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, July 13, 2017 - Friday, July 14, 2017
*
Agenda
The State Bar of California
845 South Figueroa Street
Board Room, 2nd Floor
Los Angeles, CA 90017-2515
(213) 765-1000
Thursday, July 13, 2017 - Friday, July 14, 2017
*
* The Board meeting will begin at the conclusion of the
Board Officer Election. This is a two day meeting. The Board will consider Item 701 - Rule 5-110 – Request for Approval - on Thursday, July 13 and continue its agenda on July 14.
Call in number ~ 855-520-7605 ~ conference code ~ 9265512
4500 Ocean Blvd, San Diego, CA 92109
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 |
| May 12, 2017 Closed Minutes [regular meeting] |
| (Closed pursuant to Business and Professions Code section 6026.5 (a)(1)-(8)) | ||
| 6000 Appointments |
6010 Closed Consent |
| 6011 | Standing, Special and Section Executive Committee 2017-2018 Annual Appointments of Officers and Members, Part II |
| 6012 | Appointment of Fee Arbitrator |
| 6013 | Law School Council, Annual Appointment of Members (Murphy) |
6020 Closed Appointments |
| 6021 | 2017 JNE Review Committee (RJNE), Appointment of Chair and Member |
| 6022 | Judicial Council, Annual Appointment of Member |
| 6023 | Commission on Judicial Nominees Evaluation (JNE), Annual Appointment of Officers, Members and Alternates |
| 6024 | Committee of Bar Examiners, Annual Appointment of Officers and Members |
| (Closed pursuant to Business and Professions Code section 6026.5(a)(7)) | ||
| 7000 Miscellaneous |
| 7001 | Personnel* * Closed Pursuant Government code § 11126 (a)(1) * Business & Professions Code 6026.5 (a)(4) |
| 7002 | Collective Bargaining* * Closed Pursuant Government code § 11126(c)(17) |
| 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 | 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 | 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) |
Open Session
| 1 Guest Section |
| Call For Public Comment |
| Presentation of Van de Kamp Resolution (12:00 noon) |
| 10 Minutes |
| 30 President's Report |
| 30-1 | 2017-2018 Meeting Schedule 30 President's Report 2017 - 2018 Meeting ScheduleAttachments: ATT A - 2017 - 2018 Meeting Schedule |
| 40 Staff Reports |
41 Executive Director |
| A. | Fee Bill |
| B. | Dash Board Reports 40 Staff Reports Dash Board Reports |
42 Secretary |
| 50 Consent Agenda |
| 50-1 | Financial Resolution 50 Consent Agenda Financial ResolutionAttachments: ATT A - Financial Resolution |
| 54-111 | Governance in the Public Interest Task Force Recommendations and Related Changes to the Board Book [54-111] 50 Consent Agenda Governance in the Public Interest Task Force Recommendations and Related Changes to the Board Book |
| 54-131 | Annual Recommendation to Supreme Court for Suspension of Members Delinquent in Payment of State Bar Fees, Penalties and Costs (DiLoreto) 50 Consent Agenda Annual Recommendation to Supreme Court for Suspension of Members Delinquent in Payment of State Bar Fees, Penalties and Costs |
| 54-132 | Annual Recommendation regarding Members in MCLE Non-compliance (DiLoreto) 50 Consent Agenda Annual Recommendation regarding Members in MCLE Non-compliance |
| 54-141 | Member Request for Adjustments to Fees and Penalties 50 Consent Agenda Member Request for Adjustments to Fees and PenaltiesAttachments: ATT A - Member Request for Adjustments to Fees and Penalties |
| 54-161 | Commission on Judicial Nominees Evaluation, 2014-16 Activities and Statistical Report 50 Consent Agenda Commission on Judicial Nominees Evaluation, 2014-16 Activities and Statistical ReportChair's Report re: Commission on Judicial Nominees Evaluation, 2014-2016 Activities and Statistical ReportAttachments: ATT A - Commission on Judicial Nominees Evaluation, 2014-16 Activities and Statistical Report |
| 54-162 | Council on Access and Fairness (COAF) Long Range Plan 50 Consent Agenda Council on Access and Fairness (COAF) Long Range PlanAttachments: ATT A - Proposed Council on Access & Fairness 2017-2018 Long Range Plan |
| 100 Reports of Board Committees |
110 Board Executive Committee |
| None |
120 Regulation and Discipline Committee |
| None |
130 Admissions and Education Committee |
140 Planning and Budget Committee |
| 142 | Mid-Year Financial Forecast & Proposed Budget Amendment 100 Reports of Board Committees 2017 Mid-Year Forecast, Variance Report & Proposed Budget AmendmentAttachments: ATT A - May 2017 Variance ReportATT B - Mid-Year Forecast By Fund RevisedATT C1-C3 - Budget AmendmentATT D - Oracle Enterprise Resource Planning (ERP) Procurement & System Upgrade Proposal |
| 143 | Recommendation to Adjust Mandatory Continuing Legal Education (MCLE) and Legal Specialization Provider Accreditation Fees 100 Reports of Board Committees Recommendation to Adjust Mandatory Continuing Legal Education (MCLE) and Legal Specialization Provider Accreditation FeesAttachments: ATT A - Legal Specialization Provider FeesATT B - Legal Specialization Provider Fees |
160 Stakeholders and Access to Justice Committee and Appointments |
| 163 | Legal Services Trust Fund – Set Amount for Distribution, Jan to Dec 2018 IOLTA Grants, including Voluntary and State Bar Contributions (Choy) 100 Reports of Board Committees Legal Services Trust Fund - Set Amount for Distribution, Jan to Dec 2018 IOLTA Grants, including Voluntary and State Bar Contributions Attachments: ATT A - 2018 Distributions2017-2022 Strategic Plan Goals and Objectives : 4.a. |
180 Audit Committee |
| 181 | State Auditor's Report - Discussion of Audit Committee's Role in Monitoring the Implementation of Auditor's Recommendations Report 100 Reports of Board Committees State Auditor's Report - Discussion of Audit Committee's Role in Monitoring the Implemenation of Auditor's Recommendations Report |
| 182 | Proposal from Moss Adams – Policies and Procedures Review and Internal Control Review 100 Reports of Board Committees Proposal from Moss Adams - Policies and Procedures Review and Internal Control ReviewAttachments: ATT - Proposal from Moss Adams - Policies and Procedures Review and Internal Control Review2017-2022 Strategic Plan Goals and Objectives : 3.d. |
| 700 Miscellaneous |
| 701 | Proposed Amended Rule 5-110 of the Rules of Professional Conduct of the State Bar of California – Return from Public Comment and Request for Adoption (Difuntorum) [Scheduled for July 13, 2017 - 12:30 p.m.] 700 Miscellaneous Proposed Amended Rule 5-110 of the Rules of Professional Conduct of the State Bar of California - Return from Public Comment and Request for Adoption Attachments: ATT 1 - Clean Text of Proposed Amended Rule 5-110ATT 2 - Redline Text of Proposed Amended Rule 5-110 Showing Changes to Current Rule 5-110 and to the Public Comment DraftATT 3 - May 30, 2017 RAD Agenda Item Requesting Public Comment Authorization, Including Attachment C - Board Agenda Item 703 May 2017ATT 4 - Summary of Public Comments with Commission ResponsesATT 5 - Full Text of Public Comments |
| 702 | Recommendation in Response to Supreme Court’s Order Declining to Approve Proposed Rule 5-110(E) of the Rules of Professional Conduct of the State Bar of California – Consideration and Request for Release for Public Comment (Difuntorum) 700 Miscellaneous Recommendation in Response to Supreme Court’s Order Declining to Approve Proposed Rule 5-110(E) of the Rules of Professional Conduct of the State Bar of California - Consideration and Request for Release for Public CommentAttachments: ATT 1 - Clean text of alternative drafts of proposed rules: Alternative 1 - Rule 3.4; Alternative 2 - Rule 3.8, which broadly governs subpoenas of lawyers; and Alternative 3 - Rule 3.8, which is narrowed to apply only to subpoenas of lawyers in criminal matters, all of which are recommended for public comment circulationATT 2 - Board Agenda Item 703 MAY 2017 |
| 703 | Implementation of Governance in the Public Interest Task Force Recommendations: Adoption of New State Bar Mission 700 Miscellaneous Implementation of Governance in the Public Interest Task Force Recommendations: Adoption of New State Bar Mission |
| 704 | Report on Organizational Redesign Proposal (Walton) WITHDRAWN |
| 705 | Antitrust Policy (Chang) 700 Miscellaneous Antitrust Policy |
ADJOURN |