A regular meeting of the Board of Governors of the State Bar of Nevada was
convened by President John H. Mowbray on March 20, 2002, at 9:40 a.m. at the
office of the State Bar of Nevada, Las Vegas, Nevada.
The following members of the Board of Governors were in attendance:
John H. Mowbray . . . . . President
Gloria J. Sturman . . . . . President-Elect
N. Patrick Flanagan III . . . . . Vice President (by telephone)
Nancy L. Allf
Bruce T. Beesley
Vincent A. Consul
Michael D. Davidson
Kathleen J. England
Dara J. Goldsmith
Rew R. Goodenow
Ann Price McCarthy
Richard Morgan
Bridget Robb Peck
William C. Turner
Steven B. Wolfson
STATE BAR
STAFF MEMBERS PRESENT:
Allen W. Kimbrough
Rob Bare
Marc Mersol
GUESTS:
James O'Reilly
Margo Piscevich
Joel Santos (by telephone)
1. CALL TO ORDER AND INTRODUCTIONS
The meeting was called to order by President John Mowbray at 9:40 a.m. Mr.
Mowbray welcomed the members of the Board and guests.
2.
APPROVAL OF MINUTES OF PRIOR MEETINGS OF BOARD OF GOVERNORS
The minutes of the December 7, 2001 meeting of the Board of Governors were
approved unanimously as amended.
The minutes
of the January 17, 2002 meeting of the Board of Governors were approved
unanimously.
The minutes
of the February 8, 2002 meeting of the Board of Governors were considered.
Section 2 thereof was amended to reflect that Mr. Wolfson also abstained
from the discussion and consideration of the appointments and from the vote.
3.
REPORT OF STATE BAR DELEGATE TO AMERICAN BAR ASSOCIATION
Margo Piscevich, the State Bar's representative in the ABA's House of
Delegates, gave the Board an oral report in supplementation of her written
summary of the action of the House at its February meeting in Philadelphia
and responded to questions from the Board. In particular, Ms. Piscevich
reported that the ABA Commission on Multijurisdictional Practice would
present its final report to the House at the ABA Annual Meeting in August.
4.
REPORT OF CONTROLLER
Controller Marc Mersol presented the unaudited financial statements of the
State Bar for the year ended December 31, 2001, and responded to questions
regarding same. Mr. Mersol also reviewed with the Board the financial
statements for the month ending January 31, 2002.
5.
REPORT OF YOUNG LAWYERS SECTION
Joel Santos, Chair of the Young Lawyers Section, appeared by telephone and
provided the Board with an update on the recent and future activities of the
Section, including Law Day and the Associate Compensation Survey.
The Board revisited issues relating to the Section's 2002 Budget first
discussed at the January 17 meeting of the Board. Mr. Santos reiterated the
Section's request that an exception be made to the Board's policies
regarding the 2002 Annual Meeting and that it be allowed to fund travel
expenses of up to $9000 for its Executive Council to attend the Annual
Meeting of the State Bar in June 2002 in Hawaii. There was significant
discussion among the members of the Board regarding this matter.
A motion made
and seconded to permit the $9000 travel expense failed on a divided vote. A
subsequent motion to allow a total expenditure of $6,750 (9 members at $750)
passed on a divided vote.
The Board
further engaged in a discussion regarding the relationship between the Board
and the YLS (and other sections). A task force was appointed with Ms.
England as Chair and Messrs. Flanagan, Beesley and Turner as members to
study this issue and report to the Board at a subsequent meeting.
6.
CONSIDER REQUEST OF ELDER LAW SECTION TO FILE BRIEF AMICUS CURIAE
James O'Reilly appeared before the Board to seek permission to file a brief
amicus curiae in the matter of State of Nevada v. Ullmer. Following a
discussion among the Board and Mr. O'Reilly, the Board voted unanimously to
thank the Elder Law Section for bringing this matter to the Board but denied
approval of the Section's request.
7.
REPORT OF COMMITTEE ON COMMITTEES
Mr. Wolfson, Chair of the Committee on Committees reported on the recent
work of his committee. He expressed the appreciation of the Committee to
Audrey Bath, Executive Assistant to the Executive Director, for her
invaluable assistance in cataloguing the members of the various State Bar
committees and sections and their terms of office. While still a work in
progress, this will enable the State Bar to set up a "tickler system" to
notify of the need for appointments well in advance of their due dates.
The Board
suggested that Uri Clinton, President of the local chapter of the National
Bar Association, could be useful in encouraging minority participation in
the work of the State Bar, and Mr. Wolfson agreed to contact Mr. Clinton for
that purpose.
A general discussion was had regarding the functioning of other committees
of the Bar, and Mr. Wolfson and the Executive Director responded to
questions regarding same.
8.
REPORT OF CLARK COUNTY FAMILY LAW SELF-HELP CENTER
Rachelle Resnick and Pam Hatty of the Clark County Family Law Self-Help
Center appeared before the Board and gave a written and oral update to the
Board regarding their activities and recent innovations, including the
availability of all forms on the Center's website.
9.
REPORT OF MEMBER SERVICES COMMITTEE
Mike Davidson, Chair of the Member Services Committee, gave an oral report
regarding the on-going projects of the Committee. He noted that Anthem Blue
Cross is finalizing a proposal for group health insurance for consideration
by the Board prior to its next scheduled meeting. Additionally, the MBNA
credit card program is proceeding, as is the global agreement with
Lexis-Nexis.
10.
CONSIDER APPOINTMENT OF VICE-CHAIR TO STANDING COMMITTEE ON PROFESSIONAL
RESPONSIBILITY AND CONDUCT
The Board appointed Dennis Kennedy of Las Vegas as Vice-Chair of the
Standing Committee on Professional Responsibility and Conduct.
11. CONSIDER APPOINTMENTS TO NORTHERN AND SOUTHERN NEVADA DISCIPLINARY
BOARDS
To the Southern Nevada Disciplinary Board, the Board appointed Alan Sachs as
an attorney member and Larry Bertsch as a lay member.
To the
Northern Nevada Disciplinary Board, the Board appointed the following as lay
members: David A. Clark, John L. Collachi, Jr., Kelly A. Marshall, Dale J.
Edwards, Robert M. Larkin, Ty Levin.
12.
CONSIDER APPOINTMENT TO CLIENT SECURITY FUND COMMITTEE
John Shook was appointed as a member of the Client Security Fund Commitee.
Ms. Goldsmith abstained from this vote.
13. CONSIDER APPOINTMENTS TO FEE DISPUTE ARBITRATION COMMITTEE
The Board appointed Ci Ci Cunningham as Chair of Las Vegas Panel C of the
Fee Dispute Arbitration Committee.
The Board
made the following appointments to Las Vegas Panel A: Lew Brandon, Jr.,
Layne J. Butt, Cynthia R. Desilets, Michael P. Golden, Matthew Manning,
Thomas Rondeau, and Karl H. Smith.
The Board
made the following appointments to the Reno Panel: Steve Anderson, Todd
Bader, Richard Blower, Don Dees, and Marta Presti.
The Board
made the following appointments to the Carson City Panel: Ken Brown and Mike
Pavlakis.
The Board
appointed John M. Doyle to the Rural Panel.
14.
REPORT OF CONTINUING LEGAL EDUCATION DEPARTMENT
The Board reviewed the written report on the 2002 Annual Meeting provided by
CLE Director Christopher Boadt. The Board had a general discussion regarding
methods for encouraging participation among younger lawyers and the
judiciary in the Annual Meeting.
15.
CONSIDER REQUEST FROM NEVADA LEGAL ORAL HISTORY PROJECT
The Board approved the request of the Nevada Judicial Historical Society for
a grant of $2,500 to be used as matching funds for the Nevada Legal Oral
History Project with the funds to be taken from the LRIS Restricted Fund
balance.
16.
CONSIDER ABA CAMPAIGN TO SAVE THE STATE JUSTICE INSTITUTE
The Board considered the request of the American Bar Association seeking
support to prevent the elimination of the State Justice Institute. A motion
to disapprove failed, and a motion to defer to the May 8 meeting of the
Board was approved. Mr. Goodenow was asked to investigate in the interim how
the SJI may impact Nevada, particularly the National Judicial College in
Reno.
17. REPORT OF BAR COUNSEL
Bar Counsel Rob Bare reported that the writ of certiorari filed by disbarred
Nevada attorney J. Michael Schaefer had been denied by the Supreme Court of
the United States on February 19.
The Board
approved the application for resignation submitted pursuant to SCR 98(5) by
Deborah Eileen Driggs-Calleros.
Mr. Bare
discussed with the Board his survey of other states and the potential for
disciplinary action to ensure participation in the fee dispute mediation
process. Ms. Peck and Mr. Beesley were requested to review the applicable
rules and provide suggested rule changes to the Board at its May 8 meeting.
Mr. Bare
reviewed the current Statistical Report with the Board.
In Executive Session Mr. Bare reported to the Board regarding pending
litigation matters.
18.
REPORT OF EXECUTIVE DIRECTOR
Executive Director Allen Kimbrough provided an oral report in
supplementation of his written report and responded to questions from the
Board.
19.
GENERAL INFORMATIONAL ITEMS
Ann Price McCarthy, Chair of the Family Law Section reported on the success
of the Section's recent annual meeting in Ely.
The Board was advised that the Incline High School team had won the state
finals of the We the People competition and would be representing Nevada at
the national competition to be held in Washington, DC, in May.
20. REPORT OF PRESIDENT
Mr. Mowbray reported to the Board regarding the status of the assumption of
the duties and responsibilities of the Nevada Center for Law Related
Education by the State Bar and encouraged the members of the Board to
volunteer (or recruit volunteers) to serve as coaches for the state's high
school mock trial and We the People teams.
Mr. Mowbray
also reported to the Board on the success of the first Bar Leadership Forum
held in Las Vegas on February 22. He noted that it was anticipated that this
event would evolve into a midyear meeting for the State Bar (at which
sections and committees could meet in addition to the leadership training)
to be held in Reno in early 2003.
Mr. Mowbray
announced that he, President-Elect Sturman, and the Executive Director would
be touring the rural counties of the state April 8-11 for the purpose of
meeting with State Bar members and hearing their needs and concerns.
He also
encouraged the Board to recruit attendees for the 2002 Annual meeting,
especially in light of the dinner honoring retiring Supreme Court Justice
Cliff Young (for whom a video tribute is being prepared by the State Bar).
A 2001 Access
to Justice Award was presented to Ann Price McCarthy.
Mr. Mowbray
expressed to the Board his concerns regarding the Board's level of
participation in or lack of enthusiasm for functions such as the recent
First District Bar Association reception in Carson City. Mr. Mowbray urged
the Board to consider such occasions as a part of their Board service in
order to foster good will and build relationships throughout the state.
The Board
discussed the current medical malpractice insurance situation and agreed
unanimously that it would not be appropriate for the Board or the State Bar
to involve itself in the issue.
21. ADJOURNMENT
The meeting was adjourned at 3:15 p.m.
Respectfully
submitted,
John H.
Mowbray
President
Allen W.
Kimbrough
Executive Director