PLEASE NOTE: Publication for public comment is not, and shall not be construed as a recommendation or approval by the Board of Trustees of the materials published.

SUBJECT:

Proposed Revisions to State Bar Rules Title 6, Division 2, Chapter 1 Regarding State Bar Open Meeting Rules

BACKGROUND:

The State Bar has been subject to open meeting requirements since 1975 when Business and Professions Code section 6026.5 was enacted. Section 6026.5 requires full meetings of the State Bar Board of Trustees (“Board”) to be open and contains a list of specified situations in which closed sessions are allowed. In 1985, the Board adopted rules which extended open meeting requirements to its board committees. Between 1989 and 1990, the Board adopted additional rules which extended open meeting requirements to regulatory and special committees appointed by the Board. All of the open meeting rules applicable to the Board, board committees and board-appointed bodies now appear in State Bar Rules 6.50-6.54 (“open meeting rules”).

PROPOSAL:

To amend portions of the State Bar’s open meeting rules to provide greater public access to State Bar meetings, consistent with the open meeting requirements of the Bagley Keene Open Meeting Act (Cal. Gov. Code § 11120 et seq.). The proposed amendment would provide that joint sessions of the Board and Board Committees may be noticed in accordance with the State Bar’s open meeting rules. The amendment would also prohibit attendance of a quorum of the Board at closed sessions of Board Committees authorized under Rule 6.55 (A)(1)-(3).

KNOWN FISCAL/PERSONNEL IMPACT:

None.

ATTACHMENTS:

Agenda Item III.C. Open Meeting Rules, Title 6, Chapter 1, Proposed Amendments, Request for Release for Public Comment

Redlined Version of State Bar Rules 6.50, 6.51 and 6.55

SOURCE:

Board Operations Committee
Nov. 16, 2012
Agenda Item III.C.

DEADLINE:

Jan. 4, 2013

DIRECT COMMENTS TO:

Pat Bermudez
Office of General Counsel
180 Howard Street, San Francisco, CA 94105
415-538-2270
415-538-2321
pat.bermudez@calbar.ca.gov