California Bar Journal
OFFICIAL PUBLICATION OF THE STATE BAR OF CALIFORNIA - FEBRUARY 2000
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California Bar Journal

The State Bar of California


REGULARS

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Front Page - February 2000
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News Briefs
Appeal court denies bar's petition to reverse Brosterhous
Fee bill introduced
Bar fee arb program gears up
David Bryson, Loren Miller recipient, dies at 58
Board to name one to Judicial Council
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You Need to Know
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Opinion
From the President - For our system to work, we need to be involved
Let's let public lawyers take a seat at the table
The illusion of a cosmetic fix
Letters to the Editor
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MCLE Self-Study
The Supreme Court and the ADA
Self-Assessment Test
MCLE Calendar of Events
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Appointments
Access commission seeks members for 2 positions
Apply to serve on a bar committee
Bar seeks applicants for ABA delegates
Judge evaluation positions open
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Discipline
Ethics Byte - 'Rampant' conflicts in a new economy
Attorney suspected of soliciting murder of bar prosecutor
Attorney Discipline
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Legal Tech - If the hype is right, ASPs are H-O-T
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Public Comment

PUBLIC COMMENT

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Member fee deductions

In December, the board of governors adopted, on an emergency basis, an interim procedure for notice to members of the bar’s budgeted activities for 2000, including a list of legislative positions and the board’s determination of the chargeability of the planned activities under Keller. The procedures provide members the opportunity to file an objection to the board’s determination, an escrow of objecting members’ fees pending the outcome of their objections, and an option for the board to either refund part or all of a member’s escrowed fees or refer the challenge to arbitration.

SOURCE: Board of Governors Legal Committee
DEADLINE: March 3, 2000
CONTACT: Francisco Gomez, Office of General Counsel, 180 Howard St., San Francisco 94105-1639; 415/538-2270

JNE rules and procedures

Proposed revisions include adoption of 24 recommendations previously adopted by the State Bar Board of Governors, as well as three additional changes to the rules and procedures of the Commission on Judicial Nominees Evaluation.

SOURCE: State Bar Board of Governors
DEADLINE: March 3, 2000
CONTACT: Francisco Gomez, Office of General Counsel, 180 Howard St., San Francisco 94105-1639; 415/538-2270

State Bar districts

Amends the Rules and Regulations of the State Bar, article IIB, 5, to continue current State Bar districts for the purpose of conducting elections of the attorney members of the board of governors in the years 2000 through 2009.

SOURCE: State Bar Board of Governors
DEADLINE: March 3, 2000
CONTACT: Francisco Gomez, Office of General Counsel, 180 Howard St., San Francisco 94105-1639; 415/538-2270

Legislative procedures

Changes State Bar legislative policies and procedures to (1) require a separate determination concerning whether a proposed legislative position is within the parameters established by the U.S. Supreme Court in Keller v. State Bar of California; (2) require a two-thirds majority of the board of governors to approve a legislative position of the board; (3) publicly identify that legislative positions taken by sections or the conference of delegates are not funded from mandatory dues; and (4) on an interim basis for 2000, require that all legislative positions taken by the board of governors or by State Bar committees and commissions funded from State Bar general funds shall be within the parameters established by Keller.

SOURCE: State Bar Board of Governors
DEADLINE: March 3, 2000
CONTACT: Francisco Gomez, Office of General Counsel, 180 Howard St., San Francisco 94105-1639; 415/538-2270

Fee arbitration rule

Proposed amendment to Rule 21.1, Rules of Procedure for Fee Arbitrations and the Enforcement of Awards by the State Bar of California.

SOURCE: Board Committee on Regulation and Discipline
DEADLINE: March 3, 2000
CONTACT: Jill Sperber, Office of Mandatory Fee Arbitration, 180 Howard St., San Francisco 94105-1639; 415/538-2023

Rules of Procedure

Proposed amendments to four rules of procedure — 105, Motions; 115, Continuances; 2409, Member’s Response to Allegations; and 2604, Filing Notice of Disciplinary charges. (Full text of proposed amendments is at www.calbar.org.)

SOURCE: Board Committee on Regulation and Discipline
DEADLINE: March 3, 2000
CONTACT: Michael Alewine, Office of the State Bar Court, 180 Howard St., San Francisco 94105-1639; 415/538-2017

Rule 955 amendment

Proposed amendment to Rule 955, Duties of Disbarred, Resigned or Suspended Attorneys, of the California Rules of Court.

SOURCE: Board Committee on Regulation and Discipline
DEADLINE: March 3, 2000
CONTACT: Michael Alewine, Office of the State Bar Court, 180 Howard St., San Francisco 94105-1639; 415/538-2017

MCLE rules amendments

Proposed amendments to Califor-nia rule of court 958 and the MCLE rules and regulations will conform them to amended 6070 of the Business and Professions Code, which reduces the number of required MCLE hours and eliminates the exemption for retired judges.

SOURCE: Board of Governors Committee on Regulation and Discipline
DEADLINE: March 10, 2000
CONTACT: Lorna Maynard, Office of Certification, 180 Howard St., San Francisco CA 94105-1639; 415/538-2115; fax 415/538-2180; e-mail maynardL@ix.netcom.com.

Admissions rules

Proposed amendment to Rule VIII of the Rules Regulating Admission to Practice Law in California would allow general applicants who have registered with the Committee of Bar Examiners to take the Multistate Professional Responsibility Examination at any time after they have registered with the committee, including during their first year of law study. Proposed Rule XVII establishes procedures and time frames for processing applications for testing accommodations.

SOURCE: Committee of Bar Examiners
DEADLINE: April 7, 2000
CONTACT: Gayle Murphy, Office of Admissions, 180 Howard St., San Francisco 94105-1639; 415/538-2322