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 6, 2009
12:00 p.m. - 3:30 p.m.

This Board meeting will adjourn in memory of Ray Cotkin, an outstanding State Bar volunteer, who was former chair, and a 27-year member of the Bar's Committee on Group Insurance Programs.

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

(Fujie) 1 GUESTS
1-1 California State Bar Foundation—presentation by Leslie Hatamiya, Executive Director
[SPECIAL ORDER OF BUSINESS 12:30 p.m. - 12:50 p.m.]
(Fujie) 10 Minutes
10-1 November 21, 2008 (Regular Meeting)
10 Minutes
November 21, 2008 (Regular Meeting)
Attachments:
Att.1:San Diego County Bar Assn Fee Arbitration RulesNov54-121 Att.2: San Bernardino Rules of Procedure for Mandatory Fee Arbitration Nov54-122Att.3: SB Rules of Procedure, 600-608, Convictions, Nov124Att.4: Admiralty & Maritime Law Stds./Recert., Nov 134Att.5: Legal Malpractice Stds., Nov. 135Att.6: Schedule of Law School Fees, Nov. 141Att.7: Unaccredited Law School fees, Nov. 141Att.8: Education Pipeline Award-Guidelines, Nov. 165Att.9: Reappts to SB Fee Arb. Dept., Nov. 6011Att.10: Appts to SB Fee Arb. Dept., Nov. 6011
10-2 January 10, 2009 (Regular Meeting)
10 Minutes
January 10, 2009 (Regular Meeting)
Attachments:
Att.A: COI Designated Employee PositionsAtt.B: COI Disclosure CategoriesAtt.C: COI Amended CodeAtt.D: Confidential Employee Rules-Amendments
10-3 January 23, 2009 (Emergency Conference Call Meeting)
10 Minutes
January 23, 2009 (Emergency Conference Call Meeting)
30 President's Report
30-1 Setting the Date and Time for the Special Meeting for the Election of the 2009 - 2010 State Bar President
40 Staff Reports
(Johnson)
41 Executive Director

40-1 2009 Board of Governors Election Schedule
40 Staff Reports
2009 Board of Governors Election Schedule
42 Secretary

(Fujie) 50 Consent Agenda
51/52/53 51: Financial Statement for Quarter Ended December 31, 2008; 52: Investment Report for Quarter Ended December 31, 2008; and 53: Client Security Fund Report for Quarter Ended December 31, 2008
50 Consent Agenda
51: Financial Statement for Quarter Ended December 31, 2008;
Attachments:
51 Financial Statement52 Investment Report53 CSF Report
54-111 State Bar Rule 6.9, Election of CYLA Board of Governors Member—proposed approval following public comment period
50 Consent Agenda
State Bar Rule 6.9, Election of CYLA Board of Governors Member—proposed approval following public comment period
54-112 Foster v Dental Board of Cal, Dept of Consumer Affairs—request for amicus curiae participation [Report of action taken by the Board Committee on Operations on February 20, via conference call, acting on behalf of the Board between regularly scheduled meetings.]
50 Consent Agenda
Foster v Dental Board of Cal, Dept of Consumer Affairs—request for amicus curiae participation
54-121 Arbitration Rules of Procedure of the Bar Association of San Francisco Attorney/Client Fee Dispute Program—proposed amendments
50 Consent Agenda
Arbitration Rules of Procedure of the Bar Association of San Francisco Attorney/Client Fee Dispute Program—proposed amendments
Attachments:
BASF Arbitration Rules of Procedure
54-131 Member Request for Adjustment to Fees and/or Penalties / Waivers—proposed approval
50 Consent Agenda
Member Request for Adjustment to Fees and/or Penalties / Waivers—proposed approval
54-132 Statutory Report and Filing with the Board and Legislature of the Lawyer Assistance Program Annual Report—proposed acceptance
50 Consent Agenda
Statutory Report and Filing with the Board and Legislature of the Lawyer Assistance Program Annual Report
Attachments:
LAP 2008 Annual Report
54-165 Legal Services Trust Fund, Set Amount for Distribution for 2009-2010 IOLTA Grants—proposed approval
50 Consent Agenda
Legal Services Trust Fund, Set Amount for Distribution for 2009-2010 IOLTA Grants—proposed approval
54-166 Legal Services Trust Fund Program, Title 3, rules 3.660 - 3.692 of the Rules of The State Bar—proposed approval following public comment period
50 Consent Agenda
Legal Services Trust Fund Program, Title 3, rules 3.660 - 3.692 of the Rules of The State Bar—proposed approval following public comment period
Attachments:
Att.1: LSTF Title 3, Rules 3.660-3.692, RedlinedAtt.2: LSTF Rules Clean VersionAtt.3: Summary of Public Comment, March 2008Att.4: Summary of Public Comment, Nov. 2008
54-167 Mediation Week Recognition—proposed approval
50 Consent Agenda
Mediation Week Recognition—proposed approval
54-168 Diversity Awards Reception—request for change of venue
50 Consent Agenda
Diversity Awards Reception—request for change of venue
100 Reports of Board Committees
(Fujie)
110 Board Committee on Operations

113 Executive Director Performance Evaluation Process
100 Reports of Board Committees
Executive Director Performance Evaluation Process
114 Memoranda of Understanding—potential action
100 Reports of Board Committees
MOU
115 Working Group on Annual Meeting [Materials, if any, will be uploaded closer to the meeting.]
(Frankel)
120 Regulation, Admissions & Discipline Oversight

122 Rule of Court: Rule 9.21 - Resignations of State Bar Members with Disciplinary Charges Pending, and Rules of Procedure of the State Bar of California—proposed adoption of Rule of Court, and subsequent famendments to Rules of Procedure, ollowing public comment period
100 Reports of Board Committees
Rules of Court: Resignations with Charges Pending—proposed adoption following public comment period
Attachments:
Att.A: Rule of Court 9.21, Resignations of SB Members with Disciplinary Charges Pending Text (Redlined)Att.B: Public Comment on Rule Change
123 Rules of Court, and Rules of Procedure of The State Bar of California re Permanent Permanent Disbarment of State Bar Members, and Passage of Attorney Bar Examination as Condition of Reinstatement—proposed adoption of rule and subsequent amendments to SB Rules of Procedure, following public comment period
100 Reports of Board Committees
Rules of Court, and Rules of Procedure of The State Bar of California re Permanent Permanent Disbarment of State Bar Members, and Passage of Attorney Bar Examination as Condition of Reinstatement—proposed adoption of rule and subsequent amendments to SB Rules of Procedure, following public comment period
Attachments:
Att.A: Rule of Court 9.10, SB Rules of Procedure re Reinstatement/ReadmissionAtt.B: Public Comment Responses
124 Rules of Procedure of The State Bar of California: Client Security Fund Actuarial Study—proposed implementation of recommendations to the Rules of CSF re maximum reimbursement from fund, following public comment period
100 Reports of Board Committees
Rules of Procedure of The State Bar of California: Client Security Fund Actuarial Study—proposed implementation of recommendations following public comment period
Attachments:
Amendments to Rule 4, Rules of Procedure re CSF Maximum Reimbusement
125 Rule 2.40 the Rules of the State Bar re Resignations Without Disciplinary Charges Pending and Approval of Voluntary Resignation Form—proposed adoption following further public comment period
100 Reports of Board Committees
Rule 2.40 the Rules of the State Bar re Resignations Without Disciplinary Charges Pending and Approval of Voluntary Resignation Form—proposed adoption following further public comment period
Attachments:
Att.A: Rule 2.40, Rules of the State Bar Amended TextAtt.B: Voluntary Resignation Form
126 Chief Trial Counsel Performance Evaluation Process
100 Reports of Board Committees
Chief Trial Counsel Performance Evaluation Process
(Peterson)
130 Member Oversight

133 Proposed Rule 9.6 Board Policy on Removal of One-time Only Fee Suspension from the Bar's Web Site—proposed action following public comment period
100 Reports of Board Committees
Proposed Rule 9.6 Board Policy on Removal of One-time Only Fee Suspension from the Bar's Web Site—proposed action following public comment period
Attachments:
Att.1: Removal of one-time Suspension from SB Web SiteAtt.2: Redaction of Pre-expungement SuspensionAtt.3: Historical Chart re Expungement Enhancements
134 Malpractice Insurance Affordability and Availability Survey—proposed approval
100 Reports of Board Committees
Malpractice Insurance Affordability and Availability Survey—proposed approval
(Miller)
140 Planning, Program Development & Budget

141 2009 Budget Review Revisions—proposed approval [Materials, if any, will be uploaded closer to the meeting.]
100 Reports of Board Committees
2009 Budget Review Revisions
(Dutton)
150 Volunteer Involvement

(Dumanis)
160 Stakeholder Relations

161 Report on Government Affairs
162 Immediate Action Items
163 Legal Services Trust Fund Program: Proposed Rule of Court and/or Legislative Amendment to IOLTA Statute—proposed approval following public comment period
100 Reports of Board Committees
Legal Services Trust Fund Program: Proposed Rule of Court and/or Legislative Amendment to IOLTA Statute—proposed approval following public comment period
Attachments:
Att.1: B&P Code Sections 6210-6228Att.2: 1981 Supreme Court OrderAtt.3: 2008 Supreme Court Order Rescinding Its 1981 OrderAtt.4: Proposed Supreme Court Rule 9._, Request to be AdoptedAtt.5: Notice of Public CommentAtt.6: J Rocket Memo to LSTFCAtt.7: Proposed Amended B&P Code Sections 6212 & 6213 RedlinedAtt.8: Summary of Public Comment
164 Consideration/Approval of Proposed State Bar Sponsored Legislation - Fee Arbitration
100 Reports of Board Committees
Consideration/Approval of Proposed State Bar Sponsored Legislation - Fee Arbitration
(White)
170 Task Force on Sections

180 Audit Committee

700 Miscellaneous
(White) 701 Commission for Impartial Courts Steering Committee's Recommendations—oral report
(Kramer, Jr.) 702 Find A Lawyer (FAL)—status report
Closed Session

1000 Minutes
(Fujie) 1000-1 November 21, 2008
1000-2 January 10, 2009
(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
(Frankel)
3120 Regulation, Admissions & Discipline Oversight

3127-A Resignation of David Irvin Abrams (SBN 133545) With Disciplinary Charges Pending —proposed approval
3127-B Resignation of Alan Kuerth Achen (SBN 85832) With Disciplinary Charges Pending—proposed approval
3127-C Resignation of Roger James Agajanian (SBN 55393) With Disciplinary Charges Pending—proposed approval
3127-D Resignation of Kevin Paul Bjerregaard (SBN 127949) With Disciplinary Charges Pending—proposed approval
3127-E Resignation of Eric Michael Borgerson (SBN 177943) With Disciplinary Charges Pending—proposed approval
3127-F Resignation of S. Callaghan Brickwood (SBN 96324) With Disciplinary Charges Pending—proposed approval
3127-G Resignation of Kenneth Edward Cohen (SBN 129220) With Disciplinary Charges Pending—proposed approval
3127-H Resignation of Mark Mitchell Geyer (SBN 64122) With Disciplinary Charges Pending—proposed approval
3127-I Resignation of Timothy Wade Hessler (SBN 231689) With Disciplinary Charges Pending—proposed approval
3127-J Resignation of Kevin John Hughes (SBN 111640) With Disciplinary Charges Pending—proposed approval
3127-K Resignation of Russell Milton Koch (SBN 23390) With Disciplinary Charges Pending —proposed approval
3127-L Resignation of Thomas Ryan Lee (SBN 61858) With Disciplinary Charges Pending —proposed approval
3127-M Resignation of John Edward Linneball (SBN 181795) With Disciplinary Charges Pending—proposed approval
3127-N Resignation of Andrew Ellis Rubin (SBN 62587) With Disciplinary Charges Pending—proposed approval
3127-O Resignation of Gerald Michael Shaw (SBN 60001) With Disciplinary Charges Pending —proposed approval
3127-P Resignation of David Anthony Silva (SBN 149506) With Disciplinary Charges Pending —proposed approval
3127-Q Resignation of Corecia Joy Woo (SBN 214544) With Disciplinary Charges Pending —proposed approval
3127-R Resignation of Eric Phillip Xanthopolous (SBN 235973) With Disciplinary Charges Pending—proposed approval
4000 Staff Reports
4010 General Counsel — report (a) certain litigation, to be identified; (b) any settlement matters; (c) prospective litigation; and 9d) 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

5116 Real Property Embezzlement
[Report of action taken by the Board Committee on Operations via email poll on January 26, 2009, on behalf of the Board of Governors between regularly scheduled Board meetings.]
5117 Morris, Claim of
[Report of action taken by the Board Committee on Operations via on behalf of the Board of Governors between regularly schedule Board meetings.]
(Closed pursuant to Business and Professions Code section 6026.5(a))
(Dutton) 6000 Appointments
6010 Closed Consent

6011 Council on Access and Fairness—interim appointment of members
6012 Committee on Group Insurance Programs—interim appointment of member
6013 Public Law Section Executive Committee—interim appointment of member
6014 Legal Services of Northern California (LSNC)—annual appointment of attorney members to the Board of Directors
6015 Fee Arbitration Department—appointment of new arbitrators
6016 Committee on Mandatory Fee Arbitration—interim appointment of member
6017 Committee of Bar Examiners—interim appointment of member
6020 Closed Appointments

6021 ABA House of Delegates—annual appointment of members
6022 Judicial Council—annual appointment of member
6023 LAP Oversight Committee—interim appointment of member
6024 Review Committee, Commission of Judicial Nominees Evaluation—interim appointment of member
(Closed pursuant to Business and Professions Code section 6026.5(g))
ADJOURN
 (3:30 p.m.)