PLEASE NOTE:  Publication for public comment is not, and shall not, be construed as a recommendation or approval by the Board of Trustees of the materials published.

SUBJECT:

Proposed Revisions to State Bar Rules Title 6, Division 2, Chapter 1 regarding State Bar Open Meeting Rules

BACKGROUND:

The State Bar has been subject to open meeting requirements since 1975 when Business and Professions Code section 6026.5 was enacted. Section 6026.5 requires full meetings of the State Bar Board of Trustees (“Board”) to be open and contains a list of specified situations in which closed sessions are allowed. In 1985, the Board adopted rules which extended open meeting requirements to its board committees. Between 1989 and 1990, the Board adopted additional rules which extended open meeting requirements to regulatory and special committees appointed by the Board. All of the open meeting rules applicable to the Board, board committees and board-appointed bodies now appear in State Bar Rules 6.50-6.54 (“open meeting rules”).

DISCUSSION/PROPOSAL:

To amend portions of the State Bar’s open meeting rules to provide greater public access to State Bar meetings, consistent with the open meeting requirements of the Bagley Keene Open Meeting Act (Cal. Gov. Code § 11120 et seq.). The two proposed amendments would:

  • Eliminate the closed meeting exception for board committees for advice of counsel.
  • Prohibit the Board from voting by secret ballot when electing its officers.
ANY KNOWN FISCAL/PERSONNEL IMPACT:

None

ATTACHMENT:
SOURCE:

Board Operations Committee October 13, 2012 Agenda Item III.I.

DEADLINE:

November 30, 2012

DIRECT COMMENTS TO:

Pat Bermudez
Office of General Counsel
180 Howard Street
San Francisco, CA 94105
415-538-2270
415-538-2321
Pat.bermudez@calbar.ca.gov