MEETING
OF THE
BOARD OF GOVERNORS
OF THE
STATE BAR OF ARIZONA
September 21, 2007
Arizona Bar Center
Phoenix
BOARD MEMBERS PRESENT: Daniel J. McAuliffe, President, Phoenix; Edward F. Novak, President-Elect, Phoenix; Raymond A. Hanna, First Vice President, Prescott; Alan P. Bayham, Jr., Second Vice President, Phoenix; Joseph A. Kanefield, Secretary-Treasurer, Phoenix; Bryan B. Chambers, Globe; Richard D. Coffinger, Glendale; Roger H. Contreras, Sierra Vista; Amelia Craig Cramer, Tucson; Michael J. Crawford, Tucson; Whitney Cunningham, Flagstaff; Stephen M. Dichter, Phoenix; Diane L. Drain, Phoenix; Abbe M. Goncharsky, Young Lawyers Division, Tucson; H. Leslie Hall, Phoenix; Richard T. Platt, Florence; Foster Robberson, Phoenix; Dee-Dee Samet, Tucson; Jimmie Dee Smith, President, Immediate Past President, Yuma; Public Members: Frank Barriga, Glendale; Bennie R. Click, Munds Park; Fernando Gonzales, Tucson; and Alexander B. Jamison, Scottsdale; At-Large Paul W. Ahler, Phoenix; David K. Byers, Phoenix; alternate Mike Baumstark, Phoenix and Virginia Herrera-Gonzales, Phoenix.
BOARD MEMBERS ABSENT: Ex Officio Members: Dean Toni Massaro, Tucson; Dean Patricia White, Tempe.
OTHERS PRESENT: Teresa Schmid, Executive Director; Robert Van Wyck, Chief Bar Counsel; John Furlong, General Counsel; Colleen McManus, Senior Director of Human Resources; Larry McVey, Chief Financial Officer; Nina Benham, Assistant to the Executive Director; Carrie Sherman, Director of Executive Projects; Patricia Giallanza, Director of Communications; Kathleen Lundgren, Government Relations Administrator; Tim Eigo, Editor, Arizona Attorney Magazine; Tom Harper, Manager of Accounting; Betty Flores, Director of the Resource Center; Lisa Deane, Director of CLE; Nedra Brown, Director of Committees and Sections.
GUESTS: Justice of the Peace Steven McMurry; Hon. Hugh Hegyi; Ellen Katz; John Rogers; Thomas Hudson; William Klain; Debbie Weecks; David Rosenbaum; Jeff Jacobson; Trisha Baggs; Nicole Seder-Cantelme; Denise McClain; Patti Shelton; and Heidi and Kenneth Neeley. Additionally, Kent Stevens, Quarles & Brady, LLP; Mike Sandulak, Division Chief; Paul Knobbe, Fire Captain; Kara Kalkbrenner, Assistant Chief; and Frank Salomon, Division Chief.
President Dan McAuliffe called the meeting to order at 8:35 a.m.
President McAuliffe reported that he met with Los Abogados, Arizona Women Lawyers Association (AWLA), the Coconino County Bar Association and the Bar Leadership Institute. Approximately 90 applications were received for the Institute’s 15 slots and the very successful kick-off session was held in Tubac on September 15-16.
Alan Bayham, Chair, reviewed the recommendations of candidates from the Appointments Committee and the following action was taken:
Mr. Bayham reviewed the recommendations of the Appointments Committee for the two openings on the Arizona Commission on Appellate Court Appointments. The Board of Governors traditionally forwards one nomination per opening to the Governor for appointment, subject to the advice and consent of the Arizona State Senate. Along with the Committee’s nominations of Jill Harrison and Scott Gan, nominations from the floor included William Michael Smith and William Ekstrom. Each Board member cast a vote for two candidates. Jill Harrison and Scott Gan received the highest number of votes and will be nominated to the Governor to fill two positions on the Arizona Commission on Appellate Court Appointments.
Arizona Supreme Court Committee on Examinations
Mr. Bayham reviewed the Appointments Committee’s recommendation to forward the names and applications of the following attorneys to the Arizona Supreme Court for its consideration to fill two positions on the Committee on Examinations: D’Arcy Downs-Volbracht, Steven Gonzales, Deborah Euler-Ajayi, Daniel “Greg” Sakall, Katherine Cooper, and Rodney Galarza. The Board of Governors is asked to submit three nominations per opening (six total) to the Supreme Court for its ultimate selection.
Steve Dichter moved to send this matter back to the Appointments Committee for review. Leslie Hall seconded the motion, but after discussion the motion was withdrawn. Along with the Committee’s six recommendations, nominations from the floor included James Drake and Jeffrey Weinstein. Each Board member cast a vote for six candidates. Those receiving the highest number of votes and who would be recommended to the Supreme Court to fill two openings on the Committee on Examinations are Katherine Cooper, D’Arcy Downs-Volbracht, James Drake, Deborah Euler-Ajayi, Daniel Sakall, and Jeffrey Weinstein.
Arizona Supreme Court Committee on Character and Fitness
Mr. Bayham reviewed the Appointments Committee’s recommendation to forward the names and applications of the following attorneys to the Arizona Supreme Court for its consideration to fill one position on the Committee on Character and Fitness: Richard Gordon, Sandra Fromm and Frankie Jones. The Board of Governors is asked to submit three nominations per opening to the Supreme Court for its ultimate selection.
Along with the Committee’s three recommendations, nominations from the floor included David Cole, Rodney Galarza and Kip Micuda. Each Board member cast a vote for three candidates. Those receiving the highest number of votes and who would be recommended to the Arizona Supreme Court to fill one opening on the Committee on Character and Fitness are Richard Gordon, Frankie Jones and Rodney Galarza.
City of Surprise Judicial Selection Advisory Commission
Mr. Bayham reviewed the Appointments Committee’s recommendation to forward the names and applications of the following attorneys to the Surprise City Council for its consideration to fill the one attorney position on the City of Surprise Judicial Selection Advisory Commission: Mathis Becker, James Hernandez and Barry Uhrman. Along with the Committee’s three recommendations, nominations from the floor included Michael Radosevich and Woodrow Thompson. Each Board member cast a vote for three candidates. Those receiving the highest number of votes and who would be recommended to the Surprise City Council for its ultimate selection to fill the designated State Bar position are Mathis Becker, James Hernandez and Woodrow Thompson.
SEATS ON BOARD FOR LAW SCHOOL DEANS
Dee-Dee Samet moved and Richard Coffinger seconded and the Board voted unanimously to amend its policy (providing that the deans of the law schools are ex-officio, non-voting members of the Board, allowed to attend both open and executive sessions) to include the newly ABA accredited Phoenix School of Law.
President McAuliffe reported on the Phoenix Senior Lawyers’ reaction to his proposal regarding dues and CLE requirements for members of the Bar over the age of 70 and for consideration of establishing a Senior Lawyers Division of the Bar. Richard Coffinger’s proposal was included in the Board materials for consideration. Amelia Craig Cramer reported on the reaction she received to President McAuliffe’s proposal from the Tucson senior members. For its October meeting, the Board requested that the staff prepare a five-year projection on the financial impact of a dues change if those affected included attorneys 70 and over, 72 and over, or 75 and older. The Board further requested a comparative analysis of senior status in mandatory bars of comparable size to Arizona’s. The senior members will be notified of the meeting via mail with both proposals included.
FINANCIAL REPORT
The State Bar of Arizona July 2007 financial statements and the Chief Financial Officer’s financial report to the Finance Committee were included in the BOG package of meeting materials.
Larry McVey, Chief Financial Officer, reported that the Finance Committee approved a $2,500 Gold Sponsorship contribution to the Arizona Women Lawyers Association’s 30th Anniversary event to be held Thursday, October 25, 2007.
Mr. McVey also reported to the Board the following; a) the Bar has completed its purchase of six new copier machines from IKON at a cost of $118,000, b) the Bar will be reducing its monthly charges to the Foundation for accounting services as the Foundation transitions in house various accounting functions beginning in June 2007 through the end of 2007. The total reduction in charges for this period is estimated to amount to $30,000 and c) that Tom Harper was hired June 28, 2007 by the Bar to serve as its Accounting Manager. Mr. Harper is an ASU graduate in accounting, has an active Certified Public Accountant license in the State of Illinois and has 14 years of accounting work experience including a period of time with a 28,000 member non profit voluntary trade organization similar to the Bar.
President McAuliffe requested a motion to approve the Consent Agenda.
Rules of Procedure for Eviction Actions
David Rosenbaum one of the Landlord and Tenant Task Force Co-Chairs; Hon. Hugh Hegyi, drafting subcommittee co-chair, and Justice of the Peace Steven McMurry all presented on behalf of the Landlord Tenant Task Force. After some discussion, Task Force Member Ellen Katz, was also invited to comment.
A lengthy discussion ensued:
The Rules Committee recommended that the Petition be filed with the Court seeking adoption of proposed Rules for Eviction Actions and that the court be provided with the Minority Reports as presented to the Board of Governors by the Task Force.
Dee-Dee Samet moved and Richard Coffinger seconded to amend the Eviction Action Rules Petition to include only the Katz Minority Report. In a vote of 10-12. The motion failed.
Further discussion ensued.
The Board voted to file a petition with the Supreme Court seeking adoption of proposed Rules for Eviction Actions as proposed by the Landlord/Tenant Task Force without any Minority Reports.
David Rosenbaum will draft the Rule 28 Petition and will submit it to John Furlong, General Counsel.
Supreme Court Rule111 (unpublished opinions)
Thom Hudson reviewed the Rule 111, Unpublished Opinions petition with the Board. The Board voted unanimously to file a petition with the Supreme Court, as brought by the Civil Practice and Procedure Committee and the Appellate Practice Section, to amend Supreme Court Rule 111 to mandate that the Court post unpublished decisions on the Internet (something it is presently doing as a pilot project), to permit citation for persuasive purposes only of unpublished decisions issued by courts in another state, so long as that state permits the citation of unpublished decisions under its own court rules, and to ask the Court to consider whether to permit the citation for persuasive purposes of unpublished decisions issued by Arizona’s Appellate Courts.
Rule 5
Debbie Weecks, on behalf of the Solo Practice/Small Firm Section presented a proposed petition to amend Rule 5 of the Rules of Civil Procedure to permit attorneys to provide limited representation in cases involving alleged exploitation of vulnerable adults. (This petition was first presented to the Board last year and had been referred to the Civil Practice and Procedure Committee and then to the Rules Committee for input).
Amelia Craig Cramer, Chair, Rules Committee reviewed this history with the Board. Ms. Cramer stated that this could return to the Board in November. Dave Byers suggested that the Committee focus only on exploitation of adults and have a five-year sunset provision. Ms. Weecks agreed that a sunset provision could be included in the proposal to be brought back before the Board.
Dave Byers moved to return this substantive matter to Rules to determine if this is to be voted on this year and to focus only on the exploitation of adults and include a provision for a five-year sunset. Amelia Craig Cramer seconded with the amendment for it to be returned to Civil Practice and Procedure Committee. The Board of Governors proposed that the Civil Practice and Procedure Committee assist in drafting modifications to a new proposed 5.2 rule petition and return it at the November or December Board of Governors meeting.
Rule 33.1 of the Rules of Civil Procedure on Uniform Interrogatories
John Rogers, Chair of the Civil Practice and Procedure Committee, reported on Rule 33.1. The Board discussed and will be voting at its October meeting on whether to adopt a proposed petition to amend Rule 33.1 of the Rules of Civil Procedure on Uniform Interrogatories.
Sua Sponte Employer Sanctions Petition
The Board asked Amelia Craig Cramer, Rules committee Chair to prepare a comment on the proposed petition filed by Dave Byers and called the Rules of Procedure for the Legal Arizona Workers Act, colloquially known as the “Employer Sanctions Law.”
LAWYER REFERRAL INFORMATION SERVICE (LRIS)
Whitney Cunningham reported that the Task Force continues to make progress and that all stakeholders are working toward a final agreement that will then be presented to the Board for approval.
TUCSON BUILDING TASK FORCE
Amelia Craig Cramer updated the Board on progress the Tucson Building Task Force has made with respect to acquisition of a Southern Regional Office Building. A contract has been signed for a building at 270 N. Church Ave. in Tucson, and the due diligence period will end on October 7.
Amelia Craig Cramer moved and Dave Byers seconded and motion carried unanimously to authorize staff to negotiate an extension of the due diligence period for up to 30 days, and authorize Scope and Operations to work with the staff on matters arising before the next Board meeting.
LIAISON REPORTS
Young Lawyers Division - Abbe Goncharsky, President of the Young Lawyers Division, reported that the Division has a full Board. YLD has sponsored 56 Wills for Heroes events, and with its current schedule will have served 12 counties in Arizona. YLD will be hosting four Holiday Parties for Kids, in Flagstaff, Casa Grande, Tucson and Phoenix.
Arizona Women Lawyers Association (AWLA) – The AWLA reported that its Mary Anne Richey breakfast, held at the State Bar Convention, covered all costs and provided $500 to the scholarship fund. The AWLA Annual Convention will be held on November 2. Lauren Stiller Rikleen, author of Ending the Gauntlet: Removing the Barriers to Women’s Success in the Law, is the keynote speaker.
The United Phoenix Firefighters Association and the Phoenix Fire Department recognized seven attorneys for contributing over 100 hours of pro-bono service to the first responder community through Wills for Heroes: Trisha L. Baggs, Nicole Seder-Cantelme, Jeffrey H. Jacobson, Denise E. McClain, Angela C. Moore, Patti J. Shelton and Susan Brichler Trujillo. The Wills for Heroes program honored Quarles & Brady LLP for allowing 15 of their attorneys to donate 550 hours to the program, constituting 20% of the entire time spent on the project in Phoenix.
The Board recognized Kenneth L. Neeley, Gilbert, Arizona, who placed first on the February 2007 bar exam with a gift from the Board of Governors.
ADJOURN
Roger Contreras moved and Michael Crawford seconded and motion carried unanimously to adjourn.
Respectfully submitted,