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, July 17, 2009



NOTE: There are two Special Orders of Business:
1. MOU: Five-minute Presentation by Union President, Los Angeles Chapter, Tim Byer, followed by oral report on item JULY 114, MOU Negotiations Update
[SPECIAL ORDER OF BUSINESS: 12:30 p.m.]

2. California Attorney Standards of Civility and Professionalism Guidelines—presentation by Judge Marguerite Downing, former Board member, and Shelly Sloan, past president
[SPECIAL ORDER OF BUSINESS: 1:00 p.m. - 1:30 p.m.]

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
(Johnson) 10 Minutes
(Fujie) May 15, 2009 [regular meeting]May 15, 2009 [regular meeting]Att.A: 54-121 Rules of Procedure for Fee Arbitrations and the Enforcement of Awards by the State BarAtt.B: 54-122 Sonoma County Bar Assn Fee Arbitration RulesAtt.C: 111 Rules Governing Open Meetings, Closed Sessions and Records of Regulatory and Special CommitteesAtt.D: 123 Rule 2.37, Rules of the State Bar re Voluntary Resignations of MembersAtt.E: 124 Rule 106, Rules of Procedure of the State Bar re Disqualification of JudgesAtt.F: 126 Rule 1-650, Rules of Professional Conduct re Limited Legal Services ProgramsAtt:G: 141 Budget & Operating StatementAtt.H: 141 Budget Plan for 200102012Att.I 141 Admissions Fee ScheduleAtt.J: 141 Admissions Schedule of Charges & Deadlines for 2009Att.K: 6013 Appt./Reappt of Officers & Members to the Section Executive CommitteesAtt.L: 6021 Appt./Reappt. Officers & Members to the Bar's Standing Committees, Special Boards, Commissions & Committees
June 3, 2009 [special meeting]June 3, 2009 [special meeting]
30 President's Report
40 Staff Reports
41 Executive Director / Secretary

41-1 Announcement of the 2009 Board of Governors Election Results
(Fujie) 50 Consent Agenda
51,52,53 Financial Statement, Investment Report, and CSF Report for Quarter Ended March 31, 2009Financial Statement, Investment Report, and CSF Report for Quarter Ended March 31, 2009Att.A: Financial Report for Quarter Ended March 31, 2009Att.B: Investment Report for Quarter Ended March 31, 2009Att.C: CSF Report for Quarter Ended March 31, 2009
54-121 Antelope Valley Bar Association Rules of Procedure for Fee Arbitrations—proposed approvalAntelope Valley Bar Association Rules of Procedure for Fee Arbitrations—proposed approvalAntelope Valley Bar Association Rules of Procedure for Fee Arbitrations
54-122 Contra Costa County Bar Association Rules of Procedure for Fee Arbitrations—proposed approvalContra Costa County Bar Association Rules of Procedure for Fee Arbitrations—proposed approvalContra Costa County Bar Association Rules of Procedure for Fee Arbitrations
54-123 Yuba-Sutter Bar Association Rules of Procedure for Fee Arbitrations—proposed approvalYuba-Sutter Bar Association Rules of Procedure for Fee Arbitrations—proposed approvalYuba-Sutter Bar Association Rules of Procedure for Fee Arbitrations
54-131 Members' Requests for Adjustments to Fee and/or Penalties/Waiver — No requests were received for consideration at this meeting
54-132 Annual Recommendation to The Supreme Court for Expungement of Member Records in accordance with Rule of Court 9.6(b)—proposed approvalAnnual Recommendation to The Supreme Court for Expungement of Member Records in accordance with Rule of Court 9.6(b)—proposed approval
55 A Permission to Board Members to be Absent from State B: Canvassing Board Certification of the 2009 Board of Governors Election C: Resolution of Appreciation to Outgoing President and Board Members D: Bank and Safe Deposit AuthorizationA Permission to Board Members to be Absent from State, etc55-B: Certification of Canvassing Board of the Board's 2009 Election
100 Reports of Board Committees
(Fujie)
110 Board Committee on Operations

111 Loan Modification Abuse Bills [Report of action taken by the Board Committee via conference call, June 24, 2009, acting on behalf of the Board between regularly scheduled Board meetings.]Loan Modification Abuse BillsAtt.A: Loan Modification ItemAtt.B: AB 764Att.C: SB 94
112 State Bar Rules Revision Project New Title 7, Div .1, JNE Rules—proposed approval following public comment periodState Bar Rules Revision Project New Title 7 Div 1 JNE Rules—proposed approval following public comment periodvAtt.A: New Title 7, Div.1, JNE RulesAtt.B: JNE Rules and ProceduresAtt.C: Public Comment from Attny Julie Dunger
113 Vacation Cash Out Option - 2009 Temporary Amendment of Executive Staff Rule 14.F—proposed amendmentVacation Cash Out Option - 2009 Temporary Amendment of Executive Staff Rule 14.F—proposed amendment
114 MOU Negotiations Status Report and Possible Potential Action (Oral)
[SPECIAL ORDER OF BUSINESS: 12:30 pm, following presentation by union representative]
(Frankel)
120 Regulation, Admissions & Discipline Oversight

124 Rules of Procedure of The State Bar of California, Rule 75 [Early Neutral Evaluation Conference (“ENEC”)]—proposed amendment following public comment periodRules of Procedure of The State Bar of California, Rule 75 [Early Neutral Evaluation Conference (“ENEC”)]—proposed amendment following public comment periodAtt. A: Proposed Amendments to Rule 75Att. B: Public Comments Received re Rule 75 Att. C: Statement from the Interim Chief Trial Counsel re Rule 75
125 Rules of Procedure of The State Bar of California, Rules 661 and 662 regarding reinstatement proceedings (fingerprint cards)—proposed amendmentsRules of Procedure of The State Bar of California, Rules 661 and 662 regarding reinstatement proceedings (fingerprint cards)—proposed amendmentsProposed Amendments to Rules 661 and 662
126 Board Reaffirmation of OCTC Enforcement Policies—proposed approvalBoard Reaffirmation of OCTC Enforcement Policies—proposed approval
(Peterson)
130 Member Oversight

133 Law Practice Management & Technology Section Bylaws—proposed amendment to increase executive committee members from 15 to 17Law Practice Management & Technology Section Bylaws—proposed amendment to increase executive committee members from 15 to 17
134 Labor & Employment Law Section Bylaws—proposed amendments regarding the selection and terms of service for advisors to the executive committeeLabor & Employment Law Section Bylaws—proposed amendments regarding the selection and terms of service for advisors to the executive committee
135 Intellectual Property Law Section Bylaws—proposed amendments to conform with the Rules and Regulations of the State Bar and Resolutions of the Board of Governors, and to restate the bylaws in their entirely to avoid any uncertaintyIntellectual Property Law Section Bylaws—proposed amendments to conform with the Rules and Regulations of the State Bar and Resolutions of the Board of Governors, and to restate the bylaws in their entirely to avoid any uncertaintyIntellectual Property Law Section Bylaws
136 Amnesty for Members Suspended for Nonpayment of Fees—proposed adoption of New Provision (J) of State Bar Rule 2.16, following public comment periodAmnesty for Members Suspended for Nonpayment of Fees—proposed adoption of New Provision (J) of State Bar Rule 2.16, following public comment periodAttachment - AAttachment - BAttachment - C
(Miller)
140 Planning, Program Development & Budget

141 Audited Statement of Expenditures of Mandatory Membership for Year End December 2008 and Independent Auditor's Report (formerly called Chargeable/non chargeable)—proposed acceptanceAudited Statement of Expenditures of Mandatory Membership for Year End December 2008 and Independent Auditor's Report (formerly called Chargeable/non chargeable)—proposed acceptanceJuly_09 141 Att_Independent Auditor's Report_State Bar Statement of Expenditures of Mandatory Membership Fees 2008
142 Membership fees, fee scaling, penalties and due datesMembership fees, fee scaling, penalties and due datesSchedule of Charges
143 Proposal for New Board Committees Governance Structure—proposed adoptionProposal for New Board Committees Governance Structure—proposed adoption
144 Authorize transfer from General Fund to Building Fund for improvements to the 180 Howard Street Facility; authorize amendment to 2009 budget to establish project budget; authorize the project as a continuing appropriation.Authorize transfer from General Fund to Building Fund for improvements to the 180 Howard Street Facility; authorize amendment to 2009 budget to establish project budget; authorize the project as a continuing appropriation.
145 Legal Services Trust Fund Program: Addition of Threshold Requiring Submission of Audited Financial Statement to Schedule of Charges and Deadlines—proposed approvalLegal Services Trust Fund Program: Addition of Threshold Requiring Submission of Audited Financial Statement to Schedule of Charges and Deadlines—proposed approvalRules Appendix A Re Schedule of Charges and Deadlines
(Dutton)
150 Volunteer Involvement

(Dumanis)
160 Stakeholder Relations

161 Report on Governmental Affairs
162 Immediate Action Items
163 Judicial Council Commission for Impartial Courts Final Report —proposed authorization for comments from the Council on Access and FairnessJudicial Council Commission for Impartial Courts Final Report —proposed authorization for comments from the Council on Access and FairnessAtt.A: COAF Proposed CommentsAtt.B: Final Draft Report
(White)
170 Task Force on Sections

(Chick)
180 Audit Committee

181 Internal Controls Assessment Contract Amendment—proposed approval
700 Miscellaneous
701 California Attorney Standards of Civility and Professionalism Guidelines—presentation by Judge Marguerite Downing, former Board member, and Shelly Sloan, past president
[SPECIAL ORDER OF BUSINESS: 1:00 p.m. - 1:30 p.m.]
702 Appointment and Election of the 2009-10 Vice Presidents and Treasurer, and Selection of the Secretary of the State BarAppointment and Election of the 2009-10 Vice Presidents and Treasurer, and Selection of the Secretary of the State Bar
703 2009-10 Board Committee and Task Force Appointments—proposed approval2009-10 Board Committee and Task Force Appointments—proposed approval20089-10 Bd. Cttee List Revised July 17, 2009
(Miller) 704 2009-10 Board Liaison Assignments to the Bar’s Standing Committees, Section Executive Committees, Special Boards, Committees and Commissions—proposed approval2009-10 Board Liaison Assignments to the Bar’s Standing Committees, Section Executive Committees, Special Boards, Committees and Commissions—proposed approval2009-10 Board Liaison Assignments to the Bar’s Standing Committees, Section Executive Committees, Special Boards, Committees and Commissions
Closed Session

1000 Minutes
May 15, 2009 [regular meeting]
June 3, 2009 [Special Meeting]
(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

3115 Claim and Settlement Offer of Dydzak
3116 Claim of Morrowatti
3117 Thomas v. Babcock, et al
3120 Regulation, Admissions & Discipline Oversight

3127-A Resignation of Sandeep Baweja (Membership No. 200192) With Disciplinary Charges Pending—proposed approval
3127-B Resignation of Christopher Q. Bottimore (Memberhip No. 50163) With Disciplinary Charges Pending—proposed approval
3127-C Resignation of Marguerite Buckley (SBN 33312) With Disciplinary Charges Pending—proposed approval
3127-D Resignation of Peter Chamberlin (SBN 53281) With Disciplinary Charges Pending—proposed approval
3127-E Resignation of Sylvia Colon-Vasquez (Membership No. 170766) With Disciplinary Charges Pending—proposed approval
3127-F Resignation of Harvey Doncev (Membership No. 231170) With Disciplinary Charges Pending—proposed approval
3127-G Resignation of Charla Duke (SBN 95518) With Disciplinary Charges Pending—proposed approval
3127-H Resignation of Ira Hazelkorn (SBN 75607) With Disciplinary Charges Pending—proposed approval
3127-I Resignation of Thomas L. Hyatt, (SBN 152719) With Disciplinary Charges Pending—proposed approval
3127-J Resignation of James Lefebvre (Membership No. 171779) With Disciplinary Charges Pending—proposed approval
3127-K Resignation of Holly Quint (Membership No. 183681) With Disciplinary Charges Pending—proposed approval

3127-L Resignation of Darlene Ricker (SBN 151653) With Disciplinary Charges Pending—proposed approval

3127-M Resignation of Kenneth Rodman (SBN 72412) With Disciplinary Charges Pending—proposed approval
3127-N Resignation of Mitchell Roth (SBN 77962) With Disciplinary Charges Pending—proposed approval
3127-O Resignation of William S. Rothe (SBN 68594) With Disciplinary Charges Pending—proposed approval
(Chick)
3180 Audit Committee

4000 Staff Reports
(Closed pursuant to Business and Professions Code section 6026.5(a))
(Dutton) 6000 Appointments
6010 Closed Consent

6011 Fee Arbitration Department—appointment of new arbitrators
6012 California Indian Legal Services (CILS)—annual appointment of attorney members to the board of directors
6013 Legal Aid Society of Orange County (LASOC)—annual appointment of attorney member to the board of directors
6014 Law School Council—annual appointment of members
6020 Closed Appointments

6021 Commission on Judicial Nominees Evaluation (JNE)—appointment of officers and members
6022 Review Committee, JNE Commission—appointment of chair and member
6023 LAP Oversight Committee—annual appointment of chair and member
6024 Standing Special and Section Executive Committees—2009-10 annual appointment of officers and members, part II
6025 Center for Civic Education Board of Directors—appointment of two members of the Board of Governors
6026 Loren Miller Legal Services Award—selection of 2009 recipient
6027 President's Pro Bono Service Awards—selection of 2009 recipients
6028 Bernard E. Witkin Medal Award—selection of 2009 recipient
(Closed pursuant to Business and Professions Code section 6026.5(g))
ADJOURN