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Regulation, Admissions & Discipline Oversight
Notice and Agenda
Thursday, March 5, 2009
1:00 p.m. - 5:00 p.m.
The State Bar of California
180 Howard Street
Board Room, 4th Floor
San Francisco, CA 94105
(415) 538-2000
Questions regarding any agenda item should be directed to the Committee Coordinator(s), Doug Hull at (415) 538-2015 or Chair, Richard Frankel at (925) 355-9800. Committee members are requested to notify the Committee Coordinator as early as possible in advance of the meeting if they wish to remove any item/s from the consent agenda.
Committee Members:
Michael Marcus, William Hebert, George Davis, John Dutton, Jeannine English, William Gailey, Rex Heinke, Jim Hussey, Angela Davis.
The order of business is approximate and subject to change.
For meetings of the Board and Board Committees. Committee meetings and items scheduled for a particular day may be moved to an earlier or later day to facilitate business of the Board and Board Committees.
The order of business is approximate and subject to change.
Open Session
I. Chair's Report
Oral Report
II. Consent
A.
Modification of Rule 106, Rules of Procedure of the State Bar of California Regarding Disqualification of Judges. Request for Release for Public Comment. (Wong/Hebert)
B.
Release for Public Comment of Proposed Revisions to the State Bar Rules of Procedure for Fee Arbitrations and the Enforcement of Awards by the State Bar of California. (Sperber/Heinke)
C.
Proposed Amendment to Rule 75, Rules of Procedure of the State Bar of California regarding Early Neutral Evaluations. Request for release for public comment. (Drexel/A. Davis)
III. Action
A.
Resignations with Charges Pending. Request for Adoption Following Public Comment [Back-to-back item MAR 122] (Drexel/A. Davis)
B.
Rules of Procedure of The State Bar of California / Rules of Court: Permanent Disbarment Proposal—Proposed Adoption Following Public Comment Period. [Back-to-back item MAR 123] (Drexel/A. Davis)
C.
Rules of Procedure of The State Bar of California: Client Security Fund Actuarial Study—Proposed Implementation of Recommendations Following Public Comment Period [Back-to-back item MAR 124] (Drexel/A. Davis)
D.
Rules of The State Bar of California: Resignations Without Charges Pending—Proposed Adoption Following Further Public Comment Period [Back-to-back item MAR 125] (Drexel/Davis)
E.
Consideration of Proposed State Bar Formal Opinion Interim No. 05-0001 (Re Modifications of Fee Agreements)
(Heinke)
F.
Approval of Proposed Revisions to the Arbitration Rules of Procedure of the Bar Association of San Francisco Attorney/Client Fee Dispute Program (Back-to-back MAR 54-121) (Sperber/Heinke)
G.
Chief Trial Counsel Appointment/Reappointment Process (2009-2013 Term) [Back-to-back item March 126] (Hawley)
IV. Discussion/Information
A.
Report/Analysis re: Nancy Keough Recommendations Regarding the Alternative Discipline Program
(Heinke)
B.
Surrogate Attorney Program (Drexel/A. Davis)
C.
Oral Report from Discipline Task Force (Hebert)
D.
Transcripts from Annual Discipline Hearing
E.
Report from Annual Discipline Day (Gailey)
V. Reports
A.
Report of the Subcommittee designated to review the charge of the Rules Revision Commission. (Heinke)
B.
Status report from Competence (Difuntorum)
C.
Mandatory Fee Arbitration Overview (Heinke)
D.
Status report from Mandatory Fee Arbitration (Drexel)
E.
Status Report from Admissions (Murphy)
F.
Status Report from the State Bar Court (Wong)
G.
Status Report from the Office of the Chief Trial Counsel (Drexel)
H.
Status Report from the Client Security Fund (Drexel)
I.
Status Report from the Office of Probation (Drexel)
Closed Session
I. Consent
II. Action
A.
Consideration of Proposed Resignation of Attorney Abrams with Disciplinary Charges Pending [Back-to-back item March 3127-A] (Drexel/Hussey)
B.
Consideration of Proposed Resignation of Attorney Achen with Disciplinary Charges Pending [Back-to-back item March 3127-B] (Drexel/Hussey)
C.
Consideration of Proposed Resignation of Attorney Agajanian with Disciplinary Charges Pending [Back-to-back item March 3127-C] (Drexel/Hussey)
D.
Consideration of Proposed Resignation of Attorney Bjerregaard with Disciplinary Charges Pending [Back-to-back item March 3127-D] (Drexel/Hussey)
E.
Consideration of Proposed Resignation of Attorney Borgerson with Disciplinary Charges Pending [Back-to-back item March 3127-E] (Drexel/Hussey)
F.
Consideration of Proposed Resignation of Attorney Brickwood with Disciplinary Charges Pending [Back-to-back item March 3127-F] (Drexel/Hussey)
G.
Consideration of Proposed Resignation of Attorney Cohen with Disciplinary Charges Pending [Back-to-back item March 3127-G] (Drexel/Hussey)
H.
Consideration of Proposed Resignation of Attorney Geyer with Disciplinary Charges Pending [Back-to-back item March 3127-H] (Drexel/Hussey)
I.
Consideration of Proposed Resignation of Attorney Hessler with Disciplinary Charges Pending [Back-to-back item March 3127-I] (Drexel/Hussey)
J.
Consideration of Proposed Resignation of Attorney Hughes with Disciplinary Charges Pending [Back-to-back item March 3127-J] (Drexel/Hussey)
K.
Consideration of Proposed Resignation of Attorney Koch with Disciplinary Charges Pending [Back-to-back item March 3127-K] (Drexel/Hussey)
L.
Consideration of Proposed Resignation of Attorney Lee with Disciplinary Charges Pending [Back-to-back item March 3127-L] (Drexel/Hussey)
M.
Consideration of Proposed Resignation of Attorney Linneball with Disciplinary Charges Pending [Back-to-back item March 3127-M] (Drexel/Hussey)
N.
Consideration of Proposed Resignation of Attorney Rubin with Disciplinary Charges Pending [Back-to-back item March 3127-N] (Drexel/Hussey)
O.
Consideration of Proposed Resignation of Attorney Shaw with Disciplinary Charges Pending [Back-to-back item March 3127-O] (Drexel/Hussey)
P.
Consideration of Proposed Resignation of Attorney Silva with Disciplinary Charges Pending [Back-to-back item March 3127-P] (Drexel/Hussey)
Q.
Consideration of Proposed Resignation of Attorney Woo with Disciplinary Charges Pending [Back-to-back item March 3127-Q] (Drexel/Hussey)
R.
Consideration of Proposed Resignation of Attorney Xanthopolous with Disciplinary Charges Pending [Back-to-back item March 3127-R] (Drexel/Hussey)
III. Advice of counsel pertaining to matters on the open agenda
Advice of counsel pertaining to matters on the open agenda
IV. Discussion/Information
V. Reports
A.
Status of Disciplinary Complaints/Proceedings Against Attorney Henry James Koehler (Drexel)
* Closed under Rule 6.53(A)(1) of the Rules of the State Bar to receive advice of counsel.
** Closed under Bus. & Prof. Code § 6026.5(d) to consider a personnel matter.
*** Closed under Bus. & Prof. Code § 6026.5(e) to consider a matter involving a disciplinary investigation or proceeding.
III. Action
:
Agenda item re opinion 05-0001
Attachments:
None
