February 22, 2013 - Oregon State Bar

Minutes
BOG Governance & Strategic Planning Committee
Meeting Date: January 11, 2013
Location: OSB Center, Tigard, Oregon
Chair:
David Wade
Vice-Chair: Tom Kranovich
Members: Jenifer Billman, Patrick Ehlers, Ray Heysell, Audrey Matsumonji, Richard Spier
ACTION ITEMS
1. Call to Order; Attendance. Mr. Wade called the meeting to order at 3:30 p.m. All
committee members were in attendance, along with BOG members Michael Haglund and
Hunter Emerick, and staff members Sylvia Stevens, Helen Hierschbiel, Jeff Sapiro and Susan
Grabe.
2. Approve minutes of October 12, 2012 and November 10, 2012 meetings. On motion of
Mr. Spier, seconded by Mr. Heysell, the minutes of the October 12, 2012 and November
10, 2012 former Policy & Governance Committee were approved unanimously as
submitted.
3. Amending Fee Arbitration Rules. Ms. Hierschbiel explained the proposed amendments to
the Fee Arbitration Rules relating to the requirement that arbitrators report evidence of
misconduct to OSB Disciplinary Counsel’s Office. On motion of Mr. Spier, seconded by Mr.
Heysell, the committee voted unanimously to forward the proposed changes to the BOG
for consideration.
4. Preference Polls for Circuit Court Appointments. The committee discussed whether to
recommend reinstating preference polls for circuit court appointments as was done
regularly prior to 2006. There was a consensus that the polls are taken seriously by lawyers
who make their choices based on a candidate’s qualifications and thus provide helpful
information to the public. On Ms. Billman’s motion, seconded by Mr. Spier, the committee
voted unanimously to pass the recommendation on to the board.
5. BOG Consideration of CSF Recommendations. After discussion, Mr. Kranovich moved,
seconded by Mr. Heysell, to recommend that the CSF be granted authority to resolve
claims of less than $5,000, subject to regular and timely reporting to the BOG.
6. BOG Role in Reinstatements. Mr. Sapiro reminded the committee that the ED currently
has authority to approve informal reinstatement applications. With regard to formal
applications, Mr. Sapiro suggested two possibilities: (1) delegate review of the routine
formal applications to the ED, who could refer any questionable application to the BOG,
and (2) put the routine applications on the BOG’s consent agenda for approval without
discussion unless a BOG member asked for it. After discussion, on motion of Mr. Kranovich,
seconded by Mr. Ehlers, the committee voted unanimously that the Bar Rules should be
amended to allow the first option. Staff will draft the necessary rule changes for the
committee’s consideration in February.
7. MCLE Rule re: Judicial Temperament. Mr. Haglund reported his belief that the Chief
Justice is reluctant to impose a special MCLE rule on judges that would require training on
“appropriate judicial temperament.” The committee discussion then turned to suggesting
a rule that would require training on “demeanor, adherence to the law, and bias.” There