California Bar Journal
OFFICIAL PUBLICATION OF THE STATE BAR OF CALIFORNIA - NOVEMBER 1998
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Supreme Court to hear petition on discipline
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By NANCY McCARTHY
Staff Writer
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The California Supreme Court will consider a State Bar petition and a request from the governor that the court take action to resuscitate the bar's nearly defunct discipline system.

By unanimous vote, the justices set aside the entire afternoon of Nov. 9 to hold an unusual public hearing on the two requests. The hearing will be held in Sacramento.

The court set a deadline of Oct. 29 for interested parties to submit written comments or requests to make an oral presentation. It will decide which individuals or organizations will be permitted to address the court at the November hearing.

State Bar President Ray Marshall said he was "pleased and encouraged" by the court's action. "The significance is that they view this as an important issue that has far-reaching ramifications," he said. "There's a crisis out there that has to be addressed."

The bar asked the court last month to order a $171 assessment for each active California attorney in order to partially restore the crippled discipline system.

The petition followed by a few days a letter from Gov. Pete Wilson to Chief Justice Ronald George seeking court assumption of the discipline operation.

Wilson warned that "it would be a serious mistake" for the bar to petition the court because such a move would both intrude on the legislative process and raise separation of powers questions.

The court acknowledged in its order that, in the past, it has "recognized that the legislature has a legitimate role to play in the arena of attorney admission and discipline . . ." Should legislation be enacted to provide

See SUPREME COURT


Five board members elected in low turnout
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By NANCY McCARTHY
Staff Writer
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Five new members of the board of governors, each an attorney with strong links to either a local bar association or the State Bar, were sworn in for three-year terms at the annual meeting last month. The bare-bones election, held after board members debated its efficacy during a financial crisis, resulted in the lowest number of votes ever cast.

See BOARD MEMBERS ELECTED


With no dues, Marshall makes plans for the bar to fly again
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By NANCY McCARTHY
Staff Writer
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Ray Marshall ponders the work ahead during his year as State Bar president.The Baccarat crystal eagle adorning Ray Marshall's desk reminds him of "I Can Fly," the popular R. Kelly song that inspires him to greater heights.

"It's my theme song," says Marshall, who last month was sworn in as the 73rd State Bar president.

A gift from his wife, Piper, she says the eagle is fitting because Marshall always strives to reach his goals.

See MARSHALL MAKES PLANS


Potential jurors no longer held hostage
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By Jan. 1, citizens summoned for jury duty in California will face a friendlier, more convenient system. As a result of a "one day-one trial" measure signed into law by Gov. Wilson, jurors who are not assigned to a civil or criminal trial on the first day of a summons will be excused for a year, or longer in some counties.

The new law was introduced by Sen. Bill Lockyer, D-Hayward, in response to a 1996 report by the California Judicial Commission which warned that California's jury system was "on the brink of collapse," partly because so many jurors fail to show up.

Jury duty varies widely throughout California. The one day-one trial system already is in place in 21 counties. But in some counties, jurors must appear in court day after day for up to 10 days, or be on call for a week or two.

As a result, jury service is seen by many citizens as an onerous, inconvenient task.

Although Wilson signed the one day-one trial measure, he nixed another bill which would have doubled the daily compensation for jurors from $5 to $10.

See JURORS