supported the amendments to
the Declaration of Trust.
3MOTION: Coming from the
committee and requiring no
second, the board voted to
approve the proposed amendments to the Declaration of
Trust over one abstention,
Alex Vakula.
3 Finance Committee—Chair
Richard Platt:
3MOTION from the committee, requiring no second, to
approve the 2014 budget as
proposed.
3Discussion ensued regarding
adding the $16,000 travel
expense back in to the draft
2014 budget for the Bar’s five
ABA Delegates. Diane Drain
offered an amendment to
include travel expenses for the
five ABA Delegates for the
February ABA meeting. The
amendment was not accepted.
3Friendly amendment offered
by Geoff Trachtenberg for
CEO John Phelps to find the
$16,000 from staff travel. The
amendment was not accepted.
3MOTION: Diane Drain
moved and Patrick Greene
seconded to restore funding
for the five ABA Delegates to
attend both the Annual and
Midyear Meetings with discre-
tion left to CEO John Phelps
to take the $16,000 from
somewhere within the budget.
Motion passed over the objec-
tion of Geoff Trachtenberg.
3MOTION: The proposed
budget for 2014 as presented
and as amended to include
travel for the Bar’s five ABA
Delegates carried over one
objection of Dee-Dee Samet.
3 Rules Committee—Chair
Geoff Trachtenberg:
3Proposed Petition to Amend
Rule 53(a) and (b),
ARIZ.R.CIV.P. (appointment
of special master)—The Civil
Practice and Procedure
Committee proposed filing a
Petition to Amend Rule 53,
ARCP, to clarify circumstances
under which special masters
may be appointed. Subject to
an amendment to the petition
concerning the parties’ respec-
tive ability to pay for a special
master, which was accepted,
the Rules Committee unani-
mously recommended filing
the proposed petition.
3MOTION: Coming as a
Motion from the Rules
Committee, the board voted
unanimously to support the
recommendation of the committee to file the petition as
presented.
3Proposed Petition to Amend
Rule 55(b)( 1), ARIZ.R.CIV.P.
(liquidated damage default
judgment)—The Civil Practice
and Procedure Committee
recommended filing a Petition
to Amend Rule 55, ARCP,
to clarify an ambiguity in the
“default judgment” rule that
has resulted in a conflict in the
Court of Appeals.
3MOTION: Coming as a
Motion from the Rules
Committee, the board voted
unanimously to support the
recommendation of the committee to file the petition as
presented.
3Proposed Petition to Amend
Rule 12, ARIZ. R.FAM.L.PROC.
(court interview of children)—
3 The Family Practice
Committee proposed an
amendment to Rule 12,
which governs the process
by which children are interviewed confidentially in a
family law case.
3MOTION: Coming as a
Motion from the Rules
Committee, the board voted
to support, over one dissent,
the recommendation of the
committee to file the proposed
Petition to Amend Rule 12,
ARIZ. R.FAM.L.PROC.
3 Ethics Committee—Russell
Yurk:
3 Proposed Petition
Implementing ABA 20/20
Rules Changes—At its
October 2013 meeting, the
board voted on this petition
and later there was confusion
over whether the motion that
passed excluded changes to
ER 7. 3(a) only or to all of ER
7. 3. This issue was raised at
the November Scope and
Operations Committee meeting, where it was the determination of the president to defer
to the acting secretary, who
will be signing the minutes.
The acting secretary deferred
to the board member, who
had recalled that his motion
was to exclude all changes to
ER 7. 3. The Ethics Committee
is returning to the board to
ask for reconsideration.
3MOTION: Coming as a
motion from the Ethics
Committee, requiring no
second, the board voted unanimously in favor of filing the
proposed petition as submitted
previously along with additional recommended changes to
7. 3(a) and (b): change “from
the client” to “from the person
contacted.”
3UCC Article 9 Report—
Yvonne Hunter and Hon. Sam
Thumma:
3Changes clarify the 1999
legislation. It changes the way
that a debtor can be identified,
requiring an Arizona State
driver’s license, as verified,
and also through using their
full name.
3Clarifies how a creditor retains
their first-place position on the
UCC when they move.
3Business Law Section endorsed
the changes.
3Requesting a vote of support
but not asking the SBA to find
a sponsor for the bill or
shepherd through legislative
session.
3MOTION: Coming as a
motion from the Business Law
Section, the board voted unanimously to support the changes
to the UCC Article 9.
3 Human Resources
Committee—Audrey Jennings:
3 The CEO/ED performance
appraisal timeline was presented. The CEO’s self-evaluation
is due Jan. 6, 2014, with input
from board members and
Senior Leadership due by
January 23.
3An external consultant, Deb
Krutz, will collect and compile
the data for presentation at the
February 28 board meeting.
3 Legislative Update—Lobbyist
Janna Day:
3 The State Bar has three bills
that she is shepherding. The
Mental Health Guardianship
bill will allow law enforcement
to pick up and transport an
individual for mental health
care. The Mental Health
Section worked on this and
was vigilant to protect the
rights of the person. Senator
Steve Yarborough is sponsor-
ing the bill.
3Proactively working on two
bills proposed by the Business
Law Section and endorsed by
the board.
3Ms. Day reviewed the status of
the Benefit Corporations bill
that was signed into law but
on which the State Bar did not
take a position.
3 Communications Advisory
Committee—Rick DeBruhl:
3Communications Access to
Members Policy approved
Mar. 25, 2011.
3Issue: Some organizations
want access to our members
so that they can advertise
competing CLE events.
3 This proposed revised policy
would make it clear that promoting non-Bar CLE for any
purpose is not allowed. The
new policy adds one line: “In
general, requests to promote
non-Bar CLE events will not
be granted.” As with other
portions of the policy, this
allows for exceptions based
on the CEO’s judgment or
an appeal to the Scope and
Operations Committee.
3MOTION: Coming from the
Communications Advisory
Committee, requiring no
second, the board voted
unanimously to approve the
recommended changes to the
Communications Access to
Members Policy dated Mar.
25, 2011.
3 Appointments Committee—
Chair Lisa Loo:
3Arizona Foundation for
Legal Services & Education
Board of Directors—
Three openings, Whitney
Cunningham reported: Three
appointments will be made
by the State Bar’s Board of
Governors. Meredith Peabody
is completing her first three-year term and is eligible for,
and is seeking, reappointment
to a second but final term.
Hon. Thomas Berning
(Tucson City Court) and
Robin Mitchell (Arizona
Corporation Commission) are
completing their second three-
BOARD OF GOVERNORS
