Board of Trustees Meeting
Agenda

The State Bar of California
845 South Figueroa Street
Board Room, 2nd Floor
Los Angeles, CA 90017-2515
(213) 765-1000
Thursday, March 9, 2017 - Friday, March 10, 2017


NOTE: This is a 2-day meeting. The agenda items to be
discussed on March 10 depend on the progress made on March 9.

Questions regarding any agenda item should be directed to the Committee Coordinator, . Committee members are requested to notify the Committee Coordinator as early as possible in advance of the meeting if they wish to remove any item/s from the consent agenda.
For meetings of the Board and Board Committee(s), the Board of Trustees meeting may commence at the conclusion of the Board Committee meeting(s). For meetings scheduled to take place over multiple days, items scheduled for a particular day may be moved to an earlier or later day. All times indicated and the order of business are approximate and subject to change.
Closed Session

1000 Minutes
November 18, 2016 Closed Minutes [regular meeting]
December 12, 2016 Closed Minutes [special meeting]
January 26, 2017 Closed Minutes [special meeting]
(Closed pursuant to Business and Professions Code section 6026.5 (a)(1)-(8))
6000 Appointments
6010 Closed Consent

6011 Mandatory Fee Arbitration - Appointment of New Arbitrators (Hull)
*Closed pursuant to Business and Professions Code § 6026.5 (a)(7)
6012 Trusts and Estates Section Executive Committee – Interim Appointment (Gomez)
6013 Legal Services of Northern California (LSNC) Board of Directors,
Annual Appointment of Members (Evans)
(Closed pursuant to Business and Professions Code section 6026.5(a)(7))
7000 Miscellaneous (Not from a Board Committee)
7001 7001 Collective Bargaining*
* Closed Pursuant Government code § 11126(c)(17)
7002 7002 Dunn v. State Bar Case No. BC563715 (L.A. Super. Ct., filed Nov. 13, 2014)*
*Closed pursuant to Business and Professions Code § 6026.5 (a)(1) and Government Code § 11126 (e)(1).
7003 7003 Layton v. State Bar Case No. BC615241 (L.A. Super. Ct., filed Mar. 28, 2016)*
*Closed pursuant to Business and Professions Code § 6026.5 (a)(1) and Government Code § 11126 (e)(1).
7004 7004 Oehler v. State Bar Case No. BC610699 (L.A. Super. Ct., filed Feb. 17, 2016)*
*Closed pursuant to Business and Professions Code § 6026.5 (a)(1) and Government Code § 11126 (e)(1).
7005 7005 Noonen v. State Bar Case No. BC625085 (L.A. Super. Ct., filed June 24, 2016)*
*Closed pursuant to Business and Professions Code § 6026.5 (a)(1) and Government Code § 11126 (e)(1).
7006 Government Claim of Richard Zanassi*
*Closed pursuant to Business and Professions Code § 6026.5 (a)(1) and Government Code § 11126 (e)(1)
7007 Sander v. State Bar*
*Closed pursuant to Business and Professions Code § 6026.5 (a)(1) and Government Code § 11126 (e)(1).
Open Session

1 Meeting Introduction & Training Session
  1. Call for Public Comment
  2. Antitrust Policy and Training - Robert Retana & James Chang

10 Minutes
November 17, 2016 Open Minutes [regular meeting]
10 Minutes
November 17, 2016 Open Minutes [regular meeting]
Attachments:
30-1 Board Committee Assignments30-2 Board Liaisons 2016-1730-3 Board Meeting Schedule 2016-1854-111 Executive Committee Charter54-111 Executive Committee Charter - ADA Version122 Request to Adopt Propose Amendment to Rule 2302123 Proposed Amendment to Rule 5.441(A) ATT A123 Rule 5.441(A) Authorizaiton & Release ATT B133 Proposed Amendments to Admissions Rules re Processing of Moral Character Applications134 Proposed Amendments to Law School Rules re Branch Campuses Attachment A135 Proposed Amendments to Law School Rules re Conforming to California Public Records Act181 2015 Statement of Expenditures of Mandatory Membership Fees and Independent Auditors Report701-702 2016 Action Taken re Rule Revisions6022 Fee Arbitration Appointments ATT A
December 12, 2016 Open Minutes [special meeting]
10 Minutes
December 12, 2016 Open Minutes [special meeting]
Attachments:
30-1 ATT A - Board Meeting Schedule 2016-2017 & 201854-121 - ATT - Formal Opinion Interim No. 12-0006707 ATT 2 - § 18730 - Provisions of Conflict of Interest Codes
January 26, 2017 Open Minutes [special meeting]
10 Minutes
January 26, 2016 Open Minutes [special meeting]
Attachments:
121 Proposal to Revise Voluntary Resignation Form 704 Executive Staff Rules & Regulations § 26 Relocation
30 President's Report
40 Staff Reports
41 Executive Director

42 Secretary

50 Consent Agenda
54-111 Report of Action Taken on behalf of the Board by the Executive Committee on January 16, 2017 - Fund 88
50 Consent Agenda
Report of Action Taken - Fund 88
54-112 Report of Action Taken on behalf of the Board by the Executive Committee on January 16, 2017 - Reduction in Force
50 Consent Agenda
Report of Action Taken - Reduction in Force
54-113 Report of Action Taken on behalf of the Board by the Executive Committee on January 16, 2017 - Council of State Bar Sections: Consideration of Options for Separation
50 Consent Agenda
Report of Action Taken - Council of State Bar Sections: Consideration of Options for Separation
54-121 Receipt of the Lawyer Assistance Program Strategic Plan
50 Consent Agenda
Receipt of the Lawyer Assistance Program Strategic Plan
Attachments:
ATT A - Lawyer Assistance Program Strategic Plan
54-141 2016 Q4 Pre-Audited Financial Report, Investment Report and CSF Report
50 Consent Agenda
2016 Q4 Pre-Audited Financial Report, Investment Report and CSF Report
Attachments:
ATT A - 2016 Q4 Pre-Audited Financial Report, Investment Report and CSF Report
100 Reports of Board Committees
110 Board Executive Committee

114 Board Book Phase II – Substantive Revisions (Bercovitch)
100 Reports of Board Committees
Board Book Phase II - Substantive Revisions
Attachments:
A - Board Book PhaseII Substantive Revisions
115 State Bar of California’s Conflict of Interest Code for Designated Employees, Proposed Revisions to List of Designated Employees – Return from Public Comment (Grandt)
100 Reports of Board Committees
State Bar of California’s Conflict of Interest Code for Designated Employees, Proposed Revisions to List of Designated Employees
Attachments:
Attachment 1 - State Bar Conflict of Interest CodeAttachment 2 - Appendix A of the Code, Designated Employee PositionsAttachment 3 - Appendix B of the Code, Disclosure Categories
2017-2022 Strategic Plan Goals and Objectives : 3.a.
120 Regulation and Discipline Committee

130 Admissions and Education Committee

131 Proposed Amendments to California Rules 9.6 and 9.31 and State Bar Rules 2.32 and 2.50 to Permit Expungement of MCLE Involuntary Inactive Enrollment in Limited Circumstances - Return from Public Comment ( Retana)
100 Reports of Board Committees
Proposed Amendments to California Rules 9.6 and 9.31 and State Bar Rules 2.32 and 2.50 to Permit Expungement of MCLE Involuntary Inactive Enrollment in Limited Circumstances
Attachments:
ATT 1 - Rule 9.6 131 MCLE Expungement RulesATT 2 - Rule 9.31 131 MCLE Expungement RulesATT 3 - Rules 2.32 & 2.50 131 MCLE Expungement Rules
132 Consistency Project – Proposed adoption of amendments to the State Bar rules regarding 1) member records; 2) minimum continuing legal education; and 3) providers of continuing education services – return from public comment (Bercovitch)
100 Reports of Board Committees
Consistency Project - Proposed adoption of amendments to the State Bar rules regarding 1) member record; 2) minimum continuing legal education; and 3) providers of continuing education services - return from public comment
Attachments:
ATT A - Proposed adoption of amendments to the State Bar rules regarding 1) member records; 2) minimum continuing legal education; and 3) providers of continuing education services - return from public commen
133 Update Regarding Bar Exam Studies (Overpeck / Wilson)
100 Reports of Board Committees
Update Regarding Bar Exam Studies
Attachments:
ATT A - Supreme Court Letter, Bar Exam
140 Planning and Budget Committee

142 Recommendation to Increase Certain Service Fees - WITHDRAWN
160 Stakeholders & Access to Justice & Appointments Com.

161 Modification to Guidelines and Minimum Qualification of Arbitrators to State Bar Fee Arbitration Department (Hull)
100 Reports of Board Committees
Modification to Guidelines and Minimum Qualification of Arbitrators to State Bar Fee Arbitration Department
Attachments:
161 ATT A - Minimum Qualifications - Arbitrators 2007161 ATT B - Minimum Qualfiacations -Arbitrators 2007-compared-Dec16 2016 version161 ATT C - Guidelines and Minimum Qualifications Arbitrators Approved CMFA Dec 16 2016161 ATT D - Guidelines Minimum Standards 2013
162 Committee on Mandatory Fee Arbitration Letter to California Law Revision Commission (Committee member, Hull, Bercovitch)
100 Reports of Board Committees
Committee on Mandatory Fee Arbitration Letter to California Law Revision
Attachments:
ATT A - Proposed Letter - CMFA Request to Submit Letter to CLRC re Mediation Confidentiality
163 Resolution in Support of Legal Services Funding (Evans)
100 Reports of Board Committees
Resolution in Support of Legal Services Funding
164 Report and Proposed Action on Restructure of State Bar Standing Committees and other Sub-entities (Bercovitch)
100 Reports of Board Committees
Report and Proposed Action on Restructure of State Bar Standing Committees and other Sub-entities
700 Miscellaneous (Not from a Board Committee)
701 Proposed New and Amended Rules of Professional Conduct of the State Bar of California, Return from Public Comment and Request for Adoption (Difuntorum)
700 Miscellaneous (Not from a Board Committee)
Proposed New and Amended Rules of Professional Conduct of the State Bar of California, Return from Public Comment and Request for Adoption
Attachments:
Attachment A - Commission CharterAttachment B - Full Text of Proposed RulesAttachment C-1 - Reports & Recommendations for Rules 1.0 - 1.18 Attachment C-2 - Reports & Recommendations for Rules 2.1 - 8.5 Attachment D - Report on Concepts Considered but Rejected Attachment E - List of Meeting VisitorsAttachment F - Appointment Recommendations WorksheetAttachment G - Proposed Extended Commission Charter ATT H: Supplemental Report on Proposed Rule 1.7ATT I: Revised Response to Dissents for Proposed Rules 3.3 and 3.8
702 Proposed Antitrust Policy (Retana)
700 Miscellaneous (Not from a Board Committee)
Proposed Antitrust Policy
Attachments:
ATT A - Proposed Antitrust Policy
703 2017 Planning Meeting Outcomes Update (Gomez)
700 Miscellaneous (Not from a Board Committee)
2017 Planning Meeting Outcomes Update
Attachments:
ATT A - Goals and Objectives TemplateATT B - Sample Project/Communications Dashboard Report
2017-2022 Strategic Plan Goals and Objectives : 1.c., 3.e.
704 2017 Final Budget: Summary of Changes Since Jan 26 (Wilson / Wong)
700 Miscellaneous (Not from a Board Committee)
2017 Final Budget: Summary of Changes Since January 26
Attachments:
ATT A - 2017 Final Budget: Summary of Changes Since Jan 26ATT B - 2017 Final Budget: Summary of Changes Since Jan 26ATT C - 2017 Final Budget: Summary of Changes Since Jan 26
705 Overview of Indirect Cost Allocation Methodology and Presentation in 2017 Budget (Wilson / Wong)
700 Miscellaneous (Not from a Board Committee)
Overview of Indirect Cost Allocation Methodology and Presentation in 2017 Budget
Attachments:
ATT A - Overview of Indirect Cost Allocation Methodology and Presentation in 2017 BudgetATT B - Overview of Indirect Cost Allocation Methodology and Presentation in 2017 Budget
2017-2022 Strategic Plan Goals and Objectives : 3.d.
706 Discussion of development of State Bar privacy protection practice to address protections governing the State Bar’s receipt and retention of sensitive information obtained in the conduct of its public protection responsibilities (Strauss) (no materials)
707 2016-17 Governance in the Public Interest Task Force Update (Parker)
ADJOURN

In compliance with the Americans with Disabilities Act, those requiring accommodations at this meeting should notify Francisco Gomez at (415) 538-2170. Please provide notification at least 72 hours prior to the meeting to allow sufficient time to make arrangements for accommodations at this meeting.

The notice and agenda is available at: Meetings: Board of Trustees