Regulation, Admissions & Discipline Oversight
Notice and Agenda
Thursday, May 14, 2009
2:00 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. Rules of Procedure of the State Bar of California 105 re: Motion Response Briefs. Request for Release for Public Comment. (Drexel)
B. Proposed Rule of Procedure 216.5 Re: The Right of the Victims of Attorney Misconduct to Submit a Victim’s Statement at the Mitigation/Aggravation Stage of Disciplinary Proceedings. Request For Release For Public Comment.  (Drexel)
III. Action
A. Modification of Rule 106, Rules of Procedure of the State Bar of California regarding disqualification of judges. Request for adoption following public comment. (Colin Wong) [back-to-back May 124]
B. Revisions to the State Bar Rules of Procedure for Fee Arbitrations and the Enforcement of Awards by the State Bar of California. Request for adoption following public comment. (Jill Sperber) [back-to-back item May 54-121]
C. Sonoma County Bar Association Fee Arbitration rules (Sperber) [back-to-back item May 54-122]
D. At the Request of the Chair of RAD, this item is moved to the Consent Agenda.  (See Open Item II.A. above)
E. Correction to Rule 2.37 regarding resignations without charges pending. (Drexel) [back-to-back May 123]
F. At the Request of the Chair of RAD, this item is moved to the Consent Agenda. (See Open Item II.B. above)
G. Proposed New Rule 1-650, Rules of Professional Conduct of the State Bar of California–Return From Public Comment [Back-to-back May 126] (Difuntorum)
IV. Discussion/Information
A. Advisory Committee year-end report:  Committee of Bar Examiners (Murphy)
B. Advisory Committee year-end report:  Committee on Mandatory Fee Arbitration (Sperber)
C. Advisory Committee year-end report:  Committee on Professional Responsibility and Conduct (Difuntorum)
D. Advisory Committee year-end report:   Rules Revision Commission (Difuntorum)
E. Oral Report on Submission of the Annual Discipline Report
V. Reports
A. Status Report from Admissions (Murphy)
B. Status Report from the Office of the Chief Trial Counsel (S. Drexel)
C. Status Report from the State Bar Court (Wong)
D. Status Report from Professional Competence (Difuntorum)
E. Status Report from the Client Security Fund (S. Drexel)
F. Status Report from the Office of Probation (S. Drexel)
G. Status Report from Mandatory Fee Arbitration (S. Drexel)
Closed Session

I. Consent
A. Report from Robert Persons, the outside Rule 2201(i) Special Counsel to RAD** (Hawley)
II. Action
A. Consideration of Proposed Resignation of Attorney Alvarez (Drexel) [Back-to-back item MAY 3127-A***]
B. Consideration of Proposed Resignation of Attorney Fegan (Drexel) [Back-to-back item MAY 3127-B***]
C. Consideration of Proposed Resignation of Attorney Hoang (Drexel) [Back-to-back item MAY 3127-C***]
D. Consideration of Proposed Resignation of Attorney Katsnelson (Drexel) [Back-to-back item MAY 3127-D***]
E. Consideration of Proposed Resignation of Attorney Kerekes (Drexel) [Back-to-back item MAY 3127-E***]
F. Consideration of Proposed Resignation of Attorney Knoblock (Drexel) [Back-to-back item MAY 3127-F***]
G. Consideration of Proposed Resignation of Attorney Kontos (Drexel) [Back-to-back item MAY 3127-G***]
H. Consideration of Proposed Resignation of Attorney Merdzinski (Drexel) [Back-to-back item MAY 3127-H***]
I. Consideration of Proposed Resignation of Attorney Moss (Drexel) [Back-to-back item MAY 3127-I***]
J. Consideration of Proposed Resignation of Attorney Murphy (Drexel) [Back-to-back item MAY 3127-J***]
K. Consideration of Proposed Resignation of Attorney Nelson (Drexel) [Back-to-back item MAY 3127-K***]
L. Consideration of Proposed Resignation of Attorney Thomas (Drexel) [Back-to-back item MAY 3127-L***]
M. Chief Trial Counsel Evaluation (Hawley)** [Materials to be distributed separately]
N. Appointment of Chief Trial Counsel (Hawley) [back-to-back item May 125]** [Materials to be distributed separately]
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. At the Request of the Chair of RAD, this item is moved to the Consent Agenda. (See Closed Item I.A. above.)
B. Oral report regarding Discipline Day (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.
   
 
Close
V. Reports:

Attachments:
None