Kate McBride indicated she had spoken with Kay Hunt about putting together a CLE program on collateral orders. Kay Hunt agreed to assist with the planning and presentation of such a program, which may be coupled with one of the topics we have discussed at previous meetings. Kate McBride will provide further details at the next meeting.

5. Website/practicelaw.org Subcommittee. Tom Boyd reported that Sherri Hawley had graciously agreed to chair a subcommittee on the website and practicelaw.org. Larry Hammerling and Tom Boyd will work with Sherri Hawley on this committee. Jackie McGlamery noted that MSBA staff is in the process of reviewing and undertaking to update various features on practicelaw.org, and that they would benefit from input from the members of this subcommittee. Ms. McGlamery also noted that, likewise, it would be helpful for staff to receive input from the subcommittee as the content on the Section's website.

6. Pro Bono Subcommittee. Tom Boyd summarized proposals that are currently under consideration by the pro bono subcommittee for expanding the existing pro bono program. The proposals include revitalizing and possibly expanding the program beyond unemployment compensation appeals. Additionally, the subcommittee is developing an initiative with the Public Defender's Office to find attorneys to take a certain number of pro bono appeals on an annual basis. The Council members discussed other ways in which the Section may encourage pro bono appellate legal services, including appeals of orders involving termination of parental rights. Tom Boyd will follow up in gathering more information for further discussion about the viability of assisting with this type of pro bono work.

7. Judicial Receptions. Consistent with its prior tradition, the Section would like to plan a reception for the new Court of Appeals judges some time late this year. Tom Boyd will work with Andrea Reisbord, Erica Strohl, and Louise Bjorkman to follow up on the planning for this event.

8. Membership Communications. Tom Boyd mentioned that the Council should continue to consider and discuss appropriate methods for membership communications, including whether to continue the newsletter and/or pursue other ideas.

9. Hurricane Disaster Programs. Since the last meeting, there has been a proliferation of organized efforts to assist attorneys and other individuals devastated by the hurricane disaster situation. Jackie McGlamery will follow up to inquire as to whether there is any particular way the Section can assist with the MSBA's efforts to render assistance. Tom Boyd will follow up more formally with MSBA president Sue Holton, to advise her that our Section stands ready to assist and ask for any input or direction she may have in this regard.

10. Judicial Activism. There was a general discussion concerning the popular and political rhetoric proclaiming problems associated with "judicial activism," and whether our Section might and/or should assist the general public to better understand the role of the judiciary and the institutional safeguards provided by the appellate courts.

11. Revisions to Uniform Arbitration Act. Tom Boyd advised that he had been contacted by the chair of the ADR Section, Jan Frankman, and Jim Brehl who solicited comments from the Section with respect to proposed revisions to the Uniform Arbitration Act. Tom Boyd indicated that he would attend a meeting of the ADR Section on the status of this matter scheduled for October 11 and he would report on any items that might be of particular interest or concern to the Section.

12. Clayton James Hanks. Tom Boyd reported on a recent appeal involving a habeas petition brought by Petitioner Clayton James Hanks. The appeal had been dismissed by the Minnesota Court of Appeals as untimely. Judge Lansing wrote a dissent to that order suggesting that Mr. Hanks may want to seek pro bono assistance through this Section. Mr. Hanks had subsequently corresponded with the MSBA in this regard. Tom Boyd will follow up with Judge Lansing to clarify what she had in mind in this regard, and then he will follow up with Mr. Hanks.

13. Proposed Rule Changes. Kate McBride and Bruce Jones advised that they had written to the rules committee in follow up to prior discussions concerning the need for a deadline to serve and file responses to post trial motions.

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MSBA'S APPELLATE PRACTICE SECTION COUNCIL
September 1, 2005 Meeting
Minutes

The MSBA Appellate Practice Section Council meeting was held from 12:00 p.m. to approximately 1:30 p.m. on September 1, 2005 at the MSBA offices in City Center. The meeting was led by the chair, Tom Boyd. The following topics were discussed:

1. Future Council Meetings. Tom Boyd proposed that the council meetings be held on a monthly basis for now. The monthly meeting will fall on the first Thursday of each month and will be held from noon to approximately 1:00 p.m. with lunch being served. The next meeting of the Appellate Practice Council will be Thursday, October 6, 2005. In the past, the costs of lunch have been borne by one of the member's law firms. Meagher & Geer agreed to sponsor the October lunch.

2. Treasurer's Report. The financial reports for the months of July and August will come out in September. Kate McBride reported that to the best of her knowledge, the ending account balance for August was $227.00.

3. Membership. A discussion ensued on how to increase membership for the Appellate Practice Section. Currently, the Appellate Practice Section has 151 section members, although 838 members of the Minnesota State Bar Association identify themselves as appellate lawyers. A separate subcommittee will examine methods of increasing membership for the Appellate Practice Section and will be led by Ken Bayliss with Paula Vraa and Steve Buterin assisting. The subcommittee should include the marketing director, Janie Harris. One potential idea was to offer a free membership to any person who came to a CLE sponsored by the Appellate Practice Section.

4. CLE Programs. A discussion was held on potential CLE programs for the appellate practice council. There were a number of ideas raised as possible CLE topics, including a topic addressing what should be put in the appendix to a brief, the statute of repose, appeal of agency decisions, and the role of technology in notice issues. Some discussion was held whether a potential CLE should focus on (1) training current experienced appellate lawyers, (2) training the infrequent appellate lawyer and/or (3) providing an update on recent appellate decisions. The council agreed that a subcommittee headed by Kate McBride would consider what sort of CLE program should be accomplished this year. The subcommittee will include Diane Bratvold, Erica Strohl and Kay Nord Hunt.

5. Pro Bono Program. Discussion was held on the pro bono program and its current status. In the last year, there was a pilot program in which 25 cases involving pro se litigants appealing the denial of unemployment compensation benefits were given notice that they may be eligible for pro bono help. Eight of the 25 responded to the notice. Of the eight that responded, three of the appeals were at a stage where the volunteer lawyer could not help and five were reversed or settled.

There was some discussion whether to repeat or expand the pilot program or include criminal appeals. These issues will be addressed by the current subcommittee for the pro bono program. The pro bono subcommittee will gather information on other appellate bar associations that furnish pro bono help, including the 7th Circuit.

6. Member Communications/Website/Practicelaw.org. Tom Boyd reminded the members that there is a newsletter which is published on a sporadic basis and a website that it updated automatically to a certain extent. This will be a topic for future meetings.

7. Students/New Lawyers. Tom Boyd suggested a potential CLE sponsored by the Appellate Practice Section might be a nuts and bolts CLE on appellate procedure for students or new lawyers. This is a topic that will be addressed by the CLE subcommittee.

8. Judicial Receptions. In the past, the Appellate Section organizes a judicial reception for the new appellate judges. At present, there is a new appellate judge, Judge Worke, who has not had a welcome reception and there will be a new judge replacing Judge Schumacher. It was not determined when the reception will be held.

9. Legislative Issues. A brief discussion was held on whether there were certain legislative issues that the appellate section should weigh in on. Tom Boyd requested that the members keep their eyes open on issues that should be pursued.

10. Louisiana Hurricane. Several of the council members asked how to help the victims of the Louisiana hurricane. One council member noted that Susan Holden will be sending out an e-mail on behalf of the Minnesota State Bar Association.

11. The Section Liaison is Jackie and the Section Coordinator is Kim Basting.

Minutes prepared by Paula Duggan Vraa
September 14, 2005

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MINUTES FROM 3/3/05 MEETING
APPELLATE PRACTICE SECTION

Larry Hammering chaired the meeting

Treasurer's Report: Kate McBride presented the treasurer's report. The account balance at the end of January 2005 was $2952.80. The primary expenditures were for the judicial reception in January.

Annual Meeting: The committee continued the special-event subcommittee discussion about whether to present awards at the annual meeting. A long discussion was had as to the purpose of the awards and how the recipients would be determined. Ultimately it was determined that no awards would be presented. Professor Peter Knapp will speak at the meeting. Larry is working on firming up dates with him.

The tentative date for the annual meeting is May 19.

At a special meeting that will immediately proceed the next regular monthly meeting, the council will vote on whether to amend the by-laws to allow the annual meeting to take place at a location other than that chosen for the MSBA convention.

Pro Bono: Tom Boyd announced that Journal of Appellate Practice and Procedure has published an article about the pro bono program and that he will provide reprints to council members. Tom will assemble a pro bono committee to decide the program's future.

Website: A list of important tips for oral argument prepared many years ago by Judge Klaphake and Richard Pemberton Jr. will be added to the section's website.

The next meeting is scheduled for April 7, 2005 at noon.

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MINUTES FROM 1/6/05 MEETING
APPELLATE PRACTICE SECTION

Larry Hammerling chaired the meeting.

Treasurer's Report: Kate McBride present the treasurer's report. The account balance at the end of November 2004 was $3,789.12

Pro Bono: Tom Boyd announced that an article about the pro bono program is not out yet but will soon appear in the Journal of Appellate Practice and Procedure.

CLE Presentations: Everything is set for the February 7, 2005 CLE "The Minnesota Court of Appeals 2004 Year in Review." The council discussed having a more elaborate end-of-the-year meeting instead of sponsoring a CLE at the MSBA convention. It was proposed that we invite speakers and possibly retired judges to discuss the role of the state constitution in appellate decisions. The meeting will begin with a dinner at a local restaurant, and the discussion and election of next year's officers will follow.

Special Events: The welcoming reception for Minnesota Court of Appeals' Judge Christopher Dietzen and Minnesota Supreme Court Justice Barry Anderson is set for January 13. Reminder emails will be sent to ensure a good turnout.

Practicelaw.org: Larry Hammerling is still working on contacting appellate judges to see if they are interested in providing tips to put on the website.

New Business: Kate McBride asked whether the section would be interested in working with the Supreme Court Rules Committee to amend the Rules of Civil Procedure to add specific deadlines for serving and filing memorandums in support of post-trial motions and responses thereto. There was general interest in exploring this issue and the council will discuss it in upcoming meetings.

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MINUTES FROM 12/2/04 MEETING
APPELLATE PRACTICE SECTION

Larry Hammerling chaired the meeting.

Treasurer's Report: Kate McBride present the treasurer's report. The account balance at the end of October 2004 was $3,849.62

CLE Presentations: Mr. Hammerling spoke with Judge Toussaint about presenting an update on the court of appeals in late January or early February. Judge Toussaint and Judge Wright will present this topic at a time to be selected.

Special Events: Jenneane Jansen reported that the subcommittee is looking at either January 13 or Jan. 25 for the welcoming reception for Minnesota Court of Appeals' Judge Christopher Dietzen. The committee is having a difficult time finding a time when Judge Dietzen and the conference room are both available. A suggestion was made to use the cafeteria space. The subcommittee will look into this possibility.

Pro Bono: Tom Boyd announced that an article about the pro bono program will appear in the Journal of Appellate Practice and Procedure.

Practicelaw.org: Michelle Mougin, the MSBA practicelaw coordinator, gave the section an overview of the bar's use of Practicelaw.org. The MSBA has 14,000 members and half of them subscribe to the service. The sections that provide forms and templates are the ones that get the most hits. That is also true of the appellate website. The articles or other textual materials are not accessed as often. The council members then brainstormed about what we could add to the website that would increase usership. Ideas mentioned were: a list of the court of appeals' judges pet peeves regarding oral argument, an interactive tour of the Judicial Center, practical tips about oral arguments, an appellate timeline calculator and a bond calculator. Larry Hammerling will contact the court to see if it is interested in participating.

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MINUTES FROM 9/2/04 MEETING
APPELLATE PRACTICE SECTION