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, July 11, 2008


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 PRESIDENTIAL ELECTION
1. Presidential Candidate Dialogue (Fujie, Murphy and Ramirez) 1:00 p.m.
2. Election of the 2008-09 President of The State Bar of California
[This will commence upon the conclusion of the candidate dialogue]
10 Minutes
May 16, 2008May 16, 200854-121: Sacto County Bar Assn Rules of Procedure for Mandatory Fee Arbitration54-133 1: Rules Governing the State Bar of CA Program for Certifying Legal Specialists54-133 2: Appellate Law Standards for Certification and Recertification54-133 3: Criminal Law Standards for Certification and Recertification54-133 4: Taxation Law Standards for Certification and Recertification54-133 Att 5: Workers' Compensation Law Standards for Certification and RecertificationMay 123: Rules of Procedure of The State Bar of California re State Bar Court's Alternative Discipline ProgramMay 124: New Rule 3-410, California Rules of Professional Conduct re insurance disclosureMay 136: Repeal Art. XIII, Rules & Regs of the State Bar, Adopt Rules 3.120-3/127 Title 3. Programs & Services, Division 1. Attorney Members, Chapter 2. SectionsMay 141: Multi-Year Board Meeting ScheduleMay 6014: Section Executive Committees - 2008-09 Annual Appointment of Members and OfficersMay 6021: Standing Committees, Special Boards, Commissions and Committees - appointment of officers and members 2008-09
30 President's Report
30-1 Creation of Task Force on Transition Planning - proposed approvalCreation of Task Force on Transition Planning - proposed approval
30-2 Proposed Rule 9.6 Board Policy on Removal of One-time Only Fee Suspensions from The State Bar of California Web siteProposed Rule 9.6 Board Policy on Removal of One-time Only Fee Suspensions from The State Bar of California Web siteRule 9.6
40 Staff Reports
(Johnson)
41 Executive Director/ Secretary

1 Announcement of Successful Candidates of the 2008 Election to the Board of Governors
(Bleich) 50 Consent Agenda
54-121 Notice of your Rights after Arbitration Form - proposed amendments following public comment periodNotice of your Rights after Arbitration Form - proposed amendments following public comment periodNotice of your Rights after Arbitration Form
54-122 State Bar's Model Rules of Procedure for Fee Arbitrations - proposed amendments following public comment periodState Bar's Model Rules of Procedure for Fee Arbitrations - proposed amendments following public comment periodState Bar's Model Rules of Procedure for Fee Arbitrations
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 Trusts and Estates Law Section Bylaws - proposed amendmentsTrusts and Estates Law Section Bylaws - proposed amendments
54-166 The State Bar's Emeritus Pro Bono Participation Program Rule - proposed amendments following public comment periodThe State Bar's Emeritus Pro Bono Participation Program Rule - proposed amendments following public comment periodEmiritus Attny Public Comment Summary
100 Reports of Board Committees
(Bleich)
110 Board Committee on Operations

111 Executive Director Contract [materials will be provided separately]

112 Amendment to Executive Staff Rules Section 27 [Retirement] and Adoption of Retiree Healthcare Plan DocumentAmendment to Executive Staff Rules Section 27 [Retirement] and Adoption of Retiree Healthcare Plan DocumentAtt A. Ex. Staff Rules Section 27 [Retirement]Att B. Ex.Staff Post PERS Retirement Health Plan
(Fujie)
120 Regulation, Admissions & Discipline Oversight

123 On-line Publication of Notices of Disciplinary Charges - proposed approval following public comment periodOn-line Publication of Notices of Disciplinary Charges - proposed approval following public comment periodWeb Site Policy re Posting of Notices of Disciplinary Charges Public Comment Summary
124 Rules of the State Bar, Title 4, Division 1 (Admission to Practice Law in California) - proposed amendments following public comment periodRules of the State Bar, Title 4, Division 1 (Admission to Practice Law in California) - proposed amendments following public comment periodRules of the State Bar, Title 4, Division 1 (Admission to Practice Law in California)
125 Rules of the State Bar, Title 4, Division 2 (Accreditation of Law Schools in California) - proposed amendments following public comment periodRules of the State Bar, Title 4, Division 2 (Accreditation of Law Schools in California) - proposed amendments following public comment periodRules of the State Bar, Title 4, Division 2 (Accreditation of Law Schools in California)
(Penrod)
130 Member Oversight

133 Legal Specialization, Franchise and Distribution Law - proposed alternative to written examination, following public comment periodLegal Specialization, Franchise and Distribution Law - proposed alternative to written examination, following public comment periodAttach_A_Franchise_&_Distribution Standards
134 Certification Standards for New Specialty in Legal Malpractice Law - proposed establishment of a consulting group to create standards for new specialty within the Legal Specialization ProgramCertification Standards for New Specialty in Legal Malpractice Law - proposed establishment of a consulting group to create standards for new specialty within the Legal Specialization Program
135 State Bar Web Advertising Policy - proposed amendmentsState Bar Web Advertising Policy - proposed amendmentsAtt 1: Web Advertising Policy (current)Att 2: Web Advertising Policy (proposed)
(Murphy)
140 Planning, Program Development & Budget

141 2009 State Bar Budget - proposed adoption2009 State Bar Budget - proposed adoptionAttachment 1 - Proposed 2009 Budget
142 Membership Fees, Fee Scaling, Penalties and Due Date - proposed approvalMembership Fees, Fee Scaling, Penalties and Due Date - proposed approvalAttachment_1_Schedule of Charges and Deadlines for 2009
143 Audited Statement of Expenditures of Mandatory Membership Fees for Year End December 2007, and Independent Auditor's ReportAudited Statement of Expenditures of Mandatory Membership Fees for Year End December 2007, and Independent Auditor's ReportAttachment_1_Audited Statement of Expenditures of Mandatory Membership Fees for Year End December 2007, and Independent Auditor's Report
144 Long Range Strategy - proposed amendments following public comment periodLong Range Strategy - proposed amendments following public comment periodAttachment 1 - Long Range StrategyAttachment 2 - Work Plan Policy RevisionsAttachment 3 - Sustainability Task Force Public Comment
145 CalPERS for Retiree Healthcare Trust - Authorization to Contract for State Bar of California Post Employment Retirement Welfare Benefit TrustCalPERS for Retiree Healthcare Trust - Authorization to Contract for State Bar of California Post Employment Retirement Welfare Benefit TrustAttachment 1 Milliman ReviewAttachment 2 PERS Trust Agreement
(McNicholas)
150 Volunteer Involvement



(Ramirez)
160 Stakeholder Relations

161 Report on Governmental Affairs
162 Immediate Action Items
163 Legal Services Trust Fund: Policy for "comparably conservative" IOLTA Accounts - proposed approvalAtt 1: B&P Code, Section 6210 et seqAtt 2: Resource Memo re Policy to Define Comparably Conservative Money Market FundsAtt 3: Money Market Fund Review Policy
164 State Bar Annual Meeting - proposal to permit the Bar's Annual Meeting to be held out of state, following public comment periodState Bar Annual Meeting - proposal to permit the Bar's Annual Meeting to be held out of state, following public comment periodPublic Comment Summary
165 Annual Meeting - Request for Information (RFI) and Interest in Sponsoring and Funding Key Events at Future State Bar Annual MeetingsAnnual Meeting - Request for Information (RFI) and Interest in Sponsoring and Funding Key Events at Future State Bar Annual Meetings
170 Task Force on Sections



180 Audit Committee



700 Miscellaneous
Closed Session

(Bleich) 1000 Minutes
May 16, 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
(Fujie)
3120 Regulation, Admissions & Discipline Oversight

3126-A Resignation of Leonard K. Colombo (SBN 102483) With Disciplinary Charges Pending – proposed recommendation
3126-B Resignation of Dirk Alan Fulton (SBN 88404) With Disciplinary Charges Pending proposed recommendation
3126-C Resignation of Martin Resendez Guajardo (SBN 75605) With Disciplinary Charges Pending - proposed recommendation
3126-D Resignation of Ronald S. Parker (SBN 62357) With Disciplinary Charges Pending - proposed recommendation
3126-E Resignation of Leo Benson Wilkes (SBN 114253) With Disciplinary Charges Pending - proposed recommendation
3126-F Resignation of William Stuart Gebbie (SBN 45212) With Disciplinary Charges Pending - proposed recommendation
3126-G Resignation of Anthony Lawrence Wright (SBN 46186) With Disciplinary Charges Pending - proposed recommendation
3126-H Resignation of Mark Steven Stein (SBN 173808) With Disciplinary Charges Pending - proposed recommendation
3126-I Resignation of Aaron La Vell Swickard (SBN 212298) With Disciplinary Charges Pending - proposed recommendation
3126-J Resignation of Dennis Duane Ziegler (SBN 193050) With Disciplinary Charges Pending - proposed recommendation
3126-K Resignation of Franklin Stephen Cibula (SBN 37411) With Disciplinary Charges Pending - proposed recommendation
3126-L Resignation of John Thomas Logan (SBN 66623) With Disciplinary Charges Pending - proposed recommendation
3126-M Resignation of Roger James Agajanian (SBN 55393) With Disciplinary Charges Pending - proposed recommendation
3126-N Resignation of James Lee Padrino (SBN 164724) With Disciplinary Charges Pending - proposed recommendation

(Closed pursuant to B & P Code section 6026.5 to consider a matter involving a disciplinary investigation or procedure.)

4000 Staff Reports
4010 General Counsel's Report: (a) certain litigation (to be identified); (b) any settlement matters; (c) prospective litigation; and (d) any requested waivers of claims of privilege
(Closed pursuant to Business and Professions Code section 6026.5(a))
5000 Closed Consent
(Bleich)
5110 Board Committee on Operations

(Fujie)
5120 Regulation, Admissions & Discipline Oversight

(Closed pursuant to Business and Professions Code section 6026.5(a))
(McNicholas) 6000 Appointments
6010 Closed Consent

6011 Legal Services of Northern California (LSNC) - reappointment of attorney member to the board of directors
6012 California Rural Legal Assistance Program (CRLA) - annual appointment of attorney members to the board of directors
6013 Fee Arbitration Department - appointment of new arbitrators
6020 Closed Appointments

6021 Commission on Judicial Nominees Evaluation - appointment of officers, members and alternates
6022 Legal Malpractice Law Consulting Group - appointment of members
6023 Center for Civic Education Board of Directors - appointment of two Board members
6024 Standing, Section Executive and Special Committees and Commissions - 2008-09 annual appointment of members and officers, Part II
6025 Loren Miller Legal Services Award - selection of recipient
6026 Diversity Awards - selection of recipients
6027 President's Pro Bono Service Awards - selection of recipients
6028 Bernard E. Witkin Medal Award - selection of recipient
(Closed pursuant to Business and Professions Code section 6026.5(g))
ADJOURN