Board of Governors Meeting
Agenda

The State Bar Of California
180 Howard Street
Board Room, 4th Floor
San Francisco, CA 94105
(415) 538-2000
Friday, March 7, 2008


This meeting will be adjourned in memory of Edwin Leroy "Roy" Tolles, founding partner of Munger Tolles & Olson LLP, who passed away on January 28, 2008.

(The times listed below are guidelines. The President reserves the right to adjust this schedule.)

The order of business is approximate and subject to change.

For meetings of the Board and Board Committee(s), the Board of Governors meeting will commence at the conclusion of the Board Committee meeting(s). All times indicated and the order of business are approximate and subject to change.
Open Session

(Bleich) 1 Open Forum

Guests' appearances have not been confirmed yet. Notification of those wishing to address the Board will be forwarded to you at a later date.

1:30 p.m.
(40 minutes)
(Bleich) 10 Minutes2:10:30 p.m.
(2 minutes)
November 9, 2007November 9, 200754-112 - Rules Governing Open/Closed Meetings of the Board54-121 - Rules of Procedure for Fee Arbitrations by the No. Santa Barbara County Bar Assn54-122 - Rules of Procedure for Fee Arbitrations by Santa Monica Bar Assn54-123 - Rules of Procedure for the Hearing of Fee Arbitrations and Mediations by the Contra Costa County Bar Assn54-132 - LAP Rules Governing the Financial Assistance Plan, paras (A), (B) and (C) of Section 254-165 - Diversity Pipeline Model Program Self-Evaluation GuidelinesRule 657, Rules of Procedure [Interim Procedure for Consideration and Transmittal of Resignations with Disciplinary Charges Pending]141 - Schedule of Charges for Unaccredited Law Schools6011 A: Fee Arbitrators Reappointments6011 B: Fee Arbitrators New Appointments
January 12, 2008January 12, 200854-113: COI - Designated Employee Positions54-113: COI - Disclosure54-113: COI - Code114: Rules Regulating Interest-Bearing Trust Accounts for the Provision of Legal Services to Indigent Persons114 LSTF/IOLTA Proposed Rule of Court to Implement AB 1723116: Procedures for the Election of President122: Report of the State Bar to Supreme Court re Frye v THC122: Appencides to the Bar's Frye Report to Supreme Court
(Bleich) 30 President's Report2:12 p.m.
(5 minutes)
(Johnson) 40 Staff Reports2:17 p.m.
(5 minutes)
(Johnson)
41/42 Executive Director Secretary

(Bleich) 50 Consent Agenda2:22 p.m.
(2 minutes)
51,52,53 Financial Statements , Investment Report, and Client Security Report for Quarter Ended December 31, 2007Financial Statements , Investment Report, and Client Security Report for Quarter Ended December 31, 20072007 4Q Financial Statement2007 4Q Investment Report2007 4Q CSF Report
54-112 Public Comment Rules - proposed shortening of public comment time period, following public comment periodPublic Comment Rules - proposed shortening of public comment time period, following public comment periodSupplemental MaterialsExhibit A-Public Comments
54-121 San Mateo County Bar Association Rules of Procedure for Fee Arbitrations - proposed approvalSan Mateo County Bar Association Rules of Procedure for Fee Arbitrations - proposed approvalSan Mateo County Bar Assn Rules of Procedure for Fee Arbitrations
54-122 Rules of Procedure of The State Bar of California - proposed amendments to allow use of Judicial Council subpoena formsRules of Procedure of The State Bar of California - proposed amendments to allow use of Judicial Council subpoena formsJudicial Council Subpoena Form
54-131 Members' Requests for Adjustments to Fees and/or Penalties - proposed approvalMembers' Requests for Adjustments to Fees and/or Penalties - proposed approval
54-132 Rules Governing the Financial Assistance Plan - proposed amendments to Section 6 [Amount Loaned for Outpatient Therapy], following public comment periodRules Governing the Financial Assistance Plan - proposed amendments to Section 6 [Amount Loaned for Outpatient Therapy], following public comment period
54-133 Rules Governing the Financial Assistance Plan - proposed amendments to Section 7 [Installment Payments for Delinquent Debt], following public comment periodRules Governing the Financial Assistance Plan - proposed amendments to Section 7 [Installment Payments for Delinquent Debt], following public comment period
54-134 Rules Governing the Financial Assistance Plan - proposed amendments to Section 13 [Loans to Returning Participants], following public comment periodRules Governing the Financial Assistance Plan - proposed amendments to Section 13 [Loans to Returning Participants], following public comment period
54-135 2007 Lawyer Assistance Program Annual Report - proposed submission for filing [NOTE: The attachment is not ready yet, it will be uploaded next week and you will be so advised.]2007 LAP Annual ReportLAP 2007 Annual Report
54-151 California ALL Board - ratification of appointmentCalifornia ALL Board - ratification of appointmentAtt A: CA ALL IntroductionAtt B: Klein Bio
54-164 Mediation Week Recognition - proposed approvalMediation Week Recognition - proposed approval
100 Reports of Board Committees
(Bleich)
110 Board Committee on Operations
2:24 p.m.
(10 minutes)
111-124 Executive Director and Chief Trial Counsel Performance Evaluation ProcessExecutive Director and Chief Trial Counsel Performance Evaluation Process
(Fujie)
120 Regulation, Admissions & Discipline Oversight
2:34 p.m.
(10 minutes)
111-124 Executive Director and Chief Trial Counsel Performance Evaluation Process
(Please see item 111-124 under the Board Committee on Operations.)


123 California Rules of Court and Rules of Procedure of The State Bar of California - proposed amendments regarding resignations with disciplinary charges pending, following public comment periodCalifornia Rules of Court and Rules of Procedure of The State Bar of California - proposed amendments regarding resignations with disciplinary charges pending, following public comment periodAtt A: CA Rules of Court, 9.20 Att B: Resignation Comparison Chart
(Penrod)
130 Member Oversight
2:44 p.m.
(5 minutes)
(Murphy)
140 Planning, Program Development & Budget
2:49 p.m.
(11 minutes)
141 Carryover of Budgeted Funds from 2007 to 2008 (formerly titled Year-end Budget Adjustment) - proposed approvalCarryover of Budgeted Funds from 2007 to 2008
142 Creation of a State Bar Task Force on Sustainable Practice - proposed approvalCreation of a State Bar Task Force on Sustainable Practice - proposed approval
143 Litigation Section: Expansion of International Education Program - proposed approvalLitigation Section: Expansion of International Education Program - proposed approval
(McNicholas)
150 Volunteer Involvement
3:00 p.m.
(5 minutes)
(Ramirez)
160 Stakeholder Relations
3:05 p.m.
(10 minutes)
161 Report from the Office of Government Affairs
162 Immediate Action Items
163 Legal Services Trust Fund - proposed approval of set amount for distribution for 2008-09 IOLTA grantsLegal Services Trust Fund - proposed approval of set amount for distribution for 2008-09 IOLTA grants
(Penrod)
170 Task Force on Sections
3:15 p.m.
(5 minutes)
(Chick)
180 Audit Committee

Closed Session
3:20 p.m.
(40 minutes)
1000 Minutes
November 9, 2007
January 12, 2008
(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

3113 Claim of Chow
3114 Claim of Williams
(Penrod) 3115 Oral Status Report from the Board's Special Committee re Certain Litigation

(Closed pursuant to Business & Professions Code Section 6026.5(a))
(Fujie)
3120 Regulation, Admissions & Discipline Oversight

3125-A Resignation of Attorney Isaac Berneman (SBN 52223) with Disciplinary Charges Pending
3125-B Resignation of Attorney Robert Florian DeSmet (SBN 53402) with Disciplinary Charges Pending
3125-C Resignation of Attorney Willie Hence, Jr. (SBN 194033) with Disciplinary Charges Pending
3125-D Resignation of Attorney Thomas James Hilligan (SBN 35453) with Disciplinary Charges Pending
3125-E Resignation of Attorney Gary L. Kaplan (SBN 88484) with Disciplinary Charges Pending
3125-F Resignation of Attorney William Brook Knowles (SBN 138745) with Disciplinary Charges Pending
3125-G Resignation of Attorney Douglas Winston Le (SBN 209117) with Disciplinary Charges Pending
3125-H Resignation of Attorney Jeffrey Ray Nielsen (SBN 202862) with Disciplinary Charges Pending
3125-I Resignation of Attorney Marvin Lawrence Part (SBN 29302) with Disciplinary Charges Pending
3125-J Resignation of Attorney George Ray Robertson (SBN 157558) with Disciplinary Charges Pending
3125-K Resignation of Attorney Derk Wayne Schutmaat (SBN 163633) with Disciplinary Charges Pending
3125-L Resignation of Attorney Robert Kingsley Scott (SBN 113605) with Disciplinary Charges Pending
3125-M Resignation of Attorney James Ambrose Stevens (SBN 128658) with Disciplinary Charges Pending
3125-N Resignation of Attorney Melvin Joseph Visger (SBN 138783) with Disciplinary Charges Pending
(Closed pursuant to Business and Professions Code section 6026.5 to consider a matter involving a disciplinary investigation or procedure.)
(Moffat) 4000 Staff Reports
4010 General Counsel's 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))
(McNicholas) 6000 Appointments
6010 Closed Consent

6011 Estate Planning, Trust and Probate Law Advisory Commission - interim appointment of member
6012 Legal Services Trust Fund Commission - - interim appointment of officer
6013 Commission on Judicial Nominees Evaluation - reappointment of member
6014 Legal Services of Northern California - annual appointment of attorney members and officers to the Board of Directors
6015 Fee Arbitration Department - appointment of new arbitrators

6020 Closed Appointments

6021 ABA House of Delegates - appointment of delegates
6022 Judicial Council - appointment of members (This item will be distributed separately by mail and will not be available on the Bar's Web site.)
(Closed pursuant to Business and Professions Code section 6026.5(g))
ADJOURN