A regular meeting of the Board of Governors of the State Bar of Nevada was convened by President Gloria J. Sturman on May 14, 2003, at Harrah's Hotel and Casino, Reno, Nevada.

 

The following members were in attendance:

 

Gloria J. Sturman                        ...            President

N. Patrick Flanagan                        ...            President-Elect

Ann Price McCarthy                        ...            Vice President

Nancy L. Allf

Bruce T. Beesley

James W. Bradshaw

Vincent A. Consul

Kathleen J. England

Dara J. Goldsmith

Rew R. Goodenow

Richard Morgan

Bridget Robb Peck

John P. Schlegelmilch

William C. Turner                                    (by telephone)

Steve Wolfson

 

STATE BAR STAFF:

Allen W. Kimbrough

Rob Bare

Marc Mersol

Audrey Bath

 

GUESTS:

Shawn G. Pearson

Elizabeth Whitney         

 

1.         CALL TO ORDER AND INTRODUCTIONS

 

President Sturman called the meeting to order at 9:15 a.m. and welcomed the Board members to Reno.  She also reviewed the schedule for the day, including the Washoe County Bar Pro Bono Luncheon.

 

2.            APPROVAL OF MINUTES OF PRIOR MEETING OF BOARD OF GOVERNORS

 

The Minutes of the meeting of the Board of Governors on March 14, 2003, were approved unanimously.  The President reported that she had followed up on the Marshal Willick incident per the Board's direction.

 

3.            REPORT OF AUDIT AND INVESTMENT COMMITTEE

 

Dara Goldsmith, Chair of the Audit and Investment Committee, presented the Committee's report recommending acceptance of the audited financial statements for the State Bar for the year ended December 31, 2002.  Tom Brooker of Kafoury Armstrong & Co., partner in charge of the audit, was present to present the findings of the auditors and respond to questions from the Board.

 

Following a discussion of various aspects of the audit, the Board voted unanimously to accept it and commended Mr. Brooker and his staff for their good work on the Bar's behalf.

 

4.            REPORT ON ACTIONS AND RECOMMENDATIONS OF OPERATIONS             COMMITTEE

 

Ms. Sturman elaborated on various matters contained in the written report of the recent meetings of the Operations Committee.

 

5.            REPORT OF DIRECTOR OF FINANCE AND INFORMATION SYSTEMS

 

Marc Mersol, Director of Finance and Information Systems, provided the Board with reports on the year-to-date financial condition of the State Bar, the Client Security Fund, and the Nevada Bar Foundation.  Mr. Mersol responded to questions from the Board.  Thereafter, the Board voted unanimously to accept the financial statements as presented.

 

6.            REPORT OF MEMBERS SERVICES COMMITTEE

 

Bridget Robb Peck, Chair of the Member Services Committee, presented to the Board a proposal from Martindale-Hubbell for an affiliation with the State Bar.  Ms. Peck and Executive Director Allen Kimbrough responded to questions from the Board regarding the proposal and it was approved unanimously thereafter.

 

The Board also discussed whether a Atech show@ was feasible for the State Bar to undertake in conjunction with its annual meeting or otherwise.

 

7.            REPORT ON 2003 ELECTION OF BOARD OF GOVERNORS

 

The Executive Director reported on the status of the on-going elections for members of the Board of Governors and advised the Board that the ballots would be counted on Monday, May 19.  Mr. Kimbrough also responded to questions from the Board on various issues related to the election.

 

8.            CONSIDER MATTERS RELATED TO COMMISSION ON PATTERN JURY INSTRUCTIONS

 

The President discussed with the Board the request of the Chief Justice (who was unable to attend the Board meeting due to a prior commitment) that the State Bar become more involved in the development process for new civil and criminal pattern jury instructions.  It was pointed out that other efforts are already underway (including some by the State Bar's CLE Committee).  The Board agreed that it would be worthwhile for the State Bar to coordinate all efforts in this regard and that the matter would be considered at the next meeting of the Board.

 

9.            CONSIDER PETITION FOR ESTABLISHMENT OF PREPAID LEGAL SERVICES ORGANIZATION

 

Bar Counsel Rob Bare advised the Board regarding the pending petition by Caldwell Legal Services for the establishment of a prepaid legal services enterprise in Nevada and the comments that the State Bar intended to make in conjunction with same pursuant to SCR 42.5.

 

10.            CONSIDER APPOINTMENTS TO ACCESS TO JUSTICE COMMITTEE

 

The Board appointed William Brett Kandt and Kelley-Anne Keiper as members of the Access to Justice Committee.

 

11.            CONSIDER APPOINTMENT TO CLIENTS' SECURITY FUND COMMITTEE

 

The Board considered a request for an appointment to the Client Security Fund Committee but determined that the position needed to be re-advertised and an appointment made at the August meeting of the Board.

12.            CONSIDER MATTERS RELATED TO FEE DISPUTE ARBITRATION COMMITTEE

 

The Board of Governors appointed the following attorney members to the Fee Dispute Arbitration Committee to serve on the panel indicated for terms expiring as indicated:

 

Michael A. Kristof                        Las Vegas A                        May 2006

Dawn R. Throne                        Las Vegas A                        May 2006

William J. Taylor                        Las Vegas C                        May 2006

 

and the following lay members:

 

Steven Goldstein                        Las Vegas A                        May 2006

Bruce H. Breslow                        Reno                                                May 2006

 

The following attorney and lay members of the Committee were retroactively reappointed to Las Vegas Panel C for terms expiring as indicated with Ms. Goldsmith abstaining:

 

Shari Thomas (lay)                                                                        March 2004

Wolfe Thompson                                                                        March 2004

George J. Barlow                                                                        October 2005

George T. Bochanis                                                                        October 2005

Robert E. Marshal                                                                        October 2005

William Buchanan                                                                        January 2006

Mary Kaye LeDouceur (lay)                                                January 2006

Clark Seegmiller                                                                        January 2006

Ara H. Shirinian                                                                        May 2006

Paul F. Eisinger                                                                        June 2006

CiCi Cunningham (as Chair)                                                March 2004

 

The following former members of the Committee whose terms had expired more than three years prior were appointed as indicated with Ms. Allf abstaining:

 

Brad Englert                                    Las Vegas A                        May 2006

Rena Hughes                        Las Vegas A                        May 2006

Leland E. Lutfy                        Las Vegas C                        May 2006

Wm. ALew@ Wolfbrandt            Las Vegas C                        May 2006

Howard Rothman                        Las Vegas C                        May 2006

George G. Trachtman            Las Vegas C                        May 2006

Robert G. Johnston                        Carson City                        May 2006

as Chair                                                            May 2004

Patrick Fagan                        Carson City                        May 2006

 

13.            REPORT ON MATTERS RELATED TO JUDICIAL CANON 4(c)

 

The Board reviewed the ADKT Petition filed by Justice Nancy Becker and Judge Michael Douglas seeking the changes to Judicial Canon 4(c) approved by the Board at its August 2002 meeting.

 

 

14.            REPORT OF THE YOUNG LAWYERS SECTION

 

Elizabeth Whitney, Chair, and Shawn Pearson, Chair-Elect, of the Young Lawyers Section appeared before the Board.  Ms. Whitney provided the Board with a report on the recent activities of the Section, including the Rocky Mountain AOP Conference in Las Vegas and Law Week functions.  The YLS planning meeting for 2003-2004 will be held on July 18, 2003.

 

The Board then considered the YLS Budget for 2003.  There was discussion regarding reducing the travel portion of the budget.  Upon motion made and seconded, the Budget was approved on a divided vote.

 

Ms. Whitney was thanked by the Board for her year of service as YLS Chair and her good efforts on behalf of the State Bar during that time.

 

15.            CONSIDER MATTERS RELATED TO LAW RELATED EDUCATION

 

The Board reviewed the written report of LRE Coordinator Marcia Stribling and Mr. Kimbrough responded to questions regarding same.

 

The Board then considered a request from the LRE Commission that language be added to SCR 191(1)(a) to specifically recognize law related education activities as a means for compliance the Rule's aspirational goals.  The Board determined that action on this item would be deferred to its August 2003 meeting.

 

The Board unanimously approved a budget amendment that would transfer $5,000 from the Restricted Fund to the Nevada Bar Foundation for funding a portion of the We the People Summer Institute.

 

16.            REPORT ON 75^th ANNIVERSARY CELEBRATION

 

Ms. Sturman reported to the Board on the successful gala dinners held in Reno and Las Vegas in commemoration of the State Bar's 75^th Anniversary.  Ms. Peck led the Board in expressing its appreciation to the President for her tireless work in connection with the Diamond Jubilee Celebration.

 

17.            REPORT ON LAWYER ADVERTISING

 

The Board discussed the Aadvertorial@ pages recently run in Nevada Woman magazine without disclaimer and the potential for confusion among the public regarding same.

 

18.            REPORT ON 2003 ANNUAL MEETING

 

The Board was briefed on various matters related to the upcoming 2003 Annual Meeting in New Orleans.

 

19.            CONSIDER REVISIONS TO SCR 98 (Fees and Penalties)

 

Mr. Kimbrough presented his draft of the ADKT Petition needed to achieve the Board's decisions of March 14 regarding a single category of Inactive membership, an increase in Inactive dues, and an increase in fees charged for delinquent dues payments.

 

Ms. Sturman requested that the Petition be amended to clarify that the category of AExempt Active@ would not be affected by the requested revisions to SCR 98.  A motion to approve the Petition as revised passed unanimously, and the President was authorized to execute it on behalf of the State Bar.

 

20.            REPORT OF ADMISSIONS DEPARTMENT

 

The Board reviewed the order establishing the February bar examination beginning in 2004, as well as statistics provided regarding the July 2003 exam.  It was also called to the Board's attention that SCR 72.5 had been amended to provide for permanent admission to the Bar for certain employees of the National Judicial College and related entities.

 

21.            APPOINTMENT TO THE JUDICIAL DISCIPLINE COMMISSION

 

The Board appointed Gregory Kamer as an attorney alternate to the Nevada Judicial Discipline Commission.

 

22.            REPORT OF BAR COUNSEL

 

In Executive Session Mr. Bare discussed the status of various pending and potential litigation matters with the Board.

 

Mr. Bare also advised the Board that his department was increasing its investigation of advertising complaints and taking steps to assure compliance with the Supreme Court Rules regarding same.

 

Mr. Bare also responded to questions regarding the reinstatement by the Supreme Court of Norman Reed, a convicted felon.

 

23. REPORT OF EXECUTIVE DIRECTOR

 

Mr. Kimbrough commented on several matters contained in his written report, including construction to alleviate the pool of rocks in the Las Vegas office atrium and the new State Bar website.

 

 

24.            REPORT OF PRESIDENT-ELECT

 

President-Elect Flanagan expressed his hopes for the 2003-2004 bar year and reminded Board members of the People to People legal and cultural exchange to Ireland set for October 14-24, 2003.

 

25.            REPORT OF PRESIDENT

 

Ms. Sturman advised the Board that work is being done to nominate Judge Howard McKibben for an award given by the American Inns of Court that would be filed by June 30.

 

She then led the Board in a discussion of permissible lobbying by the State Bar and stated that the Board should seriously address this matter before the 2005 session of the Nevada Legislature.

 

She also noted that many states are re-visiting their unauthorized practice of law statutes at this time and that Nevada may wish to consider doing so as well.

 

Ms. Sturman encouraged the members of the Board to register for and attend the 2003 Annual Meeting and stated that the Board meeting in New Orleans would be held on Wednesday, June 18, 2003 from 10:00 a.m. to 3:00 p.m.

 

26.            ETHICS 2000

 

Ethics 2000 Chair Steve Wolfson and Mr. Bare reported on the recent activities of the Committee and stated that the Committee's goal was to have a recommendation to the Supreme Court by November, 2003.

 

27.            ADJOURNMENT            

 

There being no further business, the meeting was adjourned at 3:02 p.m.