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, May 15, 2009


NOTE: There are three Special Orders of Business:

1) 12:20 p.m.: Presentation of Recognition Certificate to Practising Law Institute, which will be accepted by John Mola, Director of PLI's California Operations;

2) 12:25 p.m.: Presentation by Union Representative/Staff Member Dan Passamaneck, followed by consideration of MAY 113, MOU Negotiations Update;

3) Immediately following the MOU item, Find A Lawyer, item MAY 701, will be presented by Mr. Kramer

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

1 Guest Section
(Fujie) 1-1 Presentation of Recognition Certificate to Practising Law Institute, which will be accepted by John Mola, Director of PLI's California Operations
[SPECIAL ORDER OF BUSINESS: 12:20 P.M.]
(Fujie) 10 Minutes
March 6, 2009 (Revised May 13, 2009)March 6, 2009 (Revised May 13, 2009)Att.1: 54-121 BASF Arbitration and Mediation Rules of ProcedureAtt.2: 54-132 LAP 2008 Annual ReportAtt.3: 54-166 New Rules 3.360-3.692. LSTF in Title 3, Rules of the State Bar; repeals Rules Regulating Interest-Bearing Trust Fund Accounts for Provision of Legal Services to Indigent PersonsAtt.4: 114 MOU Proposed TermsAtt.5: 122 Proposed Amendment to Rule 9.21, CA Rules of Court; and Rule 658, SBC Rules of ProcedureAtt.6: 123 Proposed Amendments to rule 9.10, CA Rules of Court & rule 655, SBC Rules of Procedure-Permanent DisbarmentAtt.7A: 125 Rule 2.37, Rules of the State Bar re Voluntary ResignationsAtt.7B: 125 Voluntary Resignation FormAtt.8: 133 Rule 9.6, One-time only Fee Suspension from the SB's Web siteAtt.9 1: 163 B&P Code Sctns 6212-6213 IOLTA Statute AmendmentsAtt.9 2: 163 Proposed Rule of Court, 9.___ IOLTA AcctsAtt.10: 701 Commission, Impartial Courts Steering Cttee's RecommendationsAtt.11: XTRA - Multi-Year Board Meeting Schedule Location Changes
(Fujie) 30 President's Report
1 State Bar President's Letter in Support of Legal Services Corporation Funding
(Johnson) 40 Staff Reports
(Johnson)
41/42 Executive Director/Secretary

1 Announcement of Candidates for the 2009-2010 Presidency of the State Bar
(Fujie) 50 Consent Agenda
54-121 State Bar Rules of Procedure for Fee Arbitrations and the Enforcement of Awards by the State Bar of California—proposed amendments following public comment periodState Bar Rules of Procedure for Fee Arbitrations and the Enforcement of Awards by the State Bar of California—proposed amendments following public comment periodAtt.A: 54-121 SB Fee Arb. Rules of ProcedureAtt.B: Draper Comment Att.C: Mayer Comment
54-122 Sonoma County Bar Association Rules of Procedure for Fee Arbitrations—proposed amendmentsSonoma County Bar Association Rules of Procedure for Fee Arbitrations—proposed amendmentsSonoma County Bar Association Fee Arb. Fee Increases
54-131 Members' Requests for Adjustments to Fees and/or Penalties/Waiver—proposed approvalMembers' Requests for Adjustments to Fees and/or Penalties/Waiver—proposed approval
54-132 22nd Report and Filing with the California Supreme Court of the Board of Legal Specialization 2008 Annual Report—proposed receipt and approval for filing with The Supreme Court22nd Report and Filing with the California Supreme Court of the Board of Legal Specialization 2008 Annual Report—proposed receipt and approval for filing with The Supreme Court22nd Legal Specialization Annual Report
54-133 Recommendation to the California Supreme Court for Suspension of Members Delinquent in Payment of 2008-09 State Bar Fees, Penalties and CostsRecommendation to the California Supreme Court for Suspension of Members Delinquent in Payment of 2008-09 State Bar Fees, Penalties and Costs
54-134 MCLE, Recommendation re Members in Non-compliance—proposed approvalMCLE, Recommendation re Members in Non-compliance—proposed approval
54-142 Independent Auditors’ Report for Years Ended December 31, 2008 and 2007 [Report of Action Taken via fax/electronic poll, April 24-28, 2009, by the Board between regularly scheduled Board meetings.]Independent Auditors’ Report for Years Ended December 31, 2008 and 2007Att.A: Fax/Electronic Poll Cover MemoAtt.B: Independent Auditors’ Report for Years Ended December 31, 2008 and 2007
54-165 Access to Justice Commission—proposed addition of Legal Aid Association of California (LAAC) as an appointing entityAccess to Justice Commission
54-166 National Pro Bono Week Celebration Resolution—proposed approvalNational Pro Bono Week Celebration Resolution—proposed approval
54-167 JNE 2008 Statistical Report—proposed receipt for filingCommission on Judicial Nominees Evaluation Activities and Statistical Report for 2008Attachment 1 - Report
100 Reports of Board Committees
(Fujie)
110 Board Committee on Operations

111 Rules Revision Title 6, Div. 2, Chapter 2, Open Meetings Closed Sessions and Records Regulatory and Special Committees—proposed amendments following public comment periodRules Revision Title 6, Div. 2, Chapter 2, Open Meetings Closed Sessions and Records Regulatory and Special CommitteesTitle 6, Div.2, Chapter 2, Rules of The State Bar re Open/Closed Meetings
112 Executive Director Evaluation
113 MOU Negotiations Update (oral)
[SPECIAL ORDER OF BUSINESS: 12:25 P.M.]
(Frankel)
120 Regulation, Admissions & Discipline Oversight

123 Resignations Without Charges Pending (rule 2.37)—proposed approvalResignations Without Charges Pending (rule 2.37)—proposed approvalAtt. Rule 2.37, Rules of the State Bar re Voluntary Resignation of Members
124 Modification of Rule 106, Rules of Procedure of the State Bar, regarding Disqualification of Judges—proposed approval following public comment periodModification of Rule 106, Rules of Procedure of the State Bar, regarding Disqualification of Judges—proposed approval following public comment periodAtt. Rule 106, Disqualification of Judges, Rules of Procedure
125 Chief Trial Counsel Reappointment Process
126 Rule of Professional Conduct 1-650 (Limited Legal Services Programs)—proposed approval following public comment periodRule of Professional Conduct 1-650 (Limited Legal Services Programs)Att.1: Rule 650, Rules of Professional Conduct, Clean VersionAtt.2: Rule 650, Rules of Professional Conduct, RedlinedAtt.3: Planning Agenda Item re Proposed Rule 650Att.4: Public Comment SynopsisAtt.5: Public Comment Report for RADAtt.6: Proposed New Rule 1-650 - Consideration of Public Comments by the State Bar’s Special Commission for the Revision of the Rules of Professional Conduct
(Peterson)
130 Member Oversight

(Miller)
140 Planning, Program Development & Budget

141 Admissions Fees—proposed adjustmentsAdmissions Fees—proposed adjustmentsAppendix AAppendix BAppendix CAppendix D
(Dutton)
150 Volunteer Involvement

(Dumanis)
160 Stakeholder Relations

161 Report on Governmental Affairs
162 Immediate Action ItemsImmediate Action Items
Immediate Action Items
163 Consideration of Bills of Others
164 Limited Scope Legal Assistance ("Unbundling")—proposed resolution to encourage expanded focus on unbundling as an effective delivery model, following public comment periodAtt.A: Statement of SupportAtt.B: Public Comment ChartAtt.C: Public Comments
(White)
170 Task Force on Sections

(Chick)
180 Audit Committee

(Fujie) 700 Miscellaneous
(Kramer, Jr.) 701 “Find A Lawyer”- Proposed Adoption of Program Recommendations [SPECIAL ORDER OF BUSINESS: Immediately following the MOU item, MAY 113.]“Find A Lawyer”- Proposed Adoption of Program RecommendationsAttachment 1 - Find A Lawyer SlidesAttachment 2 - Public Interest Clearing HouseAttachment 3 - November 2008 Find A Lawyer Agenda Item and AttachmentsAttachment 4 - All New Public Comment
Closed Session

(Fujie) 1000 Minutes
March 6, 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
(Fujie)
3110 Board Committee on Operations

3114 Internal Affairs Investigation Final Report
3115 Claim of Loftus
3116 Western Alliance Mechanical Corp—insurance claim and release
(Frankel)
3120 Regulation, Admissions & Discipline

3127-A Resignation of Gabriela Agustina Alvarez (SBN 132052) With Disciplinary Charges Pending—proposed approval
3127-B Resignation of Paul F. Fegen (SBN 31680) With Disciplinary Charges Pending—proposed approval
3127-C Resignation of Quincy N. Hoang (SBN 219421) With Disciplinary Charges Pending—proposed approval
3127-D Resignation of Edward Leonid Katsnelson (SBN 179677) With Disciplinary Charges Pending—proposed approval
3127-E Resignation of Michael Stephen Kerekes (SBN 130267) With Disciplinary Charges Pending—proposed approval
3127-F Resignation of Kenneth Eugene Knoblock (SBN 157230) With Disciplinary Charges Pending—proposed approval
3127-G Resignation of Tom George Kontos (SBN 44539) With Disciplinary Charges Pending—proposed approval
3127-H Resignation of Thomas Henry Merdzinski (SBN 152148) With Disciplinary Charges Pending—proposed approval
3127-I Resignation of Alan Irving Moss (SBN 68369) With Disciplinary Charges Pending—proposed approval
3127-J Resignation of Linda Kay Murphy (SBN 74821) With Disciplinary Charges Pending—proposed approval
3127-K Resignation of Richard Thomas Nelson (SBN 189484) With Disciplinary Charges Pending—proposed approval
3127-L Resignation of Cynthia Ann Thomas (SBN 96180) With Disciplinary Charges Pending—proposed approval
4000 Staff Reports
(Closed pursuant to Business and Professions Code section 6026.5(a))
5000 Closed Consent
5110 Board Committee on Operations

5117 Claim of Neusom
[Report of action taken via conference call on March 19, 09, by the Board Committee on Operations acting on behalf of the Board between regularly scheduled meetings.]
5118 Konig v. State Bar
[Report of action taken via fax and email poll, April 14, 2009, by the Board Committee on Operations acting on behalf of the Board between regularly scheduled Board meetings.]
5120 Regulation, Admissions & Discipline Oversight

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

6011 Legal Aid Society of Orange County (LASOC)—annual appointment of attorney members to the board of directors
6012 Fee Arbitration Department—appointment of new arbitrators
6013 Section Executive Committees—2009-10 annual appointment of members and officers, part I
(Dutton)
6020 Closed Appointments

6021 Standing Committes and Special Committees, Boards and Commissions—2009-10 annual appointment of members and officers, part I
6022 Education Pipeline Award(s)—selection of recipient(s)
6023 Diversity Awards—selection of recipients
(Closed pursuant to Business and Professions Code section 6026.5(g))
ADJOURN