At its meeting on July 21–22, 2022, the State Bar Board of Trustees adopted a streamlined set of parliamentary rules and discussed changes to expand and standardize public comment procedures as ways to improve both public access to meetings and overall accountability.
The Board is adopting Rosenberg's Rules of Order to replace Robert's Rules of Order as its governing parliamentary procedures. Adopting a simpler set of rules that are easy for all policy body members and the public to understand and use will assist in the smooth and effective conduct of Board business. Guidelines for expanding and standardizing opportunities for public comment were discussed and will be voted on a later meeting.
"These actions are examples of the numerous ways in which this Board and staff leadership are demonstrating a commitment to expanding public involvement in meaningful ways, in alignment with our new five-year strategic plan," said Board Chair Ruben Duran. "From adopting parliamentary rules that are clear and accessible to all, to expanding recruitment for State Bar committees—particularly for public members—to innovating new ways to broaden how we gather written public comment, to thinking carefully about how we invite and agendize public comment before and during meetings, we are making proactive changes to elevate the public's voice in our work."
Progress on State Auditor recommendations
The Board also heard a progress report from Chief Trial Counsel George Cardona on the State Bar’s implementation of recommendations from the State Auditor in their report focusing on the discipline system, issued in mid-April.
Of the State Auditor’s 14 recommendations to the State Bar, 7 have been fully implemented, and steps to implement many of the other recommendations are expected to be completed by the end of July. Steps taken in response to the State Auditor’s recommendations have included:
- Implementing policies and procedures requiring conflict checks by investigators and attorneys at case assignment and closing;
- Better integrating a conflicts of interest database with the State Bar’s case management system to improve monitoring of conflicts;
- Revising closing letters for complaints related to client trust accounts (CTAs) and bank reportable actions (overdrafts) to include resource information for attorneys;
- Updating policy so that cases resulting from small-amount bank reportable actions are not closed without investigation if the attorney has a pending or prior (within the last two years) bank reportable action or client trust account-related complaint;
- Updating policy related to the current semiannual random audits of closed cases, to ensure the independence and objectivity of the external auditor and establish formal oversight by the Board to ensure that the external auditor’s findings are addressed, as recommended by the State Auditor; and
- Creating a consumer alert (approved at today’s meeting) that will notify the public on the State Bar’s website when other jurisdictions have determined that an attorney licensed in California presents a substantial threat of harm to the public.
Meanwhile, steps to fully implement three of the State Auditor’s other recommendations are expected to be completed between October 2022 and April 2023.
In other actions at the July meeting, the Board:
- Approved a slate of 38 officers and members of State Bar committees, commissions, and task forces. The State Bar greatly expanded outreach this year to seek a more diverse applicant pool, including nonattorney members of the public. This expanded outreach resulted in a record 164 applications for subentity appointments.
- Approved circulating for public comment a change intended to eliminate an unnecessary hurdle to bar admission. As in many other states, those who pass California’s bar exam have a time limit by which they must complete all other admission requirements and get sworn in. In California, the current time limit is five years. The Committee of Bar Examiners is recommending eliminating the five-year requirement. The rule change proposal will circulate for 45 days of public comment before returning to the Board for approval, after which it will go to the Supreme Court for final review and approval.
- Approved a new work plan for the Board’s Audit Committee that includes an internal audit focusing on diversity, equity, and inclusion (DEI). The current strategic plan commits the State Bar to advancing DEI concerning its own operations as well as in California’s legal profession. With this direction, the State Bar will conduct a comprehensive DEI audit of its hiring practices, procurement, and other operational business. The Audit Committee will oversee this audit, planned for 2023, and will review the findings to determine the scope and nature of any needed follow up activity.
Original source can be found here.