Board of Trustees
and
Regulation and Discipline Committee
Notice and Agenda
Thursday, November 19, 2015
2:30 p.m. - 5:00 p.m.
The State Bar of California
180 Howard Street
Board Room, 4th Floor
San Francisco, CA 94105
(415) 538-2000
and
Regulation and Discipline Committee
Notice and Agenda
Thursday, November 19, 2015
2:30 p.m. - 5:00 p.m.
The State Bar of California
180 Howard Street
Board Room, 4th Floor
San Francisco, CA 94105
(415) 538-2000
Questions regarding any agenda item should be directed to the Committee Coordinator(s), Doug Hull at (415) 538-2015 or Chair, Miriam Krinsky at (415) 538-2170. 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.
Committee Members: Glenda Corcoran, James Fox, Jason Lee, Dennis Mangers, Danette Meyers, Brandon Stallings.
Committee Members: Glenda Corcoran, James Fox, Jason Lee, Dennis Mangers, Danette Meyers, Brandon Stallings.
The order of business is approximate and subject to change.
Open Session
| I. Chair's Report |
| A. | Call For Public Comment (Krinsky) |
| B. | Oral Report (10 minutes) |
| II. Consent (1 minute) |
| A. | Regulation and Discipline Committee 2015-2016 Goals and Objectives II. Consent (1 minute) RAD Goals and Objectives 2015-2016 |
| B. | Desert Bar Association Rules of Procedure for Mandatory Fee Arbitration. Request for Adoption of Proposed Modifications (Hull) II. Consent (1 minute) Desert Bar Association Fee Arbitration Rules ModificationsAttachments: Desert Bar Association Fee Arbitration Rules Modifications Attachment A |
| C. | Santa Clara County Bar Association Rules of Procedure for Mandatory Fee Arbitration. Request for Adoption of Proposed Modifications (Hull) II. Consent (1 minute) Santa Clara County Bar Assocation Fee Arbitration RulesAttachments: Santa Clara County Bar Assocation Fee Arbitration Rules Attachment A |
| D. | Santa Barbara County Bar Association Mandatory Fee Arbitration Rules of Procedure. Request for Adoption of Proposed Modifications (Hull) II. Consent (1 minute) Santa Barbara fee arbitration rules modifications Attachments: Santa Barbara fee arbitration rules modifications Attachment ASanta Barbara fee arbitration rules modifications Attachment B |
| E. | Status Report from Client Security Fund (Meloch) II. Consent (1 minute) Client Security Fund Status Report |
| F. | Status Report from Professional Competence (Difuntorum) II. Consent (1 minute) Competence Status Report |
| G. | Status Report from State Bar Court (Wong) II. Consent (1 minute) Status report from State Bar Court |
| H. | Status Report from Office of Probation (Wong) II. Consent (1 minute) Probation Status Report |
| I. | Status Report from Mandatory Fee Arbitration (Hull) II. Consent (1 minute) Fee Arbitration Status Report |
| 1. Mandatory Fee Arbitration Annual Report (Hull) II. Consent (1 minute) Mandatory Fee Arbitration Annual Report |
| III. Business |
| A. | Bar Association of San Francisco Rules of Procedure for Mandatory Fee Arbitration. Request for Adoption of Proposed Modifications (Hull) (5 minutes) III. Business Proposed Amendments to Bar Association of San Francisco RulesAttachments: Proposed Amendments to Bar Association of San Francisco Rules Attachment A Copy of Rule Changes |
| B. | Proposed amendment to rule 5.441(A) of the Rules of Procedure of the State Bar of California relating to the filing requirements for reinstatement proceedings. Request for Release for Public Comment (Kim) (5 minutes) III. Business Proposed Amendments to Rule of Procedure 5.441(A)Attachments: Attachment A: Proposed Amendment to Rule 5.441(A) Attachment A Proposed Amendment to Rule 5.441(A) Attachment B: Moral Character Authorization and ReleaseAttachment C: Red-line Comparison of the Moral Character and Proposed Reinstatement Authorization and Release Proposed Reinstatement Authorization and Release Attachment D: Proposed Reinstatement Authorization and Release Form |
| C. | State Bar Court Review Department Workload and Judicial Position Status [Back-to-Back Item NOV 121] (Wong) (5 minutes) III. Business State Bar Court Review Department Judicial Position status |
| D. | Status updates on RAD-related auditor recommendations related to the Annual Discipline Report (L. Wilson/L. Yee) (15 minutes) |
| E. | Independent Oversight of Audit and Review Function and Approval Process for Amendments to Quality Control Measures: Proposal For Implementation of State Auditor Recommendation (D. Goldman) [Back-to-Back Item NOV 123] (25 minutes) III. Business Recommendations for Audit and Review; Quality Control Measures |
| F. | Workforce Planning: Status Updates On Implementation of State Audit Recommendation (L. Wilson) (25 minutes) |
| G. | Status Report from Office of the Chief Trial Counsel (Kim) (15 minutes) III. Business Status Report from Office of the Chief Trial Counsel |
| H. | Oral Presentation re: Committee on Professional Responsibility and Conduct (COPRAC) process re: Ethics Opinions (Difuntorum) (5 minutes) |
| I. | Progress Report from the Rules Revision Commission (Justice Lee Edmon/Randall Difuntorum) (5 minutes) III. Business Status Report from the Rules Revision CommissionAttachments: Status Report from the Rules Revision Commission ATT 1 Supreme Court Letter and Commission Charter |
| J. | Proposed Amended Rules 5-110 and 5-220 of the Rules of Professional Conduct - Request to Release for Public Comment (Justice Lee Edmon/Randall Difuntorum) [Back-to-Back NOV 122] (25 minutes) III. Business Proposed Amendments to Rules 5-110 and 5-220 of the Rules of Professional Conduct.Attachments: Proposed Amendments to Rules 5-110 and 5-220 of the Rules of Professional Conduct Attachment 1 Alternate Draft Rule, Commission Dissents, Response to Dissents |
Closed Session
| I. Consent |
| II. Business |