Board of Governors Meeting
Agenda
The State Bar Of California
1149 South Hill Street
Board Room, 7th Floor
Los Angeles, CA 90015-2299
(213) 765-1000
Friday, November 9, 2007
1:30 p.m. - 4:30 p.m.
(The times listed below are guidelines. The President reserves the right to adjust this schedule.)
Agenda
The State Bar Of California
1149 South Hill Street
Board Room, 7th Floor
Los Angeles, CA 90015-2299
(213) 765-1000
Friday, November 9, 2007
1:30 p.m. - 4:30 p.m.
(The times listed below are guidelines. The President reserves the right to adjust this schedule.)
Open Session
| (Bleich) | 10 Minutes | 1:30 p.m. (2 minutes) |
| 10 | July 20, 2007 [Special Meeting for Election of 2007-08 President] 10 Minutes July 20, 2007 [Special Meeting for Election of 2007-08 President] |
| 10 | September 26, 2007 [Special Meeting] 10 Minutes September 26, 2007 [Special Meeting]Attachments: Rule of Court 9.8_Online Registration |
| (Bleich) | 30 President's Report | 1:32 (6 minutes) |
| 30-1 | Rules Revision Commission - appointment of three Board liaison members 30 President's Report Liaison Assignment to the Rules Revision Commission |
| (Johnson) | 40 Staff Reports | 1:38 (5 minutes) |
| (Johnson) | 41 Executive Director |
| (Johnson) | 42 Secretary |
| 42-1 | 2008 Board of Governors Election Schedule 40 Staff Reports 2008 Board of Governors Election Schedule (Oral) |
| (Bleich) | 50 Consent Agenda | 1:43 p.m. (2 minutes) |
| 51-53 | Financial Statement (51); Investment Report (52); and Client Security Fund Report (53); for Quarter Ended June 30, 2007 50 Consent Agenda Financial Statement (51); Investment Report (52); and Client Security Fund Report (53); for Quarter Ended June 30, 2007Attachments: Financial Statement (51); Investment Report (52); and Client Security Fund Report (53); for Quarter Ended June 30, 2007 |
| 54-111 | Adoption of Chief Trial Counsel Annual Performance Evaluation [Report of action taken by the Board Committee on Operations on behalf of the Board between regularly scheduled Board Meetings] 50 Consent Agenda Adoption of Chief Trial Counsel Annual Performance Evaluation Attachments: CTC Evaluation - RAH memo to Bd. Ops |
| 54-112 | Open Meetings, Closed Sessions and Records of the Board of Governors - proposed amendments following public comment period 50 Consent Agenda Open Meetings, Closed Sessions and Records of the Board of Governors - proposed amendments following public comment period |
| 54-113A | Conflict Waiver [Report of action taken by the Board Committee on Operations on behalf of the Board between regularly scheduled Board Meetings.] 50 Consent Agenda Conflict Waiver |
| 54-113B | Conflict Waiver - proposed delegation of authority 50 Consent Agenda Conflict Waiver - proposed delegation of authority |
| 54-114A | Council on Access and Fairness - interim appointment [Report of action taken by the Board Committee on Operations on August 28, 2007, on behalf of the Board between regularly scheduled Board meetings.] 50 Consent Agenda Council on Access and Fairness - interim appointment |
| 54-114B | Council on Access and Fairness - interim appointment [Report of action taken by the Board Committee on Operations on September 19, 2007, on behalf of the Board between regularly scheduled Board meetings.] 50 Consent Agenda Council on Access and Fairness - interim appointment |
| 54-121 | Northern Santa Barbara County Bar Association's Rules of Procedure for Fee Arbitrations - proposed approval 50 Consent Agenda Northern Santa Barbara County Bar Association's Rules of Procedure for Fee Arbitrations - proposed approvalAttachments: Northern Santa Barbara County Bar Association's Proposed Rules of Procedure for Fee Arbitrations |
| 54-122 | Santa Monica Bar Association's Rules of Procedure for Fee Disputes (Arbitration and Mediation) - proposed approval 50 Consent Agenda Santa Monica Bar Association's Rules of Procedure for Fee Disputes (Arbitration and Mediation) - proposed approvalAttachments: Santa Monica Bar Association's Proposed Rules of Procedure for Fee Disputes (Arbitration and Mediation) |
| 54-123 | Contra Costa County Bar Association's Rules of Procedure for Fee Arbitration - proposed approval 50 Consent Agenda Contra Costa County Bar Association's Rules of Procedure for Fee Arbitration - proposed approvalAttachments: Contra Costa County Bar Association's Proposed Rules of Procedure for Fee Arbitration |
| 54-131 | Members' Requests for Adjustments to Fees and/or Penalties: no such requests have been submitted to the Board for approval at this meeting |
| 54-132 | Rules Governing the Financial Assistance Plan of the State Bar of California Lawyer Assistance Program - proposed amendments following public comment period to Section 2, paragraphs (A), (B) and (C) re eligibility criteria 50 Consent Agenda Rules Governing the Financial Assistance Plan of the State Bar of California Lawyer Assistance Program - proposed amendments following public comment period to Section 2, paragraphs (A), (B) and (C) re eligibility criteriaAttachments: Rules Governing the Financial Assistance Plan of LAP, amendments to Section 2, paragraphs (A), (B) and (C) re eligibility criteria |
| 54-133 | Rules Governing the Financial Assistance Plan of the State Bar of California Lawyer Assistance Program - proposed amendments following public comment period to Section 3, paragraph (C) re eligibility criteria to limit the term of loans and to establish a practice for applying for an extension of that term 50 Consent Agenda Rules Governing the Financial Assistance Plan of the State Bar of California Lawyer Assistance Program - proposed amendments following public comment period to Section 3, paragraph (C)Attachments: Attachment - Rules Governing the Financial Assistance Plan of the State Bar of California Lawyer Assistance Program - proposed amendments following public comment period to Section 3, paragraph (C) |
| 54-151 | Commission on Judicial Nominees Evaluation - proposed extension of terms 50 Consent Agenda Commission on Judicial Nominees Evaluation - proposed extension of terms |
| 54-165 | Diversity Pipeline Program Self-Evaluation Guidelines - proposed receipt for filing 50 Consent Agenda Diversity Pipeline Program Self-Evaluation Guidelines - proposed receipt for filing and distributionAttachments: Diversity Pipeline Program Self-Evaluation Guidelines |
| 55 | May and July 2008 Board Meetings - (a) confirmation of location change for the May 15-16, 2008, to San Jose; and (b) proposed date change for the July 08 meeting, i.e., from Thursday-Friday, July 17-18, 2008, to Thursday-Friday, July 10-11, 2008 50 Consent Agenda May and July 2008 Board Meetings - (a) confirmation of location change for the May 15-16, 2008, to San Jose; and (b) proposed date change for the July 08 meeting, i.e., from Thursday-Friday, July 17-18, 2008, to Thursday-Friday, July 10-11, 2008 |
| 100 Reports of Board Committees |
| (Bleich) | 110 Board Committee on Operations | 1:45 p.m. (12 minutes) |
| 115 | MOU Negotiations - status report |
| (Fujie) | 120 Regulation, Admissions & Discipline Oversight | 1:57 (13 minutes) |
| 124 | Interim Plan for Consideration of Resignations with Charges Pending - proposed adoption following public comment period 100 Reports of Board Committees Interim Plan for Consideration of Resignations with Charges Pending - proposed adoption following public comment periodAttachments: Interim Plan Re Processing Resignations, Rule 657, Rules of Procedure, with charges Pending |
| 125 | Frye v. THC - proposed report to the Supreme Court on nonprofit law practices 100 Reports of Board Committees Frye v. THC - proposed report to the Supreme Court on nonprofit law practicesAttachments: Att. A: Frye Report - AppendicesAtt. B: Frye Draft Report to Supreme Court on nonprofit law practices |
| 126 | Decision not to Release Bar Examination Applicant Data - proposed approval 100 Reports of Board Committees Decision not to Release Bar Examination Applicant Data - proposed approvalAttachments: Att. A: Index of ReportsAtt. B: Supplemental Statistics, Bar ExamsAtt: C: Memo to Prof. SanderAtt. D: Prof. Sander's memo to Gayle MurphyAtt. E: Civil Rights Commission Letter to Prez SloanAtt. F: G. Murphy's letter to Civil Rights CommissionAtt. G: Prof. Amar's memo to G. Murphy and CBEAtt. H: G. Murphy's letter to Profs. Sander and HendersonAtt. I: Hastings' Prof. Amar's letter to G. Murphy |
| (Penrod) | 130 Member Oversight | 2:10 p.m. (10 minutes) |
| 134 | Bank of America Affinity Agreement (Oral) |
| (Murphy) | 140 Planning, Program Development & Budget |
| 141 | Charges and Deadlines for Unaccredited Law School Registration - proposed approval 100 Reports of Board Committees Charges and Deadlines for Unaccredited Law School Registration - proposed approvalAttachments: Schedule of Charges and Deadlines for Unaccredited Law School Registration |
| 142 | 2008 Fees for Inactive Membership and for MCLE Noncompliance and Reinstatement from MCLE Inactive Enrollment - proposed approval 100 Reports of Board Committees 2008 Fees for Inactive Membership and for MCLE Noncompliance and Reinstatement from MCLE Inactive Enrollment - proposed approvalAttachments: Schedule of 2008 Fees for Inactive Membership and for MCLE Noncompliance/Reinstatement |
| (McNicholas) | 150 Volunteer Involvement |
| (Ramirez) | 160 Stakeholder Relations |
| 161 | Report from the Office of Government Affairs |
| 162 | Immediate Action Items |
| 163 | Consideration/Approval of State Bar Section-sponsored Affirmative Legislative Proposals 100 Reports of Board Committees Consideration/Approval of State Bar Section-sponsored Affirmative Legislative Proposals |
| 164 | Comparable Rates on Interest on Lawyers Trust Accounts - request to petition the Court to rescind Supreme Court Order pursuant to statutes 1981, chapter 789; request for interim Order to implement AB 1723. 100 Reports of Board Committees Comparable Rates on Interest on Lawyers Trust Accounts - request to petition the Court to rescind Supreme Court Order pursuant to statutes 1981, chapter 789; request for interim Order to implement AB 1723.Attachments: Att 1: Existing Supreme Court OrderAtt. 2: List of AB 1723 Supporters |
| (Penrod) | 170 Task Force on Sections |
| (Bleich) | 180 Audit Committee |
| 700 Miscellaneous |
| (Bleich) | 701 | Insurance Disclosure Task Force - Final Report and Recommendations 700 Miscellaneous Insurance Disclosure Task Force - Final Report and RecommendationsAttachments: Attach 1 _ InsDisclsr Sept07 ItemAttach 2 - Appendix Insurance DisclosureAttach 3 - Public Comment - Initial ProposalAttach 4 - Public Comment Chart - Initial ProposalAttach 5 - Public Comment - Revised ProposalAttach 6 - Public Comment Chart - Revised Proposal |
Closed Session
| 1000 Minutes |
| (Johnson) | July 20, 2007 |
| (Closed pursuant to Rules Governing Open Meetings, Closed Sessions and Records of the Board of Governors, article 5, section 3(a)) | ||
| 3000 Reports of Board Committes |
| (Bleich) | 3110 Board Committee on Operations |
| 3116 | Konig v State Bar et al (Oral) |
| 3117 | Lebbos Bankruptcy Trustee - offer of settlement |
| (Fujie) | 3120 Regulation, Admissions and Discipline |
| 3127-A | Resignation of Attorney Giddens with Disciplinary Charges Pending - proposed recommendation |
| 3127-B | Resignation of Attorney Palaferri with Disciplinary Charges Pending - proposed recommendation |
| 3127-C | Resignation of Attorney Reich with Disciplinary Charges Pending - proposed recommendation |
| 3127-D | Resignation of Attorney Pritzker with Disciplinary Charges Pending - proposed recommendation |
| 3127-E | Resignation of Attorney Mason with Disciplinary Charges Pending - proposed recommendation |
| 3127-F | Resignation of Attorney Strong with Disciplinary Charges Pending - proposed recommendation |
| 3127-G | Resignation of Attorney Nudelman with Disciplinary Charges Pending - proposed recommendation |
| 3127-H | Resignation of Attorney Sherman with Disciplinary Charges Pending - proposed recommendation |
| 3127-I | Resignation of Attorney Wasilenko with Disciplinary Charges Pending - proposed recommendation |
| 3127-J | Resignation of Attorney Vargas with Disciplinary Charges Pending - proposed recommendation |
| 3127-K | Resignation of Attorney Vale with Disciplinary Charges Pending - proposed recommendation |
| 3127-L | Resignation of Attorney Gelegan with Disciplinary Charges Pending - proposed recommendation |
| 3127-M | Resignation of Attorney Scott with Disciplinary Charges Pending - proposed recommendation |
| 3127-N | Resignation of Attorney Byrd with Disciplinary Charges Pending - proposed recommendation |
| 3127-O | Resignation of Attorney Kaitz with Disciplinary Charges Pending - proposed recommendation |
| 3127-P | Resignation of Attorney Anderson with Disciplinary Charges Pending - proposed recommendation |
| 3127-Q | Resignation of Attorney Jaramillo with Disciplinary Charges Pending - proposed recommendation |
| 3127-R | Resignation of Attorney Osio with Disciplinary Charges Pending - proposed recommendation |
| 3127-S | Resignation of Attorney Abramowitz with Disciplinary Charges Pending - proposed recommendation (Closed pursuant to Business and Professions Code section 6026.5(e)) |
| 4000 Staff Reports |
| 4010 | General Counsel - report (a) certain litigation (to be identified); (b) any settlement matters; (c) prospective litigation; (d) any requested waivers of claims of privilege. |
| (Closed pursuant to Business and Professions Code section 6026.5(a)) | ||
| 5000 Closed Consent |
5110 Board Committee on Operations |
| 5119-A | Claim of Judith Chow, Dated July 16, 2007 [Report of action taken by the Board Committee on Operations on behalf of the Board between regularly scheduled Board Meetings.] |
| 5119-B | Claim of Scott Williams, Dated July 16, 2007 [Report of action taken by the Board Committee on Operations on behalf of the Board between regularly scheduled Board Meetings.] |
| 5119-C | Chow, Williams v State Bar of California – Mediation [Report of action taken by the Board Committee on Operations on behalf of the Board between regularly scheduled Board Meetings.] |
| 5119-D | Cotant Mediation [Report of action taken by the Board Committee on Operations on behalf of the Board between regularly scheduled Board Meetings.] |
| 5119-E | Claim of Shmuel Erde [Report of action taken by the Board Committee on Operations on behalf of the Board between regularly scheduled Board Meetings.] |
| 5119-F | Ramsey v State Bar of California [Report of action taken by the Board Committee on Operations on behalf of the Board between regularly scheduled Board Meetings.] |
| 5119-G | Chow and Williams v Johnson, Hawley, et al [Report of action taken by the Board Committee on Operations on behalf of the Board between regularly scheduled Board Meetings.] |
| 5119-H | Claim of Ronald and Sharonne Reher [Report of action taken by the Board Committee on Operations on behalf of the Board between regularly scheduled Board Meetings.] |
| 5119-I | Claim of Stephen McFarland [Report of action taken by the Board Committee on Operations on behalf of the Board between regularly scheduled Board Meetings.] |
| 5119-J | Claim of Felix Torres [Report of action taken by the Board Committee on Operations on behalf of the Board between regularly scheduled Board Meetings.] |
| 5119-K | Claim of Gregory Morris [Report of action taken by the Board Committee on Operations on behalf of the Board between regularly scheduled Board Meetings.] |
| (Closed pursuant to Business and Professions Code section 6026.5(a)) | ||
| 6000 Appointments |
6010 Closed Consent |
| 6011 | Fee Arbitration Department - annual reappointment and appointment of arbitrators and presiding arbitrator |
| 6012 | Business Law Section Executive Committee - interim appointment of member |
| 6013 | Family Law Section Executive Committee - interim appointment of member |
| 6014 | Committee on Professional Responsibility and Conduct - interim appointment of member |
| 6015 | Legal Services Trust Fund Commission - interim appointment of member |
| 6016 | Taxation Law Advisory Commission - interim appointment of member |
| 6017 | Workers' Compensation Law Advisory Commission - interim appointment of officer |
| 6018 | California Commission on Access to Justice - annual appointment of officers |
| 6019A | Lawyers Assistance Program Oversight Committee - annual appointment of officers and members |
| 6019B | California Bar Foundation Board of Directors - annual appointment of members |
| (Closed pursuant to Business and Professions Code section 6026.5(g)) | ||
ADJOURN
(4:30 p.m.)