A regular meeting of the Board of Governors of the State Bar of Nevada was
convened by President John H. Mowbray on June 12, 2002, at 9:15 a.m. at the
Hilton Waikoloa Village on the Big Island of Hawaii.
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
Dan Polsenberg . . . . . Immediate Past President
Nancy L. Allf
Bruce T. Beesley
Vincent A. Consul
Michael D. Davidson
Kathleen J. England
Dara J. Goldsmith
Rew R. Goodenow
Ann Price McCarthy
Dean Richard Morgan
Bridget Robb Peck
John P. Schlegelmilch
William C. Turner
Steven B. Wolfson
STATE BAR
STAFF MEMBERS PRESENT:
Allen W. Kimbrough
Rob Bare
Christopher T. Boadt
David Clark
GUESTS:
Justice Deborah A. Agosti
James W. Bradshaw (Governor-elect)
1. CALL
TO ORDER AND INTRODUCTIONS
The meeting was called to order by the President at 9:15 a.m. On behalf of
the Board of Governors, Ms. England presented Mr. Mowbray with a koa wood
gavel to be used during the meeting and to be retained as a memento of his
service.
2.
APPROVAL OF MINUTES OF PRIOR MEETINGS OF BOARD OF GOVERNORS
The Minutes of meetings of the Board of Governors held on February 8, 2002
(as amended), March 20, 2002 (as amended), and May 8, 2002, were approved
unanimously.
Assistant Bar
Counsel David Clark was asked to investigate whether a complaint for the
unauthorized practice of law had been filed against an applicant for a bar
committee.
3.
REPORT OF CONTROLLER
The Board examined the financial condition of the State Bar as of April 30,
2002. Ms. Allf raised a question regarding the Prepaid Expenses for the
similar period in 2001 being approximately $100,000 less than in 2002. The
Controller was asked to investigate this matter and report to the Board at
the August 23 meeting.
The Board
also discussed the shortfall in revenues from the Admissions Department and
expressed its appreciation to the accounting staff of the State Bar for
their diligent work.
4.
APPEARANCE BY JUSTICE DEBORAH A. AGOSTI
Chief Justice-Elect Deborah Agosti of the Supreme Court of Nevada met with
the Board to discuss several matters of mutual interest. Justice Agosti
expressed the Court's appreciation for the Board's good work and for the
level of bench-bar cooperation currently present in the state.
She
additionally expressed the concerns of the Court (and on behalf of
government lawyers and judges) regarding potential meetings of the State Bar
held outside the United States, and the Board engaged in a dialogue with her
on this subject.
The Board
also discussed the importance of publicizing to the membership the cost
savings effected by holding the 2003 Annual Meeting of the State Bar in New
Orleans versus West Coast locations (e.g., Seattle).
5.
CONSIDER REQUEST OF SUPREME COURT JURY IMPROVEMENT COMMISSION
The Board unanimously approved the request of the Jury Improvement
Commission for a $500 grant to be used to publish the Commission's final
report. This grant is to come from the Restricted Fund of the State Bar.
6.
CONSIDER MATTERS RELATED TO BOARD OF BAR EXAMINERS
The Board reviewed the Order implementing changes to SCR 49 (Moral Character
and Fitness Committee) and noted that its first appointment would not occur
until 2004.
7.
CONSIDER MATTERS RELATED TO LAWYER REFERRAL AND INFORMATION SERVICE
Mr. Consul, Chair of the Board's LRIS Task Force, reported on the work of
the Task Force and the subsequent meeting of the LRIS Committee at which the
Task Force's conclusions were presented to a mixed reaction. He reported
that the Task Force was unanimous that all funds of the State Bar (including
those generated from the LRIS) could only be expended by the Board of
Governors, as well as that certain tasks should be undertaken by the LRIS
Committee immediately (as contained in the written report of the Task Force
behind Tab 7 of the Agenda Book), including a review of the ABA's Program of
Assistance and Review report and consideration of ABA accreditation for the
State Bar's LRIS.
The Board
engaged in a lengthy discussion regarding the history of the LRIS situation
and potential solutions. Upon motion made and seconded, the Board voted
unanimously to continue the existence of the Task Force, to approve the
contents of the Report of the Task Force, and to request a draft policy
statement regarding the LRIS to be presented at the August 23 meeting of the
Board.
The Executive
Director was instructed to request attendance by Cecilia Rosenauer, Chair of
the LRIS Committee, at the August 23 meeting.
8. CONSIDER SUPREME COURT RULE GOVERNING COMPOSITION OF BOARD OF
GOVERNORS
The Board considered the written report of the Executive Director regarding
the realignment of the composition of the Board of Governors based on the
2002 demographics of the State Bar, as presented by Messrs. Goodenow and
Schlegelmilch. Upon motion made and seconded, the Board approved the
concepts outlined in the report and requested that Bar Counsel prepare an
ADKT petition revising SCR 81 for review by the Board at the August 23
meeting.
The Board
also discussed the issue of residency (i.e., office or home) in connection
with this Rule and in conjunction with the following item regarding the
Bylaws.
9.
CONSIDER RATIFICATION OF BYLAWS OF THE BOARD OF GOVERNORS
The Board was asked to ratify the existing Bylaws of the Board of Governors.
It was determined that this matter should be tabled and reconsidered at the
August 23 meeting of the Board. Each Board member was encouraged to review
the current Bylaws and provide comments to the Executive Director prior to
July 15.
10.
REPORT ON BOARD OF GOVERNORS ELECTION
The Board considered the written report of the Executive Director regarding
the 2002 elections for members of the Board of Governors. James W. Bradshaw
and John A. Curtas were newly elected, and Nancy Allf, Bruce Beesley, Bill
Turner and Steve Wolfson were re-elected from their respective districts.
The Board
expressed its appreciation to Mr. Davidson for his years of service on the
Board, especially as Chair of the Member Services Committee.
11.
CONSIDER REVISIONS TO SUPREME COURT RULE 79 (ADDRESS OF MEMBER)
On a divided vote, the Board approved the filing of an ADKT petition to
amend SCR 79 in order to impose a time limit for changes of address by State
Bar members and to provide a monetary penalty for failure to do so. Also on
a divided vote, the Board directed Bar Counsel to include in the petition a
requirement that each member certify annually his or her correct address and
other contact information.
12.
CONSIDER MATTERS RELATED TO ACCESS TO JUSTICE COMMITTEE
The Board unanimously approved the Statewide Pro Bono Award winners as
recommended by the Access to Justice Committee: Marilyn Romanelli (Solo
Practitioner), Law Firm of Herb Santos, Jr. (Small Firm), Dyer Lawrence
Cooney & Penrose (Medium Firm), Woodburn & Wedge (Large Firm), Gloria M.
Navarro (Public Lawyer). Additionally, Marilyn Romanelli was named Attorney
of the Year and a new Special Recognition was given to the Soroptomist
International Club of Carson City.
13.
REPORT OF GAMING LAW SECTION
The Board considered the written report from Jeff Rodefer, Chair of the
Gaming Law Section, and ratified the Section's nominations to its Executive
Committee and amendments to the Section's bylaws.
14.
CONSIDER MATTERS RELATED TO FEE DISPUTE ARBITRATION COMMITTEE
The Board appointed James A. Kohl and Victoria L. Nelson of Las Vegas as
attorney members of Las Vegas Panel C.
The Board
appointed Earl (Jack) Terry, Jr. as a lay member of Las Vegas Panel A.
15. REPORT OF YOUNG LAWYERS SECTION
The Board accepted the written Annual Report of the Young Lawyers Section
and expressed its appreciation to the Section for their outstanding work, in
particular the Goldilocks video now available on the State Bar's website.
16.
CONSIDER MATTERS RELATED TO CENTER FOR LAW RELATED EDUCATION
The Board reviewed the signed agreement between the State Bar and the Nevada
Center for Law Related Education, and the President reported on the recent
successes of the state We the People and High School Mock Trial teams from
Nevada at the national level.
The Board
approved the creation of the State Bar's Advisory Commission on Law Related
Education and appointed the following at its initial members:
Kathryn E.
Landreth,Chair Jonathan Andrews, The Hon. Shelley Berkley, Stacie Brown,
Michael Davidson, The Hon. Frankie Sue Del Papa, Robert P. Dickerson, Jason
L. Earnest, Franny Forsman, Melanie Meehan-Crossley
Dean Richard J. Morgan, John H. Mowbray, The Hon. Philip M. Pro James E.
Rogers, Judith Simpson (ex officio), Daniel Wong, The Hon. Gregg Zive
The Board
approved (with three dissenting votes) a grant of $5000 from the Restricted
Fund in support of the Summer Institute for teachers being co-sponsored by
the State Bar and the Center for Civic Education.
17.
REPORT OF CONTINUING LEGAL EDUCATION DEPARTMENT
The President expressed his appreciation for the Board's universal
attendance at the Annual Meeting and gave an overview of the week's
activities.
President-Elect Sturman reported on her site visit to New Orleans and
preliminary plans for the 2003 Annual Meeting.
The Board
engaged in a discussion regarding site selection for the annual meetings of
the Bar, in particular the issue of holding a meeting of the State Bar
outside the United States. This matter was referred to the Operations
Committee for consideration and a recommendation to be presented to the
Board at its August meeting.
The Board
expressed its deep appreciation to CLE Director Chris Boadt for his
exceptional work on the video tribute to retiring Justice Cliff Young.
18. SUPREME COURT COMMISSION ON MULTIJURISDICTIONAL PRACTICE
The President made comments regarding the history of the MJP issue in Nevada
and on the Supplemental Report filed with the Supreme Court on May 28. He
expressed the gratitude of the State Bar to Spike Wilson, Chair of the
Supreme Court Commission on MJP, and to Phaedra Kalicki and Amanda Kay of
the Supreme Court staff for their assistance in preparing the final version
of the proposed new Supreme Court Rules as recommended by the Commission.
19.
CONSIDER MATTERS FROM ABA ANNUAL MEETING AGENDA
The Board (at the request of Mr. Goodenow) reviewed matters to be considered
by the ABA House of Delegates, as follows:
Report
#100 (appearance as of right in Federal courts without local counsel):
The Board voted to instruct its Delegate (Margo Piscevich) to oppose this
matter.
Report
#201(Commission on Multijurisdictional Practice: The Board requested
that Ms. Piscevich present the position of the Supreme Court Commission but
gave no instructions regarding her vote on particular parts of the report.
20.
CONSIDER APPOINTMENT OF CHAIR OF NORTHERN NEVADA DISCIPLINARY BOARD
The Board appointed Patrick Fagan as Chair and Steven Klearman as Vice-Chair
of the Northern Nevada Disciplinary Board.
21.
REPORT OF BAR COUNSEL
At the request of Bar Counsel, Assistant Bar Counsel David Clark gave a
report on the unauthorized practice of law (UPL) initiative begun by the
State Bar in 2000 and the work of the Consumer Protection Committee,
including a report on currently pending litigation. Mr. Clark and Mr. Bare
noted that prevention of ethical violations was preferable and was being
accomplished.
Mr. Wolfson
led the Board in expressing thanks to Mr. Bare and his staff for their
excellent work.
Mr. Bare
announced that the Discipline Department had added a new employee in the Las
Vegas office, Debra Bomasuto, as a legal secretary.
22.
REPORT OF EXECUTIVE DIRECTOR
Mr. Kimbrough gave an oral report to the Board in supplementation of his
written report contained in the agenda book.
23.
ELECTION OF OFFICERS
The Board unanimously elected the following officers for the 2002-2003 bar
year:
N. Patrick
Flanagan III = President-Elect
Ann Price McCarthy = Vice President
Allen W. Kimbrough = Executive Director and Treasurer
It was noted
that the installation of officers and members of the Board of Governors
would occur on Friday, June 14, during the dinner in honor of Justice Young.
24.
REPORT OF PRESIDENT-ELECT
President-Elect Sturman presented the proposed schedule for meetings of the
Board of Governors for 2002-2003, her appointments to the Board's
committees, and her selections of section and committee liaisons from the
members of the Board. These matters were ratified unanimously by the Board.
Ms. Sturman
then presented outgoing President Mowbray with gifts from the members of the
Board and expressed the gratitude of the Board and the Bar for his years of
service.
25. REPORT OF PRESIDENT
Mr. Mowbray
expressed his appreciation to the Board and to the staff of the State Bar
for their work during the 2001-2002 bar year. He thereafter presented gifts
to each Board member as a token of appreciation.
The meeting
was adjourned at 12:40 p.m.
Respectfully
submitted,
John H.
Mowbray
President
Allen W.
Kimbrough
Executive Director