A regular meeting of the Board of Governors of the State Bar of Nevada was convened on February 23, 2005, at the Brewery Arts Center in Carson City, Nevada.
The following members were in attendance:
Ann Price McCarthy ... President
Vincent A. Consul ... President-Elect
Rew R. Goodenow ... Vice President
N. Patrick Flanagan III ... Immediate Past President
Constance Akridge
Nancy L. Allf
Bruce T. Beesley
James Bradshaw
Kathleen J. England
Cam Ferenbach
Dara J. Goldsmith
Gregory J. Kamer
Richard Morgan
Bridget Robb Peck
John P. Schlegelmilch
Bruce I. Shapiro
MEMBERS ABSENT:
William C. Turner
STATE BAR STAFF PRESENT:
Allen W. Kimbrough
Rob Bare
Audrey Bath
Christopher Boadt
Marc Mersol
Gina MacLellan
GUESTS PRESENT:
Dora Djilianova
Edward Kainen
1. CALL TO ORDER AND INTRODUCTIONS
The meeting was called to order by the President at 8:30 a.m. and a quorum was declared. Ms. McCarthy reviewed with the Board the schedule for the remainder of the day.
2. CONSENT ITEMS
Board members requested the removal of items 5 and 12. The following items were thereafter approved by unanimous consent:
2. The Minutes of the December 9, 2004 meeting of the Board;
3. The Reports on the Financial Condition of the State Bar and the Nevada Bar Foundation as of December 31, 2004;
4. Report of the Young Lawyers Section;
6. Appointment of Jennifer Henry to Clients’ Security Fund Committee;
7. Re-appointment of the following persons to the Fee Dispute Arbitration Committee:
Michael Sanders (lay) Las Vegas Panel A
Lew Brandon, Jr Las Vegas Panel A
Layne Butt Las Vegas Panel A
Michael Golden Las Vegas Panel A
Matthew Manning Las Vegas Panel A
Thomas Rondeau Las Vegas Panel A
Mike Pavlakis Carson City Panel
Ken Brown (lay) Carson City Panel
Steven Anderson (lay) Reno Panel
Tom Bader Reno Panel
Richard Blower Reno Panel
Don Dees (lay) Reno Panel
Marta Presti Reno Panel
Karl Smith Reno Panel
John Doyle Rural Panel
and appointed the following members:
F. Jonathan Farren Las Vegas Panel A
David Liebrader Las Vegas Panel A
Kevin Ryan Reno Panel
Eric Stovall Reno Panel
all for terms ending March 2008.
8. Appointment of John D. Hancock and Radha Chanderraj to the Lawyer Referral and Information Service Committee for terms ending February 2008.
9. Suspension of John E. “Ring” Smith and Kevin C. Sewell for non-payment of dues;
10. Approved applications for resignation by George B. Clifford, Michael M. Constantine, and Carolyn Jan Lord
11. Report of Executive Director;
13. Report of Director of Admissions;
14. Report of Director of Bar Services; and
15. Report of Director of Continuing Legal Education.
The following actions were taken on items removed from the Consent Agenda:
5. The Board felt that the removal of Valerie Cooney from the Committee on Ethics and Professional Responsibility was not warranted at this time and urged the Committee Chair, Dennis Kennedy, to reconsider his position after speaking with Ms. Cooney.
The Board approved the appointment of Zach Larson and David Merrill to the Committee for three-year terms ending February 2008.
12. Action on this item was deferred to the personal appearance of Edward Kainen, Chair of the Family Law Section.
3. CONSIDER REPORT OF CLIENTS’ SECURITY FUND TASK FORCE
Mr. Kamer, Chair, presented the interim report of the Clients’ Security Fund Task Force and the Board discussed same, including a comparison of Nevada’s limits on amounts allowed to a single claimant and caps on the total to be expended per defalcating attorney.
A motion was made and seconded to (1) authorize staff to computerize the Clients’ Security Fund records for current and past years, and (2) to survey the State Bar membership regarding willingness to support an increase in the Fund’s resources via an increase in dues.
The motions were separated for debate, and the first motion was approved unanimously. The second motion and further consideration of this issue were postponed to the June 2005 meeting of the Board. The Task Force was asked to make its final report and recommendations at that time.
4. CONSIDER MANDATORYDISCLOSURE OF PROFESSIONAL LIABILITY INSURANCE
Mr. Schlegelmilch presented the recommendation of the Member Services Committee that SCR 79 be amended to require the mandatory disclosure to the State Bar of whether a member carries professional liability insurance. Following a discussion by the Board, the recommendation was approved with one dissent.
5. CONSIDER MATTERS RELATED TO LEGAL ASSISTANTS DIVISION
President-Elect Consul and Mr. Beesley reported to the Board regarding their recent conversations with the Division leadership. No action was taken by the Board.
6. CONSIDER MATTERS RELATED TO YOUNG LAWYERS SECTION
Dora Djilianova, a member of the Section’s Executive Committee, gave an oral report in supplementation of the Section’s written report to the Board. Ms. England expressed the thanks of the Board to the YLS for its many worthwhile projects, particularly its Martin Luther King, Jr. Day essay contest.
7. CONSIDER MATTERS RELATED TO LAWYERS CONCERNED FOR LAWYERS
The Board considered a request from Coe Swobe, Co-Chair of Lawyers Concerned for Lawyers, that a trust fund be established from which LCL could pay for consultations and some treatment of afflicted attorneys.
The Board determined after a lengthy discussion that all LCL funds should remain in the accounts of the State Bar utilizing a “Restricted Fund” concept. Staff was directed to use its best efforts to protect the confidentiality of the members on whose behalf payments were made to third parties.
8. CONSIDER REQUEST FOR FAMILY LAW CERTIFICATION PROGRAM
Edward Kainen, Chair of the Family Law Section, appeared and presented the Section’s initial proposal regarding the establishment of a specialty certification in Family Law for Nevada practitioners. Following a lengthy discussion and input from Bar Counsel and the Executive Director, the Board granted provisional approval of the process being followed by the Section and requested that the Section return to the Board when all final details were ready for consideration.
9. CONSIDER AMICUS CURIAE BRIEF BY FAMILY LAW SECTION
The Board reviewed with Mr. Kainen the Order from the Supreme Court requesting an amicus brief be filed by the Family Law Section regarding certain issues related to child custody. The Board authorized the Section to proceed with the preparation of the brief for review by the Board at its March 30 meeting.
10. CONSIDER PARTICIPATION IN LEGISLATIVE PROCESS
President McCarthy shared with the Board various issues currently being considered by the Nevada Legislature, in particular AB 8 involving the potential for the unauthorized practice of law in the rural counties. The Board authorized the President to speak in opposition to this measure.
The Executive Director presented two issues to the Board arising from the law related education arena. First, a request to support the creation of a full-time social studies coordinator within the Department of Education and second being support of a joint resolution being introduced in furtherance of the goals of 2003's SB 309 (involving civic learning in Nevada).
The Board declined to support the social studies coordinator position by a vote of 6-7. The Board approved support of the resolution with one dissent.
11. REPORT OF PRESIDENT
The President and Board discussed potential matters to be discussed in the joint meeting with the Supreme Court later in the day.
12. ADJOURNMENT
The meeting was adjourned at Noon.
Respectfully submitted,
Ann Price McCarthy Allen W. Kimbrough
President Executive Director