2015 annual meeting - Virgin Islands Bar Association

Transcription

2015 ANNUAL MEETING
Celebrating The Past,
Embracing The Present,
Shaping The Future
Dec. 11, 2015
St. Croix, U.S.V.I.
at the
featuring presentations by:
as well as our signature social events:
50 Years of Practice:
A Reception in Honor of
Brit Bryant
and the Deans of the Bar
V.I. Bar Holiday Party
[to coincide with the St. Croix
Christmas Boat Parade]
Paulette Brown
D. Michael Fisher
Dec. 12, 2015
President of the
American Bar Association
U.S. Court of Appeals
for the Third Circuit
VIBA Party Begins: 5 PM
The Parade Starts: 6 PM
Friends and Family Welcome!!!
2015 ANNUAL MEETING
Celebrating The Past, Embracing The Present, Shaping The Future
“The Future of the Legal Profession suggests many
questions of importance. Every year adds a multitude of
young lawyers to the ranks of the profession. What are
they to do? The sources of controversy incident to a new
country are gradually being exhausted, and except in the
great commercial centers, litigation is relatively
decreasing. What is there to take its place as an
occupation for members of the bar? The application of
legal learning and judgment to active business. The
example set by railroad companies will be largely
followed, and all the great business interests of the people
will come more and more under the guidance and
protection of the legal profession. . . . [R]elieved from the
pressure of unjust suits, the courts will be able again to
investigate and decide the merits of controversies with the
patience, learning, zeal and thoroughness, which in the
first generation of the republic won for American
jurisprudence the glory of a world-wide recognition.”
C.C. Bonney, President, Illinois State Bar Association
(remarks from the ISBA Annual Meeting, Jan. 4, 1883)
“In considering the future
lawyer, it is necessary to
start with the lawyer of the
past and the present.”
“The most dangerous
phrase in the language is
we have always
done it this way.”
F.D.G. Ribble, President-Elect,
Grace Murray Hopper
American Association of Law Schools
(Temple Law Quarterly, July 1950)
Rear Admiral, United States Navy
“Imagine a land in which the only legal codes have been repeatedly amended
for many years, but no compilation has been made of the amendments.
Imagine, moreover, that there is no system for recording legal decisions, so that
lawyers must rely on their own briefs and records for precedents. This is not
ancient Etruria or Samarkand under Tamerlane—this was the situation in the
Virgin Islands, a territory of the United States of America as recently as 1957.”
John D. Merwin, Virgin Islands Governor (ABA Journal, August 1961)
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2015 ANNUAL MEETING
NOTE: While this schedule and the program descriptions that follow are provided as a convenience for our members, it is not the final program,
and content, credit allocation, venue, and start/end times may change. For any questions, please email [email protected].
THURSDAY, DECEMBER 10, 2015
7:00 PM – 9:00 PM
Welcome Reception & Kickoff Presentation [sponsored by Thomson Reuters]
0.5 CLE
Venue: Zion Modern Kitchen (2132 Company Street, Christiansted)
FRIDAY, DECEMBER 11, 2015
8:00 AM – 8:30 AM
Breakfast & Registration
Non-Credit
Venue: Divi Carina Bay Beach Resort & Casino
8:30 AM – 9:20 AM
Recent Developments: Federal Practice in the U.S. Virgin Islands
1.0 CLE
9:20 AM – 10:10 AM
Past is Prologue: Applying Today’s Ethics Rules to Tomorrow’s Law Practice
1.0 CLE (incl. 1.0 Ethics)
10:20 AM – 10:45 AM
Ineffective Assistance: Ethically Defending Yesterday’s Conduct Tomorrow
10:45 AM – 12:00 PM
Banks to the Future: The New Frontiers of the Common Law
1.5 CLE
12:00 PM – 1:30 PM
Lunch & VIBA Annual Meeting Governance
Non-Credit
1:35 PM – 2:00 PM
Keynote Address: Paulette Brown, ABA President
0.5 CLE
2:00 PM – 3:15 PM
The Future of the Legal Profession in the U.S. Virgin Islands
3:20 PM – 4:10 PM
Keeping Current: V.I. Supreme Court and V.I. Legislature Year-in-Review
1.0 CLE
4:10 PM – 5:00 PM
Witnesses to History: The Evolution of Virgin Islands Law
1.0 CLE
5:00 PM – 6:30 PM
50 Years of Practice: A Reception in Honor of Brit Bryant
Non-credit
SATURDAY, DECEMBER 12, 2015
12:00 PM – 5:00 PM
The St. Croix Christmas Boat Parade: Pre-Parade Entertainment
Non-Credit
Venue: Christiansted Boardwalk [on your own]
5:00 PM – 7:00 PM
VIBA Holiday Party
Non-Credit
Venue: Virgin Islands Bar Association Office (1255 King Street, Suite 2, Christiansted)
6:00 PM – ???
The St. Croix Christmas Boat Parade: Parade & Fireworks
Non-Credit
Venue: Christiansted Boardwalk [on your own]
MAKE A WEEKEND OUT OF IT!
Discounted Hotel Rates Available Through Sunday
Come to St. Croix for the Virgin Islands Bar
Association Annual Meeting, but stay another day
or two for our Holiday Party as well as the annual:
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2015 ANNUAL MEETING
Recent Developments: Federal Practice in the U.S. Virgin Islands
Approved for 1.0 CLE Credits
Federal appeals from the U.S. Virgin Islands, as well as those from the states of Delaware, New
Jersey, and Pennsylvania, are heard by the United States Court of Appeals for the Third Circuit.
This panel will explore recent decisions issued by the Third Circuit in the past year that impact
federal practice in the U.S. Virgin Islands, including litigation in the District Court of the Virgin
Islands and appeals taken to the Third Circuit. Additionally, the panelists will provide an
overview of the amendments to the Federal Rules of Civil Procedure that are expected to go into
effect on December 1, 2015, including those related to service of process and discovery. If time
permits, the panelists may also discuss other issues relevant to Virgin Islands practitioners or
pertaining to the administration of justice in the Third Judicial Circuit and the federal judiciary.
Featured Presenter: D. Michael Fisher, Judge, U.S. Court of Appeals for the Third Circuit
Other Presenters To Be Announced.
Past is Prologue: Applying Today’s Ethics Rules to Tomorrow’s Law Practice
Approved for 1.0 CLE Credits (incl. 1.0 Ethics)
In Shakespeare’s play The Tempest, a character uses the phrase “What’s past is prologue” to
suggest that all that has happened before, the “past,” provided him and his co-conspirator with
the opportunity to do what they are about to do: commit murder. In essence, the character is
telling the audience that he has no control over his fate since the past has dictated his future.
Few attorneys will deliberately seek to violate the rules of professional conduct and other
applicable ethical rules. However, courts, bar associations, and other regulators of the legal
profession cannot keep pace with changing technology. Because amending the ethics rules to
address new technologies or practices before they become adopted is a perpetually-losing battle,
lawyers—especially those who must market their small or solo firms—must often guess how
ethics rules that were written in another time and for other situations will be interpreted with
respect to a future development. The panelists will discuss the best practices that lawyers should
apply to avoid the fate of being deemed unethical in the future for judgment-calls made today.
Featured Presenter: Brendon P. Levesque, Partner, Horton Shields & Knox, P.C.
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2015 ANNUAL MEETING
Ineffective Assistance: Ethically Defending Yesterday’s Conduct Tomorrow
Although the federal habeas corpus statute places strict time constraints on when a convicted
criminal defendant may petition for a writ of habeas corpus, the Virgin Islands habeas corpus
statute has no limitations period. And unless the defendant has been found to have abused the
habeas corpus statute, there is no prohibition on successive habeas corpus petitions in the local
court system. As such, a convicted defendant may challenge his conviction on ineffective
assistance of counsel grounds literally decades later, even if an ineffective assistance of
counsel claim had been rejected on the merits in a prior proceeding.
After providing a brief overview of Virgin Islands habeas corpus law, the panelists will discuss
how to ethically defend oneself against an ineffective assistance of counsel claim, as well as
outline an attorney’s record retention obligations under the Virgin Islands Rules of
Professional Conduct. Time permitting, the panel will discuss the impact a pending ineffective
assistance claim may have on a potential attorney discipline proceeding or malpractice suit.
Featured Presenter: Brendon P. Levesque, Partner, Horton Shields & Knox, P.C.
Banks to the Future: The New Frontiers of the Common Law
In its seminal decision in Banks v Int’l Rental & Leasing Corp., 55 V.I. 967 (V.I. 2011), and
its progeny, the Supreme Court of the Virgin Islands held that the Legislature had implicitly
repealed 1 V.I.C. § 4 and that the Virgin Islands Judiciary possessed the power to shape Virgin
Islands common law without deferring to the Restatements of Law. While subsequent case
law has provided clarity on how to conduct a Banks analysis, many issues remain unresolved.
For example, what are a plaintiff’s pleading obligations when asserting a cause of action that
has not yet been recognized in the U.S. Virgin Islands? How should discovery proceed (if at
all) if the parties disagree on the elements of a cause of action? The panelists will discuss and
debate these and other “advanced” issues arising from the Banks decision.
Featured Presenter: Kristen David Adams, Professor, Stetson University College of Law
4
2015 ANNUAL MEETING
The Future of the Legal Profession in the U.S. Virgin Islands
In the past six months, the Supreme Court of the Virgin Islands has promulgated several new
rules affecting the legal profession in the U.S. Virgin Islands. New bar admissions classes have
been established for in-house counsel, foreign legal consultants, and legal interns. Special
admission has been extended to military spouses. Most recently, the Virgin Islands Supreme
Court announced that effective with the July 2016 administration, the Virgin Islands Bar
Examination will not test any U.S. Virgin Islands law. Instead, it will consist solely of uniform
tests administered by the National Conference of Bar Examiners (NCBE): the Multistate Bar
Examination (MBE), the Multistate Essay Examination (MEE), the Multistate Performance Test
(MPT), and the Multistate Professional Responsibility Examination (MPRE).
The U.S. Virgin Islands is not alone in implementing significant changes to the practice of law.
The Supreme Court of Washington approved a new rule allowing non-lawyers to become
licensed as “Limited License Legal Technicians” to advise and assist people going through
divorce, child-custody, and other family-law matters. Sixteen states, including New York, have
abolished their local bar exams and adopted the Uniform Bar Examination (UBE), which offers
portability of scores across state lines. The United Kingdom has eliminated its ban on law firm
ownership by non-lawyers, and in May 2015 a mid-sized firm announced its intent to go public.
During the 2014-15 Bar Year, the American Bar Association established a Commission on the
Future of Legal Services. This Commission has been tasked, among other things, to “propose
new approaches that are not constrained by traditional models for delivering legal services,” and
is currently drafting a policy resolution “which recommends that each state’s highest court, and
those of each territory or tribe, use clearly identified regulatory objectives to help (1) assess the
court’s existing regulatory framework and (2) identify and implement regulatory innovations
related to legal services beyond the traditional regulation of the legal profession.”
This panel will provide an overview of the changes that the Virgin Islands Supreme Court has
already implemented and those that are under consideration in other jurisdictions and by the
ABA Commission. The panelists will debate what the future of the practice of law should look
like, and whether the U.S. Virgin Islands should join the national consensus or take its own path.
Featured Presenter: Dana M. Hrelic Ciolli, ABA Commission on the Future of Legal Services
5
2015 ANNUAL MEETING
Keeping Current: V.I. Supreme Court and V.I. Legislature Year-in-Review
Over the past year, the Supreme Court of the Virgin Islands has issued several important
decisions of interest to members of the Virgin Islands Bar. For example, our Supreme Court
has redefined the test and burden of proof for a claim under the Wrongful Discharge Act,
established a different standard for obtaining a preliminary injunction, questioned the validity
of Superior Court Rule 7, and considered whether failure to solemnize renders a marriage void.
The 31st Legislature has also changed Virgin Islands law during this period. Amongst other
things, our Legislature has made significant changes to the Virgin Islands expungement statute,
established civil remedies for stalking victims, expanded the Territory’s “Good Samaritan”
law, and allowed for sentence reductions for completion of training while imprisoned.
This panel will provide a black-letter overview of the most notable appellate precedents and
enacted legislation over the last year. If time permits, the panelists will also provide a preview
of forthcoming oral arguments and proposed bills that may affect the practice of law.
Featured Presenter: Dwyer Arce, Senior Law Clerk, V.I. Supreme Court
Witnesses to History: The Evolution of Virgin Islands Law
Legal practice in the U.S. Virgin Islands has evolved over the past several decades, sometimes
gradually, and other times in seismic shifts. While these changes may be academic to newer
attorneys, these panelists—who all have earned the title of deans of the Virgin Islands Bar—
lived through these changes. During this capstone panel, these esteemed attorneys and jurists
will draw on their experience practicing law in the U.S. Virgin Islands in the 1960s, 1970s,
and 1980s, and reflect on how far we have come and where we are headed as a profession.
Featured Presenters: Britain H. Bryant, Virgin Islands Bar Member since 1965
Thomas Alkon, Virgin Islands Bar Member since 1969
Vincent Colianni, Virgin Islands Bar Member since 1969
Jim Hymes, Virgin Islands Bar Member since 1969
Ellen Donovan, Virgin Islands Bar Member since 1971
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2015 ANNUAL MEETING
Keynote Address: Paulette Brown, ABA President
Paulette Brown, Partner and co-chair of the firmwide Diversity & Inclusion Committee at Locke Lord LLP, is
the first African-American woman president of the American Bar Association. She has been a member of the
ABA House of Delegates since 1997 and is a former member of the ABA Board of Governors and its Executive
Committee as well as the Governance Commission. While serving on the Board of Governors, Brown chaired
the Program, Planning and Evaluation Committee. She has served on the Commission on Women in the
Profession and was a co-author of "Visible Invisibility: Women of Color in Law Firms.” She also chaired the
ABA Council on Racial and Ethnic Justice and is a past co-chair of the Commission on Civic Education in our
Nation's Schools. Brown served on the Section of Legal Education’s Council on Legal Education and
Admissions to the Bar and its Executive Committee. In 1993-94, she served as President of the National Bar
Association and received its highest honor, The C. Francis Stradford Award, in 2015.
Brown has held many positions throughout her career, including as in-house counsel to a number of Fortune 500
companies and as a municipal court judge. In private practice, she has focused on all facets of labor and
employment and commercial litigation. Among many other honors, she has been recognized by the National
Law Journal as one of “The 50 Most Influential Minority Lawyers in America” and by the New Jersey Law
Journal as one of the “prominent women and minority attorneys in the State of New Jersey.” She has received
the New Jersey Medal from the New Jersey State Bar Foundation and currently serves on its Board of Trustees.
Brown earned her J.D. at Seton Hall University School of Law and her B.A. at Howard University.
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2015 ANNUAL MEETING
Come For the Annual Meeting, Stay For the Weekend!
Only 12 miles east of Christiansted, the Divi Carina Bay Resort & Casino is one
of the premier resorts on the island of St. Croix, as well as home of the only casino
in the U.S. Virgin Islands. Discounted rates are available for conference attendees
for stays anytime from Thursday, December 10 to Sunday, December 13, 2015.
Exclusive Nightly Rate for
Annual Meeting Attendees
All-Inclusive Nightly Rates
available for as low as
$248.85 (single occupancy)
$297.70 (double occupancy)
Room and Breakfast Only: $196.92
Mention Folio #: 117718
Rate: All Inclusive Fall Sale
Book Online:
http://www.divicarina.com/DiviCarina/
Note: Refundable one-night deposit required.
Cancellation required 24 hours prior to arrival
date to receive deposit refund. $50.00
incidental deposit required at check-in.
Questions? Email the V.I. Bar at:
[email protected]
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2015 ANNUAL MEETING
You are cordially
invited to attend the
Holiday Party
to coincide with the
Saturday December 12, 2015
at the
V.I. Bar Association Office
2155 King Street, Suite 2
Christiansted, St. Croix
Doors Open at 5 PM
Friends and Family
Welcome!
9
2015 ANNUAL MEETING
PAST PRESIDENTS OF THE VIRGIN ISLANDS BAR ASSOCIATION
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
The Origin and Meaning
of The Seal of the Virgin
Islands Bar Association
2015 VIRGIN ISLANDS BAR ASSOCIATION BOARD OF GOVERNORS
Henry L. Feuerzeig
Julio A. Brady
Robert Ellison
James E. Dow, Jr.
Adriane J. Dudley
R. Eric Moore
Ronald T. Mitchell
Henry C. Smock
Derek M. Hodge
Rhys S. Hodge
Patricia D. Steele
James L. Hymes, Jr.
Vincent A. Colianni
Joel H. Holt
Andrew L. Capdeville
Douglas L. Capdeville
James A. Hurd, Jr.
Bernard C. Pattie
Elizabeth Clark
Richard H. Hunter
Denise M. Francois
R. Oliver David
Veronica J. Handy
B. Patricia Welcome
Frank Schulterbrandt
Ronald E. Russell
Tom Bolt
Samuel T. Grey
Amos W. Carty, Jr.
Maxwell D. McIntosh
Joycelyn J. Hewlett
Scot F. McChain
Mark D. Hodge
Pamela L. Colon
Ruth Miller (partial)
Richard T. Evangelista (partial)
Richard T. Evangelista
Karin A. Bentz
Ernest E. Morris, Jr.
Nycole A. Thompson
Natalie Nelson Tang How
The Virgin Islands Bar
Association
seal
was
designed by past Bar
President Tom Bolt and
features the “Mother of
Justice,” the Jan Mitchell
statute that is in the courtyard
of the District Court of the
Virgin Islands in St. Croix. In
addition, the new symbol of
the Virgin Islands Bar
contains the year, 1956 in
which the Virgin Islands Bar
was ‘unified’ by the Courts.
The two stars on either side of
the year represent the bench
and bar of the Territory
working side by side.
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President
President-Elect
Secretary
Treasurer
ABA Delegate
Immediate Past President
At-Large Members
Natalie Nelson Tang How
J. Russell B. Pate
Paula Norkaitis
Anthony M. Ciolli
Nycole A. Thompson
Chivonne Thomas Jones
Yvette Ross-Edwards
Shari N. D’Andrade
Executive Director
Hinda Carbon
2015 VIRGIN ISLANDS BAR ASSOCIATION COMMITTEE CHAIRS
Continuing Legal Education
K. Glenda Cameron
Anthony M. Ciolli
Judiciary
Legislation & Law Reform
John Merchant
Lee J. Rohn
Public Service, Awards & Scholarships
Kyle Waldner
Semaj Johnson
Bylaws
J. Russell B. Pate
Bar Journal
Elise Catera
Joycelyn Hewlett
Access to Justice
Shelby Gaddy
Nicholas Pompeo
Lawyers Assistance
Cynthia Moore
Melanie Turnbull
Client Protection
Karin A. Bentz
Donovan Hamm
Public Education
Dolace McLean
B. Patricia Welcome
Moot Court
Special Events
Trudy Fenster
Dwayne Henry
Technology
Tracy Myers
Litigation
Edward Barry
Economic Development
David Nissman
Health Care
Karin A. Bentz
Law School Exploratory
J. Russell B. Pate
Street Law
Young Lawyers
Anthony M. Ciolli
Joseph T. Gasper II
2015 ANNUAL MEETING
CLE Accreditation and Reciprocity
The Virgin Islands Bar Association is an accredited CLE provider in the U.S.
Virgin Islands, and its CLE offerings will automatically count towards the
mandatory 12 credit (incl. 2 ethics) annual CLE requirement required by Virgin
Islands Supreme Court Rule 208. While the Virgin Islands Bar Association has not
applied for accreditation by any other United States jurisdiction, its programs may
satisfy the CLE requirements of other state and territorial bars under reciprocity rules
promulgated by those jurisdictions.
This document has been prepared as a convenience for individuals who wish
to apply CLE credits earned through the Celebrating The Past, Embracing the
Present, Shaping the Future conference to satisfy the CLE requirements of another
jurisdiction. Please be advised, however, that each jurisdiction serves as the final
arbiter of its own CLE rules, and thus all attorneys possess a duty to independently
determine whether a Virgin Islands Bar Association program satisfies the CLE
requirements of a particular jurisdiction.
If you have any questions or believe any information in this document is
incorrect or has become outdated, please contact Hinda Carbon, the Executive
Director of the Virgin Islands Bar Association, at [email protected], who
will promptly forward your inquiry to the VIBA’s CLE Committee.
AUTOMATICALLY APPROVED OR APPROVAL NOT REQUIRED
Jurisdiction
U.S. Virgin Islands
Alaska
American Samoa
Source
V.I. Supreme Court Rule 208
Alaska Supreme Court Rule 65(g)
n/a
Arizona
Arizona State Bar
Arkansas
Arkansas CLE Reg. 4.03
California
State Bar of California
Colorado
Colorado Supreme Court
Connecticut
n/a
District of Columbia
n/a
Florida
Florida CLE Rule 5.08(i)
Guam
Guam CLE Rule 7
Comments / Conditions
Identified as an accredited provider in the rule without restriction.
Approval applicable only to programs not physically held in Alaska.
American Samoa does not have mandatory continuing legal
education.
Arizona does not accredit CLE providers. Individual attorneys must
review the pertinent Arizona court rules and regulations to determine
for themselves whether the program meets the criteria for CLE credit.
Approval applicable only to programs not physically held in
Arkansas.
Approval applicable only to programs not physically held in
California.
Approval might be limited to programs not physically held in
Colorado.
Connecticut does not have mandatory continuing legal education.
The District of Columbia does not have mandatory continuing legal
education.
Florida reserves the right to adjust the number of CLE credits.
All courses approved by the highest court of a jurisdiction or its
designee are automatically approved.
11
2015 ANNUAL MEETING
Jurisdiction
Hawai’i
Maryland
Massachusetts
Michigan
Source
Hawai’i State Bar
n/a
n/a
n/a
Montana
Montana CLE Rule 8
New Jersey
North Dakota
Northern
Mariana
Islands
South Dakota
Wisconsin
New Jersey CLE Reg. 201:4
North Dakota CLE Rule 6(a)
CNMI CLE Reg. 3(b)
Comments / Conditions
Approval applicable only to programs not physically held in Hawai’i.
Maryland does not have mandatory continuing legal education.
Massachusetts does not have mandatory continuing legal education.
Michigan does not have mandatory continuing legal education.
Approval applicable only to programs not physically held in Montana.
Approval is presumptive and may be rescinded by the Montana CLE
Commission if a particular program is found not to meet minimum
requirements for Montana CLE credit.
Must still comply with any applicable course restrictions in New Jersey.
Approval is only presumptive.
All courses approved for CLE credit in another jurisdiction are approved.
n/a
Wisconsin CLE Reg. 7.005
South Dakota does not have mandatory continuing legal education.
Approval does not extend to self-study courses.
NOT AUTOMATICALLY APPROVED BUT APPROVAL POSSIBLE
In the following jurisdictions, programs sponsored by the Virgin Islands Bar
Association do not receive automatic approval. Nevertheless, an individual who
attends the program may submit an application to the pertinent CLE authorities for
approval on a case-by-case basis, subject to rules and procedures promulgated by
the jurisdiction’s CLE regulator.
Delaware
Georgia
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Mexico
New York
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wyoming
If you need the Virgin Islands Bar Association’s assistance in obtaining approval
from one of these jurisdictions, please contact Hinda Carbon, the Executive Director
of the Virgin Islands Bar Association, at [email protected], who will
promptly forward your inquiry to the VIBA’s CLE Committee.
12
For More Information You May Contact Us At:
VIRGIN ISLANDS BAR ASSOCIATION
2155 KING CROSS STREET, SUITE 2
P.O. BOX 224108, CHRISTIANSTED, ST. CROIX
UNITED STATES VIRGIN ISLANDS 00822-4108
TELEPHONE: 340-778-7497
FACSIMILE: 340-773-5060
EMAIL: [email protected]

2015 annual meeting - Virgin Islands Bar Association

Transcription

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