A regular
meeting of the Board of Governors of the State Bar of Nevada was convened by
President Daniel F. Polsenberg on June 27, 2001, at 12:35 p.m. in the
Granite Chief Room of the Resort at Squaw Creek in Lake Tahoe, California.
The following members of the Board of Governors were in attendance:
Daniel F. Polsenberg . . . . . President
John H. Mowbray . . . . . President-Elect
Gloria J. Sturman . . . . . Vice President
Nancy L. Allf
Bruce T. Beesley
Vincent A. Consul
Michael D. Davidson
Calvin R.X. Dunlap
N. Patrick Flanagan III
Neil G. Galatz
Ann Price McCarthy
John P. Schlegelmilch
William C. Turner
Steven B. Wolfson
Dean Richard Morgan, Ex Officio
STATE BAR STAFF MEMBERS PRESENT:
Rob Bare
Audrey Bath
Esmeralda Castaneda
Allen Kimbrough
Marc Mersol
1. CALL TO ORDER AND INTRODUCTIONS
2. APPROVAL OF THE MINUTES OF THE MAY 9, 2001 MEETING OF THE BOARD OF
GOVERNORS
The minutes of the May 9, 2001 meeting of the Board of Governors were
approved as amended by the addition of the word "to" on page 5 thereof under
item 12.
3. REPORT OF COMMISSION ON MULTIJURISDICTIONAL PRACTICE
President-elect John Mowbray, Chair of the Commission, directed the Board's
attention to the memo dated June 21, 2001 and entitled "MJP Issues and
Concerns," which was submitted to the American Bar Association's Commission
on Multijurisdictional Practice. The Board expressed its desire to enhance
the flow of information from the ABA. It was agreed that the State Bar would
copy the Board members on all ABA e-mails related to multijurisdictional
practice issues.
Ann McCarthy made a motion to require our representative to the ABA House of
Delegates (currently Margo Piscevich) to report to the Board of Governors
twice a year at its August and March meetings. The motion passed.
4. REPORT OF BENCH/BAR COMMITTEE
John Schlegelmilch reported to the Board that the Committee's report had
been submitted to the Supreme Court of Nevada and that the Committee was
currently awaiting the appointment of additional members to the Committee.
5. REPORT OF FAMILY LAW SECTION
Ann McCarthy was pleased to report that the Family Law Section was close to
publication of its Family Law Practice Manual and noted that the "CLE at
Sea" event scheduled for September 2001 was focused on family law.
6. REPORT OF CONSUMER PROTECTION COMMITTEE
Assistant Bar Counsel David Clark presented the State Bar's annual status
report on the Unauthorized Practice of Law Initiative (UPL). He cited
family, immigration and estate law issues as the Bar's biggest concerns.
Discussion followed among Board members with all in agreement that the Bar
should continue to vigorously pursue and eliminate the unauthorized practice
of law. Mr. Clark was commended for his excellent work on behalf of the Bar.
7. CONSIDER APPOINTMENTS TO THE BOARD OF TRUSTEES OF THE NEVADA LAW
FOUNDATION
The names of Curtis Coulter and Matthew Sharp were submitted to the Board by
the Nevada Law Foundation for consideration for a vacancy on the
Foundation's Board of Trustees. Additionally, the Foundation requested the
reappointment of Tom Traicanti, Rich Myers, and W. Randall Mainor for an
additional term.
It was noted that these vacancies on the Nevada Law Foundation Board of
Trustees were not advertised in Nevada Lawyer in accordance with previously
established policy, and a motion was made to make an interim appointment to
the vacant position, subject to advertisement and solicitation of candidates
from the general bar membership as quickly as possible. The motion failed.
The Board then agreed that these positions be advertised in the next issue
of Nevada Lawyer and the appointments deferred to the August 17 meeting of
the Board of Governors.
8. CONSIDER APPOINTMENT OF ATTORNEY-ALTERNATES TO COMMISSION ON JUDICIAL
DISCIPLINE
Steve Wolfson and Neil Galatz abstained from the discussion of or vote on
this matter.
The Commission on Judicial Discipline requested that the Board of Governors
ratify that the appointment of Wayne Chimarusti and Karl W. Armstrong as
attorney-alternates on the Commission were effective in cases arising prior
to January. Upon motion made and seconded, the Commission's request was
approved.
9. CONSIDER APPOINTMENT TO THE STANDING COMMITTEE ON JUDICIAL ETHICS AND
ELECTION PRACTICES
A decision was made to advertise the vacancy on the Standing Committee on
Judicial Ethics and Election Practices in the next available Nevada Lawyer
for action at the August 17 meeting of the Board of Governors.
10. CONSIDER APPOINTMENTS TO NORTHERN AND SOUTHERN NEVADA DISCIPLINARY
BOARDS
A motion was made, seconded and approved to re-appoint the following
volunteer attorney members of the Nevada Disciplinary Boards whose terms
were to expire June 30, 2001:
Southern: George Cromer; Eric Dobberstein; Martin Kravitz; James Lisowski;
Janiece Marshall; Sandra Pomrenze; Ann Pongracz; Nicholas Santoro; Jay
Siegle; Paul Wommer;
Ed Bernstein (Alternate); Edward Hanigan (Alternate); and Howard Miller
(Alternate). The terms for these positions will run through June 30, 2004.
Northern: Theodore Beutel; Dan Bowen; Curtis Coulter; Steve Klearman; Paul
Matteoni; John Mulligan; Kevin Ryan; Richard Schulze; and Roger Whomes. The
terms for these positions with the exception of Mr. Klearman will run
through June 30, 2004. Mr. Klearman's second term expired May 30, 2001 and
his final term will run through May 30, 2004.
A motion was made, seconded and approved for the Transfer Appointment of
Lauren Diefenbach, formerly of the Northern Nevada Disciplinary Board Panel,
to the Southern Nevada Disciplinary Board Panel. Her term as an alternate
attorney member will run through June 30, 2004.
A motion was made, seconded and approved for the following four New
Appointments to the Northern Nevada Disciplinary Board: Jay Sourwine as an
attorney-member, JoLee Wickes as an alternate attorney-member, Christian
Moore as an alternate attorney-member, and Linda Daykin as an alternate
attorney-member.
The appointment of a Northern Panel Vice Chair to fill the vacancy left by
new Board of Governors' member Bridget Robb Peck was deferred at this time.
11. CONSIDER APPOINTMENT TO THE COMMITTEE ON MORAL CHARACTER AND FITNESS
A motion was made, seconded and approved to appoint Lori M. Story to fill
the vacancy on the Committee on Moral Character and Fitness.
12. CONSIDER APPOINTMENT TO COMMITTEE ON FUNCTIONAL EQUIVALENCY
A motion was made, seconded and approved to appoint Andrew G. Burnett to
fill the vacancy on the Committee on Functional Equivalency.
13. CONSIDER APPOINTMENT TO COMMITTEE ON FEE DISPUTE ARBITRATION
A motion was made, seconded and approved to appoint Bert Wuester Jr. to fill
the vacancy in Las Vegas Panel A for the Fee Dispute Arbitration Committee.
14. CONSIDER CORRECTION TO ACCESS TO JUSTICE AWARDS
A motion was made, seconded and approved to ratify the corrected list of
nominees for the 2001 Access to Justice Pro Bono Awards, to reflect the
Access to Justice Committee's selection of the law firm of Jimmerson Hansen
of Las Vegas.
15. DISCUSSION OF CERTIFICATION STANDARDS FOR THE LEGAL ASSISTANTS DIVISION
Merrilyn Marsh spoke to the Board members about the Paralegal Certificate
Program. Concerns were expressed concerning the financial impact of the
certification process on the State Bar.
Further discussion on certification standards was tabled until a subsequent
Board meeting. Dara J. Goldsmith was appointed as the Board's liaison to the
Legal Assistants Division and the Lawyer Referral and Information Service
Committee.
16. REPORT OF CONTROLLER
Marc Mersol, Controller, presented his report to the Board, including the
financial statements for the periods ending April 30 and May 31, 2001.
17. REPORT OF BAR COUNSEL
The Board met in Executive Session to receive a report from counsel
regarding pending litigation.
Petitions incorporating the Board's requested changes to SCR 191 and SCR 199
have been filed. The petition regarding term limits for various Bar-related
entities will be filed shortly after the meeting.
The matter of the Lawyers Concerned for Lawyers exclusionary rule is still
pending.
18. REPORT OF EXECUTIVE DIRECTOR
Allen Kimbrough announced the results of the recent Board of Governors'
elections, at which time Gloria J. Sturman, N. Patrick Flanagan III, Vincent
A. Consul, Rew R. Goodenow and John P. Schlegelmilch were reelected to the
Board. New members of the Board will be Kathleen J. English, Dara J.
Goldsmith and Bridget Robb Peck.
Allen bid farewell to outgoing Executive Assistant Esmeralda Castaneda, who
has moved to California, and welcomed incoming Executive Assistant Audrey
Bath, who has relocated to Nevada from Pennsylvania.
Allen briefly discussed the tentative plans for the August Board of
Governors meeting to be held August 17, 2001 at the Carson Valley Inn in
Minden. Board members will be traveling to Minden late Thursday afternoon
and will be having dinner together at the Carson Valley Country Club in
Gardnerville.
19. REPORT OF THE PRESIDENT
President Dan Polsenberg gave a summary the year's activities and expressed
his appreciation to the Board and the staff for their good work.
20. ELECTION OF OFFICERS OF THE BOARD OF GOVERNORS
John H. Mowbray was named President by automatic succession. The following
officers of the Board of Governors were elected by acclamation: Gloria J.
Sturman as President-Elect, N. Patrick Flanagan III as Vice President, and
Allen W. Kimbrough, Executive Director, as Secretary and Treasurer.
Mr. Mowbray expressed special thanks to retiring Board members Cal Dunlap,
Neil Galatz and Dan Polsenberg. He then presented a chair and engraved glass
piece from the Board of Governors to outgoing President Polsenberg in
appreciation for his service.
21. MATTERS FOR 2001-2002 BAR YEAR
Mr. Mowbray shared with the Board his vision for the 2001-2002 bar year.
There being no further business to come before the Board, the meeting was
adjourned at 4:13 p.m.Respectfully submitted by:
Daniel F. Polsenberg Allen W. Kimbrough
President Executive Director