Board of Trustees
Notice and Agenda
The State Bar of California
845 South Figueroa Street
Boardroom, 2nd Floor
Los Angeles, CA 90017
www.calbar.ca.gov
Thursday, May 18, 2023—Friday, May 19, 2023
10:45 a.m.—5:00 p.m.
10:45 a.m.—5:00 p.m.
Members of the public may access this meeting as follows:
Zoom Link: https://calbar.zoom.us/j/96280655827
Webinar ID: 962-8065-5827
Call-In Number: 669-900-9128
The Board of Trustees meeting will commence in open session at 10:45 a.m. on Thursday, May 18, 2023. The full Board of Trustees will commence in open session at 9:00 a.m. on Friday, May 19, 2023.
Open Session
| The Chair reserves the right to alter the order of items to run an effective meeting. If you wish to assure yourself of hearing a particular discussion, please attend the entire meeting. |
-- Call for Public Comment -- Please use this form to sign up to provide oral comments at the meeting. Public comment typically occurs at the beginning of each meeting; the chair has the discretion to allow for additional public comment periods during the meeting. Members of the public wishing to submit written comments may email them to secretariat@calbar.ca.gov. Deadline to sign up and submit written comments is 24 hours before the start of the meeting. View the State Bar’s Public Comment Policy. |
| 10 Minutes |
| Approval of March 16, 2023, Open Session Minutes
10 Minutes
Approval of March 16, 2023, Open Session Minutes |
| Approval of March 24, 2023, Open Session Minutes
10 Minutes
Approval of March 24, 2023, Open Session Minutes |
| 30 Chair's Report |
| 30-1 | Oral Report |
| 40 Executive Director's Report |
| 40-1 | Oral Report |
| 50 Consent Agenda |
| 50-1 | Approval of Specified Contracts Pursuant to Business and Professions Code Section 6008.6
50 Consent Agenda
Approval of Specified Contracts Pursuant to Business and Professions Code Section 6008.6 |
| 50-2 | Annual Report on the Use of Outside Counsel for 2022
50 Consent Agenda
Annual Report on the Use of Outside Counsel for 2022 |
| 50-3 | Approval of 2023 Quarter One Board and Management Travel Expense Report
50 Consent Agenda
Approval of 2023 Quarter One Board and Management Travel Expense Report |
| 50-4 | Correction of 2022 Quarterly Board and Management Travel Expense Report
50 Consent Agenda
Correction of 2022 Quarterly Board and Management Travel Expense Report |
| 50-5 | Licensee Requests for Adjustment of Fees, Penalties, and Charges
50 Consent Agenda
Licensee Requests for Adjustment of Fees, Penalties, and Charges |
| 50-6 | Approval of Annual Reappointment of State Bar Members to the Judicial Council of California
50 Consent Agenda
Approval of Annual Reappointment of State Bar Members to the Judicial Council of California |
| 50-7 | Approval to Fill a Vacancy on the Judicial Nominees Evaluation Commission
50 Consent Agenda
Approval to Fill a Vacancy on the Judicial Nominees Evaluation Commission |
| 60 BOARD OF TRUSTEES SITTING AS THE REGULATION AND DISCIPLINE COMMITTEE |
| 60-1 | Proposed New Rule of Professional Conduct Governing Attorney Reporting Requirement (Rule 8.3): Return from Public Comment and Request for Approval (Doherty)
60 BOARD OF TRUSTEES SITTING AS THE REGULATION AND DISCIPLINE COMMITTEE
Proposed New Rule of Professional Conduct Governing Attorney Reporting Requirement (Rule 8.3): Return from Public Comment and Request for ApprovalPresentation on New Rule of Professional Conduct Governing Attorney Reporting Requirement Rule 8.3 |
| 60-2 | Proposed Amendments to California Rules of Court (Rules 9.8.5, 9.9, 9.32, 9.49 and New Rule of Court 9.8.1) and Rules of the State Bar (Rules 2.2, 2.5, 2.15, 2.16, 2.30, 2.51, 2.53, 2.71, 2.111 and New State Bar Rules 2.140–2.153) Relating to Regulatory Function of the State Bar: Request to Circulate for Public Comment (Moawad)
60 BOARD OF TRUSTEES SITTING AS THE REGULATION AND DISCIPLINE COMMITTEE
Proposed Amendments to California Rules of Court (Rules 9.8.5, 9.9, 9.32, 9.49 and New Rule of Court 9.8.1) and Rules of the State Bar (Rules 2.2, 2.5, 2.15, 2.16, 2.30, 2.51, 2.53, 2.71, 2.111 and New State Bar Rules 2.140-2.153) Relating to Regulatory Function of the State Bar: Request to Circulate for Public Comment |
| 60-3 | Proposed Amendments to Rules Governing Mandatory Fee Arbitration Program (Title 3, Division 4, Chapter 2): Request to Circulate for Public Comment (Liou)
60 BOARD OF TRUSTEES SITTING AS THE REGULATION AND DISCIPLINE COMMITTEE
Proposed Amendments to Rules Governing Mandatory Fee Arbitration Program (Title 3, Division 4, Chapter 2): Request to Circulate for Public Comment |
| 60-4 | Proposed Rule Amendments Based on Recommendations by the California Civility Task Force (Rule of Court 9.7 and Rules of Professional Conduct 1.2, 8.4, and New Rule 8.4.2): Request to Circulate for Second Public Comment Period (Doherty)
60 BOARD OF TRUSTEES SITTING AS THE REGULATION AND DISCIPLINE COMMITTEE
Proposed Rule Amendments Based on Recommendations by the California Civility Task Force (Rule of Court 9.7 and Rules of Professional Conduct 1.2, 8.4, and New Rule 8.4.2): Request to Circulate for Second Public Comment PeriodPresentation on Rule Amendments Based on Recommendations by the California Civility Task Force Rule of Court 9.7 |
| 60-5 | Proposed Amendments to Rules Governing Minimum Continuing Legal Education – Attorney Required Activities and Rules for Providers: Return from Public Comment and Request to Circulate Select Rules for an Additional Public Comment Period (Rahimitabar/Ongiri)
60 BOARD OF TRUSTEES SITTING AS THE REGULATION AND DISCIPLINE COMMITTEE
Proposed Amendments to Rules Governing Minimum Continuing Legal Education - Attorney Required Activities and Rules for Providers: Return from Public Comment and Request to Circulate Select Rules for an Additional Public Comment PeriodPresentation on Amendments to Rules Governing Minimum Continuing Legal Education |
| 60-6 | Discussion Regarding Office of Chief Trial Counsel Performance Metrics (Cardona)
60 BOARD OF TRUSTEES SITTING AS THE REGULATION AND DISCIPLINE COMMITTEE
Discussion Regarding Office of Chief Trial Counsel Performance Metrics |
| 60-7 | Report on Implementation of Random Audit Recommendations (Cardona)
60 BOARD OF TRUSTEES SITTING AS THE REGULATION AND DISCIPLINE COMMITTEE
Report on Implementation of Random Audit Recommendations |
| 60-8 | Initial Discussion of Potential Policy/Rule Changes Regarding: (1) Notice to Respondents of All Closed Complaints; and (2) Elimination of Private Reprovals (Cardona)
60 BOARD OF TRUSTEES SITTING AS THE REGULATION AND DISCIPLINE COMMITTEE
Initial Discussion of Potential Policy/Rule Changes Regarding: (1) Notice to Respondents of All Closed Complaints; and (2) Elimination of Private Reprovals |
| 60-9 | Client Trust Account Protection Program: A First Look at the Data (Moawad/Stalvey) — Presentation Only
60 BOARD OF TRUSTEES SITTING AS THE REGULATION AND DISCIPLINE COMMITTEE
Client Trust Account Protection Program: A First Look at the Data |
| 60-10 | Formal Advisory Ethics Opinion 2023–208: Ethical Obligations When Working Remotely: Request for Approval for Publication (Doherty)
60 BOARD OF TRUSTEES SITTING AS THE REGULATION AND DISCIPLINE COMMITTEE
Formal Advisory Ethics Opinion 2023-208: Ethical Obligations When Working Remotely: Request for Approval for Publication |
| 700 Miscellaneous |
| 701 | Recommendations from the Blue Ribbon Commission: Request for Adoption Following Public Comment and Transmission to the Supreme Court for Approval (Perttula/Ching/Nuñez)
700 Miscellaneous
Presentation from the Blue Ribbon Commission: Request for Adoption Following Public Comment and Transmission to the Supreme Court for ApprovalRecommendations from the Blue Ribbon Commission: Request for Adoption Following Public Comment and Transmission to the Supreme Court for Approval |
| 702 | Proposed Amendments to the Admissions Rules Regarding Examinations and Moral Character for Out-of-State Applicants (Rules 4.41 and 4.62): Request to Circulate for Public Comment (Clark/Doell)
700 Miscellaneous
Proposed Amendments to the Admissions Rules Regarding Examinations and Moral Character for Out-of-State Applicants (Rules 4.41 and 4.62): Request to Circulate for Public CommentPresentation on Amendments to the Admissions Rules Regarding Examinations and Moral Character for Out-of-State Applicants |
| 703 | Proposed Amendments to State Bar Rules Related to Commission on Judicial Nominees Evaluation In-Person Candidate Reviews (Rules 7.52 and 7.60): Return from Public Comment and Request for Approval (Gramme)
700 Miscellaneous
Proposed Amendments to State Bar Rules Related to Commission on Judicial Nominees Evaluation In-Person Candidate Reviews (Rules 7.52 and 7.60): Return from Public Comment and Request for ApprovalPresentation on Proposed Amendments to State Bar Rules Related to Commission on Judicial Nominees Evaluation |
| 704 | Proposed Amendments to State Bar Rules Related to Legal Services Trust Fund Program (Rules 3.671, 3.672, 3.680, 3.690, 3.692; Proposed New State Bar Rule 3.674, and Appendix A): Return from Public Comment and Request for Approval (Nguyen/Carroll)
700 Miscellaneous
Proposed Amendments to State Bar Rules Related to Legal Services Trust Fund Program (Rules 3.671, 3.672, 3.680, 3.690, 3.692; Proposed New State Bar Rule 3.674, and Appendix A): Return from Public Comment and Request for Approval |
| 705 | Proposed Amendments to Admissions Rules Related to Moral Character, Law Office Study, and the Practical Training of Law Students Program (Rule of Court Title 9, Division 4, Rule 9.42, and State Bar Rules 3.2–3.10, 4.3, 4.5, 4.6, 4.29, 4.40–4.52, 4.80–4.93, and Appendix A): Return from Public Comment and Request for Adoption Following Transmission to the Supreme Court for Approval (Hershkowitz/Clark)
700 Miscellaneous
Presentation on Amendments to Rules Related to Moral Character, Law Office Study, and the Practical Training of Law StudentsProposed Amendments to Admissions Rules Related to Moral Character, Law Office Study, and the Practical Training of Law Students Program (Rule of Court Title 9, Division 4, Rule 9.42, and State Bar Rules 3.2-3.10, 4.3, 4.5, 4.6, 4.29, 4.40-4.52, 4.80-4.93, and Appendix A): Return from Public Comment and Request for Adoption Following Transmission to the Supreme Court for Approval |
| 706 | Proposed Amendments to Admissions Rules Related to Testing Accommodations (Rules 4.80–4.92): Request to Circulate for Second Public Comment Period (Hershkowitz/Doell)
700 Miscellaneous
Proposed Amendments to Admissions Rules Related to Testing Accommodations (Rules 4.80-4.92): Request to Circulate for Second Public Comment PeriodPresentation on Proposed Amendments to Admissions Rules Related to Testing Accommodations |
| 707 | Discussion and Adoption of Additional Legislative Priorities (Hershkowitz/Gramme)
700 Miscellaneous
Discussion and Adoption of Additional Legislative PrioritiesPresentation Regarding Adoption of Additional Legislative Priorities |
| 708 | Discussion and Approval of Agreement Regarding the California Department of Justice's Investigation of State Bar Whistleblower and Whistleblower Retaliation Complaints (Wilson/Davtyan/Holmes)
700 Miscellaneous
Discussion and Approval of Agreement Regarding the California Department of Justice's Investigation of State Bar Whistleblower and Whistleblower Retaliation ComplaintsPresentation on Approval of Agreement Regarding the DOJ's Investigation of Whistleblower Retaliation Complaints |
| 709 | Approval of Final Proposal for General Fund Service Fee Increases (Montoya-Chico)
700 Miscellaneous
Approval of Final Proposal for General Fund Service Fee IncreasesPresentation on Approval of Final Proposal for General Fund Service Fee Increases |
| 710 | Discussion of Admissions Fee Increase Proposals Currently Out for Public Comment (Montoya-Chico/Ching)
700 Miscellaneous
Discussion of Admissions Fee Increase Proposals Currently Out for Public CommentPresentation Regarding Admissions Fee Increase Proposals Currently Out for Public Comment |
| 711 | Overview of State Bar Performance Metrics (Xiang/Chavez/Garcia)
700 Miscellaneous
Presentation of State Bar Performance MetricsOverview of State Bar Performance Metrics |
| 712 | Approval of 2022 Quarter Four Financial Statements and Investment Report and 2023 Quarter One Investment Report (Montoya-Chico)
700 Miscellaneous
Approval of 2022 Quarter Four Financial Statements and Investment Report and 2023 Quarter One Investment Report |
Closed Session
| 1000 Minutes |
| Approval of March 16, 2023, Closed Session Minutes |
| Approval of March 24, 2023, Closed Session Minutes |
| 5000 Closed Consent |
| 5001 | Approval of Contracts Relating to the Preparation of Examination Materials or the Approval, the Grading, or the Security of Test Administration of the California Bar Examination or the First-Year Law Students' Examination |
| 6000 BOARD OF TRUSTEES SITTING AS THE REGULATION AND DISCIPLINE COMMITTEE |
| 6001 | Discussion Regarding Chief Trial Counsel Performance Evaluation *Closed pursuant to Government Code § 11126(a). |
| 7000 Miscellaneous |
| 7001 | Los Angeles Times v. State Bar of California (California Supreme Court Case No. S269401 (filed June 17, 2021) *Closed pursuant to Government Code § 11126(e)(1). |
| 7002 | Discussion Regarding Audit of Closed Office of Chief Trial Counsel Files *Closed pursuant to Government Code §§ 11126(a)(1) and 11126(c)(2). |
| 7003 | Discussion Regarding Special Audit Committee Directed Audit of Closed Office of Chief Trial Counsel Files *Closed pursuant to Government Code §§ 11126(a)(1) and 11126(c)(2). |
| 7004 | Discussion Regarding Sale Price and Terms and Leasing Price and Terms for 180 Howard Street, San Francisco *Closed pursuant to Government Code § 11126(c)(7). |
| 7005 | Conference with Legal Counsel—Anticipated Litigation *Closed due to significant exposure to litigation pursuant to Government Code § 11126(e)(2)(B)(i): 2 cases |
Adjourn
In compliance with the Americans with Disabilities Act, those requiring modifications or accommodations to observe and address this meeting should notify Louisa Ayrapetyan at 213-765-1375. Please provide notification at least 72 hours prior to the meeting to allow sufficient time to make arrangements for accommodations at this meeting. Questions regarding any agenda item should be directed to Board Secretary Louisa Ayrapetyan at 213-765-1375 or Chair Ruben Duran at 415-538-2300, the State Bar of California, 845 South Figueroa Street, Los Angeles, CA 90017. Board members are requested to notify the secretary as early as possible in advance of the meeting if they wish to remove any item(s) from the consent agenda. |