Board
Meeting Minutes 08/17//01
A regular
meeting of the Board of Governors of the State Bar of Nevada was convened
by President John H. Mowbray on August 17, 2001, at 9:35 a.m. in the Dublin
Room of the Carson Valley Inn in Minden, Nevada. John H. Mowbray
Allen W. Kimbrough
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
Nancy L. Allf
Bruce T. Beesley
Vincent A. Consul
Dara J. Goldsmith
Rew R. Goodenow
Ann Price McCarthy
Bridget Robb Peck
John P. Schlegelmilch
William C. Turner
Steven B. Wolfson
Dean Richard Morgan, Ex Officio
STATE BAR STAFF MEMBERS PRESENT:
Allen Kimbrough
Rob Bare
Marc Mersol
Audrey Bath
1. CALL TO ORDER
2. APPROVAL OF THE MINUTES OF THE JUNE 27, JUNE 28 AND JULY 12, 2001 MEETINGS
OF THE BOARD OF GOVERNORS
The minutes of the June 27, 2001 meeting of the Board of Governors were
approved unanimously.
The minutes of the June 28, 2001 meeting of the Board of Governors were
approved as amended to reflect the attendance of Rew Goodenow.
The minutes of the July 12, 2001 meeting of the Board of Governors were
approved unanimously.
Questions were raised regarding the waivers of notice for the June 28
and July 12 meetings with Dean Morgan noting that such waivers should
be in writing and signed by all members of the Board of Governors.
3. REPORT OF COMMISSION ON MULTIJURISDICTIONAL PRACTICE
President Mowbray reported that the Supreme Court of Nevada had re-constituted
the State Bar's Commission under its aegis and had appointed Justice Nancy
Becker as its liaison to the new Supreme Court Commission on Multijurisdictional
Practice. Thomas R. C. (Spike) Wilson II of Reno was named to chair the
Commission, and three members of the state judiciary will be added shortly.
It is anticipated that the Commission will hold a series of public hearings
throughout the state prior to drafting a written report with recommendations
for submission to the Supreme Court prior to year end.
4. REPORT OF YOUNG LAWYERS SECTION
Joel Santos, Chair of the Young Lawyers Section (YLS), gave an oral report
to the Board on the recent activities of the Section. He announced that
the YLS Executive Council would hold a planning retreat on Friday, September
14 at which time it expected to focus on three goals: (1) increasing membership
and participation, (2) developing more interaction with the Boyd School
of Law, and (3) originating new activities and programs.
Prior to presenting the slate of 2001-2002 YLS officers and members of
the Executive Council, Mr. Santos noted that Brett Kandt (nominee for
Chair-Elect) had resigned and was moving out of the country. Thereafter,
on motion made and seconded, the Board unanimously ratified the selection
of Steven Caruso, Joel Santos, Brett Kandt, and Elizabeth Whitney as members
of the YLS Executive Council and the election of the following officers:
Joel Santos, Chair; Brett Kandt, Chair-Elect; and Shawn Pearson, Secretary.
Mr. Santos was thanked by the Board for the excellent work done by the
YLS in furtherance of the principles and goals of the State Bar.
5. ANNUAL REPORT OF PUBLIC LAWYERS SECTION
The written Annual Report of the Public Lawyers Section was reviewed by
the Board.
A discussion ensued regarding the use of the State Bar website to provide
the various sections and committees with an opportunity to both communicate
with their own membership or to provide information for the public or
other members of the profession.
6. REPORT OF MEMBER SERVICES COMMITTEE
In the absence of Chair Mike Davidson, Bruce Beesley gave the report of
the Member Services Committee.
Mr. Beesley stated that efforts were underway to find a new group health
care provider for members of the State Bar to replace the non-performing
Health Agencies of the West.
Mr. Beesley also presented the Committee's recommendation that the State
Bar enter into an affinity credit card agreement with MBNA for a "State
Bar of Nevada MasterCard," noting that royalties would be paid to
the State Bar for the use of the cards with all marketing and promotional
costs borne by MBNA. The recommendation was approved unanimously.
7. CONSIDER APPOINTMENT OF CHAIR OF COMMITTEE ON PROFESSIONAL RESPONSIBILITY
AND CONDUCT
Marshal Willick was unanimously selected to chair the Standing Committee
on Professional Responsibility and Conduct, effective August 30, 2001.
Mr. Willick was requested to appear at the future meetings of the Board
to report on the work of the Committee beginning with the meeting of October
17 in Reno. It was also noted that there were vacancies on the Committee
that needed to be filled and requested that they be advertised in the
next issue of Nevada Lawyer.
8. CONSIDER APPOINTMENT OF LAWYER REPRESENTATIVES TO NINTH CIRCUIT
Andrew P. Gordon and Laurel E. Davis were appointed by the Board to three-year
terms as lawyer representatives to the Ninth Circuit Conference. The Board
thanked Nancy Allf and Von Heinz for their service in this capacity.
9. CONSIDER APPOINTMENTS TO THE FEE DISPUTE ARBITRATION PANELS
Lee A. Drizin, Esq. was unanimously appointed as a new member of the Fee
Dispute Arbitration Committee, Las Vegas Panel A.
The following seven names were unanimously reappointed to serve on the
Fee Dispute Arbitration Committee, Reno Panel: attorneys Richard F. Cornell,
David H. Hamilton, William Harrison, Paul A. Matteoni and Jenny Hubach;
and lay members Patricia Kios and Richard McConnell.
Roger R. Harada and Clark V. Vellis were unanimously appointed to fill
vacancies on the Reno Panel.
10. CONSIDER ABA RESOLUTION ON BANKRUPTCY ATTORNEY LIABILITY
Rew Goodenow advised the Board concerning the action of the American Bar
Association House of Delegates in opposition to the enhanced attorney
liability provisions of the Bankruptcy Code currently under Congressional
debate (S.420/H.R. 333).
Upon motion made and seconded, the Board approved support of the ABA position
and requested that a formal Resolution be signed by the President and
forwarded to the House/Senate Conference Committee.
11. CONSIDER ADOPTION OF BOARD REIMBURSEMENT POLICIES AND PROCEDURES
The Board, upon motion made and seconded, unanimously adopted the new
Reimbursement Policies and Procedures for the Board of Governors as presented.
12. CONSIDER REPAYMENT OR EXTENSION OF MORTGAGE
The Board considered the recommendation of the Mortgage Committee that
the mortgage on the State Bar offices at 600 East Charleston in Las Vegas
be retired as soon as practicable. Controller Marc Mersol gave input regarding
the financial condition of the State Bar and the gap existing between
our current investments and the mortgage interest expense. Upon motion
made and seconded, the Board approved the recommendation on a divided
vote.
It was suggested that the State Bar obtain a line of credit of at least
$200,000 to cover any cash flow shortfalls that might occur prior to year
end.
13. CONSIDER MIDYEAR BUDGET REVIEW AND ADJUSTMENTS
The Executive Director and the Controller presented a midyear review of
the State Bar Budget and proposed that a revised Budget be adopted to
better reflect the actual experience to date and more informed projections
for the remainder of the year.
The proposed Revised Budget was adopted unanimously.
14. REPORT OF CONTROLLER
The Controller reviewed with the Board the Statement of Financial Condition
as of June 30, 2001 and responded to questions regarding future revenue
potential and other topics.
15. REPORT OF THE CLE DEPARTMENT
The Board then considered the written report of Chris Boadt, Director
of Continuing Legal Education, it being additionally noted that the 5th
Edition of the Nevada Civil Practice Manual would be published in October.
The Board considered the recommendation of Mr. Boadt and the Executive
Director that the State Bar hold a Midyear Meeting each year at which
sections and committees could meet in a central location combined with
a CLE ethics program. By consensus the Board agreed that the staff could
proceed with planning for this event.
Plans for the 2002 Annual Meeting in Hawaii were discussed.
16. REPORT OF ADMISSIONS DEPARTMENT
The Executive Director presented comments in addition to the written report
of Director of Admissions Patrice Eichman. The administration of the 2001
State Bar Examination went well with slightly over 600 examinees.
The Board was advised that the bar examination results would be released
on Friday, October 5, with swearing-in ceremonies for new admittees to
be held on Wednesday, October 17 in Reno and on Friday, October 19 in
Las Vegas with the respective county bar associations hosting receptions
following the ceremonies.
17. REPORT OF BAR COUNSEL
In Executive Session Bar Counsel Rob Bare discussed with the Board pending
litigation matters involving the State Bar and issues related thereto.
Mr. Bare advised the Board that John Cotton had resigned as a member of
the Southern Nevada Disciplinary Board.
On motion made and seconded (as amended) the Board authorized the President
to discuss informally with Chief Justice A. William Maupin the Board's
desire to amend its currently pending ADKT petition asking for revisions
to SCR 199 (Firm Names) to reflect the Board's desire to substitute ABA
Model Rule 7.5 for current SCR 199.
The Board deferred action on new SCR 106.5 (Lawyers Concerned for Lawyers)
to the October 17 meeting.
The Board engaged in a general discussion regarding SCR 191 relating to
pro bono services and access to justice.
18. REPORT OF EXECUTIVE DIRECTOR
The Executive Director distributed copies of the report of the State Bar's
delegate to the ABA House of Delegates, Margo Piscevich.
Mr. Kimbrough also reviewed the with Board his written report and responded
to questions.
19. REPORT OF THE PRESIDENT
President Mowbray shared with the Board his priorities for the 2001-2002
bar year, including increased involvement on a national level, a closer
working relationship with the Supreme Court, closer working relationships
with local and county bars, and increased member services and member participation.
Mr. Mowbray presented a commemorative copy of the Nevada Lawyer cover
featuring the inaugural graduating class of the William S. Boyd School
of Law at UNLV to Dean Richard Morgan.
20. ADJOURNMENT
The meeting was adjourned at 2:45 p.m.Respectfully submitted,
President Executive Director